BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 710
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 710 (Skinner) - As Amended:  April, 25, 2011 

          Policy Committee:                              Local 
          GovernmentVote:8-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill establishes minimum parking standards for new 
          transit-oriented development.  Specifically, this bill:  

          1)Prohibits a local government from requiring a minimum parking 
            standard greater than one parking space per thousand square 
            feet of nonresidential improvements and one parking space per 
            unit of residential improvements for any new development 
            project, including changes that incorporate existing building 
            improvements in transit intensive areas.

          2)Allows jurisdictions to require higher minimum standards for 
            new development with written findings, as specified, based 
            upon substantial evidence in the record, including a parking 
            utilization study conducted within the last 24 months.

           FISCAL EFFECT  

          Negligible state costs.

           COMMENTS  

           1)Purpose.   According to the author, AB 710 creates parking 
            standards appropriate for small lot/infill developments in 
            established transit corridors. 

            Supporters contend AB 710 provides a significant incentive to 
            housing and commercial developers to pursue needed infill and 
            TOD projects.  According to the supporters, increases in 
            public transportation options and the development of 
            neighborhoods less dependent on the automobile reduce the 








                                                                  AB 710
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            demand for parking.  Relaxing minimum parking requirements 
            allows developers to be more creative and efficient in 
            supplying housing, especially in inner city areas.

           2)Background.   SB 375 (Steinberg, Chapter 728, Statutes of 2008) 
            aims to help California achieve its greenhouse gas reduction 
            objectives by promoting more efficient land use and 
            development patterns.  SB 375 lays out ambitious goals for the 
            state, but it is widely acknowledged that achieving those 
            goals will require policy changes at the state, regional and 
            local levels. 

            AB 710 addresses one impediment to achieving the goals of SB 
            375 by requiring low minimum parking requirements-one space 
            per housing unit or one space per 1,000 square feet of 
            commercial development-in transit-intensive areas that are 
            slated for high-density development. According to the sponsor, 
            the California Infill Builders Association, excessive minimum 
            parking requirements can add significantly to the cost of 
            projects in existing developed areas by 10 to 20 %, making 
            projects financially infeasible. 
              
           3)Opposition.   Opponents, the Cities of Lakewood, Concord and 
            Encinitas, argue that AB 710's one-size-fits-all approach 
            impedes local discretion in land use decision-making and 
            ignores the fact that every community is different and has 
            different needs.  Opponents feel that decisions about parking 
            are best left to the discretion of local governments, who are 
            in a much better position to determine how much parking their 
            community requires.

           4)Concerns  .  Western Center on Law & Poverty and the California 
            Rural Legal Assistance Foundation have expressed concern that 
            AB 710 may have serious unintended consequences for affordable 
            housing, but have not taken a position on the bill.  They 
            point out that the bill may undercut provisions of the state's 
            density bonus law, which provides incentives to developers of 
            market-rate housing to include affordable units in their 
            projects.  The two organizations note that they have long been 
            proponents of smart growth and improved access to public 
            transit for their low-income clients, but believe that AB 710 
            addresses one part of the problem out of context with a whole 
            host of other concerns, including environmental justice 
            issues.









                                                                  AB 710
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           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081