BILL ANALYSIS �
AB 710
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CONCURRENCE IN SENATE AMENDMENTS
AB 710 (Skinner)
As Amended July 12, 2011
Majority vote
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|ASSEMBLY: |76-0 |(June 2, 2011) |SENATE: |> |(>) |
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Original Committee Reference: H. & C.D.
SUMMARY : Establishes parking standards for new transit-oriented
development. Specifically, this bill :
1)Prohibits a city, county, or city and county, including a
charter city, 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 of use that incorporate existing building
improvements, in transit intensive areas.
2)Specifies that the minimum parking standards do not apply in
any of the following cases:
a) The proposed project and immediately adjoining
properties are designated for development or redevelopment
at a floor area ratio below 0.75;
b) The proposed project is located on a parcel or parcels
on which dwelling units whose rents are restricted by
recorded covenant or ordinance to levels affordable to
persons and families of low or moderate income will be
destroyed or removed, unless the project will provide an
equal number of affordable bedrooms at the same or lower
income levels with deed restrictions that will keep them
affordable for at least 55 years in the case of rental
units and 45 years in the case of ownership units; or,
c) The proposed project is located in whole or in part on a
parcel where the owner withdrew residential rental units
from rental or lease, or offering for rental or lease,
pursuant to the Ellis Act within five years of application
for development of the project.
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3)Allows a jurisdiction to require higher minimum standards for
new development if it makes written findings based upon
substantial evidence in the record, including a parking
utilization study completed within the last 24 months, that
shows existing publicly available parking that includes all
publicly owned on-street and off-street spaces and privately
owned off-street spaces accessible to the general public,
within one-quarter mile of the project site, but excluding any
spaces on exclusively residential streets, have a peak
occupancy that exceeds 85% at any point during the study
period.
4)Defines "transit intensive area" as an area that is within
one-half mile of a major transit stop or within one-quarter
mile of the center line of a high-quality transit corridor
included in a regional transportation plan.
The Senate amendments :
1)Revise the definitions on "transit-intensive area" to specify
that it is an area that is either within one-half mile of a
major transit stop or within one-quarter mile of the center
line of a high-quality transit corridor included in a regional
transportation plan.
2)Specify that with respect to replacement units for any
affordable housing destroyed or removed as a result of the
project, the project must replace an equal number of bedrooms
rather than just units.
3)Require ownership replacement units to remain affordable for
at least 45 years.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state costs.
COMMENTS : 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
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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.
This bill addresses one impediment to achieving the goals of SB
375 by mandating low 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. This bill allows a jurisdiction to
impose higher parking standards if a recent parking utilization
study shows that existing parking spaces in the area around the
proposed project site are already heavily utilized. Under
existing law, cities and counties could require the project
developer to pay the cost of preparing a parking study. Nothing
in this bill precludes a jurisdiction from allowing additional
parking in a transit-intensive area if the developer and the
jurisdiction agree that additional parking makes sense for the
project.
According to the sponsor, the California Infill Builders
Association, excessive parking requirements can add 10 to 20% to
the cost of projects in existing developed areas, making some
projects financially infeasible. The sponsor argues that
increases in public transportation options and the development
of more walkable and bikeable neighborhoods reduce the demand
for parking. Reducing parking requirements for projects in
developed areas and allowing builders and the market to decide
how much parking is needed can ensure sufficient amounts of
parking while significantly reducing the cost of development and
increasing housing affordability.
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085
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