BILL NUMBER: SB 469	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vargas

                        FEBRUARY 17, 2011

   An act to add Section 65964.5 to the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 469, as introduced, Vargas. Land use: development project
review: superstores.
   The Planning and Zoning Law sets forth various requirements
relating to the review of development project permit applications,
and the issuance of development permits for, particular, specified
classes of development projects.
   This bill would require an applicant to a local government for a
permit to develop a superstore, as defined, to submit to that local
government an economic and community impact analysis report,
including various, specified assessments, prior to the review of the
permit application.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65964.5 is added to the Government Code, to
read:
   65964.5.  (a) It is the intent of the Legislature to do both of
the following:
   (1) Encourage local governments to provide minimum standards
applicable to the review and approval of a permit to develop a
superstore.
   (2) Assist local communities in assessing whether the development
of a superstore would cause adverse impacts on small businesses,
traffic congestion, and air quality by requiring that an applicant to
develop a superstore submit an economic and community impact
analysis report to the appropriate permitting agency prior to the
initiation of the review of the permit for approval.
   (b) (1) For purposes of this section, "superstore" means either of
the following:
   (A) A single tenant retail establishment that exceeds 90,000
square feet gross floor area.
   (B) A multiple tenant retail establishment that exceeds 90,000
square feet gross floor area, more than 10 percent of the sales floor
area is devoted to the sale of nontaxable merchandise, and the
multiple tenants share common check stands, a controlling interest,
storage areas, warehouses, or distribution facilities.
   (2) "Superstore" does not include wholesale clubs or other
discount retail establishments that primarily sell bulk merchandise
and that charge membership dues or otherwise restrict merchandise
sales to customers paying a periodic assessment fee.
   (c) An applicant to a local government for a permit to develop a
superstore shall submit to that local government an economic and
community impact analysis report prior to the review of the permit
application. The economic and community impact analysis report shall
include, but not be limited to, all of the following:
   (1) An assessment of the extent to which the proposed superstore
will capture a share of retail sales in the economic and community
impact area.
   (2) An assessment of how the construction and operation of the
proposed superstore will affect the supply and demand for retail
space in the economic and community impact area.
   (3) An assessment of the number of persons employed in existing
retail stores in the economic and community impact area, including,
but not limited to, an estimate of the number of persons who will
likely be employed by the proposed superstore, an analysis of whether
the proposed superstore will result in a net increase or decrease in
employment in the economic and community impact area, and a
projection of the costs of public services and public facilities that
will result from the construction and operation of the proposed
superstore and a description of how those services and facilities
will be financed.
   (4) An assessment of how the development of the proposed
superstore conforms to an applicable general plan and the goals and
policies of that general plan.
   (5) An assessment of the effect that the construction and
operation of the proposed superstore will have on average total
vehicle miles traveled by retail customers in the same economic and
community impact area.
   (6) An assessment of whether there will be any restrictions on the
subsequent use of the proposed superstore project site, including,
but not limited to, restrictions hindering or preventing residential
and small business uses.
   (7) An assessment of whether the proposed superstore would require
the demolition of housing, or any other action or change that
results in a decrease in or negative impact on the creation of
extremely low, very low, low-, or moderate-income housing in the
jurisdiction.
   (8) An assessment of whether the proposed superstore would result
in the destruction or demolition of park and other open green space,
playground, childcare facility, or community center.
   (9) An assessment of whether the proposed superstore would result
in any other adverse or positive impacts to neighborhood and small
businesses.
   (10) An assessment of whether any measures are available that
would mitigate any material adverse impact of the proposed
superstore.