BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 674|
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THIRD READING
Bill No: SB 674
Author: Corbett (D)
Amended: 1/6/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 1/15/14
AYES: Hill, Corbett, Fuller, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Environmental Quality Act: exemption:
residential infill projects
SOURCE : Author
DIGEST : This bill revises the residential infill exemption by
increasing the amount of allowable neighborhood-serving goods,
services, or retail uses from 15% of the total project floor
area to 25% of the total building square footage.
ANALYSIS : Existing law under the California Environmental
Quality Act (CEQA), requires lead agencies with the principal
responsibility for carrying out or approving a proposed
discretionary project to prepare a negative declaration,
mitigated negative declaration, or environmental impact report
(EIR) for this action, unless the project is exempt from CEQA.
A residential project on an infill site is exempted from CEQA
under specified conditions. "Residential" is defined to be
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either:
1.Residential units only; or
2.Residential units and primarily neighborhood-serving goods,
services, or retail uses that do not exceed 15% of the total
project floor area.
This bill revises the residential infill exemption by increasing
the amount of allowable neighborhood-serving goods, services, or
retail uses from 15% of the total project floor area to 25% of
the total building square footage.
Background
CEQA provides a process for evaluating the environmental effects
of a project, and includes statutory exemptions as well as
categorical exemptions in the CEQA guidelines. If a project is
not exempt from CEQA, an initial study is prepared to determine
whether a project may have a significant effect on the
environment. If the initial study shows that there would not be
a significant effect on the environment, the lead agency must
prepare a negative declaration. If the initial study shows that
the project may have a significant effect on the environment,
then the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed project,
identify and analyze each significant environmental impact
expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to the
proposed project. Prior to approving any project that has
received an environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure must be
discussed but in less detail than the significant effects of the
proposed project.
Revising infill provisions . SB 1925 (Sher, Chapter 1039,
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Statutes of 2002), consolidated provisions relating to housing,
established a residential infill exemption, revised affordable
housing exemptions, and revised certain definitions, terms and
conditions.
The SB 1925 residential infill exemption applies if certain
conditions are met (e.g., project site is not more than four
acres, project does not contain more than 100 residential units,
project promotes higher density development). Under this
exemption, "residential" is either: a) residential units only;
or b) residential units and primarily neighborhood-serving
goods, services, or retail uses that do not exceed 15% of the
total project floor area.
SB 375 (Steinberg, Chapter 728, Statutes of 2008), contains
provisions in CEQA for certain projects that are consistent with
a sustainable communities strategy or alternative planning
strategy, including a provision where a residential or mixed-use
project consists of at least 75% of the total building square
footage for residential use. By increasing the SB 1925
residential infill exemption percentage from 15% to 25% for the
allowable non-residential uses, this bill makes this provision
more consistent with the percentage specified under SB 375.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 1/21/14)
American Planning Association, California Chapter
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California State Association of Counties
Urban Counties Caucus
ARGUMENTS IN SUPPORT : According to the author, "Over the last
decade, smart growth planning principles have continued to
encourage the integration of residents' day-to-day needs within
close proximity of those same residences. This type of design
encourages lower vehicle miles traveled (VMT) due to local
residents' ability to access these services by walking or biking
instead of traveling by car. Lowering VMT improves air quality,
reduces greenhouse gas emissions, lessens the need for new roads
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and extends the life of existing roads. One method pursued by
many local jurisdictions to implement these VMT-reducing
policies in an urbanized setting is to encourage building design
that incorporates ground-floor neighborhood-servicing uses on
the bottom floor, with residential housing on the floors above.
This means that for projects using this design, the current 15%
limit for neighborhood-serving uses confines the use of this
exemption to only those projects that are at least seven stories
tall. This is much taller than many jurisdictions allow, even
though the project would otherwise meet all other infill
and environmental review requirements. An increase to 25% of
the total building square footage would allow for a four-story
project of this type to meet the exemption requirements."
RM:nl 1/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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