BILL ANALYSIS �
SB 674
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 674 (Corbett) - As Amended: January 6, 2014
SENATE VOTE : 33-0
SUBJECT : California Environmental Quality Act: exemption:
residential infill projects.
SUMMARY : Increases the maximum retail use from 15 to 25% in the
definition of "residential" and changes the metric in the
calculation from "floor area" to "building square footage," for
purposes of an existing California Environmental Quality Act
(CEQA) exemption for infill housing projects meeting specified
criteria. Specifically, this bill :
EXISTING LAW :
1)Requires, under CEQA, lead agencies with the principal
responsibility for carrying out or approving a proposed
project to prepare a negative declaration, mitigated negative
declaration, or environmental impact report (EIR) for this
action, unless the project is exempt from CEQA.
2)Includes, under CEQA, various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines.
3)Exempts from CEQA specified residential housing projects which
meet criteria established to ensure the project does not have
a significant effect on the environment, as follows:
a) Affordable agricultural housing projects not more than
45 units within a city, or 20 units within an agricultural
zone, on a site not more than five acres in size;
b) Affordable urban housing projects not more than 100
units on a site not more than five acres in size; and,
c) Urban infill housing projects not more than 100 units on
a site not more than four acres in size which is within
one-half mile of a major transit stop. Among other
criteria, retail uses may not exceed 15% of the total floor
area of these projects.
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4)Establishes abbreviated CEQA review procedures for specified
infill projects, where only specific or more significant
effects on the environment which were not addressed in a prior
planning-level EIR need be addressed. An EIR for such a
project need not consider alternative locations, densities,
and building intensities or growth-inducing impacts. Infill
projects may include residential, retail, commercial, transit
station, school, or public office building projects located
within an urban area.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible costs.
COMMENTS :
1)Background on CEQA . CEQA provides a process for evaluating
the environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
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, 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 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.
SB 1925 (Sher), Chapter 1039, Statutes of 2002, exempts from
CEQA certain residential projects providing affordable urban
or agricultural housing, or located on an infill site within
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an urbanized area, and meeting specified unit and acreage
criteria. The stated intent of the Legislature in enacting
those provisions included "creating a streamlined procedure
for agricultural employee housing, affordable housing, and
urban infill housing projects that do not have an adverse
effect on the environment."
2)Purpose of this bill . This bill modifies the definition of
"residential" for purposes of an existing CEQA exemption for
infill housing projects. First, the bill increases the
maximum retail use from 15 to 25%. Second, the bill changes
the metric in the calculation in that definition from "floor
area" to "building square footage."
This bill is author-sponsored.
3)Author's statement . 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 (GHG) emissions, lessens
the need for new roads 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-serving 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."
4)Arguments in support . Supporters argue that this bill would
make it easier for cities to pursue infill projects, which are
critically important in order to meet SB 375 and other land
use and housing laws mandated by the state.
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5)Arguments in opposition . None on file.
6)Double-referral . This bill was heard by the Natural Resources
Committee on June 16, 2014, where it passed with a 9-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
American Planning Association, California Chapter
Association of California Cities - Orange County
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
City of Brea
California Retailers Association
California State Association of Counties
Urban Counties Caucus
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958