Bill Text: CA AB931 | 2011-2012 | Regular Session | Amended
Bill Title: Environment: CEQA exemption: housing projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-09-08 - From committee: Be re-referred to Com. on E.Q. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on E.Q. In committee: Set first hearing. Failed passage. Reconsideration granted. [AB931 Detail]
Download: California-2011-AB931-Amended.html
BILL NUMBER: AB 931 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 7, 2011
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE JULY 12, 2011
AMENDED IN ASSEMBLY APRIL 15, 2011
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 18, 2011
An act to amend Section 21159.24 of, to add Section 21155.5 to,
and to add and repeal Section 21155.4 of, the Public Resources Code,
relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 931, as amended, Dickinson. Environment: CEQA exemption:
housing projects.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
CEQA exempts infill housing projects meeting specified criteria,
including, among other things, that a community-level environmental
review was adopted or certified within 5 years of the date that the
application for the project is deemed complete and the project
promotes higher density infill housing. CEQA conclusively presumes
that a project with a density of at least 20 units per acre promotes
higher density infill housing. For the purposes of this exemption,
CEQA defines "residential projects" to mean, among other things, a
use consisting of residential units and primarily
neighborhood-serving goods, services, or retail uses that do not
exceed 15% of the total floor area of the project.
This bill would instead exempt a project that may be used for
neighborhood-serving goods, services, or retail uses to a level that
does not exceed 25% of the total building square footage of the
project.
(2) Because this bill would require a lead agency to determine
whether a housing project meets the above criteria to qualify for an
exemption from CEQA, the bill would impose a state-mandated local
program.
(3) CEQA authorizes the use of a sustainable communities
environmental assessment or modified environmental impact report for
the purposes of CEQA for a transit priority project meeting specified
requirements.
This bill would authorize, until the adoption by a metropolitan
planning organization of a sustainable communities strategy, the use
of a sustainable communities environmental assessment or modified
environmental impact report for a transit proximity project or
an employment priority project meeting specified conditions.
The bill would repeal this provision on January 1, 2015. The bill
would authorize the use of a sustainable environmental assessment or
modified environmental impact report for employment proximity
projects meeting specified conditions.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 2008, the Legislature passed and the Governor signed Senate
Bill 375, which was chaptered as Chapter 726 of the Statutes of
2008, requiring metropolitan planning organizations to adopt a
sustainable community strategy that will comprehensively integrate
land use planning, transportation investments, and climate policy.
Part of Chapter 726 of the Statutes of 2008 includes incentives under
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) to encourage
development patterns that would help implement the sustainable
communities strategy.
(b) Metropolitan planning organizations will begin adopting these
strategies in 2011, but adoption will not be complete until 2013.
(c) One of the incentives created under Chapter 726 of the
Statutes of 2008 is the sustainable communities environmental
assessment that provides a more expeditious review under the
California Environmental Quality Act for residential and mixed-use
residential projects that have a proximity to transit.
(d) Because of the severe recession that continues to impact
California and because of the need to promote jobs in the
construction industry, it is important to make the sustainable
communities assessment available as early as possible in order to
promote the construction of projects that will foster the use of
transit.
(e) For urban infill residential projects meeting certain
requirements, the California Environmental Quality Act also exempts
those projects from some of its requirements. The limited exemption
was enacted by Chapter 715 of the Statutes of 2006. Chapter 726 of
the Statutes of 2008 amended the California Environmental Quality Act
by adding Section 25115.1 to the Public Resources Code to exempt
transit priority projects, which may include those urban infill
residential projects, from its requirements. These two exemptions are
inconsistent with each other. To promote the policies of Chapter 726
of the Statutes of 2008, it is important to sunset the limited
exemption provided under Chapter 715 of the Statutes of 2006 after a
sustainable communities strategy has been adopted by all of the
metropolitan planning organizations so that Section 21155.1 of the
Public Resources Code is the exclusive exemption under the California
Environmental Quality Act of urban infill projects.
SEC. 2. Section 21155.4 is added to the Public Resources Code, to
read:
21155.4. (a) A transit proximity project or an employment
priority project as defined in subdivision (b) of Sectio 21155.5
that (1) includes a major transit stop as part of the project
or (2) that is located within one-quarter
one-half mile of an existing major transit stop or an existing
high-quality transit corridor may be reviewed under the procedures
set forth in subdivision (b) or (c) of Section 21155.2 if the project
has incorporated all mitigation measures or best practices
recommended to be included with the project for protection
of public health by the local air district, air pollution control
district, or air quality management district. Mitigation
measures or best practices adopted by a local air district, air
pollution control district, or air quality management district shall
include, but are not limited to, the following:
(1) The best available technology for high efficiency particle air
filtration.
(2) Optimization of air intake locations to minimize indoor air
pollution.
(3) Consideration of tree landscaping and the setback of
residential buildings away from pollution sources.
(b) For purposes of this section, a transit proximity project is
one that satisfies paragraphs (1) and (2) of subdivision (b) of
Section 21155 and is located within an urbanized area.
(c) For the purpose purposes of this
section, the following definitions apply:
(1) "High-quality transit corridor" has the same meaning as set
forth in subdivision (b) of Section 21155.
(2) "Major transit stop" has the same meaning as set forth in
Section 21064.3.
(1) "Floor area ratio" (FAR) means the ratio of gross building
area (GBA) of development, exclusive of structured parking areas,
proposed for the project divided by the total net lot area (NLA).
(2) "Gross building area" means the sum of all finished areas of
all floors of a building included within the outside faces of its
exterior walls.
(3) "High-quality transit corridor" has the same meaning as set
forth in subdivision (b) of Section 21155.
(4) "Lot" means all parcels utilized by the project.
(5) "Major transit stop" has the same meaning as set forth in
Section 21064.3.
(6) "Net lot area" means the area of a lot excluding publicly
dedicated land, private streets that meet local standards, and other
public use areas as determined by the local land use authority.
(d) This section shall apply only to projects located within a
metropolitan planning organization and shall cease to apply to
projects upon the adoption by that metropolitan planning organization
of a sustainable communities strategy pursuant to Section 65080 of
the Government Code.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. Section 21155.5 is added to the Public Resources Code, to
read:
21155.5. (a) An employment priority project may be reviewed under
the procedures set forth in subdivision (b) or (c) of Section
21155.2 if the project has incorporated all feasible mitigation
measures or best practices recommended for the protection of public
health by the local air district, air pollution control district, or
air quality management district.
(b) For the purposes of this section, an employment priority
project is a project located on property zoned for commercial uses
with a floor area ratio no less than 0.75 and that is located within
one-half mile of a major transit stop or high-quality transit
corridor included in a regional transportation plan.
(c) For the purposes of this section, the following definitions
apply:
(1) "Floor area ratio" (FAR) means the ratio of gross building
area (GBA) of development, exclusive of structured parking areas,
proposed for the project divided by the total net lot area (NLA).
(2) "Gross building area" means the sum of all finished areas of
all floors of a building included within the outside faces of its
exterior walls.
(3) "High-quality transit corridor" has the same meaning as set
forth in subdivision (b) of Section 21155.
(4) "Lot" means all parcels utilized by the project.
(5) "Major transit stop" has the same meaning as set forth in
Section 21064.3.
(6) "Net lot area" means the area of a lot excluding publicly
dedicated land, private streets that meet local standards, and other
public use areas as determined by the local land use authority.
(d) This section shall only apply to projects located within a
metropolitan planning organization and designated as an employment
priority in an approved sustainable community strategy or alternative
planing strategy.
SEC. 4. Section 21159.24 of the Public Resources Code is amended
to read:
21159.24. (a) Except as provided in subdivision (b), this
division does not apply to a project if all of the following criteria
are met:
(1) The project is a residential project on an infill site.
(2) The project is located within an urbanized area.
(3) The project satisfies the criteria of Section 21159.21.
(4) Within five years of the date that the application for the
project is deemed complete pursuant to Section 65943 of the
Government Code, community-level environmental review was certified
or adopted.
(5) The site of the project is not more than four acres in total
area.
(6) The project does not contain more than 100 residential units.
(7) Either of the following criteria are met:
(A) (i) At least 10 percent of the housing is sold to families of
moderate income, or not less than 10 percent of the housing is rented
to families of low income, or not less than 5 percent of the housing
is rented to families of very low income.
(ii) The project developer provides sufficient legal commitments
to the appropriate local agency to ensure the continued availability
and use of the housing units for very low, low-, and moderate-income
households at monthly housing costs determined pursuant to paragraph
(3) of subdivision (h) of Section 65589.5 of the Government Code.
(B) The project developer has paid or will pay in-lieu fees
pursuant to a local ordinance in an amount sufficient to result in
the development of an equivalent number of units that would otherwise
be required pursuant to subparagraph (A).
(8) The project is within one-half mile of a major transit stop.
(9) The project does not include any single level building that
exceeds 100,000 square feet.
(10) The project promotes higher density infill housing. A project
with a density of at least 20 units per acre shall be conclusively
presumed to promote higher density infill housing. A project with a
density of at least 10 units per acre and a density greater than the
average density of the residential properties within 1,500 feet shall
be presumed to promote higher density housing unless the
preponderance of the evidence demonstrates otherwise.
(b) Notwithstanding subdivision (a), this division shall apply to
a development project that meets the criteria described in
subdivision (a), if any of the following occur:
(1) There is a reasonable possibility that the project will have a
project-specific, significant effect on the environment due to
unusual circumstances.
(2) Substantial changes with respect to the circumstances under
which the project is being undertaken that are related to the project
have occurred since community-level environmental review was
certified or adopted.
(3) New information becomes available regarding the circumstances
under which the project is being undertaken and that is related to
the project, that was not known, and could not have been known, at
the time that community-level environmental review was certified or
adopted.
(c) If a project satisfies the criteria described in subdivision
(a), but is not exempt from this division as a result of satisfying
the criteria described in subdivision (b), the analysis of the
environmental effects of the project in the environmental impact
report or the negative declaration shall be limited to an analysis of
the project-specific effect of the projects and any effects
identified pursuant to paragraph (2) or (3) of subdivision (b).
(d) For the purposes of this section, "residential" means a use
consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods,
services, or retail uses that do not exceed 25 percent of the total
building square footage of the project.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
