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HomeMy WebLinkAboutMINUTES - 04052011 - C.29RECOMMENDATION(S): ADOPT a position to OPPOSE, unless amended, Assembly Bill 710 (Skinner), "Local Planning: Infill and Transit-Oriented Development" and AUTHORIZE the Board Chair to send a letter to our legislative delegation. FISCAL IMPACT: None. BACKGROUND: On February 17, 2011 California State Assemblymember Nancy Skinner introduced AB 710, "Local Planning: Infill and Transit-Oriented Development." This bill was developed in order to more proactively implement laws that require regional transportation planning agencies to include sustainable communities strategies in their regional transportation plans. Among other things, the bill proposes parking standards that would “prohibit a city or county from requiring more than one (1) parking space per residential unit and more than one (1) parking space per 1,000 square feet of commercial or other nonresidential space for a residential or mixed-use residential project located in a 'transit intensive area,' as defined, or subject to an adopted APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/05/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYES 5 NOES ____ ABSENT ____ ABSTAIN ____ RECUSE ____ Contact: Goetz, Steven L. - 925-335-1240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 5, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.29 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:April 5, 2011 Contra Costa County Subject:ASSEMBLY BILL (AB) 710, SKINNER BACKGROUND: (CONT'D) downtown area plan, an adopted neighborhood plan, or an adopted redevelopment project area. “ “Transit intensive area” is defined in California Code §65200(b) as a central business district, an area within one-half mile of a major transit stop, as defined in subdivision (b) of §21155 of the Public Resources Code, and an area within one-quarter mile of a high-quality transit corridor, as defined in subdivision (b) of §21155 of the Public Resources Code. “Major transit stop” is defined in §21064.3 of the Public Resource Code as a site containing an existing transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. “High-quality transit corridor” is defined in §21155(b)(3) of the Public Resource Code as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. Department of Conservation and Development (DCD) staff has been analyzing the bill and have noted some concerns with the proposed legislation. The bill could potentially affect at least two areas within the unincorporated County: the Contra Costa Centre Area and the Pittsburg/Bay Point BART Station Area. The current parking standards for these areas are as follows: Contra Costa Centre Area Residential: Minimum 0.75 parking spaces per sleeping space, or 1.0 space per unit, whichever is greater. Maximum 1.5 spaces per dwelling unit. Commercial/Office: Minimum 0.5 parking spaces per 1,000 square feet. Maximum 3.3 parking spaces per 1,000 square feet. Pittsburg/Bay Point BART Station Area Residential: 1.3 to 1.5 off-street parking spaces per dwelling unit are required. Any project requesting to deviate from the set range shall require approval by the County Zoning Administrator (Residential Mixed Use). Commercial/Office: Minimum 2.0 off-street parking spaces per 1,000 square feet. Maximum 3.3 spaces per 1,000 square feet for office uses and 4.5 spaces per 1,000 square feet for retail uses. Any project requesting to deviate from the set range shall require approval by the City of Pittsburg and a report substantiating the request. The Contra Costa Centre Specific Plan and Pittsburg/Bay Point Specific Plan provide range and flexibility and are able to suit the individual and unique needs of their respective project areas. The Contra Costa Centre Specific Plan has been successful in what is one of the most transit intensive areas in the County. A hard maximum on parking requirements for transit-oriented development areas could jeopardize the economic viability of these areas, making them less attractive to developers and lenders. County staff does agree with the concept of AB 710, but does not agree that imposing a broad-brush stroke requirement is an effective method in achieving the goals of AB 32 and SB 375. County staff would recommend that alternatives to this proposed legislation be explored. For example, incentives could be provided to those cities or counties who enforce more aggressive parking standards. The Metropolitan Transportation Commission (MTC) has already produced a document on parking best practices and strategies intended to support transit-oriented development entitled, “Reforming Parking Policies to Support Smart Growth (2007).” Tools like this and more education on the benefits/trade-offs of parking reform should be considered. Transit-oriented developments have unique characteristics and diverse needs. MTC’s publication does not propose applying a uniform minimum parking ratio to all transit intensive areas. Applying AB 710’s parking standards to all adopted redevelopment project areas would also affect the North Richmond, Montalvin Manor and Rodeo project areas which are not well-served by transit. Richmond, Montalvin Manor and Rodeo project areas which are not well-served by transit. Staff has contacted the California State Association of Counties (CSAC) in order to find out if any other counties have offered comment on the subject bill. CSAC staff indicated that they have not yet received any comments. The Assembly Committee on Housing and Community Development has scheduled this bill for its April 6, 2011 hearing. AB 710, if enacted, would establish parking maximums for all transit-oriented development projects, or projects located in “transit intensive areas.” While County staff agrees that strict parking requirements, in principal, are necessary for transit-rich areas and areas with high transit-oriented development investments, the discretion for establishing said requirements should remain with the local jurisdiction. This legislation would eliminate the County’s autonomy in establishing parking standards we deem appropriate for our transit-oriented development project areas. It is important to note that the bill also includes a change in the duties of the Strategic Growth Council, which is a State entity that advises the Governor, Legislature and other State agencies on sustainable development policies. AB 710 would modify these duties to specifically include developingg incentives for infill development. County staff supports this change as it is consistent with the Board’s legislative platform to streamline the environmental review process for infill development projects in the unincorporated area.