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As a way of removing some of the restrictions and obstacles that have slowed housing developments throughout the state, Gov. Gavin Newsom signed two budget-related bills, AB 130 and SB 131, on June 30.
The bills streamline review processes under the California Environmental Quality Act (CEQA) and exempt from its regulations various types of construction projects, including urban “infill housing”—residential construction on vacant or “underutilized” lots in already developed areas.
Intended for larger metropolitan areas with denser populations as defined by the U.S. census, it remains to be seen what impact this change will make in San Benito County. A local official and housing industry representatives contacted by BenitoLink were split on the potential effect of the legislation.
A news release quotes Newsom as saying, “This isn’t just a budget. This is a budget that builds. It proves what’s possible when we govern with urgency, with clarity, and with a belief in abundance over scarcity.”
AB 130, which passed in the Assembly with a 62-3 vote and 14 abstentions, amends the Public Resources Code to include requirements that CEQA be “feasible, meaning capable of being accomplished in a successful manner within a reasonable timeframe” and “roughly proportional to the impacts of the project.”
It also codifies a CEQA exemption for infill housing development on lots under 20 acres, with a five-acre limit on “builder’s remedy” projects—development that is allowed when a city or county is not in compliance with the state’s housing element law.
SB 131, which passed with a tighter 55-3 vote and 21 abstentions, details the specific exemptions from CEQA review, which include infill housing development on lots under 20 acres, farmworker housing, food banks and pantries, high-speed rail facilities and community-serving facilities. It would also exempt broadband, clean water and wildfire prevention programs.
There are also various restrictions. Projects cannot be located on “natural and protected lands” or a previously designated hazardous site, and are still subject to tribal consultation within a limited timeframe. Projects can also not demolish a specific class of historic structures. At least two-thirds of the square footage for the project must be residential housing and may not include hotels, motels or bed and breakfast inns.
District 17 Senator John Laird, in a statement to Benitolink, said that his district, which includes areas of Monterey, San Luis Obispo, Santa Cruz and San Benito counties, is fundamentally different from the state’s major urban centers and that “policies should not always treat it as if they are.” Laird also expressed concern that there was no assurance that projects would be required to have the necessary infrastructure in place to support this growth.
“It is too early to tell if this legislation will deliver its promises on producing more housing,” he said, “but moving forward, communities must be assured they will have a seat at the table and a meaningful role in shaping the future of where they live.”
The San Benito County Association of Realtors heralded the exemptions in a news release as “a movement in the direction of providing all forms of needed housing in our community and the state.”
“Since the 1970s,” the statement read, “California has not been able to keep pace with the demands of providing housing. These policies assist our profession in doing a better job to meet the growing demands and needs for home ownership and rental housing inventories.”
According to Hollister City Manager David Mirrione, who said he has reviewed the SB 131 legislation, its requirements will be incorporated into his city’s development review process.
However, Mirrione said that it “impacts a small subset of city development projects and only applies to future projects, so it will not impact any current projects in the city and will not likely impact many, if any, future projects.”
William Lee, developer of the 141-unit Lands of Lee project, said that he believes the change will not affect the county at all.
“This is going to be more of a Bay Area, L.A., San Diego, Orange County kind of thing,” he said, because it only impacts urban infill. “There may be some little thing here or there that qualifies, but we are unlikely to have much of anything.”
BenitoLink sought comment from the county’s Director of Planning, Building & Code Enforcement Abraham Prado, and Arielle Goodspeed, a principal planner with the San Benito County Resource Management Agency, but received no immediate response.
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