BILL NUMBER: SB 469INTRODUCED BILL TEXT INTRODUCED BY Senator Vargas FEBRUARY 17, 2011 An act to add Section 65964.5 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST SB 469, as introduced, Vargas. Land use: development project review: superstores. The Planning and Zoning Law sets forth various requirements relating to the review of development project permit applications, and the issuance of development permits for, particular, specified classes of development projects. This bill would require an applicant to a local government for a permit to develop a superstore, as defined, to submit to that local government an economic and community impact analysis report, including various, specified assessments, prior to the review of the permit application. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65964.5 is added to the Government Code, to read: 65964.5. (a) It is the intent of the Legislature to do both of the following: (1) Encourage local governments to provide minimum standards applicable to the review and approval of a permit to develop a superstore. (2) Assist local communities in assessing whether the development of a superstore would cause adverse impacts on small businesses, traffic congestion, and air quality by requiring that an applicant to develop a superstore submit an economic and community impact analysis report to the appropriate permitting agency prior to the initiation of the review of the permit for approval. (b) (1) For purposes of this section, "superstore" means either of the following: (A) A single tenant retail establishment that exceeds 90,000 square feet gross floor area. (B) A multiple tenant retail establishment that exceeds 90,000 square feet gross floor area, more than 10 percent of the sales floor area is devoted to the sale of nontaxable merchandise, and the multiple tenants share common check stands, a controlling interest, storage areas, warehouses, or distribution facilities. (2) "Superstore" does not include wholesale clubs or other discount retail establishments that primarily sell bulk merchandise and that charge membership dues or otherwise restrict merchandise sales to customers paying a periodic assessment fee. (c) An applicant to a local government for a permit to develop a superstore shall submit to that local government an economic and community impact analysis report prior to the review of the permit application. The economic and community impact analysis report shall include, but not be limited to, all of the following: (1) An assessment of the extent to which the proposed superstore will capture a share of retail sales in the economic and community impact area. (2) An assessment of how the construction and operation of the proposed superstore will affect the supply and demand for retail space in the economic and community impact area. (3) An assessment of the number of persons employed in existing retail stores in the economic and community impact area, including, but not limited to, an estimate of the number of persons who will likely be employed by the proposed superstore, an analysis of whether the proposed superstore will result in a net increase or decrease in employment in the economic and community impact area, and a projection of the costs of public services and public facilities that will result from the construction and operation of the proposed superstore and a description of how those services and facilities will be financed. (4) An assessment of how the development of the proposed superstore conforms to an applicable general plan and the goals and policies of that general plan. (5) An assessment of the effect that the construction and operation of the proposed superstore will have on average total vehicle miles traveled by retail customers in the same economic and community impact area. (6) An assessment of whether there will be any restrictions on the subsequent use of the proposed superstore project site, including, but not limited to, restrictions hindering or preventing residential and small business uses. (7) An assessment of whether the proposed superstore would require the demolition of housing, or any other action or change that results in a decrease in or negative impact on the creation of extremely low, very low, low-, or moderate-income housing in the jurisdiction. (8) An assessment of whether the proposed superstore would result in the destruction or demolition of park and other open green space, playground, childcare facility, or community center. (9) An assessment of whether the proposed superstore would result in any other adverse or positive impacts to neighborhood and small businesses. (10) An assessment of whether any measures are available that would mitigate any material adverse impact of the proposed superstore.