17.16.4 Off-street parking and loading spaces required.
A. Off-street parking and loading spaces shall be provided in accord with Schedule 17.16.4A entitled "Off-Street Parking and Loading Spaces Required." For off-street loading, references are to Schedule 17.16.4B, which sets space requirements and standards for different groups of use classifications and sizes of buildings.
References to spaces per square foot are to be computed on the basis of gross floor area unless otherwise specified, and shall include allocations of shared restroom, halls and lobby area, and mechanical equipment or maintenance areas, but shall exclude area for vertical circulation, stairs or elevators.
B. Where the use is undetermined, or not specified herein, the Zoning Administrator shall determine the probable use and the number of parking and loading spaces required. The Zoning Administrator's determination will generally be based on the analysis of an independent consultant. In order to make this determination, the Zoning Administrator may require the submission of survey or other data from the applicant or have data collected at the applicant's expense.
Schedule 17.16.4A
Off-street Parking and Loading Spaces Required
Use Classifications Schedule A Off-Street
Parking Spaces
Off-Street Loading Spaces
per Group Classification on
Schedule B
Residential
Congregate Care 0.5 per sleeping room, or as
specified by use permit
Day Care, Limited One per six children;
maximum enrollment based
on maximum occupancy load
Group Residential One per sleeping room plus
one per 100 sq. ft. used for
assembly purposes or for
common sleeping areas
Multifamily Residential:
Studio One covered/unit
One Bedroom 1.5 covered/unit
2+ Bedrooms Two covered/unit
Guest Parking 0.25/unit
Single-family Dwelling and
Manufactured Home on
Individual Lot
Four: two enclosed/two
unenclosed
Accessory Dwelling Unit See Section 17.3.4
Residential Care One per three licensed beds
Multifamily Senior Housing
Facility:
Senior occupied unit 0.5 covered per unit
On-site manager's unit 1 covered per unit
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Packet Pg. 425 Attachment: Schedlue 17.16.4 of OMC re Off Street Parking (3212 : policy discussion regarding reduction of parking variance in lieu fee) Created: 2022-12-30 09:14:46 [EST]
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Guest 1 space per 10 units
Commercial
Adult Businesses As specified by use permit A
Animal Services One per 400 sq. ft. A
Commercial Recreation:
Electronic Game Centers One per 400 sq. ft.
Theaters One per four fixed seats, or
one per 35 sq. ft. seating
area if there are no fixed
seats.
B
Restaurants One per three seats
Restaurants, Take-out One per 150 sq. ft. A
Bar/Tavern One per 50 sq. ft. of seating
area
A
Bar with Live
Entertainment/Dancing
One per 50 sq. ft. of seating
area; plus one per 50 sq. ft.
of dance floor
A
Home Improvement Sales
and Service
One per 500 sq. ft. plus one
per 1,000 sq. ft. of outdoor
sales and storage area
Laboratory, Limited One per 500 sq. ft. A
Maintenance and Repair
Services
One per 400 sq. ft. A
Nursery One per 1,000 sq. ft. lot area
for first 10,000 sq. ft.; one
per 5,000 sq. ft. thereafter,
plus one per 250 sq. ft. sales
floor area
Offices, Business and
Professional, including
Medical and Dental
One per 250 sq. ft. B
Personal Services (Barber,
Beauty Shop)
Two spaces per chair
Retail Sales, General One per 250 sq. ft. A
Bank and Savings and Loan One per 200 sq. ft., plus
three spaces for each walkup teller window and ATM
B
With Drive-Through Service Queue space for five cars per teller
Vehicles Sales and Service:
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Automobile Repair, Limited One per 200, but not less
than five
Auto Rentals One per 400 sq. ft.; plus two
vehicle drop-off spaces
A
Auto Washing One per 200 sq. ft. of sales,
office, or waiting area; plus
on-site queue for three cars
Service Stations One per 2,500 sq. ft. of lot
area; plus one per 500 sq. ft.
of service bay and storage
area (Pump spaces are not
counted)
Vehicle Equipment Sales
and Service
One per 1,000 sq. ft. of lot
area
Visitor Accommodations One per guest room; plus
one per 50 sq. ft. banquet
seating area plus parking for
other uses and facilities as
required by this schedule
A
Public and Semi-Public
Cemetery As specified by permit
Club and Lodge One per 50 sq. ft. used for
assembly purposes
C
College, Public or Private One per three classroom
seats, or as specified by use
permit
Congregate Care Per use permit
Convalescent Hospital As specified by use permit A
Cultural Institution One per 300 sq. ft. C
Day Care, General Three plus on per ten
children
C
Government Office One per 200 sq. ft. C
Hospitals One per two licensed beds A
Park and Recreation Facilities As specified by use permit Public Safety Facility As specified by use permit A
Religious Assembly One per 50 sq. ft. seating
area
Schools, public and private As specified by use permit
Utilities, Major As specified by use permit
Vocational Schools As specified by use permit
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Packet Pg. 427 Attachment: Schedlue 17.16.4 of OMC re Off Street Parking (3212 : policy discussion regarding reduction of parking variance in lieu fee) Created: 2022-12-30 09:14:46 [EST]
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Schedule 17.16.4B
Off-Street Loading Spaces
Number of Spaces Required
Gross Floor Area (sq.
ft.)
10•× 20•×10• *VC 12•×35•×16• *VC 12•×50•×16• *VC
Use Classification Group A
3,001 to 15,000 - 1 -
15,001 to 50,000 - 1 1
50,001 and over - 2 1
Use Classification Group B
0 to 10,000 1 - -
10,000 to 20,000 1 1 -
20,001 and over 1 2 -
Use Classification Group C
0 to 30,000 - 1 -
30,001 to 100,000 - 1 1
100,001 and over - 2 1
* VC = Vertical Clearance
C. Variances from parking requirements must comply with section 17.33.2. (Ord. 02-03 § 18; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-11, § 4, 12-21-10; Ord. No. 14-04 , § 2(exh. A), 5-20-14; Ord. No. 17-03 ; § 2(Att. A), 8-1-17; Ord. No. 20-01 , § 2(Att. A), 1-21-20) H.2.b
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Packet Pg. 429 Attachment: Half Mile Radius Map from Orinda BART Station (3212 : policy discussion regarding reduction of parking variance in lieu fee) FORM GEN. 160 (Rev. 6-80)
CITY OF LOS ANGELES
INTER-DEPARTMENTAL CORRESPONDENCE
DATE: December 29, 2022
TO: Interested Parties
Department of City Planning Staff
FROM: Vincent P. Bertoni, AICP
Director of Planning
Department of City Planning
SUBJECT: IMPLEMENTATION OF AB 2097 (2022)
On September 22, 2022, the Governor signed Assembly Bill (AB) 2097, which added Government Code Section (§) 65863.2. AB 2097 prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or other development project that is within one-half mile of a Major Transit Stop, with minor exceptions detailed below. A development project, for purposes of this bill, includes any project requiring a discretionary entitlement or building permit to allow the construction, reconstruction, alteration, addition, or change of use of a structure or land.
This memo will serve as guidance for staff and project applicants on the implementation of AB 2097 for discretionary and ministerial projects until the time this memo is superseded. Staff and interested parties are encouraged to refer to state law in Government Code §65863.2 for additional information as this memo is not exhaustive.
AB 2097 Eligibility and Restrictions
AB 2097 prohibits a public agency from imposing minimum automobile parking requirements on most types of development near a major transit stop. AB 2097 specifies that the parking reductions in this bill do not apply to a hotel, motel, bed and breakfast inn or other transient lodging except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. Furthermore, the parking reductions do not apply to employee parking for an event center, or publicly accessible commercial parking, that is not obligated to specific use, in a contractual agreement with a public agency executed before January 1, 2023.
In addition, a public agency has the option to impose minimum parking requirements if it can make written findings within 30 days of receipt of a completed application (e.g., an application for an entitlement was filed and fees were paid to the Department of City Planning) for a development project. These findings may not be made against the following housing development projects that:
• Include a minimum of 20 percent of the total dwelling units for very low, low, or moderate-income households, students, the elderly, or persons with disabilities. • Contain fewer than 20 dwelling units.
• Are subject to parking reductions of any other applicable law (by satisfying the applicable eligibility requirements)
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Packet Pg. 430 Attachment: Memo and Fact Sheet re AB 2097 Implementation in Los Angeles and Santa Barbara (3212 : policy discussion regarding reduction Implementation of AB 2097
December 29, 2022
2 Government Code §65863.2(b) provides that any public agency findings to impose parking minimums must be supported by a preponderance of evidence in the record, showing that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, on any of the following:
1. The City’s ability to meet its share of the Regional Housing Needs Assessment (RHNA) for low and very low-income households.
2. The City’s ability to meet any special housing needs for the elderly or persons with disabilities, as identified in the City’s Housing Element.
3. Existing residential or commercial parking within one-half mile of the housing development project.
AB 2097 Implementation
As part of the implementation of AB 2097, the Department of City Planning will be collecting data during the first year of implementation of the statute and will be evaluating whether invoking either of the two housing-related findings is appropriate after such time. This will include tracking the number of projects utilizing the parking relief, the scale of the parking relief provided, the number of affordable and senior/disabled units proposed, as well as the utilization of affordable housing incentive programs. This data is critical to determine the impacts of the legislation on affordable and special needs housing production as well as to gather the data needed to determine whether or not the City sees evidence and a future rationale to invoke the exception findings related to housing production for the City’s share of RHNA numbers or special needs housing. The utilization of these findings will be based on the information collected by the City and be based on the development trends shown by this data and other City collected housing production data.
In regards to the general finding that a project may create substantial negative impacts on “existing residential or commercial parking within one-half mile of the housing development project,” members of the public and other interested parties may submit evidence to the record within 25 days of the project being accepted by the Department (the earlier the better) by emailing [email protected], with the subject line including “Evidence” followed by the project case number, or if not available, the street address of the project. Evidence submitted by the general public will only be considered for discretionary development projects processed by the Department of City Planning and will be considered alongside other citywide policy priorities around equity, housing, mobility and sustainability, as well as opportunities for other mitigation strategies and the state legislative intent. The intent of the bill, as described in § 65863.2(i) states:
(i) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.
Consistent with the preponderance of evidence standard under Government Code Section 65863.2(b), a parking study must be provided by the public or other interested party as part of the evidence of a substantially negative parking impact for a given project. The parking impact evidence must conform to industry standards utilized by LADOT for review of a parking study or analysis. To provide a complete picture of overall usage and whether a consistent parking impact is present, the analysis should include the total amount of parking supply within the study area using the following parameters:
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Packet Pg. 431 Attachment: Memo and Fact Sheet re AB 2097 Implementation in Los Angeles and Santa Barbara (3212 : policy discussion regarding reduction Implementation of AB 2097
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3 • Parking Study Area
o Minimum radius of 1,000 feet or two city blocks, whichever is greater, around the project o The study area should be enlarged proportionally to the size of the project • Parking Inventory
o Counts of both on-street and off-street parking spaces o Counts of both public and restricted parking spaces
• Parking Duration
o Monitor occupancy at three 4-hour intervals between 8am and 8pm on both weekends and weekdays
o Record both occupancy duration and turnover of parking spaces during intervals • Parking Analysis
o Areas with more than 85% utilization throughout the day should be highlighted o Mitigation measures should be recommended
Parking studies should be reviewed and stamped by a licensed traffic engineer, though they are not required to be completed by one. LADOT will determine whether evidence for parking impacts exists, in collaboration with the Department of City Planning. Substantial negative impacts will be weighed alongside potentially positive impacts on a variety of citywide policy priorities, as well as individual circumstances. Any findings under section 65863.2(b) must be made in writing within 30 days of a completed application and supported by a preponderance of evidence in the record.
In line with state and local objectives, such as reduced Vehicle Miles Traveled (VMT) and Green Houses Gases (GHG) policy goals as well as housing equity goals, projects located in the following areas will be accorded substantial consideration against imposing or enforcing parking minimum standards on these projects:
1. Projects located within one-half mile of a fixed rail or bus rapid transit (BRT) line
2. Projects located in high and highest resource areas in the Tax Credit Allocation Committee (TCAC) Opportunity Maps
Electric Vehicle (EV) or American with Disabilities (ADA) Parking Government Code Section 65863.2(f) does not reduce, eliminate or preclude enforcement of any otherwise applicable requirements regarding the provision of electric vehicle (EV) supply equipment installed parking spaces or to provide parking spaces that are accessible to persons with disabilities. The EV space requirements are stated in the LAMC section beginning with Section 99.04.106.4.2 and the accessibility details are in LABC Section 11B-208, and apply to multi-family residential and nonresidential projects. Both code sections base their requirements on the number of parking spaces otherwise “provided” by the development project. Therefore, if any parking spaces are voluntarily provided, the EV and ADA parking standards required by the LAMC will be applied.
Additional Standards for Provided Vehicle Parking
When a project provides parking voluntarily, the City may impose certain other applicable requirements, including that the voluntary parking require spaces for car share vehicles, require spaces to be shared with the public (e.g., not limited to a specific use or business), or require parking owners to charge for parking. A public agency may not require that voluntarily provided parking is provided to residents free of charge.
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Packet Pg. 432 Attachment: Memo and Fact Sheet re AB 2097 Implementation in Los Angeles and Santa Barbara (3212 : policy discussion regarding reduction Implementation of AB 2097
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4 Commercial Parking Subject to Existing Contractual Agreements AB 2097’s ban on imposing or enforcing parking minimums does not apply to any commercial parking requirements that are subject to an existing contractual agreement of the public agency that was executed before January 1, 2023, so long as the required commercial parking is shared with all members of the public.
Event Centers
Government Code section 65863.2(d) provides that an event center shall provide parking for employees and other workers, as provided by local ordinance. The LAMC has no separate parking requirements for employees or other workers for event centers and as such, such parking for employees and other workers cannot be imposed. AB 2097 does not define “event center” nor does the LAMC. California Health and Safety Code Section 40717.8 defines the term to mean “a community center, activity center, auditorium, convention center, stadium, coliseum, arena, sports facility, racetrack, pavilion, amphitheater, theme park, amusement park, fairgrounds, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of sporting events, athletic contests, contests of skill, exhibitions, conventions, meetings, spectacles, concerts, or shows, or for providing public amusement or entertainment.” The City will use this definition as a guide until it creates its own.
Application
On January 1, 2023, the AB 2097 provisions became effective and available to any qualified project, provided it meets the criteria in state law. The City’s Zoning and Information Mapping Access System (ZIMAS) identifies parcels within a one-half mile radius of a major transit stop under the Planning and Zoning tab within the table of contents. For projects that intend to utilize AB 2097, the applicant will need to print a date-stamped Parcel Profile Report including the AB 2097: Reduced Parking Area field indicating whether the project is eligible for AB 2097 and should be submitted either at the time of application or after an application has been submitted, but prior to a letter of determination or permit being issued.
If a project already has an approved entitlement, revised plans showing the changes to the project made as a result of reducing automobile parking spaces as well as a ZIMAS date-stamped Parcel Profile Report will need to be provided to the Senior Planner of the Project Planning team that processed the entitlement case. Projects that substantially modify a project beyond the removal of parking spaces may require additional review.
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Packet Pg. 433 Attachment: Memo and Fact Sheet re AB 2097 Implementation in Los Angeles and Santa Barbara (3212 : policy discussion regarding reduction PLANNING DIVISION | FACT SHEET 1
CITY OF SANTA BARBARA
PARKING
EXEMPTIONS
AB-2097
January 2023
NEW PARKING LAWS IN EFFECT JANUARY 2023
In September of 2022, Governor Gavin Newsom signed into law Assembly Bill (AB) 2097. Subject to certain limited exceptions, AB-2097 prohibits public agencies from imposing or enforcing a minimum parking requirement on a residential, commercial, or other development project that is within onehalf mile of defined “public transit”. AB-2097 will apply starting January 1, 2023. The law can be found in CA Government Code Section 65863.2.
WHAT IS THE REASON FOR THE LAW?
AB-2097 is the latest in a series of bills passed by the State legislature to increase housing production. As to the policy reasons, the bill aims to decrease development cost by eliminating a key obstacle for new developments – parking. By reducing the oversupply of automobile parking, there is the expectation that the use of alternative transportation will increase, thereby reducing traffic, greenhouse emissions, and air pollution.
IS PARKING REQUIRED FOR MY PROJECT?
To confirm the locations where this statute applies, you can find the Transit and Land Use StoryMap online at Santa Barbara County Association of Governments (SBCAG) Regional Data Platform. The parking exemptions in AB-2097 will apply to all new ground-up development as well as changes in use of existing buildings that are within the mapped area.
All classifications of land uses (both residential and nonresidential) will benefit from the prohibition of mandatory parking minimums – except that event centers and projects that include a hotel, motel, or other transient lodging (e.g., short term rentals) are excluded by state law.
DEFINITION OF
PUBLIC TRANSIT
It includes a major transit
stop, which is defined as: (i)
an existing rail transit
station, (ii) a ferry terminal
served by either a bus or rail
transit service, or (iii) 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.
Tap here to add a caption
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Packet Pg. 434 Attachment: Memo and Fact Sheet re AB 2097 Implementation in Los Angeles and Santa Barbara (3212 : policy discussion regarding reduction Parking Exemptions AB-2097
PLANNING DIVISION | FACT SHEET 2
IS VOLUNTARILY PARKING ALLOWED?
Yes. AB-2097 does not prohibit off-street parking from being built if that is desirable. Voluntary parking may be provided at a ratio less than what is required by the Zoning Ordinance. Housing projects developed under the Average Unit-Size Density Incentive Program (AUD) in the Central Business District (CBD) are still limited to a maximum of one parking space per unit.
If parking is provided, a certain percentage of parking spaces must be made accessible to persons with disabilities and provided as Electric Vehicle (EV) spaces in accordance with the Building Code. Parking spaces must comply with the City’s Access & Parking Design Standards and any other design or development standards.
WILL THIS APPLY IN THE COASTAL ZONE?
Yes. For the City’s Coastal Zone, AB-2097 affects parcels within a half-mile of the train station, including all of the Funk Zone and the West Beach neighborhoods. This law would not affect the requirement for a Coastal Development Permit (CDP) for a “change in the density or intensity of use”.
CAN THE CITY STILL REQUIRE PARKING?
Yes – but only in very limited situations. AB-2097 gives the City the right to impose parking minimums if there is a “substantially negative impact” to certain projects. AB-2097 does not preclude the City from requiring bicycle parking, which must be provided per the Zoning Ordinance. In addition, onsite loading areas may be required if there is a safety or circulation concern.
HOW WILL THIS IMPACT STREET PARKING?
The potential impacts of this new legislation on traffic and parking have yet to be understood. Parking demand in the mapped area is anticipated to be lower than the rest of the City because existing services and employment are already in walking, biking, and transit proximity. Residents should be aware that new development will not qualify for the Residential Permit Parking Program.
WHO DO I CONTACT WITH QUESTIONS?
The staff at the City’s Permit Counters are available to answer general questions through virtual and in-person appointments, as well as through phone or email. Please visit: SantaBarbaraCA.gov/PermitCounters Elements of Spanish Revival Style
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