california legislature—2021–22 regular session
ASSEMBLY BILL No. 2097
Introduced by Assembly Member Friedman
(Coauthor: Assembly Member Lee)
(Coauthors: Senators Skinner and Wiener)
February 14, 2022
An act to add Section 65863.2 to the Go vernment Code, relating to land use.
legislative counsel’s digest
AB 2097, as introduced, Friedman. Residential and commercial development: remodeling, reno vations, and additions: parking requirements.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the de velopment of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element and a conservation element. Existing law also permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the v ariance will be an incenti ve to the de velopment and the variance will facilitate access to the development by patrons of public transit facilities.
This bill would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the development is located on a parcel that is within one-half mile of public transit, as defined. When a project provides parking voluntarily, the bill w ould authorize a public agenc y to impose specified requirements on the v oluntary parking. The bill would prohibit these
99 provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a ne w multifamily or nonresidential development to pro vide electric v ehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill w ould e xempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agenc y that was executed before January 1, 2023.
By changing the duties of local planning officials, this bill w ould impose a state-mandated local program.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimb urse 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:
line 1 SECTION 1. Section 65863.2 is added to the Government line 2 Code, to read:
line 3 65863.2. (a) A public agenc y shall not impose a minimum line 4 automobile parking requirement, or enforce a minimum automobile line 5 parking requirement, on residential, commercial, or other line 6 development if the parcel is located within one-half mile of public line 7 transit.
line 8 (b) When a project provides parking voluntarily, a public agency line 9 may impose requirements on that v oluntary parking to require line 10 spaces for car share vehicles, require spaces to be shared with the line 11 public, or require parking owners to charge for parking. line 12 (c) Subdivision (a) shall not reduce, eliminate, or preclude the line 13 enforcement of an y requirement imposed on a ne w multifamily line 14 residential or nonresidential development to provide electric vehicle line 15 supply equipment installed parking spaces or parking spaces that line 16 are accessible to persons with disabilities that would have otherwise line 17 applied to the development if this section did not apply. 99 — 2 — AB 2097
line 1 (d) (1) Subdivision (a) shall not apply to commercial parking line 2 requirements if it conflicts with an existing contractual agreement line 3 of the public agenc y that w as executed before January 1, 2023, line 4 provided that all of the required commercial parking is shared with line 5 the public. This subdivision shall apply to an existing contractual line 6 agreement that is amended after January 1, 2023, pro vided that line 7 the amendments do not increase commercial parking requirements. line 8 (2) A project may v oluntarily build additional parking that is line 9 not shared with the public.
line 10 (e) For purposes of this section, “public transit” means an y of line 11 the following:
line 12 (1) A high-quality transit corridor as defined in subdivision (b) line 13 of Section 21155 of the Public Resources Code, except that it also line 14 includes a high-quality transit corridor included in an applicable line 15 regional transportation plan.
line 16 (2) A major transit stop as defined in Section 21064.3 of the line 17 Public Resources Code, except that it also includes a major transit line 18 stop that is included in an applicable regional transportation plan. line 19 (f) The Legislature finds and declares that this section addresses line 20 a matter of statewide concern rather than a municipal affair as that line 21 term is used in Section 5 of Article XI of the California line 22 Constitution. Therefore, this section applies to all cities, including line 23 charter cities.
line 24 SEC. 2. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 a local agency or school district has the authority to le vy service line 27 charges, fees, or assessments sufficient to pay for the program or line 28 level of service mandated by this act, within the meaning of Section line 29 17556 of the Government Code.
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