SENATE BILL No. 1067
Introduced by Senator Portantino
February 15, 2022
An act to add Section 65863.14 to the Government Code, relating to land use.
legislative counsel’s digest
SB 1067, as introduced, Portantino. Housing development projects:
automobile 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 housing element. Existing law also authorizes the le gislative body of a city or a county to adopt ordinances establishing requirements for parking.
This bill would prohibit a city with a population greater than 200,000 from imposing an y minimum automobile parking requirement on a housing development project that is located within 1⁄2 mile of public transit, as defined, and that either (1) dedicates 75% of the total units to low- and very low income households, the elderly, or persons with disabilities or (2) the de veloper demonstrates to the local agenc y that the development would not have a negative impact on the local agency’s ability to meet specified housing needs and would not have a negative impact on traffic circulation or e xisting residential or commercial parking within 1⁄2 mile of the project. 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.
99 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 65863.14 is added to the Government line 2 Code, immediately following Section 65863.13, to read:
line 3 65863.14. (a) A city with a population greater than 200,000 line 4 shall not impose or enforce an y minimum automobile parking line 5 requirement on a housing de velopment project that meets all of line 6 the following requirements:
line 7 (1) The development is located within one-half mile of public line 8 transit.
line 9 (2) The development satisfies either of the following:
line 10 (A) The development dedicates a minimum of 75 percent of the line 11 total number of housing units to lo w- and v ery lo w income line 12 households, the elderly, or persons with disabilities. line 13 (B) The developer demonstrates to the city that the development line 14 would not have a negative impact on any of the following:
line 15 (i) The city’s ability to meet its share of the re gional housing line 16 need in accordance with Section 65584 for lo w- and v ery low line 17 income households.
line 18 (ii) The city’s ability to meet any special housing needs for the line 19 elderly or persons with disabilities identified in the analysis line 20 required pursuant to paragraph (7) of subdi vision (a) of Section line 21 65583.
line 22 (iii) Traffic circulation or e xisting residential or commercial line 23 parking within one-half mile of the housing development project. line 24 (b) For purposes of this section:
line 25 (1) “Housing de velopment project” means a housing line 26 development project as defined in paragraph (2) of subdivision (h) line 27 of Section 65589.5.
line 28 (2) “Low- and very low income households” means the same line 29 as “lower income households” as defined in Section 50079.5 of line 30 the Health and Safety Code.
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line 1 (3) “Public transit” means a major transit stop as defined in line 2 Section 21064.3 of the Public Resources Code, except that it also line 3 includes a major transit stop that is included in an applicable line 4 regional transportation plan.
line 5 SEC. 2. The Legislature finds and declares that Section 1 of line 6 this act adding Section 65863.14 to the Government Code address line 7 a matter of statewide concern rather than a municipal affair as that line 8 term is used in Section 5 of Article XI of the California line 9 Constitution. Therefore, Section 1 of this act applies to all cities, line 10 including charter cities.
line 11 SEC. 3. No reimbursement is required by this act pursuant to line 12 Section 6 of Article XIIIB of the California Constitution because line 13 a local agency or school district has the authority to le vy service line 14 charges, fees, or assessments sufficient to pay for the program or line 15 level of service mandated by this act, within the meaning of Section line 16 17556 of the Government Code.
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