AMENDED IN ASSEMBLY MARCH 30, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1308
Introduced by Assembly Members Quirk-Silva and Friedman February 16, 2023
An act to add Section 65863.3 to the Go vernment Code, relating to land use.
legislative counsel’s digest
AB 1308, as amended, Quirk-Silva. Planning and Zoning La w:
single-family residences: parking requirements.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that re gulate the use of b uildings, structures, and land as between industry , business, residences, open space, and other purposes.
This bill would prohibit a public agency, as defined, from imposing a new increasing the minimum parking requirement on that applies to a single-family r esidence as a condition of appr oval of a project to remodel, reno vate, or add to a single-f amily residence, e xcept as specified. By imposing additional duties on local officials, the bill would 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.
98 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 65863.3 is added to the Government line 2 Code, immediately following Section 65863.2, to read:
line 3 65863.3. (a) A public agency shall not impose a new increase line 4 the minimum parking requirement on that applies to a single-family line 5 residence as a condition of appr oval of a project to remodel, line 6 renovate, or add to a single-f amily residence pro vided that the line 7 project does not cause the single-family residence to exceed a any line 8 maximum size limit imposed by the applicable zoning regulations, line 9 including, but not limited to, height, lot coverage, and floor-to-area line 10 ratio restriction imposed by the public agency. ratio. line 11 (b) For purposes of this section, “public agency” means the state line 12 or any state agency, board or commission, an y city, county, city line 13 and county, including charter cities, or special district, or an y line 14 agency, board, or commission of the city, county, city and county, line 15 special district, joint po wers authority , or other political line 16 subdivision.
line 17 (c) The Legislature finds and declares that the imposition of line 18 mandatory parking minimums can increase the cost of housing, line 19 limit the number of available units, lead to an oversupply of parking line 20 spaces, and increased greenhouse g as emissions. Therefore, this line 21 section shall be interpreted in f avor of the prohibition of the line 22 imposition of mandatory parking minimums as outlined in this line 23 section.
line 24 (d) This section shall not be construed to allow a local agency line 25 to impose parking r estrictions that are more restrictive than the line 26 requirements a local agency is authorized to impose under Section line 27 65852.2, if the single-family r esidence is on the same lot as an line 28 accessory dwelling unit.
line 29 SEC. 2. The Legislature finds and declares that to lo wer the line 30 cost of housing production by reducing unnecessary parking line 31 requirements is a matter of statewide concern and is not a municipal line 32 affair as that term is used in Section 5 of Article XI of the line 33 California Constitution. Therefore, Section 1 of this act adding line 34 Section 65863.3 to the Go vernment Code applies to all cities, line 35 including charter cities.
98 — 2 — AB 1308
line 1 SEC. 3. No reimbursement is required by this act pursuant to line 2 Section 6 of Article XIIIB of the California Constitution because line 3 a local agency or school district has the authority to le vy service line 4 charges, fees, or assessments sufficient to pay for the program or line 5 level of service mandated by this act, within the meaning of Section line 6 17556 of the Government Code.
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98 AB 1308 — 3 —