AB 2097 — Residential, commercial, or other development types: parking requirements.

Summary

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. This bill would prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 12 mile of public transit, as defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the public agency's ability to meet its share of specified housing needs or existing residential or commercial parking within 12 mile of the housing development. The bill would create an exception from the above-described provision if the housing development project (1) dedicates a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities, (2) contains fewer than 20 housing units, or (3) is subject to parking reductions based on any other applicable law. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a housing development project that is located within 12 mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. By changing the duties of local planning officials, this bill would impose a state-mandated local program. Existing law also requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. Existing law authorizes the Attorney General to bring suit for a violation of those provisions. This bill would add a violation of the minimum automobile parking requirements of residential, commercial, or other development projects, as described above, to the list of laws that, when violated, require the department to notify the jurisdiction and authorize the Attorney General to bring an action to enforce state law. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2011 and AB 2653 to be operative only if this bill and AB 2011 or AB 2653, or all 3 bills, are enacted and this bill is enacted last. The California Constitution requires the state to reimburse 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.

Bill Text

• Chaptered 09/22/22 - Chaptered Current pdf September 22, 2022
• Enrolled 09/01/22 - Enrolled pdf September 01, 2022
• Amended 08/24/22 - Amended Senate pdf August 24, 2022
• Amended 08/16/22 - Amended Senate pdf August 16, 2022
• Amended 06/23/22 - Amended Senate pdf June 23, 2022
• Amended 06/09/22 - Amended Senate pdf June 09, 2022
• Amended 05/19/22 - Amended Assembly pdf May 19, 2022
• Introduced 02/14/22 - Introduced pdf February 14, 2022
• AB2097 View text html

Action History

1. September 22, 2022

   Chaptered by Secretary of State - Chapter 459, Statutes of 2022.

2. September 22, 2022

   Approved by the Governor.

3. September 12, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 30, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 17.).

5. August 29, 2022

   In Assembly. Concurrence in Senate amendments pending.

6. August 29, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 9. Page 5199.).

7. August 25, 2022

   Read second time. Ordered to third reading.

8. August 24, 2022

   Read third time and amended. Ordered to second reading.

9. August 16, 2022

   Read second time and amended. Ordered to third reading.

10. August 15, 2022

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

11. August 08, 2022

    In committee: Referred to suspense file.

12. July 27, 2022

    In committee: Hearing postponed by committee.

13. June 23, 2022

    Read second time and amended. Re-referred to Com. on APPR.

14. June 22, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 21).

15. June 15, 2022

    From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (June 15). Re-referred to Com. on HOUSING.

16. June 09, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

17. June 08, 2022

    Referred to Coms. on GOV. & F. and HOUSING.

18. May 27, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 26, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 20.)

20. May 19, 2022

    Read third time and amended. Ordered to third reading. (Page 4738.)

21. May 12, 2022

    Read second time. Ordered to third reading.

22. May 11, 2022

    From committee: Do pass. (Ayes 13. Noes 3.) (May 11).

23. April 28, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 27). Re-referred to Com. on APPR.

24. April 28, 2022

    Coauthors revised.

25. April 20, 2022

    From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (April 20). Re-referred to Com. on H. & C.D.

26. February 24, 2022

    Referred to Coms. on L. GOV. and H. & C.D.

27. February 15, 2022

    From printer. May be heard in committee March 17.

28. February 14, 2022

    Read first time. To print.

Sponsors

• Friedman · Primary
• Portantino · Cosponsor
• Alex Lee · Cosponsor
• Christopher M. Ward · Cosponsor
• Skinner · Cosponsor
• Scott D. Wiener · Cosponsor
• Matt Haney · Cosponsor

Votes

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