California 2021-2022 Regular Session Status: Passed Assembly 2 D cosponsors

AB 1401 — Residential and commercial development: remodeling, renovations, and additions: parking requirements.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 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 in a county with a population of 600,000 or more 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 within12 mile, as specified, of public transit, as defined. The bill would prohibit a public agency in a city with of 75,000 or more located in a county with a population of less than 600,000 from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the project is located within 14 mile, as specified, of public transit, as defined. The bill would create authorizations in this regard for a city or a county to which these prohibitions do not apply. The bill, when a project provides parking voluntarily, would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities, as specified. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2022, as specified. This bill would prohibit a public agency from imposing any new minimum parking requirement on a project to remodel, renovate, or add to a single-family residence, provided that any addition to the single-family residence does not cause the single-family residence to exceed any floor-to-area ratio restriction imposed by the public agency. By changing the duties of local planning officials, this bill would impose a state-mandated local program. 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. 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

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 8). Re-referred to Com. on APPR.

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

  5. From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (July 1).

  6. 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.

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

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

  9. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 17. Page 1718.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 11. Noes 4.) (May 19).

  12. Received by the Desk April 30 pursuant to Joint Rule 61(a)(2).

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 29). Re-referred to Com. on APPR.

  14. Re-referred to Com. on H. & C.D.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 6. Noes 1.) (April 14).

  17. Re-referred to Com. on L. GOV.

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

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

  20. Read first time.

  21. From printer. May be heard in committee March 22.

  22. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 12 voted No

Sponsors (1)

  • Friedman

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Bates — Yea
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3001
Unaffiliated 3100
Republican 0100
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Skinner — Yea
Wieckowski — Yea
Eggman — Yea
Bates — Nay
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

AB 1401 Friedman Assembly Third Reading

Passed 51 Yea · 17 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 27608
Democratic 21502
Republican 3601
Total 5117011
% of votes cast 65%22%0%14%
How each member voted (79)
Member Party Vote
Voepel — Yea
Bloom — Yea
Friedman — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Chau — Yea
Levine — Nay
O'Donnell — Nay
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Wood — Yea
Ting — Yea
Low — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Nay
Waldron — Nay
Mathis — Nay
Bigelow — Nay
Santiago — Not Voting
Maienschein — Not Voting
Cooley — Not Voting
Mayes — Not Voting
Nazarian — Not Voting
Cooper — Not Voting
Frazier — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Nay
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5201
Democratic 6000
Republican 0200
Total 11401
% of votes cast 69%25%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Quirk — Yea
Chau — Yea
Levine — Nay
Bigelow — Nay
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Housing and Community Development]

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 3100
Republican 0001
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Bloom — Yea
Voepel — Yea
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Boerner, Tasha Democratic Nay
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

public-safety housing transportation
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Frequently asked questions

What does AB 1401 do?
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 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 in a county with a population of 600,000 or more 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 within12 mile, as specified, of public transit, as defined. The bill would prohibit a public agency in a city with of 75,000 or more located in a county with a population of less than 600,000 from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the project is located within 14 mile, as specified, of public transit, as defined. The bill would create authorizations in this regard for a city or a county to which these prohibitions do not apply. The bill, when a project provides parking voluntarily, would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities, as specified. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2022, as specified. This bill would prohibit a public agency from imposing any new minimum parking requirement on a project to remodel, renovate, or add to a single-family residence, provided that any addition to the single-family residence does not cause the single-family residence to exceed any floor-to-area ratio restriction imposed by the public agency. By changing the duties of local planning officials, this bill would impose a state-mandated local program. 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. 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.
Who sponsors AB 1401?
AB 1401 is sponsored by Lee, Alex (Democratic), Friedman, Skinner, and Wiener, Scott D. (Democratic).
What is the current status of AB 1401?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1401?
Track AB 1401 free on One Click Politics — get push/email alerts when it moves.

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