Today's Law As Amended


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AB-1401 Residential and commercial development: remodeling, renovations, and additions: parking requirements.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 65863.2 is added to the Government Code, to read:

65863.2.
 (a) (1) In a county with a population of 600,000 or more, a public agency shall not impose a minimum automobile parking requirement, or enforce a minimum automobile parking requirement, on residential, commercial, or other development if the parcel is located within one-half mile of public transit. A development shall be considered to be within one-half mile of a major transit stop if all parcels within the development have no more than 25 percent of their area farther than one-half mile from the stop and if not more than 10 percent of the residential units or 100 units, whichever is less, in the development are farther than one-half mile from the stop.
(2) In a county with a population of less than 600,000:
(A) In a city with a population of 75,000 or more, a public agency shall not impose a minimum automobile parking requirement, or enforce a minimum automobile parking requirement, on residential, commercial, or other development if the project is located within one-quarter mile of public transit. A development shall be considered to be within one-quarter mile of a major transit stop if all parcels within the development have no more than 25 percent of their area farther than one-quarter mile from the stop and if not more than 10 percent of the residential units or 100 units, whichever is less, in the development are farther than one-quarter mile from the stop.
(B) A city with a population of less than 75,000, or a county with a population of less than 600,000, may adopt an ordinance or resolution that applies the prohibitions of subparagraph (A) of paragraph (2) or paragraph (1) within its boundaries. This authority is in addition to any other authority provided by law for a city or county to reduce automobile parking requirements within its jurisdiction.
(b) When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or require parking owners to charge for parking.
(c) Subdivision (a) shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.
(d) (1) Subdivision (a) shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2022, provided that all of the required commercial parking is shared with the public. This subdivision shall apply to an existing contractual agreement that is amended after January 1, 2022, provided that the amendments do not increase commercial parking requirements.
(2) A project may voluntarily build additional parking that is not shared with the public.
(e) For purposes of this section:
(1) “Public agency” means the state or any state agency, board, or commission, any city, county, city and county, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision.
(2) “Public transit” means a major transit stop as defined in Section 21064.3 of the Public Resources Code, except that it also includes a major transit stop that is included in an applicable regional transportation plan.
(f) The Legislature finds and declares that reducing the negative environmental and social effects associated with required parking minimums; the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state; and the need to support infill development, are matters of statewide concern and are not municipal affairs as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 2.

 Section 65863.3 is added to the Government Code, to read:

65863.3.
 (a) A public agency shall not impose 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.
(b) The Legislature finds and declares that reducing the negative environmental and social effects associated with required parking minimums; the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state; and the need to support infill development, are matters of statewide concern and are not municipal affairs as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.