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AB-3153 Parking and zoning: bicycle and car-share parking credits.(2019-2020)

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Date Published: 05/14/2020 09:00 PM
AB3153:v98#DOCUMENT

Amended  IN  Assembly  May 14, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3153


Introduced by Assembly Member Robert Rivas

February 21, 2020


An act to add Chapter 4.3.5 (commencing with Section 65918.5) to Division 1 of Title 7 of the Government Code, relating to planning and zoning.


LEGISLATIVE COUNSEL'S DIGEST


AB 3153, as amended, Robert Rivas. Parking and zoning: bicycle and car-share parking credits.
Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city or county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements. Existing law provides for the calculation of the amount of density bonus for each type of housing development that qualifies under these provisions.
Existing law also permits variances to be granted from the parking requirments of a zoning ordinance under certain circumstances.
This bill would require a local jurisdiction, agency, as defined, notwithstanding any local ordinance, general plan element, specific plan, charter, or other local law, policy, resolution, or regulation, to provide, if requested, an eligible applicant of a residential development with a parking credit that exempts the project from minimum parking requirements to allow an applicant for a housing development project to reduce the number of motor vehicle parking spaces that they would otherwise be required to provide based on the number of nonrequired long-term bicycle parking spaces or and car-sharing spaces provided subject to certain conditions, limitations, as specified. The bill would provide that a parking reduction allowed pursuant to these provisions does not reduce or increase the number of incentives or concessions to which the applicant is otherwise entitled under a specified provision of the Density Bonus Law.
The bill would include findings that this act addresses a matter of statewide concern and shall apply equally to all cities and counties in this state, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

The Legislature finds and declares that this act addresses a matter of statewide concern and shall apply equally to all cities and counties in this state, including charter cities.

SEC. 2.SECTION 1.

 Chapter 4.3.5 (commencing with Section 65918.5) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER  4.3.5. Bicycle and Car-share Parking Credit Credits

65918.5.
 For purposes of this chapter, the following definitions apply:

(a)“Development proponent” means an applicant who submits an application for a parking credit pursuant to this chapter.

(b)Eligible applicant” means a development proponent who receives a parking credit.

(c)

(a) “Local jurisdiction” agency” means a city, including a charter city, a county, or a city and county.

(d)“Residential development” means a project with at least two-thirds of the square footage of the development designated for residential use.

(b) “Housing development project” means a housing development project, as defined by Section 65589.5, that is required to include more than 20 motor vehicle parking spaces.
(c) “Long-term bicycle parking spaces” includes the following if they are conveniently accessible by the residents of the development:
(1) Covered, lockable enclosures with permanently anchored racks for bicycles.
(2) Lockable bicycle rooms with permanently anchored racks.
(3) Lockable, permanently anchored bicycle lockers.
(4) Any long-term bicycle parking facility, as that term is defined by the California Building Standards Commission.
(d) “Major transit stop” as used in this section has the same meaning as the term is defined in Section 21064.3 of the Public Resources Code.
(e) “Permanent car-sharing parking space” means an off-street motor vehicle parking space that the developer has guaranteed will be in service for no less than five years after the certificate of occupancy is issued for the housing development project.

65918.6.

Notwithstanding any local ordinance, general plan element, specific plan, charter, or other local law, policy, resolution, or regulation, a local jurisdiction shall, if requested, provide an eligible applicant of a residential development with a parking credit that shall exempt the project from minimum parking requirements as follows:

(a)For every two nonrequired bicycle parking spaces that meet the long-term bicycle parking standards, the motor vehicle parking requirement shall be reduced by one space, up to a maximum of 30 percent of the required parking spaces.

(b)For every car-sharing parking space that is provided, the motor vehicle parking requirement shall be reduced by two spaces, up to a maximum of 30 percent of the required parking spaces. For purposes of this subdivision, both of the following conditions apply:

(1)The car-sharing parking spaces shall be shown on the building plans.

(2)A copy of the car-sharing agreement between the property owner and the car-sharing company shall be submitted with the building permit.

65918.6.
 (a) A local agency shall allow an applicant for a housing development project that provides long-term bicycle parking spaces to reduce the number of motor vehicle parking spaces they would otherwise be required to provide by at least one, but not more than two, motor vehicle parking spaces for every four long-term bicycle parking spaces provided at the development, except as provided in subdivision (c).
(b) A local agency shall allow an applicant for a housing development project to reduce the number of motor vehicle parking spaces they would otherwise be required to provide by two motor vehicle parking spaces for every permanent car-sharing parking space provided at the development, except as provided in subdivision (c).
(c) (1) The percent of the total number of required motor vehicle spaces that a local agency is required to allow an applicant for a housing development project to reduce pursuant to subdivisions (a) and (b) shall not exceed the following:
(A) Fifteen percent for a housing development project that does not qualify for a density bonus under Section 65915 and is located with one-half mile of a major transit stop.
(B) Fifteen percent for a housing development project that qualifies for a density bonus under Section 65915 and is not located with one-half mile of a major transit stop.
(C) Thirty percent for a housing development project that qualifies for a density bonus under Section 65915 and is located within one-half mile of a major transit stop.
(2) This subdivision does not prohibit a local agency from allowing an applicant for a housing development project to reduce the total number of required motor vehicle parking spaces pursuant to subdivisions (a) and (b) by more than the percentage specified in paragraph (1).
(d) A parking reduction allowed pursuant to this section does not reduce or increase the number of incentives or concessions to which the applicant is otherwise entitled pursuant to subdivision (d) of Section 65915.
(e) (1) This section does not prohibit a local agency from adopting standards that require a housing development project to provide additional long-term bicycle parking spaces or car-share parking spaces.
(2) A local agency that requires a housing development project to provide a minimum number of bicycle parking spaces may determine the number, if any, of long-term parking spaces it requires that the housing development project may count toward the reduction in the number of motor vehicle parking spaces that the housing development project is allowed pursuant to subdivision (a).

65918.7.
 The Legislature finds and declares that this chapter addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.

SEC. 3.SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.