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



Current Version: 07/05/21 - Amended Senate

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AB1401:v95#DOCUMENT

Amended  IN  Senate  July 05, 2021
Amended  IN  Senate  June 21, 2021
Amended  IN  Assembly  April 19, 2021
Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1401

Introduced by Assembly Member Friedman
(Coauthor: Assembly Member Lee)
(Coauthors: Senators Skinner and Wiener)

February 19, 2021

An act to add Sections 65863.2 and 65863.3 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1401, as amended, Friedman. Residential and commercial development: remodeling, renovations, and additions: parking requirements.
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 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 within one-half mile1/2 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 1/4 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

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

65863.2.
 (a) 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, “public transit” means any of the following: 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.

(1)A high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, except that it also includes a high-quality transit corridor included in an applicable regional transportation plan.

(2) A “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 this section 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 section applies to all cities, including charter cities.

(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 this section 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 section applies to all cities, including charter cities.

(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.