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AB-2712 Preferential parking privileges: transit-oriented development.(2023-2024)



Current Version: 09/22/24 - Chaptered

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AB2712:v92#DOCUMENT

Assembly Bill No. 2712
CHAPTER 415

An act to add Section 65863.2.1 to the Government Code, relating to land use.

[ Approved by Governor  September 22, 2024. Filed with Secretary of State  September 22, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2712, Friedman. Preferential parking privileges: transit-oriented development.
Existing law authorizes a local authority, by ordinance or resolution, to prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways during all or certain hours of the day. Existing law authorizes the ordinance or resolution to include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued permits that exempt them from the prohibition or restriction of the ordinance or resolution.
Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit, as defined, unless the public agency makes written findings that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the city’s, county’s, or city and county’s ability to meet its share of the regional housing need for low- and very low income households.
This bill would, for purposes of its provisions, define “development project” to mean a residential, commercial, or other development project exempt from minimum automobile parking requirements, or subject to parking minimum reductions based on any other applicable law, located within the boundaries of the City of Los Angeles. This bill, for a development project that is located within a preferential parking area, would require the development project to be excluded from the boundaries of the preferential parking area and would prohibit the local authority, as defined, from issuing any permit to the residents or visitors of the development project that grants preferential parking privileges. The bill would also provide that none of the above-described provisions prohibit local authorities from issuing permits to residents of developments projects that occupy deed-restricted units intended for specified households.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65863.2.1 is added to the Government Code, to read:

65863.2.1.
 (a) For purposes of this section:
(1) “Development project” means a residential, commercial, or other development project exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, located within the boundaries of the City of Los Angeles. “Development project” shall not mean a residential project with 20 or fewer units.
(2) “Local authority” has the same meaning as defined in Section 385 of the Vehicle Code.
(b) If a development project is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, except as provided in subdivision (c), both of the following shall apply:
(1) The development project shall be excluded from the boundaries of the preferential parking area.
(2) The local authority shall not issue any permit to the residents or visitors of the development project that grants preferential parking privileges.
(c) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents who occupy deed-restricted units intended for households that are very low income households as defined in Section 50105 of the Health and Safety Code, extremely low income households as defined in Section 50106 of the Health and Safety Code, or lower income households as defined in Section 50079.5 of the Health and Safety Code, within development projects.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the many preferential parking areas established under Section 22507 of the Vehicle Code in the City of Los Angeles.