Amended IN Senate April 04, 2022 Amended IN Senate March 21, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1067Introduced by Senator PortantinoFebruary 15, 2022 An act to add Section 65863.14 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 1067, as amended, Portantino. Housing development projects: automobile 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 housing element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking.This bill would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project that is located within 1/2 mile of public transit, as defined, and that either (1) dedicates 25% of the total units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities or (2) the developer demonstrates that the development would not have a negative impact on the citys, countys, or city and countys ability to meet specified housing needs and would not have a negative impact on existing residential or commercial parking within 1/2 mile of the project. project, unless the city, county, or city and county makes specified findings. 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 and counties, cities, including charter cities and counties. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65863.14 is added to the Government Code, immediately following Section 65863.13, to read:65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.(2) The development satisfies either of the following:(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:(i)(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.(ii)(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.(iii)(III) Existing residential or commercial parking within one-half mile of the housing development project.(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.(II) The methodology did not follow best professional practices.(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).(b) For purposes of this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (4) 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.SEC. 2.The Legislature finds and declares that Section 1 of this act adding Section 65863.14 to the Government Code 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, Section 1 of this act applies to all cities and counties, including charter cities and counties.SEC. 2. The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65863.14 to the Government Code applies to all cities, including charter cities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
Amended IN Senate April 04, 2022 Amended IN Senate March 21, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1067Introduced by Senator PortantinoFebruary 15, 2022 An act to add Section 65863.14 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 1067, as amended, Portantino. Housing development projects: automobile 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 housing element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking.This bill would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project that is located within 1/2 mile of public transit, as defined, and that either (1) dedicates 25% of the total units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities or (2) the developer demonstrates that the development would not have a negative impact on the citys, countys, or city and countys ability to meet specified housing needs and would not have a negative impact on existing residential or commercial parking within 1/2 mile of the project. project, unless the city, county, or city and county makes specified findings. 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 and counties, cities, including charter cities and counties. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate April 04, 2022 Amended IN Senate March 21, 2022
Amended IN Senate April 04, 2022
Amended IN Senate March 21, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1067
Introduced by Senator PortantinoFebruary 15, 2022
Introduced by Senator Portantino
February 15, 2022
An act to add Section 65863.14 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1067, as amended, Portantino. Housing development projects: automobile 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 housing element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking.This bill would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project that is located within 1/2 mile of public transit, as defined, and that either (1) dedicates 25% of the total units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities or (2) the developer demonstrates that the development would not have a negative impact on the citys, countys, or city and countys ability to meet specified housing needs and would not have a negative impact on existing residential or commercial parking within 1/2 mile of the project. project, unless the city, county, or city and county makes specified findings. 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 and counties, cities, including charter cities and counties. 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.
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 housing element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking.
This bill would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project that is located within 1/2 mile of public transit, as defined, and that either (1) dedicates 25% of the total units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities or (2) the developer demonstrates that the development would not have a negative impact on the citys, countys, or city and countys ability to meet specified housing needs and would not have a negative impact on existing residential or commercial parking within 1/2 mile of the project. project, unless the city, county, or city and county makes specified findings. 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 and counties, cities, including charter cities and counties. 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65863.14 is added to the Government Code, immediately following Section 65863.13, to read:65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.(2) The development satisfies either of the following:(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:(i)(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.(ii)(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.(iii)(III) Existing residential or commercial parking within one-half mile of the housing development project.(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.(II) The methodology did not follow best professional practices.(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).(b) For purposes of this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (4) 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.SEC. 2.The Legislature finds and declares that Section 1 of this act adding Section 65863.14 to the Government Code 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, Section 1 of this act applies to all cities and counties, including charter cities and counties.SEC. 2. The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65863.14 to the Government Code applies to all cities, including charter cities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65863.14 is added to the Government Code, immediately following Section 65863.13, to read:65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.(2) The development satisfies either of the following:(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:(i)(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.(ii)(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.(iii)(III) Existing residential or commercial parking within one-half mile of the housing development project.(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.(II) The methodology did not follow best professional practices.(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).(b) For purposes of this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (4) 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.
SECTION 1. Section 65863.14 is added to the Government Code, immediately following Section 65863.13, to read:
### SECTION 1.
65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.(2) The development satisfies either of the following:(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:(i)(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.(ii)(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.(iii)(III) Existing residential or commercial parking within one-half mile of the housing development project.(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.(II) The methodology did not follow best professional practices.(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).(b) For purposes of this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (4) 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.
65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.(2) The development satisfies either of the following:(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:(i)(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.(ii)(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.(iii)(III) Existing residential or commercial parking within one-half mile of the housing development project.(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.(II) The methodology did not follow best professional practices.(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).(b) For purposes of this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (4) 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.
65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.(2) The development satisfies either of the following:(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:(i)(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.(ii)(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.(iii)(III) Existing residential or commercial parking within one-half mile of the housing development project.(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.(II) The methodology did not follow best professional practices.(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).(b) For purposes of this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (4) 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.
65863.14. (a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:
(1) The development is located within one-half mile of public transit.
(2) The development satisfies either of the following:
(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.
(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:
(i)
(I) The citys, countys, or city and countys ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.
(ii)
(II) The citys, countys, or city and countys ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
(iii)
(III) Existing residential or commercial parking within one-half mile of the housing development project.
(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:
(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.
(II) The methodology did not follow best professional practices.
(III) The methodology was not sufficiently rigorous to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).
(b) For purposes of this section:
(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(2) Low- and very low income households means the same as lower income households as defined in Section 50079.5 of the Health and Safety Code.
(3) Moderate-income households means the same as persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
(4) 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.
The Legislature finds and declares that Section 1 of this act adding Section 65863.14 to the Government Code 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, Section 1 of this act applies to all cities and counties, including charter cities and counties.
SEC. 2. The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65863.14 to the Government Code applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65863.14 to the Government Code applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65863.14 to the Government Code applies to all cities, including charter cities.
### SEC. 2.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
### SEC. 3.