Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2712Introduced by Assembly Member FriedmanFebruary 14, 2024An act to amend add Section 65863.2 of 65863.2.1 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 2712, as amended, Friedman. Automobile parking requirements: development projects. 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 citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.This bill, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and 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, vendors, or visitors of the development project that grants preferential parking privileges. The bill would also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.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 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. 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 12 mile of public transit, as defined, unless the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.This bill would instead provide a public agency with 60 days from the receipt of a completed application to make those written findings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares that providing parking to residents of transit priority developments in the form of preferential parking privileges is, in fact, providing parking, that encourages car use and undermines the Legislatures intent to discourage car use by incentivizing development near transit. Therefore, this act shall be interpreted in favor of the prohibition of preferential parking privileges for occupants of development projects exempt from parking minimums or subject to parking minimum reductions based on proximity to transit.(b) The Legislature finds that reducing greenhouse gases and dependence on car use 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, this act applies to all cities, including charter cities.SEC. 2. Section 65863.2.1 is added to the Government Code, to read:65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.SECTION 1.Section 65863.2 of the Government Code is amended to read:65863.2.(a)A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.(b)Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 60 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:(1)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.(2)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.(3)Existing residential or commercial parking within one-half mile of the housing development project.(c)For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:(1)The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.(2)The development contains fewer than 20 housing units.(3)The development is subject to parking reductions based on the provisions of any other applicable law.(d)Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers.(e)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 agency means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, 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.(5)Public transit means a major transit stop as defined in Section 21155 of the Public Resources Code.(6)Project does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.(f)This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit 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.(g)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. A public agency may not require that voluntarily provided parking is provided to residents free of charge.(h)(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, 2023, 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, 2023, 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.(i)The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.
Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2712Introduced by Assembly Member FriedmanFebruary 14, 2024An act to amend add Section 65863.2 of 65863.2.1 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 2712, as amended, Friedman. Automobile parking requirements: development projects. 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 citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.This bill, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and 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, vendors, or visitors of the development project that grants preferential parking privileges. The bill would also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.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 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. 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 12 mile of public transit, as defined, unless the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.This bill would instead provide a public agency with 60 days from the receipt of a completed application to make those written findings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 21, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2712
Introduced by Assembly Member FriedmanFebruary 14, 2024
Introduced by Assembly Member Friedman
February 14, 2024
An act to amend add Section 65863.2 of 65863.2.1 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2712, as amended, Friedman. Automobile parking requirements: development projects. 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 citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.This bill, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and 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, vendors, or visitors of the development project that grants preferential parking privileges. The bill would also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.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 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. 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 12 mile of public transit, as defined, unless the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.This bill would instead provide a public agency with 60 days from the receipt of a completed application to make those written findings.
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 citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.
This bill, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and 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, vendors, or visitors of the development project that grants preferential parking privileges. The bill would also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.
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 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. 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 12 mile of public transit, as defined, unless the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the citys, countys, or city and countys ability to meet its share of the regional housing need for low- and very low income households.
This bill would instead provide a public agency with 60 days from the receipt of a completed application to make those written findings.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares that providing parking to residents of transit priority developments in the form of preferential parking privileges is, in fact, providing parking, that encourages car use and undermines the Legislatures intent to discourage car use by incentivizing development near transit. Therefore, this act shall be interpreted in favor of the prohibition of preferential parking privileges for occupants of development projects exempt from parking minimums or subject to parking minimum reductions based on proximity to transit.(b) The Legislature finds that reducing greenhouse gases and dependence on car use 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, this act applies to all cities, including charter cities.SEC. 2. Section 65863.2.1 is added to the Government Code, to read:65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.SECTION 1.Section 65863.2 of the Government Code is amended to read:65863.2.(a)A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.(b)Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 60 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:(1)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.(2)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.(3)Existing residential or commercial parking within one-half mile of the housing development project.(c)For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:(1)The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.(2)The development contains fewer than 20 housing units.(3)The development is subject to parking reductions based on the provisions of any other applicable law.(d)Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers.(e)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 agency means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, 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.(5)Public transit means a major transit stop as defined in Section 21155 of the Public Resources Code.(6)Project does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.(f)This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit 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.(g)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. A public agency may not require that voluntarily provided parking is provided to residents free of charge.(h)(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, 2023, 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, 2023, 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.(i)The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares that providing parking to residents of transit priority developments in the form of preferential parking privileges is, in fact, providing parking, that encourages car use and undermines the Legislatures intent to discourage car use by incentivizing development near transit. Therefore, this act shall be interpreted in favor of the prohibition of preferential parking privileges for occupants of development projects exempt from parking minimums or subject to parking minimum reductions based on proximity to transit.(b) The Legislature finds that reducing greenhouse gases and dependence on car use 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, this act applies to all cities, including charter cities.
SECTION 1. (a) The Legislature finds and declares that providing parking to residents of transit priority developments in the form of preferential parking privileges is, in fact, providing parking, that encourages car use and undermines the Legislatures intent to discourage car use by incentivizing development near transit. Therefore, this act shall be interpreted in favor of the prohibition of preferential parking privileges for occupants of development projects exempt from parking minimums or subject to parking minimum reductions based on proximity to transit.(b) The Legislature finds that reducing greenhouse gases and dependence on car use 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, this act applies to all cities, including charter cities.
SECTION 1. (a) The Legislature finds and declares that providing parking to residents of transit priority developments in the form of preferential parking privileges is, in fact, providing parking, that encourages car use and undermines the Legislatures intent to discourage car use by incentivizing development near transit. Therefore, this act shall be interpreted in favor of the prohibition of preferential parking privileges for occupants of development projects exempt from parking minimums or subject to parking minimum reductions based on proximity to transit.
### SECTION 1.
(b) The Legislature finds that reducing greenhouse gases and dependence on car use 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, this act applies to all cities, including charter cities.
SEC. 2. Section 65863.2.1 is added to the Government Code, to read:65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.
SEC. 2. Section 65863.2.1 is added to the Government Code, to read:
### SEC. 2.
65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.
65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.
65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.
65863.2.1. (a) If a residential, commercial, or other development project is exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, and is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, 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, vendors, or visitors of the development project that grants preferential parking privileges.
(b) Notwithstanding subdivision (a), a local authority may issue a permit or permits to residents, vendors, or visitors of a development project, as specified in subdivision (a), that is within the boundaries of a preferential parking area if the local authority makes written findings, within 60 days of the receipt of a completed application, that including the development project within the boundaries of the preferential parking area would not have a substantially negative impact, supported by a preponderance of the evidence in the record, on the preferential parking area.
(c) For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.
(a)A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.
(b)Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 60 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(1)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.
(2)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.
(3)Existing residential or commercial parking within one-half mile of the housing development project.
(c)For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
(1)The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
(2)The development contains fewer than 20 housing units.
(3)The development is subject to parking reductions based on the provisions of any other applicable law.
(d)Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers.
(e)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 agency means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, 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.
(5)Public transit means a major transit stop as defined in Section 21155 of the Public Resources Code.
(6)Project does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(f)This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit 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.
(g)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. A public agency may not require that voluntarily provided parking is provided to residents free of charge.
(h)(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, 2023, 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, 2023, 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.
(i)The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.