California 2023 2023-2024 Regular Session

California Assembly Bill AB2712 Amended / Bill

Filed 04/18/2024

                    Amended IN  Assembly  April 18, 2024 Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2712Introduced by Assembly Member FriedmanFebruary 14, 2024An act to add Section 65863.2.1 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 2712, as amended, 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 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, 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 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 However, the bill would also authorize a local authority to issue permits to residents, vendors, and visitors residents or vendors 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. issuing the permit does not cause overcrowding in the preferential parking area for existing residents. 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.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.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 1. 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, and65863.2.1. (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 less 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 subdivisions (c) and (d), 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)(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.(c)For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.

 Amended IN  Assembly  April 18, 2024 Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2712Introduced by Assembly Member FriedmanFebruary 14, 2024An act to add Section 65863.2.1 to the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 2712, as amended, 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 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, 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 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 However, the bill would also authorize a local authority to issue permits to residents, vendors, and visitors residents or vendors 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. issuing the permit does not cause overcrowding in the preferential parking area for existing residents. 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.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  April 18, 2024 Amended IN  Assembly  March 21, 2024

Amended IN  Assembly  April 18, 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 add Section 65863.2.1 to the Government Code, relating to land use. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2712, as amended, 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 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, 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 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 However, the bill would also authorize a local authority to issue permits to residents, vendors, and visitors residents or vendors 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. issuing the permit does not cause overcrowding in the preferential parking area for existing residents. 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.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.

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 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 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 However, the bill would also authorize a local authority to issue permits to residents, vendors, and visitors residents or vendors 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. issuing the permit does not cause overcrowding in the preferential parking area for existing residents. 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.

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.



## 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 1. 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, and65863.2.1. (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 less 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 subdivisions (c) and (d), 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)(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.(c)For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.

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

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



(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 1. 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, and65863.2.1. (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 less 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 subdivisions (c) and (d), 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)(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.(c)For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.

SEC. 2.SECTION 1. Section 65863.2.1 is added to the Government Code, to read:

### SEC. 2.SECTION 1.

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, and65863.2.1. (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 less 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 subdivisions (c) and (d), 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)(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.(c)For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.



(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



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 less 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 subdivisions (c) and (d), 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)(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.(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) 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 less 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 subdivisions (c) and (d), 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)(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.(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) 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 less units.(2) Local authority has the same meaning as defined in Section 385 of the Vehicle Code.

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 less 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 subdivisions (c) and (d), 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)



(c) Notwithstanding subdivision (a), (b) a local authority may issue a permit or permits to residents, vendors, or visitors residents or vendors of a development project, as specified in subdivision (a), project 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. issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.

(d) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents of developments projects that 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.

(c)For purposes of this section, local authority has the same meaning as defined in Section 385 of the Vehicle Code.