California Assembly Bill 2097
Session 20212022
Residential, commercial, or other development types: parking requirements.
Became Law
Became Law on Sep 22, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
2097
State
California
Session
20212022
Haney
Coauthor
Motion Text
AB 2097 Friedman Concurrence in Senate Amendments
Assembly Roll Call Votes
Other
Other
Yes
Other
Yes
Yes
Yes
Other
Yes
Other
Other
Other
Other
Yes
Haney
Yes
Yes
Other
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Mike Fong
Yes
Yes
Yes
Yes
Other
Yes
Wilson
Yes
Summary
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities.
This bill would prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 12 mile of public transit, as defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if 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, supported by a preponderance of the evidence in the record, on the public agency's ability to meet its share of specified housing needs or existing residential or commercial parking within 12 mile of the housing development. The bill would create an exception from the above-described provision if the housing development project (1) dedicates a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities, (2) contains fewer than 20 housing units, or (3) is subject to parking reductions based on any other applicable law. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a housing development project that is located within 12 mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. By changing the duties of local planning officials, this bill would impose a state-mandated local program.
Existing law also requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. Existing law authorizes the Attorney General to bring suit for a violation of those provisions.
This bill would add a violation of the minimum automobile parking requirements of residential, commercial, or other development projects, as described above, to the list of laws that, when violated, require the department to notify the jurisdiction and authorize the Attorney General to bring an action to enforce state law.
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.
This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2011 and AB 2653 to be operative only if this bill and AB 2011 or AB 2653, or all 3 bills, are enacted and this bill is enacted last.
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.
02/14/22 - Introduced
February 14, 2022
05/19/22 - Amended Assembly
May 19, 2022
06/09/22 - Amended Senate
June 9, 2022
06/23/22 - Amended Senate
June 23, 2022
08/16/22 - Amended Senate
August 16, 2022
08/24/22 - Amended Senate
August 24, 2022
09/01/22 - Enrolled
September 1, 2022
09/22/22 - Chaptered
September 22, 2022
04/18/22- Assembly Local Government
April 18, 2022
04/25/22- Assembly Housing and Community Development
April 25, 2022
05/09/22- Assembly Appropriations
May 9, 2022
05/13/22- ASSEMBLY FLOOR ANALYSIS
May 13, 2022
05/20/22- ASSEMBLY FLOOR ANALYSIS
May 20, 2022
06/13/22- Senate Governance and Finance
June 13, 2022
06/20/22- Senate Housing
June 20, 2022
08/06/22- Senate Appropriations
August 6, 2022
08/13/22- Senate Appropriations
August 13, 2022
08/16/22- Sen. Floor Analyses
August 16, 2022
08/23/22- Sen. Floor Analyses
August 23, 2022
08/26/22- Sen. Floor Analyses
August 26, 2022
08/30/22- ASSEMBLY FLOOR ANALYSIS
August 30, 2022
Sort by most recent
09/22/2022
California State Legislature
Chaptered by Secretary of State - Chapter 459, Statutes of 2022.
09/22/2022
California State Legislature
Approved by the Governor.
09/12/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/30/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 17.).
08/29/2022
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/29/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 9. Page 5199.).
08/25/2022
Senate
Read second time. Ordered to third reading.
08/24/2022
Senate
Read third time and amended. Ordered to second reading.
08/16/2022
Senate
Read second time and amended. Ordered to third reading.
08/15/2022
Senate
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).
08/08/2022
Senate
In committee: Referred to suspense file.
07/27/2022
Senate
In committee: Hearing postponed by committee.
06/23/2022
Senate
Read second time and amended. Re-referred to Com. on APPR.
06/22/2022
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 21).
06/15/2022
Senate
From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (June 15). Re-referred to Com. on HOUSING.
06/09/2022
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
06/08/2022
Senate
Referred to Coms. on GOV. & F. and HOUSING.
05/27/2022
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/26/2022
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 20.)
05/19/2022
Assembly
Read third time and amended. Ordered to third reading. (Page 4738.)
05/12/2022
Assembly
Read second time. Ordered to third reading.
05/11/2022
Assembly
From committee: Do pass. (Ayes 13. Noes 3.) (May 11).
04/28/2022
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 27). Re-referred to Com. on APPR.
04/28/2022
Assembly
Coauthors revised.
04/20/2022
Assembly
From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (April 20). Re-referred to Com. on H. & C.D.
02/24/2022
Assembly
Referred to Coms. on L. GOV. and H. & C.D.
02/15/2022
Assembly
From printer. May be heard in committee March 17.
02/14/2022
Assembly
Read first time. To print.
Sources
Record Created
Feb 15, 2022 12:13:42 PM
Record Updated
Nov 30, 2022 6:25:26 PM