Introduction: The Planning and Zoning Law has long been a guiding force for the physical development of cities and counties. It mandates a comprehensive plan for development, including land use and conservation elements. One of the aspects of this law pertains to parking requirements for various development types. AB 2097, introduced by Friedman, seeks to make significant changes to these requirements, especially for developments near public transit.
Key Provisions of AB 2097:
- Elimination of Minimum Parking Requirements Near Public Transit: The bill proposes that public agencies should not impose any minimum automobile parking requirement for residential, commercial, or other development projects located within half a mile of public transit.
- Exceptions to the Rule: While the bill largely prohibits parking requirements near public transit, it does allow for exceptions. A city or county can enforce parking requirements if they can provide evidence that not doing so would negatively impact their ability to meet housing needs or affect existing parking within half a mile of the development. However, there are further exceptions to this:
- If the housing development dedicates at least 20% of its units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
- If the housing development contains fewer than 20 units.
- If the housing development is subject to parking reductions based on other laws.
- Protection for Electric Vehicle and Disability Parking: The bill ensures that developments near public transit still need to provide parking spaces for electric vehicles and those accessible to persons with disabilities.
- Enforcement and Accountability: The Department of Housing and Community Development will notify any city or county in violation of these new parking requirements. Furthermore, the Attorney General has the authority to bring an action against any jurisdiction that violates these provisions.
- Statewide Concern: The bill emphasizes that these changes address statewide concerns and will apply to all cities, including charter cities.
- Reimbursement Provisions: The California Constitution mandates the state to reimburse local agencies for certain state-imposed costs. However, this bill states that no reimbursement is required for reasons specified within the act.
Conclusion:
AB 2097, Friedman, is a significant step towards reimagining urban planning, especially in the context of promoting public transit. By reducing parking requirements near transit hubs, the bill aims to encourage more people to use public transport, thereby reducing traffic congestion and promoting sustainable living. However, it also ensures that the needs of specific groups, like the elderly, low-income households, and persons with disabilities, are taken into account. As cities grow and evolve, such measures can play a crucial role in shaping a more sustainable and inclusive urban landscape.
Sources:
leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2097
https://planning.lacity.org/odocument/ecf69160-4a89-4078-a0b6-15ad6fdfbc33/AB2097_Memo_Oct_2023.pdf
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