Bill Text: CA AB1308 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1308

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Planning and Zoning Law: single-family residences: parking requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 756, Statutes of 2023. [AB1308 Detail]

Download: California-2023-AB1308-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1308

Introduced by Assembly Members Quirk-Silva and Friedman

February 16, 2023

An act to add Section 65863.3 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 1308, as introduced, Quirk-Silva. Planning and Zoning Law: single-family residences: parking requirements.

The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.

This bill would prohibit a public agency, as defined, from imposing a new minimum parking requirement on a project to remodel, renovate, or add to a single-family residence, except as specified. By imposing additional duties on local officials, the 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, including charter 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 65863.3 is added to the Government Code, immediately following Section 65863.2, to read:

65863.3.

(a) A public agency shall not impose a new minimum parking requirement on a project to remodel, renovate, or add to a single-family residence provided that the project does not cause the single-family residence to exceed a floor-to-area ratio restriction imposed by the public agency.

(b) For purposes of this section, “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.

(c) 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.

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 65863.3 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 XIII B 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.