Bill Text: CA SB1067 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing development projects: automobile parking requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1067 Detail]
Download: California-2021-SB1067-Amended.html
SEC. 2.
Bill Title: Housing development projects: automobile parking requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1067 Detail]
Download: California-2021-SB1067-Amended.html
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Amended
IN
Senate
April 04, 2022 |
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Amended
IN
Senate
March 21, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1067
| Introduced by Senator Portantino |
February 15, 2022 |
An act to add Section 65863.14 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1067, as amended, Portantino.
Housing development projects: automobile parking requirements.
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 housing element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking.
This bill would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project that is located within 1/2 mile of public transit, as defined, and that either (1) dedicates 25% of the total units to very low, low-, and moderate-income households, students, the elderly, or persons with
disabilities or (2) the developer demonstrates that the development would not have a negative impact on the city’s, county’s, or city and county’s ability to meet specified housing needs and would not have a negative impact on existing residential or commercial parking within 1/2 mile of the project. project, unless the city, county, or city and county makes specified findings. By changing the duties of local planning officials, this 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 and counties,
cities, including charter cities and counties. 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65863.14 is added to the Government Code, immediately following Section 65863.13, to read:65863.14.
(a) A city, county, or city and county shall not impose or enforce any minimum automobile parking requirement on a housing development project that meets all of the following requirements:(1) The development is located within one-half mile of public transit.
(2) The development satisfies either of the following:
(A) The development dedicates a minimum of 25 percent of the total number of housing units to very low, low-, and moderate-income households, students, the elderly, or persons with disabilities.
(B) The(i) Except as provided in clause (ii), the developer demonstrates to the city, county, or city and county that the development would not have a negative impact on any of the following:
(i)
(I) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low
income households.
(ii)
(II) The city’s, county’s, or city and county’s 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.
(iii)
(III) Existing residential
or commercial parking within one-half mile of the housing development project.
(ii) Clause (i) shall not apply to a proposed housing development project if, within 30 days of receipt of a demonstration provided by the developer of that project pursuant to clause (i), a city, county, or city and county makes a finding, supported by a preponderance of the evidence, that the demonstration meets one or more of the following conditions:
(I) The developer did not employ a qualified entity with demonstrated expertise preparing planning documents.
(II) The methodology did not follow best professional practices.
(III) The methodology was not sufficiently rigorous
to allow an assessment of whether the project would have a negative impact on any of the conditions identified in clause (i).
(b) 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 transit” means a major transit stop as defined in Section 21064.3 of the Public Resources Code, except that it also includes a major transit stop that is included in an applicable regional transportation plan.
The Legislature finds and declares that Section 1 of this act adding Section 65863.14 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities and counties, including charter cities and counties.
