Bill Text: CA AB894 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Parking requirements: shared parking.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 749, Statutes of 2023. [AB894 Detail]
Download: California-2023-AB894-Amended.html
Bill Title: Parking requirements: shared parking.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 749, Statutes of 2023. [AB894 Detail]
Download: California-2023-AB894-Amended.html
|
Amended
IN
Assembly
April 11, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 894
| Introduced by Assembly Member Friedman |
February 14, 2023 |
An act to add Section 65863.1 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 894, as amended, Friedman.
Parking requirements: shared parking.
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 require a public agency, as defined, to allow existing land uses with underutilized parking, as defined, entities with underutilized parking to share the
their underutilized parking with the public, a private entity, a public agency, public agencies, or other users. entities. The bill would require a public agency to allow shared parking arrangements to be counted toward meeting automobile parking requirements for a new or existing development or use, including underutilized parking spaces,
including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments when the parking spaces meet
specified conditions regarding the distance of between the spaces from the applicable site. entities that will share the parking are met. The bill would require the entities that are sharing parking to enter into a shared parking agreement, as specified. The bill would require a public agency to accept a parking analysis using peer-reviewed methodologies developed by a professional planning association, as specified, when determining the number of shared parking spaces that can be reasonably shared between different uses. The bill would
require a public agency, private landowner, or lessor to examine the feasibility of shared parking arrangements to replace new parking construction or limit the number of new parking spaces that will be constructed when state funds are being used on a proposed new development or before a parking structure or surface parking lot is developed using public funds.
By imposing new requirements on local governments when reviewing and approving new developments, 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.
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 65863.1 is added to the Government Code, to read:65863.1.
(a) For the purposes of this section:(1) “Automobile parking requirements” means any public agency requirement for parking to be provided, including for a new development, a change of use, a new or existing mitigation parking that a public agency requires an entity to provide, including, but not limited to, parking imposed via ordinance, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or a new or existing
development agreement.
(2) “Entity” or “entities” means a proposed or existing residential or nonresidential development.
(2)
(3) “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.
(3)“Shared parking” means parking spaces, lots, or garages that are shared by more than one user, group, or designated land use.
(4) “Underutilized parking” means parking where 20 percent or more of the an entity’s parking spaces are available during the period that the parking would be needed by the entity wishing to make use of the shared parking. is needed by another user, group, entity, or the public.
(b) A public agency shall allow existing land uses with underutilized parking to share the
entities with underutilized parking spaces to share their underutilized parking spaces with the public, a private entity, a public agency, public agencies, or other users. entities.
(c) A public agency shall allow shared parking arrangements
to be counted toward meeting any automobile parking requirement for a new or existing development or use, including underutilized parking spaces, when the parking meets including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions:
(1)The shared parking is on the same or contiguous parcels as the applicable site.
(1) The entities that will share the parking are located on the same, or contiguous, parcels.
(2) The shared parking and the applicable site sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route.
(3) The shared parking and the applicable site sites of the entities that will share the
parking are separated by more than 2,000 feet of travel by the shortest walking route, but there is a plan for shuttles or other accommodations to move between the parking and site.
(d) Entities that are sharing parking as provided in this section shall enter into a shared parking agreement that outlines the terms under which parking will be shared between the entities that are a party to the agreement.
(d)
(e) When
determining the number of shared
parking spaces that can be reasonably shared between different uses, a public agency shall accept a parking analysis using peer-reviewed methodologies developed by a professional planning association, such as the methodology established by the Urban Land Institute, National Parking Association, and the International Council of Shopping Centers.
(f) A public agency shall not require the curing of any preexisting deficit of the number of parking spaces as a condition for approval of the sharing of underutilized parking spaces.
(g) A public agency shall not deny a shared parking arrangement between entities solely on the basis that
it will temporarily reduce or eliminate the number of parking spaces available at the entity sharing underutilized parking.
(e)
(h) For a development project in which a designated historical resource is being converted or adapted, a public agency shall allow the project applicant to meet minimum parking requirements through the use of off-site
offsite shared parking.
(f)A development that uses shared parking to satisfy automobile parking requirements shall provide accessible parking spaces for persons with disabilities subject to all of the following:
(1)Accessible parking spaces for persons with disabilities that are provided off-site shall be provided according to the provisions in Chapter 11A or 11B of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), as applicable.
(2)When the shared parking for a use is located on a different site from that use, parking designated for people with disabilities shall be located within the shortest possible distance of an accessible entrance, via an accessible path.
(i) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if subdivision (c) did not apply.
(g)
(j) A public agency, private landowner, or lessor shall examine the feasibility of shared parking arrangements to replace new parking construction or limit the number of new parking spaces that will be constructed, in either of the following
circumstances:
(1) When state funds are being used on a proposed new development.
(2) Before a parking structure or surface parking lot is developed using public funds.
(k) Nothing in this section shall be interpreted to require that parking be offered without cost or at a reduced cost to the user.
(h)
(l) (1) The
Legislature finds and declares that sharing parking can help preserve land, lower the cost of housing, and allow more compact land use that promotes walking, biking, and public transit. Therefore, this section shall be interpreted in favor of rules and guidelines that support shared parking as outlined in this section.
(2) The Legislature finds and declares that preserving land and lowering the cost of housing production by sharing parking 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 section applies to all cities, including charter cities.
