AB 1401 California Assembly · 2021-2022 Regular Session

Residential and commercial development: remodeling, renovations, and additions: parking requirements.

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 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 in a county with a population of 600,000 or more from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the development is located on a parcel that is within12 mile, as specified, of public transit, as defined. The bill would prohibit a public agency in a city with of 75,000 or more located in a county with a population of less than 600,000 from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the project is located within 14 mile, as specified, of public transit, as defined. The bill would create authorizations in this regard for a city or a county to which these prohibitions do not apply. The bill, when a project provides parking voluntarily, would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities, as specified. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2022, as specified. This bill would prohibit a public agency from imposing any new minimum parking requirement on a project to remodel, renovate, or add to a single-family residence, provided that any addition to the single-family residence does not cause the single-family residence to exceed any floor-to-area ratio restriction imposed by the public agency. 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, 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.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Assembly Passage
Jun 2021
Senate Passage
Governor
Introduced Feb 19, 2021 Last action Aug 26, 2021
Floor votes · Assembly Jun 1, 2021

How they voted

5117
Passed · 11 other
Total votes 79
Jun 1, 2021
D Democratic59
44 Yea 6 Nay 9
74% Yea
I Independent1
1
0% Nay
R Republican19
7 Yea 11 Nay 1
57% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
8
Committee
10
Amendments
6
Aug 26, 2021
Upper · Passed
In committee: Held under submission.
upper
Aug 16, 2021
Committee
In committee: Referred to suspense file.
upper
Jul 8, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 8). Re-referred to Com. on APPR.
upper
Jul 5, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on HOUSING.
upper
Jul 1, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (July 1).
upper
Jun 21, 2021
Introduced
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.
upper
Jun 16, 2021
Committee
Referred to Coms. on GOV. & F. and HOUSING.
upper
Jun 1, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 17. Page 1718.)
lower
May 19, 2021
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 4.) (May 19).
lower
May 3, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 29). Re-referred to Com. on APPR.
lower
Apr 20, 2021
Committee
Re-referred to Com. on H. & C.D.
lower
Apr 19, 2021
Lower · Passed
Read second time and amended.
lower
Apr 15, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 6. Noes 1.) (April 14).
lower
Apr 6, 2021
Committee
Re-referred to Com. on L. GOV.
lower
Apr 5, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
lower
Mar 11, 2021
Committee
Referred to Coms. on L. GOV. and H. & C.D.
lower
Feb 20, 2021
Lower · Passed
From printer. May be heard in committee March 22.
lower
Feb 19, 2021
Introduced
Introduced. To print.
lower
1 primary · 3 co-sponsors

Sponsors