HomeMy WebLinkAbout2022-12-08; Assembly Bill 2097- State Parking Requirements (Districts 1 & 3); Barberio, Gary)
To the members of the:
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Council Memorandum
December 8, 2022
To:
From:
Via:
Re:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, Community Services
Jeff Murphy, Community Development ~ctor
Geoff Patnoe, Assistant City Manager ~
Assembly Bill 2097-State Parking Requirements {Districts 1 & 3)
{city of
Carlsbad
Memo ID# 2022119
This memorandum provides an overview of the restrictions imposed by Assembly Bill (AB) 2097 on
the city's ability to impose minimum parking standards on new development projects.
Background
On September 28, 2022, in response to the state housing crisis, Governor Newsom signed several
legislative bills that focused on increasing housing production in California. As with prior state
legislative changes, many of the bills adopted limit or restrict local land use authority to make the
local housing approval processes more administrative (by-right), with fewer local restrictions and
limitations. However, one bill in particular, AB 2097 (Friedman), stands out from the rest as possibly
the most impactive to the city's land use authority.
Discussion
Most cities, including Carlsbad, have historically required that new residential and commercial
development provide onsite parking spaces to sufficiently accommodate occupants and customers
and reduce impacts to neighboring land uses. The commonly applied parking standard is formula
based, where the minimum number of required parking spaces is dependent upon the size and type
of use being built. For example, Carlsbad requires one parking space for every 100 square feet of
restaurant space, two parking spaces for each apartment unit with two or more bedrooms, and so on.
Based largely on a body of academic research regarding the potential impacts minimum parking
ratios have on car ownership, vehicle miles traveled, and use of public transit, the state legislature
passed AB 2097, which added Government Code §65863.2, that effectively eliminates parking
requirements in new residential and commercial developments when located within a half-mile of a
major transit stop. For Carlsbad, the half-mile radius is measured from two qualifying stops: the
Carlsbad Village Station (District 1) and the Poinsettia Station (District 3).
According to the Assembly Floor Analysis1 on AB 2097, the study found that in buildings with no on-
site parking, only 38% of households owned a car, but in buildings with at least one parking space per
unit, the study found that more than 81% of households owned automobiles. As such, by eliminating
1 The Assembly Floor Analysis (AFA) Unit is a part of the CA State Assembly Chief Clerk's Office, who is responsible for providing the public
and Assembly Members with analyses, prepared by committee staff, of every bill and amendment on the Floor.
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t
)
Council Memo -Assembly Bill 2097 -State Parking Requirements (Districts 1 & 3)
December 8, 2022
Page 2
parking minimums, the state legislature believes that fewer households will rely on the automobile for transportation. Ultimately, the state legislature's intent with the passage of AB 2097, which is
effective January 1, 2023, is that it will help drive down construction costs (making units more
affordable), increase public transit ridership, and promote walkable and bikeable communities so
people can get around without a car, which will reduce the greenhouse gas emissions responsible for
climate change.
The bill provides for limited exceptions for when parking can be required for new development and
. includes provisions that allow the city to continue to apply minimum parking standards for electric
vehicle charging stations as well as required parking spaces accessible to persons with disabilities,
irrespective of distance from a major transit stop. To help staff and the public better understand the
purpose of AB 2097 and the allowances under the new state law, an Informational Bulletin has been
drafted (Attachment A). Maps of the properties affected by AB 2097, which will eventually be
accessible via hyperlinks in the bulletin, have also been developed (Attachment B and C).
Next Steps
After the first of the year, the bulletin will be added to the Community Development Department
Informational Bulletin Library, which is available on line and accessible to the public2• The bulletin
includes several hyperlinks to various reference documents, including the new state parking law and
the new state building code. Since those codes are not effective until January 1, 2023, posting the
informational bulletin sooner is not practical.
Staff will continue to monitor any additional guidance provided from regulatory agencies (such as the
California Coastal Commission or Governor's Office of Planning and Research) and update as
appropriate.
Attachment: A. Informational Bulletin -AB 2097 Parking Requirements
B.Half-mile radius from Carlsbad Village Station
C.Half-mile radius from Poinsettia Station
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Ron Kemp, Assistant City Attorney
Jamie Wood, Environmental Sustainability Director
Tom Frank, Transportation Director
Jason Haber, Intergovernmental Affairs Director
Mike Strong, Assistant Community Development Director
Sarah Lemons, Senior Program Manager
Nathan Schmidt, Transportation Planning and Mobility Manager
Katie Hentrich, Climate Action Plan Administrator
Jason Geldert, Engineering Manager
Eric Lardy, City Planner
2 https://www.carlsbadca.gov/departments/community-development/departmental-information-bulletins
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov
AB 2097
PARKING REQUIREMENTS IB-131This bulletin provides an overview of the restrictions
imposed by the state legislature under AB 2097 on the
city’s ability to require minimum parking standards on
certain private development projects.
BACKGROUND
Most cities, including Carlsbad, have historically required
that new residential and commercial development
provide onsite parking spaces to sufficiently
accommodate occupants and customers and reduce
impacts to neighboring land uses. The commonly applied
parking standard is formula based, where the minimum
number of required parking spaces is dependent upon the
size and type of use being built. For example, Carlsbad
requires one parking space for every 100 square feet of
restaurant space, two parking spaces for each apartment
unit with two or more bedrooms, and so on.
Based largely on a body of academic research regarding
the potential impacts minimum parking ratios have on car
ownership, vehicle miles traveled, and use of public
transit, the state legislature passed AB 2097, which added
Government Code §65863.2, that effectively eliminates
parking requirements in new residential and commercial
developments when located within a half-mile of a major
transit stop.
According to the Assembly Floor Analysis on AB 2097, the
study found that in buildings with no on-site parking, only
38% of households owned a car, but in buildings with at
least one parking space per unit, the study found that
more than 81% of households owned automobiles. As
such, by eliminating parking minimums in new
development, the state legislature believes that fewer
households will rely on the automobile for transportation.
Developers could still voluntarily provide onsite parking
(and many likely will), but the number of parking spaces
provided will be based on builder preference and market
demand, not by city-established minimum parking
standards.
The state legislature’s intent with this action, which is
effective January 1, 2023, is that it will help drive down
construction costs (making units more affordable), reduce
vehicle traffic, increase public transit ridership, and
promote walkable and bikeable communities so people
can get around without a car, which will reduce the
greenhouse gas emissions responsible for climate change.
NEW STATE LIMITS ON PARKING
AREAS AFFECTED
Pursuant to Government Code §65863.2(a), a city cannot
impose or enforce any minimum automobile parking
requirements on a residential, commercial, or other
development project (except for hotels, motels, short-
term rentals, or other transient lodging --- city parking
standards still apply to those) if the project is located
within one-half mile of public transit. The state defines
public transit as a “major transit stop,” containing any one
of the following:
• Fixed rail station
• Bus rapid transit stop
• Intersection of two or more major bus routes were
buses stop every 15 minutes or less during peak
commute periods
• high-quality transit corridor included in a regional
transportation plan
Documents Referenced
AB 2097 State Parking Requirements; §65863.2
Carlsbad Village Station Eligible Parcels; Map
Poinsettia Station Eligible Parcels; Map
Carlsbad Housing (Element) Plan; IB-137
2021-2029 Housing Element; Plan
Carlsbad Parking Standards; §21.44
EV Charging Station Requirements; §18.21.040
EV Charging Permit Streamlining; IB-165
State Density Bonus Law; IB-112
Supportive Housing Defined; §21.04.355.1
Transitional Housing Defined; §21.04.362
Attachment A
Page 2 of 3 IB-131_AB 2097 Parking Limits (DRAFT)
The city does not have any high-quality transit corridors
per SANDAG’s 2021 Regional Transportation Plan. And
North County Transit District’s Breeze bus system, does
not meet the bus stop requirements and therefore does
not qualify.
Currently, there are only two locations in the city that
meet the definition of public transit --- Carlsbad Village
Station and Poinsettia Station. Maps have been provided
showing those parcels that are subject to §65863.2. See
“Documents Referenced” above.
In cases where only a portion of the project site is located
within one-half mile of a major transit stop, the following
standards must be met in order to be eligible.
• At least 75% of the total project site is located within
one-half mile of a major transit stop; and
• At least 90% of the proposed residential units, or
100 units or more, whichever is less, are located
one-half mile of a major transit stop.
Projects failing to meet these requirements do not qualify
for the allowances under §65863.2 and must meet
current city parking standards.
EV CHARGING & ADA PARKING
Irrespective of proximity to public transit, state law allows
the city to continue to apply minimum parking standards
for electric vehicle (EV) charging stations as well as
required parking spaces accessible to persons with
disabilities (ADA).
• For EV stations, the required number of EV parking
spaces is provided in Table 5.106.5.3.1 of Carlsbad
Municipal Code §18.21.040. The parking
requirement is based on the total number of actual
parking spaces that would have otherwise applied to
the development if the state code section did not
exist. Refer to IB-165 for an overview of the city’s
streamlining provisions and alternative standards for
EV charging stations.
• For ADA parking, the city applies the standards set
forth in Chapter 1109A (multifamily) and Chapter
11B (commercial) of Title 24, Volume 1 of the 2023
CA Building Code. Like EV spaces, the total number
of ADA spaces is based on the total number of actual
parking spaces that would have otherwise applied to
the development.
EXEMPTIONS
The city may apply its minimum parking standards if it
makes written findings that failure to impose parking
standards will result in one of the following to occur.
• Hinders the city’s ability to meet its share of low-
and very low-income housing. Refer to IB-137 for
more on the city’s Housing Element and affordable
housing requirements.
• Hinders the city’s ability to meet any special housing
needs for elderly or persons with disability. Refer to
the city’s 2021-2029 Housing Element for more
information.
• The proposed “housing development project” will
negatively impact existing residential or commercial
parking that is located within one-half mile of the
project. The state defines a housing development
project as either:
o A 100% residential development; or
o Mixed-use development where at least two-
thirds of the project is designed for residential
use; or
o Project includes transitional housing or
supportive housing.
The city exemption determination must be supported by a
preponderance of the evidence in the record showing that
not imposing or enforcing minimum parking standards
would have a substantially negative impact on the above
IB-131_AB 2097 Parking Limits (DRAFT) Page 3 of 3
referenced development. The exemption finding must be
made by the city within 30 days following receipt of a
completed application.
EXCEPTIONS TO THE EXEMPTIONS
Government Code §65863.2(c) provides a list of specific
project types that are not subject to the above exemption
provisions. In other words, the city cannot impose
minimum parking standards on the following housing
development projects, irrespective of whether the above
discussed exemption findings can be made.
• The housing development project contains fewer
than 20 housing units.
• The housing development project dedicates a
minimum of 20% of the total housing units to very low-, low-, or moderate-income households,
students, elderly, or persons with disabilities.
• The housing development project is subject to
parking reductions based on the provisions of any
other applicable law. As an example, the proposed
development is a density bonus project, which offers
reduced parking standards for development
projects. Please refer to IB-112 for more on density bonus law.
PARKING SPACES PROVIDED VOLUNTARILY
When a project voluntarily provides parking, the city is
limited to only imposing the following parking
requirements:
• The city may require that the voluntary parking
spaces meet minimum location and design
standards.
• If a project voluntarily provides parking spaces, the
city can require that the spaces be available to the
public.
• If a project voluntarily provides parking spaces, the
city can require that a parking fee be charged to
residents or customers for use. Conversely, the city
cannot require that the voluntarily provided parking
spaces be offered to the residents or customers free
of charge.
YOUR OPTIONS FOR SERVICE
Questions pertaining to this state law, please contact the
Planning Division at 442-339-2600 or via email at
Planning@CarlsbadCA.gov.
AB 2097 .
Carlsbad Village Train Stat1odn_
. . H If Mile Ra ius All Parcels Within a
Attachment 8
AB 2097
Poinsettia Train Station
All Parcels Within Half Mile Radius
Attachment C N
A