State Enacts Law Eliminating Minimum Parking Requirements Near Transit

On September 22, 2022, California Governor Gavin Newsom signed Assembly Bill 2097 (AB 2097) which eliminates most minimum parking requirements for residential, commercial and other development projects within one-half mile of public transit. The law does not apply to any project which includes a hotel, motel, or other transient lodging use. The definition of public transit applied to AB 2097 aligns with State Density Bonus Law and Los Angeles’ TOC Guidelines. 

While the elimination of parking minimums is applied to all public agencies in California, AB 2097 gives cities and counties the ability to make written findings that not imposing minimum parking requirements would have a negative impact on the jurisdictions ability to meet its regional housing needs or existing parking within one-half mile of the development. 

However, a public agency may not make such findings to impose minimum parking requirements for a housing development project that satisfies any of the below criteria:

  • A housing development project which contains 20 percent or more of the total units for very low, low or moderate income households;
  • A housing development project which contains 20 percent of the total units for students, or the elderly, or persons with disabilities;
  • A housing development project with less than 20 units;

Projects may still voluntarily provide parking, but AB 2097 will provide a helpful tool for infill housing projects, changes of use within existing buildings, and other developments which may need to reduce otherwise burdensome parking requirements. This law will be effective starting January 1, 2023. 

We will be closely monitoring the implementation of this law in Los Angeles and other jurisdictions throughout the state. If you have any questions about this new law and how you might apply it to your development projects, please reach out to one of us at Rand Paster & Nelson.