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California Assembly Bill 2097 (2022)

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California Assembly Bill 2097 (2022)
California State Legislature
Full nameAn act to amend Section 65585 of, and to add Section 65863.2 to, the Government Code, relating to land use.
IntroducedFebruary 14, 2022
Assembly votedSeptember 29, 2022
Senate votedSeptember 30, 2022
Signed into lawSeptember 22, 2022
Sponsor(s)Friedman (A), Portantino (S), Wiener (S), Haney (A), Lee (A), Skinner (S), Ward (A)
GovernorGavin Newsom
CodeGovernment Code
BillCalifornia Assembly Bill 2097
Associated billsCalifornia Density Bonus Law, California HOME Act, CEQA, HAA, the ADU law, the Affordable Housing and High Road Jobs Act, Affordable Housing on Faith and Higher Education Lands Act, AB 2553 (2024), AB 2712 (2024)
Websitehttps://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097
Status: Current legislation

California Assembly Bill 2097 (AB 2097) is a 2022 California statute which prohibits California cities and other public agencies from mandating parking for most development projects within 0.5 miles (0.8 km) of a major transit stop. The law also establishes a "substantial hardship exception" which allows a public agency to impose a parking mandate within 0.5 miles of a major transit stop if the agency submits an application with evidence of a negative impact upon either the agency's ability to meet its RHNA obligations for low and very low income residents, disabled and elderly residents, or existing residential or commercial parking within 0.5 miles of a housing development project.

Legislative history

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Earlier law

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An earlier law, AB 744 (drafted by Ed Chau, signed by Jerry Brown in 2015), allowed for developers of certain types of affordable housing (housing for seniors, housing for special needs populations, housing for low-income and very-low income people, and mixed-income developments that include a minimum number of affordable units) to build less parking units than required by local zoning regulations upon request by the developer, unless the city demonstrates a need to require mandatory parking.[1][2]

Current law

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The law was drafted by Laura Friedman, and emanated from portions of California Senate Bill 50, an unsuccessful 2019 bill which would have both prohibited parking mandates within 0.5 miles of a major transit stop as well as mandated minimum four-plex residential zoning in the same locations.

Initially drafted as AB 1401 in 2021, the bill was passed by the Assembly but died in the Senate Appropriations Committee.[3]

Refiled in 2022 as AB 2097, the bill was passed by both houses by August 30, 2022, and signed into law by Governor Gavin Newsom on September 22, 2022.[4][5] Taking effect on January 1, 2023, California became the second state after Oregon to eliminate parking minimums near public transit.

Impact

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A 2025 study argued that the law was overly complex and ambiguous, allowing for broad interpretation of the law by local governments ranging from expansive interpretations (including citywide repeal) on one end to uses of loopholes to subvert the law on the other. The study described the law as an example of the differences in ease of state preemption of local governments when applied to land use compared to other applications of preemption.[6]

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Amendments

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On September 19, 2024, Newsom signed into law AB 2553, which expanded both the definition of "major transit stop" under the California Environmental Quality Act to service frequency of 20 minutes or less, as well as eligibility for reduced traffic impact fees under the Mitigation Fee Act from "transit station" to "major transit stop".[7] Previously, CEQA defined "major transit stop" as the intersection of two or more major bus routes with service of 15 minutes or less during peak commute periods. By extension, AB 2553 expanded the number of locations prohibited from parking mandates under AB 2097.[8] The law also impacts the definition of "major transit stop" for several other laws, including the California Density Bonus Law, California HOME Act, CEQA, California Housing Accountability Act, the ADU law, the Affordable Housing and High Road Jobs Act, and the Affordable Housing on Faith and Higher Education Lands Act of 2023 (SB 4, sometimes referred to as the "Yes in God's Backyard," or "YIGBY" legislation).[9] In addition, it indirectly affects the definition of a "transit priority area" (TPA) as "an area within one-half mile of a major transit stop that is existing or planned" as per SB 743 (2013).[10]

On September 22, 2024, Newsom signed AB 2712, also drafted by Friedman, into law, prohibiting the city of Los Angeles from issuing preferential parking permits to residents of new developments which are exempt from parking mandates under AB 2097 unless the city provides a written application for hardship.[11]

Other parking reform legislation

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  • SB 35 (2017), SB 6 (2022): prohibits local governments from levying parking mandates upon SB 35 projects within a half-mile of either public transit, within an architecturally and historically significant historic district, within one block of a car share vehicle, or when on-street parking permits are required but not offered to the occupants of the development.
  • AB 2011 (2022): prohibits most parking mandates, but does not preclude parking mandates for new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities.
  • California HOME Act (SB 9, 2021), SB 4 (2023): prohibit local governments from levying parking mandates upon SB 9 and SB 4 projects within a half-mile of either a high-quality transit corridor or a major transit stop, or within one block of a car share vehicle.
  • AB 1308 (2023): prohibits local governments from increasing the minimum parking requirement that applies to a single-family residence as a condition of approval of a project to remodel, renovate, or add to a single-family residence, except in specified circumstances;[12]
  • AB 1317 (2023): requires the owner of qualifying residential property, as defined, that provides parking with the qualifying residential property to unbundle parking from the price of rent;[13]
  • AB 894 (2023): requires that public agencies allow underutilized parking spaces to be shared with other land uses and the public, and to count shared parking toward meeting parking requirements in specified circumstances.[14]

Compliance by cities

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Several California cities have passed legislation to repeal parking mandates beyond the scope of AB 2097 and its amendments, both before and after AB 2097's passage:

San Francisco Bay Area

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  • San Francisco repealed parking mandates citywide (except for mortuaries) on December 18, 2018.[15]
  • Emeryville repealed parking mandates and instituted parking maximums in 2019.[16]
  • Berkeley, in January 2021, repealed parking mandates for all residential uses except for two hillside neighborhoods which have narrow streets.[17]
  • Alameda repealed parking minimums in November 2021.[18]
  • San Jose repealed parking mandates for all new housing developments in December 2022.[19][20]
  • Mountain View's City Council voted on November 12, 2024 to repeal parking mandates for housing developments in certain other areas slated for housing growth, as well as residential areas of mixed-use developments.[21]

Elsewhere

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  • Sacramento repealed its remaining parking mandates citywide in January 2021.[22]
  • San Diego removed parking mandates for businesses in transit-priority areas and commercial neighborhoods in November 2021.[23] A previous reform to parking in 2019, which stopped requiring parking for any housing near transit, density bonus projects and non-density bonus projects alike, was credited with a fivefold increase in the total number of homes permitted through San Diego's density bonus program.[24]
  • Culver City passed an ordinance abolishing parking mandates citywide in October 2022.[25]

Proposed

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  • In June 2025, Los Angeles City Councilmembers Bob Blumenfield and Nithya Raman introduced a motion directing the Department of City Planning to study removing parking mandates citywide.[26][27]
  • On May 5, 2025, West Hollywood city council directed staff to prepare a Zone Text Amendment to eliminate parking mandates citywide. This will potentially be completed within 6 to 9 months.[28]

References

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  1. ^ "Governor Signs Bill to Ease Parking Requirements for Affordable Housing - Streetsblog California". cal.streetsblog.org. October 12, 2015. Retrieved January 26, 2025.
  2. ^ "AB 744- CHAPTERED". leginfo.legislature.ca.gov. Retrieved January 26, 2025.
  3. ^ "Answers to 12 Questions About California Assembly Bill 1401". www.planetizen.com. Retrieved January 16, 2025.
  4. ^ Weinberg, Abigail (September 23, 2022). "California just struck a major blow to car culture". Mother Jones. Retrieved September 28, 2022.
  5. ^ "Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements". leginfo.legislature.ca.gov. Retrieved October 18, 2024.
  6. ^ Lee, Amy; Millard-Ball, Adam; Manville, Michael (October 17, 2025). "State Preemption in Theory and Practice: The Case of Parking Requirements". Urban Affairs Review 10780874251385240. doi:10.1177/10780874251385240. ISSN 1078-0874.
  7. ^ "Legislative Update: Ending Harmful Road Widening, and Redefining "Major Transit Stops" - Streetsblog California". cal.streetsblog.org. September 23, 2024. Retrieved October 18, 2024.
  8. ^ Falcone, Shannon (September 16, 2024). "2024 Housing Legislation Overview: Major Pending Bills on the Governor's Desk". Coblentz Law. Retrieved October 18, 2024.
  9. ^ "AB 2553: a Small Change with Big Consequences – How Five More Minutes Could Increase Transit-Oriented Development". www.coxcastle.com. Retrieved November 21, 2024.
  10. ^ Coon, Arthur F. (September 16, 2013). "CEQA, Sausages, And The Art of The Possible: A Closer Look at SB 743's General CEQA Reform Provisions". CEQA Developments. Retrieved February 7, 2025.
  11. ^ "Bill Status - AB-2712 Preferential parking privileges: transit-oriented development". leginfo.legislature.ca.gov. Retrieved October 18, 2024.
  12. ^ "AB 1308- CHAPTERED". leginfo.legislature.ca.gov. Retrieved December 3, 2024.
  13. ^ "AB 1317- CHAPTERED". leginfo.legislature.ca.gov. Retrieved December 3, 2024.
  14. ^ "AB 894- CHAPTERED". leginfo.legislature.ca.gov. Retrieved December 3, 2024.
  15. ^ Grabar, Henry (December 18, 2018). "San Francisco Legalizes Itself". Slate. ISSN 1091-2339. Retrieved December 11, 2024.
  16. ^ "Analysis: The Decline and Fall of Mandatory Parking Minimums — Streetsblog USA". usa.streetsblog.org. January 31, 2022. Retrieved December 11, 2024.
  17. ^ Raguso, Emilie (January 28, 2021). "Berkeley overhauls off-street parking with an eye toward greener future". Berkeleyside. Retrieved November 30, 2024.
  18. ^ "City of Alameda - File #: 2021-1480". alameda.legistar.com. Retrieved November 30, 2024.
  19. ^ Kamisher, Eliyahu (December 7, 2022). "Bye-bye parking requirements: San Jose becomes largest city in U.S. to abolish minimum parking". The Mercury News. Retrieved November 30, 2024.
  20. ^ Staff, T. R. D. (December 8, 2022). "San Jose becomes largest US city to ditch minimum parking". The Real Deal. Retrieved November 30, 2024.
  21. ^ Margaretten, Emily (November 13, 2024). "Mountain View eliminates parking requirements in areas slated for housing growth". Mountain View Voice. Retrieved November 21, 2024.
  22. ^ "Sacramento Effectively Ended Single-Family Exclusive Zoning. But That's Not All". Strong Towns. April 10, 2024. Retrieved November 30, 2024.
  23. ^ Jennewein, Chris (November 18, 2021). "San Diego City Council Eliminates Minimum Parking Requirements for Businesses". Times of San Diego. Retrieved November 30, 2024.
  24. ^ "Parking Requirements Are Not a Useful Bargaining Chip for Increasing Affordable Housing - Streetsblog California". cal.streetsblog.org. May 19, 2021. Retrieved January 26, 2025.
  25. ^ "Culver City Abolishes Parking Requirements Citywide - Streetsblog Los Angeles". la.streetsblog.org. October 25, 2022. Retrieved November 30, 2024.
  26. ^ "Eliminating Municipal Parking Requirements Does Not Equate To Zero-Parking Homes - Streetsblog Los Angeles". la.streetsblog.org. June 12, 2025. Retrieved October 23, 2025.
  27. ^ Wagner, David (June 12, 2025). "New homes with no parking? LA City Council considers ending parking requirements". LAist. Retrieved October 23, 2025.
  28. ^ "City Council Advances Housing Approval Reforms". WEHOonline.com. May 6, 2025. Retrieved October 23, 2025.
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