Read: DCP IMPLEMENTATION OF AB 2097 (2022), December 29, 2022 

Read: AB 2097

Read: DCP Implementation of AB 2011 (2022) and SB 6 (2022)

Read:  Los Angeles Times Article, September 23, 2022 

DCP, State Housing Update

On September 22, 2022, the Governor signed Assembly Bill (AB) 2097, which added Government Code Section (§) 65863.2. AB 2097 prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or another development project that is within one-half mile of a Major Transit Stop, with minor exceptions detailed below. A development project, for purposes of this bill, includes any project requiring a discretionary entitlement or building permit to allow the construction, reconstruction, alteration, addition, or change of use of a structure or land.

In Los Angeles, City Planning is responsible for overseeing the implementation of AB 2097, in accordance with State law. Consult DCP webpage for eligibility requirements or email City Planning at planning.ab2097@lacity.org with general questions on project eligibility and review.

This memo will serve as guidance for staff and project applicants on the implementation of AB 2097 for discretionary and ministerial projects until the time this memo is superseded. Staff and interested parties are encouraged to refer to state law in Government Code §65863.2 for additional information as this memo is not exhaustive.

Key Provisions

Eligibility:  To assess whether a parcel is eligible to qualify under AB 2097, consult the Department’s Zone Information and Map Access System (ZIMAS), a web-based mapping tool that provides zoning information for parcels in Los Angeles. Enter the address in the pop-up window, click the “Planning and Zoning” menu on the left side of the screen, and then scroll down to the “AB 2097 Eligibility” field.

Projects located within a half-mile of a major transit stop are generally eligible for the automobile parking reduction provided by AB 2097. This includes residential, commercial, and industrial projects, but does not include hotels, motels, bed and breakfast inns, or other transient lodgings. The State does give local agencies the option to impose minimum parking requirements in limited instances, provided that one of the following three findings can be substantiated in the affirmative to necessitate minimum parking requirements:

• The project furthers the City’s ability to meet its share of the Regional Housing Needs Assessment (RHNA) for low and very low-income households,
• The project directly supports the City’s ability to meet any special housing needs for the elderly or persons with disabilities; or,
• The project is located within one-half mile of existing residential or commercial parking.

Note: These findings must demonstrate that the project would have a substantially negative impact, should the City not impose or enforce minimum parking requirements.

The State law offers a 30-day timeline to formally invoke such findings. However, these findings may not be made for projects that meet the following criteria:

• Projects that reserve 20% or more of the total dwelling units for very low, low, or moderate-income households, students, the elderly, or persons with disabilities,
• Projects that contain fewer than 20 dwelling units; or,
• Projects that are subject to other parking reductions of any other applicable law (by satisfying the applicable eligibility requirements).