Governor Jerry Brown had a Sunday deadline to sign legislation or veto it. Late in the day on Friday he signed Assembly Bill 744, which allows affordable housing developers to build less parking than many local zoning regulations currently permit.
The bill is a victory for affordable housing advocates, who have been saying for a number of years that the burden of building more parking than tenants use has made affordable housing too expensive to build.
A.B. 744, authored by Ed Chau (D-Monterey Park), is limited to a few very specific types of housing, all meant to house population groups that tend to own few cars and drive less than the general population. Those are: housing for seniors, housing for special needs populations, and housing for low-income and very-low income people. It also applies to mixed-income developments that include a minimum number of affordable units. All categories are required to have a specified level of transit access (for details, see after the jump).
“This is super tailored to affordable, multifamily housing near transit,” said the bill’s sponsor, Domus Development founding partner Meea Kang. “It will help small cities that don’t have the political will to build good projects. This will give them tools to reduce parking, which they absolutely have to do to be able to get funding for needed housing projects.”
Under the new law, if a developer of these types of housing asks to be allowed to build less parking than required by zoning regulations, a city has to allow it—as defined in the statute, see below—unless it can demonstrate that more parking is necessary. And A.B. 744 specifies what that “demonstration” would entail, not leaving it to a vague “parking study.” A parking study to show that a development needs more parking would have to be somewhat recent and based on “substantial evidence,” including area-wide parking availability, transit access, potential for shared parking, the effect of parking requirements on the cost of developments, and rates of car ownership among low-income, senior, and special needs individuals.
This shifts the burden of proof from the developer to the city, in the process codifying the assumption that in general these populations need and use fewer parking spots. And while it’s a win for affordable housing developers, it’s also a win for sustainable transportation, clean air, and climate change efforts. As long pointed out by UCLA professor Donald Shoup and others, excessive amounts of parking contribute to more vehicle miles driven in a myriad of ways. [PDF]
Kate White, Deputy Secretary of Environmental Policy and Housing Coordination at the California State Transportation Agency (CalSTA), is excited about A.B. 744. Read more…