AB 2097 is a California law, in effect since January 1, 2023, that bars public agencies from imposing or enforcing minimum parking requirements on most residential, commercial and other development within a half mile of a major transit stop. It removes the parking minimum, not the parking: owners may still build as many stalls as they choose.
- Statute
- Gov. Code 65863.2 (Friedman), Ch. 459, Stats. 2022
- In effect
- January 1, 2023, statewide
- Key fact
- Cities can no longer require stalls near major transit, but most can still regulate the stalls an owner chooses to build
What AB 2097 does
Within a half mile of a major transit stop, a city, county or other public agency may not impose or enforce any minimum automobile parking requirement on a residential, commercial or other development project. The law applies statewide, in charter cities as well as general law cities, and it overrides local codes and specific plans that set minimums in those areas. It does not cap parking, ban garages or require an owner to remove existing stalls.
What counts as a major transit stop
AB 2097 borrows the definition in Public Resources Code 21064.3. A major transit stop is any of the following, existing or planned in an adopted regional transportation plan:
- A rail or bus rapid transit station.
- A ferry terminal served by bus or rail transit.
- The intersection of two or more major bus routes, each running every 20 minutes or better during the morning and afternoon peak commute. AB 2553 (2024) loosened this from 15 minutes, effective January 1, 2025, which widened the map.
Because planned stops count, the no-minimums area can arrive years before the service does, the same pattern SB 79 follows for building height and density.
The findings exception
A city can still impose its minimum on a project if, within 30 days of receiving a complete application, it makes written findings, supported by a preponderance of the evidence, that skipping the minimum would have a substantially negative impact on one of three things:
- Its ability to meet its share of the regional housing need for low and very low income households.
- Its ability to meet special housing needs for the elderly or persons with disabilities.
- Existing residential or commercial parking within a half mile of the project.
The exception is not available for housing projects that dedicate at least 20 percent of units to very low, low or moderate income households, students, the elderly or persons with disabilities; for projects with fewer than 20 units; or for projects that qualify for parking reductions under another law, such as the Density Bonus Law.
When an owner builds parking anyway
AB 2097 lets an agency put conditions on parking a project provides voluntarily. It may require spaces for car share vehicles, require spaces to be shared with the public, or require the owner to charge for parking. It does not reduce or eliminate requirements for electric vehicle charging or accessible parking. Hotels, motels and other transient lodging fall outside the law, and event centers must still provide the parking for employees and other workers that local rules require.
AB 2712 and street parking permits
AB 2712 (Friedman, 2024), effective January 1, 2025, closes a loophole in the City of Los Angeles. New developments that use AB 2097 to build less parking than would otherwise be required are excluded from the city’s preferential parking districts, so their residents generally cannot get permits to park on surrounding streets. Tenants of affordable units remain eligible. The rule applies only in the City of Los Angeles, though other cities, such as Beverly Hills, have moved toward similar limits.
AB 2097 timeline
- September 22, 2022: Governor Newsom signs AB 2097 (Friedman).
- January 1, 2023: AB 2097 takes effect statewide.
- September 22, 2024: AB 2712 and AB 2553 are signed, limiting Los Angeles permit parking for exempt projects and widening the bus frequency standard to 20 minutes.
- January 1, 2025: AB 2712 and AB 2553 take effect.
- July 1, 2026: SB 79 takes effect, adding state height and density floors inside much of AB 2097’s area.
How AB 2097 works with other California laws
| Law | What it does for parking and housing near transit |
|---|---|
| SB 79 (2025) | Sets state floors for height, density and floor area around qualifying rail and BRT stops |
| AB 2097 (2022) | Bars minimum parking requirements on most projects within a half mile of a major transit stop |
| Density Bonus Law | Adds homes in exchange for affordable units and caps the parking a city may require |
| SB 423 (2023) | Ministerial, streamlined approval with its own parking limits near transit |
| AB 1317 (2023) | Separates the cost of parking from rent in new buildings of 16 or more units in ten counties |
| AB 894 (2023) | Lets owners share underused parking and count it toward requirements |
The Parkonomics view
AB 2097 moved the stall count from the zoning code to the pro forma. The decision did not go away; it changed hands, to the developer, the lender and the market. Lenders and buyers still ask how many stalls a building has, and neighbors still worry about spillover parking, so the projects that win are the ones that can show their number. That means a real parking demand analysis, unbundled pricing, and a garage designed for future flexibility. Bring an owner’s parking consultant in while the site plan is still moving: the cheapest stall is the one you decided not to build before the structure was designed.
AB 2097: frequently asked questions
When did AB 2097 take effect?
AB 2097 was signed on September 22, 2022 and took effect statewide on January 1, 2023.
Does AB 2097 ban parking near transit?
No. It bars agencies from requiring a minimum number of stalls within a half mile of a major transit stop. Owners can still build parking, and agencies can attach conditions to parking that is built voluntarily, such as car share spaces, public sharing or paid parking.
What is a major transit stop under AB 2097?
A rail or bus rapid transit station, a ferry terminal served by bus or rail, or the intersection of two or more major bus routes running every 20 minutes or better at peak. Stops planned in an adopted regional transportation plan also count.
Can a city still require parking near transit?
Only through the findings exception: written findings within 30 days, by a preponderance of the evidence, of a substantially negative impact on affordable housing goals, special needs housing or existing parking within a half mile. Projects with fewer than 20 units, 20 percent affordable units, or parking reductions under another law are not subject to the exception.
Does AB 2097 apply to commercial projects?
Yes. It covers residential, commercial and other development types, with exclusions for hotels, motels and other transient lodging, and event centers must still meet local parking rules for employees and other workers.
Does AB 2097 affect EV charging and accessible parking?
No. It does not reduce or eliminate requirements for electric vehicle charging or accessible parking.
Can residents of AB 2097 buildings get street parking permits?
In the City of Los Angeles, AB 2712 generally excludes new projects that use AB 2097 to reduce parking from preferential parking districts, with an exception for tenants of affordable units. Elsewhere it depends on the city.
Related terms: SB 79, Density Bonus Law, SB 423, AB 1317, AB 894, Parking Minimums, Parking Maximums, Spillover Parking, Transit-Oriented Development
Further reading: The Zoning Arrives Before the Train, Santa Monica’s Height Fight Is a Parking Fight, The Multifamily Gap, The Underwriting Frame, Apartment Cars: how many cars residents really own
Sources: Gov. Code 65863.2; AB 2097 (Friedman), Ch. 459, Stats. 2022; HCD, AB 2097 fact sheet; Senate Housing Committee analyses of AB 2097 and AB 2712; AB 2712 (Friedman), Ch. 415, Stats. 2024 (Gov. Code 65863.2.1); AB 2553 (Friedman), 2024; Pub. Resources Code 21064.3.