Definition
AB 2097 (Friedman), Chapter 459, Statutes of 2022, codified at Government Code § 65863.2, prohibits cities and counties from imposing any minimum off-street parking requirement on any residential, commercial, or other development project that is located within one-half mile of a major transit stop. The prohibition applies regardless of the project's size, use type, income level, or any other characteristic. It is self-executing — developers do not need to apply for a waiver or obtain a certification to invoke its protections.
Effective: January 1, 2023
What the Law Prohibits
AB 2097 prohibits any local agency from imposing a "minimum automobile parking requirement" on a project located within one-half mile of a major transit stop. This means:
- Cities may not require any minimum number of off-street parking spaces as a condition of approval for any qualifying project.
- The prohibition applies to all project types — residential, commercial, office, retail, mixed-use, and others.
- The prohibition applies to new construction and to projects that involve the change of use of an existing structure.
- A project may still include parking voluntarily — AB 2097 does not prohibit parking, it only prohibits mandating it.
The Major Transit Stop Trigger
AB 2097 uses the definition of "major transit stop" from Public Resources Code § 21064.3: a site containing a rail transit station, a ferry terminal served by bus or rail, or the intersection of two or more major bus routes with 15-minute or better frequency during peak commute hours. See the major transit stop entry for the full analysis.
The one-half mile measurement is made from the project site to the major transit stop. The statute does not specify whether this is a straight-line or walking distance measurement; HCD has indicated in guidance that walking distance is the more appropriate measure, consistent with other statutes that use the same language.
Limited Exceptions
AB 2097 includes a narrow set of exceptions:
- Small cities not in an MPO: Cities with populations under 75,000 that are not within a Metropolitan Planning Organization (MPO) area may be partially exempt. Jurisdictions in this category should confirm their MPO status before relying on this exception.
- Separately funded affordable housing parking: A parking requirement may be imposed if it is specifically for a residential development that uses a government-funded financing program that requires dedicated parking — but only to the extent the requirement is imposed by the financing program, not by the city.
- Historic district or specific plan requirements: Certain historic or specific plan contexts may retain limited parking requirements; consult current statutory text for the precise scope of this exception.
Interaction with the Density Bonus Law
The Density Bonus Law (Government Code § 65915) already provides parking reductions and eliminations for qualifying affordable housing projects near transit. AB 2097 is broader — it applies to all development, not just density bonus projects. Where both apply, AB 2097's prohibition is the governing rule; a city cannot impose minimum parking even if the Density Bonus Law parking provisions would have allowed some reduction but not elimination.
What Cities Must Do
- Map your major transit stops. Identify all sites within your jurisdiction that are within one-half mile of a qualifying major transit stop. Any project on those sites is covered by AB 2097.
- Update your zoning code. Parking minimums that apply to transit-adjacent sites are preempted. Cities cannot continue to apply them after January 1, 2023, even if the code has not been formally amended. However, amending the code removes the appearance of a conflicting requirement and reduces the risk of staff misapplication.
- Train counter staff. Planning counter staff must know that AB 2097-covered projects cannot be required to provide minimum parking as a condition of approval.
- Do not condition approval on parking. Including a parking requirement in conditions of approval for an AB 2097-covered project is a violation of state law and grounds for challenge.
AB 2097 is a sweeping parking preemption that applies to virtually every transit-adjacent development project in California. Cities that continue to enforce minimum parking requirements near major transit stops face legal exposure from developers and the potential for state enforcement. Legislaide helps cities identify which parcels are covered by AB 2097 and update their zoning codes to remove conflicting parking requirements.
Frequently Asked Questions
What does AB 2097 prohibit?
AB 2097 (Government Code § 65863.2, effective January 1, 2023) prohibits cities and counties from imposing any minimum off-street parking requirement on any residential, commercial, or other development project located within one-half mile of a major transit stop — regardless of the project's size, use type, or other characteristics.
What is the major transit stop trigger for AB 2097?
AB 2097 uses the Public Resources Code § 21064.3 definition of "major transit stop": a rail transit station, a ferry terminal served by bus or rail, or the intersection of two or more major bus routes with 15-minute or better peak commute frequency. The project site must be within one-half mile of such a stop.
Does AB 2097 mean developers cannot build parking?
No. AB 2097 only prohibits cities from requiring minimum parking. Developers may still voluntarily include parking in their projects. The law eliminates the government mandate, not the private choice. A developer who wants to include parking for market reasons is free to do so.
What are the narrow exceptions to AB 2097?
Narrow exceptions include: cities with populations under 75,000 not in a Metropolitan Planning Organization (MPO) area; residential projects using government-funded financing programs that require dedicated parking (only to the extent the financing program — not the city — requires it); and certain historic district and specific plan contexts.
What must cities do to comply with AB 2097?
Cities must: map all major transit stops and identify which parcels are within one-half mile; stop enforcing parking minimums for qualifying projects even if the zoning code still lists them (the code is preempted); amend the zoning code to remove conflicting parking requirements; and train planning staff to recognize AB 2097-covered applications.
Published April 6, 2026 by Legal Team at Legislaide.