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SB-1296 Department of Housing and Community Development: database of local fees.(2017-2018)

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Date Published: 04/05/2018 09:00 PM
SB1296:v97#DOCUMENT

Amended  IN  Senate  April 05, 2018
Amended  IN  Senate  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1296


Introduced by Senator Glazer
(Coauthors: Senators Cannella Cannella, Nguyen, and Wiener)
(Coauthor: Assembly Member Grayson)

February 16, 2018


An act to amend Section 65400 of the Government Code, and to amend Section 50456 of the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 1296, as amended, Glazer. Department of Housing and Community Development: database of local fees.
Existing law requires the Department of Housing and Community Development to collect, publish, and make available to the public information about laws regarding housing and community development and authorizes the department to provide a statistics and research service for the collection and dissemination of information affecting housing and community development. Existing law also requires the department, by June 30, 2019, to complete a study to evaluate the reasonableness of local fees charged to new developments, as provided.
This bill, by December 31, 2019, would additionally require the department to collect, publish, collect information from cities, counties, and special districts on the fees imposed for new developments and to publish and make available a database of the fees, as defined, fees charged by those public agencies to new developments by jurisdiction. The bill would also require the department to periodically update this database. The bill would require each special district to annually report to the department the fees that the special district charges to new developments.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries. Existing law requires the planning agency of each city and county, after the legislative body has adopted all or part of a general plan, to annually report specified information to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development, including the status of the plan and progress in its implementation.
This bill would require the planning agency to also include in its annual report the fees charged to new developments.
By imposing new reporting duties on local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65400 of the Government Code is amended to read:

65400.
 (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C) The number of housing development applications received in the prior year.
(D) The number of units included in all development applications in the prior year.
(E) The number of units approved and disapproved in the prior year.
(F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessor’s parcel number, but may include street address, or other identifiers.
(I) The number of applications submitted pursuant to subdivision (a) of section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of section 65913.4, the total number of building permits issued pursuant to subdivision (b) of section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of section 65913.4.
(J) The fees charged by the city or county to new developments. For purposes of this subparagraph, “fee” has the same meaning as that term is defined in subdivision (b) of Section 66000.

(J)

(b) The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph (2) of subdivision (a) on its Internet Web site within a reasonable time of receiving the report.

(b)

(c) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.

SECTION 1.SEC. 2.

 Section 50456 of the Health and Safety Code is amended to read:

50456.
 (a) The department shall collect, publish, and make available to the public information about federal, state, and local laws regarding housing and community development. The department may provide a statistics and research service for the collection and dissemination of information affecting housing and community development.
(b) By June 30, 2019, the department shall complete a study to evaluate the reasonableness of local fees charged to new developments as defined by subdivision (b) of Section 66000 of the Government Code. developments. The study shall include findings and recommendations regarding potential amendments to the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1 of Title 7 of the Government Code) to substantially reduce fees for residential development.
(c) By December 31, 2019, the department shall collect, publish, collect data submitted by special districts pursuant to subdivision (d) and by cities and counties pursuant to subparagraph (J) of paragraph (2) of subdivision (a) of Section 65400 of the Government Code and shall publish and make available a database of the fees, as defined by subdivision (b) of Section 66000 of the Government Code, fees charged by those public agencies to new developments by jurisdiction. The department shall periodically update the database required by this subdivision.
(d) Each special district shall report to the department by April 1 of each year the fees charged by the special district to new developments.
(e) For purposes of this section, the following definitions apply:
(1) “Fee” has the same meaning as that term is defined in subdivision (b) of Section 66000 of the Government Code.
(2) “Special district” has the same meaning as that term is defined in Section 53835 of the Government Code.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.