Compare Versions

PDF |Add To My Favorites |Track Bill | print page

AB-1484 Mitigation Fee Act: housing developments.(2019-2020)



Current Version: 08/13/19 - Amended Senate         Compare Versions information image


AB1484:v95#DOCUMENT

Amended  IN  Senate  August 13, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  April 04, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1484


Introduced by Assembly Member Grayson

February 22, 2019


An act to amend Section 65940 of, and to add Section 66004.1 to, the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1484, as amended, Grayson. Mitigation Fee Act: housing developments.
The Mitigation Fee Act requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
This bill would require each city, county, or city and county to post on its internet website the type and amount of each fee imposed on by the city or county and any dependent special districts of the city or county that is applicable to a housing development project, as defined.
Existing law, the Permit Streamlining Act, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. Existing law prohibits a local agency from requiring additional information from an applicant that was not specified in that list.
This bill would require each city, county, or city and county to include the location on its internet website of all fees imposed upon a housing development project in the list of information provided to a development project applicant that was developed pursuant to the provisions described above.
This bill would make findings that ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair and, therefore, applies to all cities, including a charter city and a charter city and county.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65940 of the Government Code is amended to read:

65940.
 (a) (1) Each state agency and each local agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a development project. Each local agency shall revise the list of information required from an applicant to include a certification of compliance with Section 65962.5, and the statement of application required by Section 65943. Copies of the information, including the statement of application required by Section 65943, shall be made available to all applicants for development projects and to any person who requests the information.
(2) For housing development projects, as defined by paragraph (2) of subdivision (h) of Section 65589.5, each city, county, or city and county shall include the location on its internet website of the information required by Section 66004.1, in the list required under paragraph (1).
(b) (1) The list of information required from any applicant shall include, where applicable, identification of whether the proposed project is located within 1,000 feet of a military installation, beneath a low-level flight path or within special use airspace as defined in Section 21098 of the Public Resources Code, and within an urbanized area as defined in Section 65944.
(2) The information described in paragraph (1) shall be based on information provided by the Office of Planning and Research pursuant to paragraph (2) of subdivision (d) as of the date of the application. Cities, counties, and cities and counties shall comply with paragraph (1) within 30 days of receiving this notice from the office.
(c) (1) A city, county, or city and county that is not beneath a low-level flight path or not within special use airspace and does not contain a military installation is not required to change its list of information required from applicants to comply with subdivision (b).
(2) A city, county, or city and county that is entirely urbanized, as defined in subdivision (e) (d) of Section 65944, with the exception of a jurisdiction that contains a military installation, is not required to change its list of information required from applicants to comply with subdivision (b).
(d) (1) Subdivision (b) as it relates to the identification of special use airspace, low-level flight paths, military installations, and urbanized areas shall not be operative until the United States Department of Defense provides electronic maps of low-level flight paths, special use airspace, and military installations, at a scale and in an electronic format that is acceptable to the Office of Planning and Research.
(2) Within 30 days of a determination by the Office of Planning and Research that the information provided by the Department of Defense is sufficient and in an acceptable scale and format, the office shall notify cities, counties, and cities and counties of the availability of the information on the internet.

SEC. 2.

 Section 66004.1 is added to the Government Code, to read:

66004.1.
 Notwithstanding any other law, a city, county, or city and county shall post each fee imposed by the city or county and any dependent special districts of the city or county that is applicable to a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5, on the city or county’s internet website.

SEC. 3.

 The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities, including a charter city or a charter city and county.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.