Today's Law As Amended

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

As Amends the Law Today


 Section 66000.1 is added to the Government Code, to read:

 (a) For purposes of this section:
(1) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional or supportive housing.
(2) (A) Except as provided in subparagraph (B), “housing impact requirement” means a fee, charge, dedication, or other requirement established, levied, or imposed, in whole or in part to mitigate the impact of a housing development project, including, but not limited to, a fee or charge that is any of the following:
(i) A fee described in 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)).
(ii) A dedication of parkland or an in-lieu fee imposed pursuant to Section 66477.
(iii) A construction excise tax.
(iv) A tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5) if approved by landowner vote.
(B) “Housing impact requirement” does not include a fee described in Section 66014, except for purposes of subdivision (d).
(b) Notwithstanding any other law, a housing development project shall not be subject to a housing impact requirement adopted by a local agency unless, in addition to any other applicable requirements, all of the following requirements are satisfied:
(1) The housing impact requirement shall be roughly proportional in both nature and extent to the impact created by the housing development project.
(2) (A) The local agency shall make an individualized determination that a housing development project subject to a housing impact requirement will have the same type and amount of impact projected for a type of development analyzed in the nexus study required by subdivision (c).
(B) As part of this determination, the local agency shall provide notice to the project applicant that it may submit information regarding features or attributes of the project to demonstrate a lack of rough proportionality to the type or amount of the development impact identified in the nexus study.
(C) This paragraph shall not apply to a housing impact requirement imposed by the local agency on an ad hoc basis.
(3) A housing impact requirement shall not cure deficiencies in a public facility serving existing development unless the amount of the housing impact requirement is roughly proportional both in nature and extent to the housing development project’s impact on the public facility.
(4) A housing impact requirement shall not be based on providing a level of service that exceeds the existing community’s current level of service. For purposes of this paragraph, “level of service” means a physically measurable quantity or quality of public facilities relative to a certain number of persons or other appropriate measure.
(5) A housing impact requirement shall not be based on a capital cost level of service or similar standard in which a local agency estimates the monetary value of its existing public facilities and bases a housing impact requirement on what is asserted to be the same level of capital cost investment incurred by existing residents.
(6) A public facility funded or provided by a housing impact requirement shall be specifically identified in a capital improvement plan, adopted pursuant to Section 66002.
(c) (1) Before subjecting a housing development project to a housing impact requirement, a local agency shall prepare and adopt a nexus study, which shall be used to demonstrate compliance with the requirements of this section.
(2) The nexus study shall be adopted by resolution at a public hearing and shall not be adopted until it is in its final form, which shall include land use assumptions and any public facilities assessment.
(3) The local agency shall provide notice of the commencement of preparation of a nexus study to any person who made a request with the local agency.
(4) A local agency shall post the nexus study in its final form on its internet website and make it available to the public for a period of at least 30 days before adopting the nexus study.
(5) Before the adoption of the nexus study, the local agency shall provide the public with the opportunity to review and comment on the nexus study and respond to written comments that are filed with the local agency.
(6) This subdivision shall not apply to housing impact requirements imposed on an ad hoc basis.
(d) (1) Except as otherwise provided in this section, the requirements of this section apply to housing impact requirements whether established by legislation or imposed on an ad hoc basis.
(2) The requirements of this section apply to housing impact requirements whether levied or imposed on a legislative or adjudicative land use approval or application.
(e) A housing impact requirement may be challenged in an action brought pursuant to Section 66020 and the local agency shall have the burden of demonstrating, by a preponderance of the evidence, compliance with this section.
(f) This section shall be construed broadly to effectuate the Legislature’s intent to establish effective constraints on local agency housing impact requirements.
SEC. 2.
 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. 3.
 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.