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

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Date Published: 04/10/2019 09:00 PM
AB1484:v96#DOCUMENT

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 Sections 65944.5 and 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.

(1)The

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 prohibit a city, county, or city and county from imposing a fee, as defined, on a housing development project, as defined, unless the type and amount of the exaction is specifically identified on the city or county’s internet website at the time the application for the development project is deemed complete by the city or county.

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 a housing development project, as defined.

(2)Existing

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, at the time that an application for a housing development project is deemed complete, require the city, county, or city and county to provide a good faith statement disclosing the amount of impact and development fees applicable to the housing development. The bill would also prohibit a public agency from increasing these disclosed impact and development fees for 2 years after the city, county, or city and county issued the good faith statement, except as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program.

(3)This

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.

(4)The

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 all fees imposed upon a housing development project, as described in 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) 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 65944.5 is added to the Government Code, to read:
65944.5.

(a)At the time that an application for approval of a housing development project is deemed complete pursuant to Section 65943, the city, county, or city and county shall provide the applicant a good faith statement disclosing the amount of impact and development fees applicable to the housing development.

(b)(1)A public agency shall not increase any impact and development fees applicable to the housing development disclosed pursuant to subdivision (a) for two years after the city, county, or city and county issued the good faith statement pursuant to subdivision (a), except as provided in paragraph (2).

(2)Notwithstanding paragraph (1), the prohibition against fee increases provided in paragraph (1) shall not apply to any of the following:

(A)A fee or charge imposed pursuant to Section 66013.

(B)Fees within a community benefit agreement.

(C)Fees charged by both water and utility entities, both public and private.

(D)Any fee increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee in effect at the time the housing development application is deemed complete.

(c)The fact that a housing development project may require a land use approval that is considered legislative in nature shall not be construed to limit or narrow the applicability or scope of the prohibition against fee increases provided in subdivision (b).

(d)Nothing in this section shall be construed to prevent additional units or square footage that result from project revisions occurring after the application is determined by the local agency to be complete from being subject to a fee, charge, or other exaction that was in effect at the time that the housing development application is deemed complete.

(e)Nothing in this section shall be construed to limit the authority of a city, county, or city and county to impose a fee or other exaction necessary to mitigate a housing development project’s impact to a less than significant level pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(f)For purposes of this subdivision, “impact and development fees that are applicable to housing developments” means any of the following:

(1)Any fees imposed under the Mitigation Fee Act, as defined in Section 66000.

(2)Any fee based on the impact of a project.

(3)Parkland dedication fees imposed under the Quimby Act pursuant to Section 66477.

(4)Affordable housing fees.

(5)Utility connection fees and capacity charges that are established by the city or county.

SEC. 3.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 not impose, extend, or increase any impact or development post each fee that is applicable to a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5, unless the city or county specifically identifies the type and amount of the fee, including any fee scale if applicable, on the city or county’s internet website at the time the application for the project is deemed complete by the city or county pursuant to Section 65943. website.

SEC. 4.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. 5.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.