Bill Text: CA AB3177 | 2023-2024 | Regular Session | Amended

California Assembly Bill 3177

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-22 - In Senate. Read first time. To Com. on RLS. for assignment. [AB3177 Detail]

Download: California-2023-AB3177-Amended.html

Amended IN Assembly April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3177

Introduced by Assembly Member Wendy Carrillo

February 16, 2024

An act to amend Sections 66000 and 66005.1 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 3177, as amended, Wendy Carrillo. Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts.

Existing law, the Mitigation Fee Act, imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project. Existing law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within a ¹/₂ mile of a transit station. Existing law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station.

This bill would instead require the housing development to be located within a ¹/₂ mile of a transit priority area for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within ¹/₂ mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. ~~The~~

This bill would ~~also~~ prohibit a local agency from imposing a land dedication requirement, as defined, on a housing development for the purpose of mitigating vehicular traffic impacts or achieving an adopted traffic level of service related to vehicular ~~traffic.~~ traffic, unless the housing development is not located in a transit priority area and the housing development has a street frontage of 500 feet or more. The bill, notwithstanding that prohibition, would authorize a local agency to impose a land dedication requirement on a housing development for the purpose of street widening if the local agency makes a finding specific to the housing development project that the land dedication requirement is necessary to preserve the health, safety, and welfare of the public.

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: YES

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

SECTION 1.

Section 66000 of the Government Code is amended to read:

66000.

As used in this chapter, the following terms have the following meanings:

(a) “Development project” means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

(b) “Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).

(c) “Land dedication” means a physical exaction of property for public use without ~~compensation~~ compensation, whether imposed on an ad hoc or legislative basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

(d) “Local agency” means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.

(e) “Public facilities” includes public improvements, public services, and community amenities.

SEC. 2.

Section 66005.1 of the Government Code is amended to read:

66005.1.

(a) When a local agency imposes a fee on a housing development pursuant to Section 66001 for the purpose of mitigating vehicular traffic impacts, if that housing development satisfies all of the following characteristics, the fee, or the portion thereof relating to vehicular traffic impacts, shall be set at a rate that reflects a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments without these characteristics, unless the local agency adopts findings after a public hearing establishing that the housing development, even with these characteristics, would not generate fewer automobile trips than a housing development without those characteristics:

(1) The housing development is located within one-half mile of a transit priority area.

(2) Convenience retail uses, including a store that sells food, are located within one-half mile of the housing development.

(3) The housing development provides either the minimum number of parking spaces required by the local ordinance, or no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less.

(b) If a housing development does not satisfy the characteristics in subdivision (a), the local agency may charge a fee that is proportional to the estimated rate of automobile trip generation associated with the housing development.

(c) (1) A local agency shall not impose a land dedication requirement on a housing development pursuant to Section 66001 for the purpose of mitigating vehicular traffic impacts or achieving an adopted traffic level of service related to vehicular traffic.

(2) Notwithstanding paragraph (1), a local agency may impose a land dedication requirement on a housing development if both of the following conditions are met:
(A) The housing development is not located in a transit priority area.
(B) The housing development has a street frontage of 500 feet or more.
(3) Notwithstanding paragraph (1), a local government may impose a land dedication requirement on a housing development for the purpose of street widening if the local agency makes a finding, specific to the housing development project and supported by a preponderance of the evidence, that the land dedication requirement is necessary to preserve the health, safety, and welfare of the public.

(d) ~~As used in this section, “housing~~ (1) For purposes of this section:

“Housing development” means a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use.

~~(e)For the purposes of this section, “transit~~

(2) “Transit priority area” means the same as defined in paragraph (7) of subdivision (a) of Section 21099 of the Public Resources Code.

~~(f)~~

(e) This section shall become operative on January 1, 2011.

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.