(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 4.9. Payments of Fees, Charges, Dedications,
or Other Requirements Against a Development Project
65995. (a) Except for a fee, charge, dedication or other
requirement authorized under Section 53080, or pursuant
to Chapter 4.7
(commencing with Section 65970), no fee, charge, dedication,
or other requirement shall be levied by the legislative
body of a
local agency against a development project, as defined
in Section 53080, whether by administrative or legislative
action, for
the construction or reconstruction of school facilities.
(b) In no event shall the amount of any fees, charges,
dedications, or other requirements, authorized under
Section 53080, or
pursuant to Chapter 4.7 (commencing with Section 65970),
or both, exceed the following:
(1) One dollar and fifty cents ($1.50) per square foot
of assessable space, in the case of any residential
development.
"Assessable space," for this purpose, means
all of the square footage within the perimeter of a
residential structure, not
including any carport, walkway, garage, overhang, patio,
enclosed patio, detached accessory structure, or similar
area. The
amount of the square footage within the perimeter of
a residential structure shall be calculated by the
building department of
the city or county issuing the building permit, in accordance
with the standard practice of that city or county in
calculating
structural perimeters.
(2) In the case of any commercial or industrial development,
twenty-five cents ($0.25) per square foot of chargeable
covered
and enclosed space.
"Chargeable covered and enclosed space," for
this purpose, means the covered and enclosed space
determined to be within
the perimeter of a commercial or industrial structure,
not including any storage areas incidental to the principal
use of the
development, garage, parking structure, unenclosed walkway,
or utility or disposal area. The determination of the
chargeable
covered and enclosed space within the perimeter of a
commercial or industrial structure shall be made by
the building
department of the city or county issuing the building
permit in accordance with the building standards of
that city or county.
(3) The amount of the limits set forth in paragraphs
(1) and (2) shall be increased in 1990, and every two
years thereafter,
according to the adjustment for inflation set forth
in the statewide cost index for class B construction,
as determined by the
State Allocation Board at its January meeting, which
increase shall be effective as of the date of that
meeting. The State
Allocation Board shall not raise the amount of the district
matching share calculated under Section 17705.5 of
the Education
Code, as a result of the increase under this paragraph,
until at least 90 days after the date of that increase.
(c) (1) Notwithstanding any other provision of law,
during the term of any contract entered into between
a subdivider or
builder and a school district, city, county, or city
and county, whether general law or chartered, on or
before January 1, 1987,
that requires the payment of a fee, charge, or dedication
for the construction of school facilities as a condition
to the approval
of residential development, neither Section 53080 nor
this chapter applies to that residential development.
(2) Any development project for which a final map was
approved and
construction had commenced on or before September 1,
1986, is subject to only the fee, charge, dedication,
or other
requirement prescribed in any local ordinance in existence
on that date and applicable to the project.
(d) For purposes of Section 53080 and this chapter,
"residential, commercial, or industrial development"
does not include
any facility used exclusively for religious purposes
that is thereby exempt from property taxation under
the laws of this state,
any facility used exclusively as a private full-time
day school as described in Section 48222 of the Education
Code, or any
facility that is owned and occupied by one or more agencies
of federal, state, or local government. In addition,
"commercial or
industrial development" includes, but is not limited
to, any hotel, inn, motel, tourist home, or other lodging
for which the
maximum term of occupancy for guests does not exceed
30 days, but does not include any residential hotel,
as defined in
paragraph (1) of subdivision (b) of Section 50519 of
the Health and Safety Code.
(e) The Legislature finds and declares that the subject
of the financing of school facilities with development
fees is a matter
of statewide concern. For this reason the Legislature
hereby occupies the subject matter of mandatory development
fees and
other development requirements for school facilities
finance to the exclusion of all local measures on the
subject.
(f) Nothing in this section shall be interpreted to
limit or prohibit the use of Chapter 2.5 (commencing
with Section 53311)
of Division 2 of Title 5 to finance the construction
or reconstruction of school facilities.
(g) This section shall remain in effect only until the
date that Assembly Constitutional Amendment 6 of the
1991-1992
Regular Session fails to receive the approval of a majority
of the voters voting on the measure, and as of that
date this section
is repealed.
(Added by Stats. 1992, Ch. 1354.)
65995. (a) Except for a fee, charge, dedication, or
other requirement authorized under Section 53080, or
pursuant to Chapter 4.7
(commencing with Section 65970), no fee, charge, dedication,
or other requirement shall be levied by the legislative
body of a
local agency against a development project, as defined
in Section 53080, for the construction or reconstruction
of school
facilities.
(b) In no event shall the amount of any fees, charges,
dedications, or other requirements authorized under
Section 53080, or
pursuant to Chapter 4.7 (commencing with Section 65970),
or both, exceed the following:
(1) One dollar and fifty cents ($1.50) per square foot
of assessable space, in the case of any residential
development.
"Assessable space," for this purpose, means
all of the square footage within the perimeter of a
residential structure, not
including any carport, walkway, garage, overhang, patio,
enclosed patio, detached accessory structure, or similar
area. The
amount of the square footage within the perimeter of
a residential structure shall be calculated by the
building department of
the city or county issuing the building permit, in accordance
with the standard practice of that city or county in
calculating
structural perimeters.
(2) In the case of any commercial or industrial development,
twenty-five cents ($0.25) per square foot of chargeable
covered
and enclosed space.
"Chargeable covered and enclosed space," for
this purpose, means the covered and enclosed space
determined to be within
the perimeter of a commercial or industrial structure,
not including any storage areas incidental to the principal
use of the
development, garage, parking structure, unenclosed walkway,
or utility or disposal area. The determination of the
chargeable
covered and enclosed space within the perimeter of a
commercial or industrial structure shall be made by
the building
department of the city or county issuing the building
permit, in accordance with the building standards of
that city or county.
(3) The amount of the limits set forth in paragraphs
(1) and (2) shall be increased in 1990, and every two
years thereafter,
according to the adjustment for inflation set forth
in the statewide cost index for class B construction,
as determined by the
State Allocation Board at its January meeting, which
increase shall be effective as of the date of that
meeting. The State
Allocation Board shall not raise the amount of the district
matching share calculated under Section 17705.5 of
the Education
Code, as a result of the increase under this paragraph,
until at least 90 days after the date of that increase.
(c) (1) Notwithstanding any other provision of law,
during the term of any contract entered into between
a subdivider or
builder and a school district, city, county, or city
and county, whether general law or chartered, on or
before January 1, 1987,
that requires the payment of a fee, charge, or dedication
for the construction of school facilities as a condition
to the approval
of residential development, neither Section 53080 nor
this chapter applies to that residential development.
(2) Any development project for which a final map was
approved and construction had commenced on or before
September
1, 1986, is subject to only the fee, charge, dedication,
or other requirement prescribed in any local ordinance
in existence on
that date and applicable to the project.
(d) For purposes of Section 53080 and this chapter,
"residential, commercial, or industrial development"
does not include
any facility used exclusively for religious purposes
that is thereby exempt from property taxation under
the laws of this state,
any facility used exclusively as a private full-time
day school as described in Section 48222 of the Education
Code, or any
facility that is owned and occupied by one or more agencies
of federal, state, or local government. In addition,
"commercial or
industrial development" includes, but is not limited
to, any hotel, inn, motel, tourist home, or other lodging
for which a
maximum term of occupancy for guests does not exceed
30 days, but does not include any residential hotel,
as defined in
paragraph (1) of subdivision (b) of Section 50519 of
the Health and Safety Code.
(e) The Legislature finds and declares that the subject
of the financing of school facilities with development
fees is a matter
of statewide concern. For this reason the Legislature
hereby occupies the subject matter of mandatory development
fees and
other development requirements for school facilities
finance to the exclusion of all local measures on the
subject.
(f) Nothing in this section shall be interpreted to
limit or prohibit the use of Chapter 2.5 (commencing
with Section 53311)
of Division 2 of Title 5 to finance the construction
or reconstruction of school facilities.
(g) This section shall become inoperative on January
1, 1993, and shall remain inoperative until the date
that Assembly
Constitutional Amendment 6 of the 1991-1992 Regular
Session fails to receive the approval of a majority
of the voters voting
on the measure, and as of that date this section shall
become operative.
(Added by Stats. 1986, Ch. 887; Amended by Stats. 1988,
Ch. 29; Amended by Stats. 1989, Ch. 1209. Effective
October 1,
1989; Amended by Stats. 1992, Ch. 1354.)
65995.1 (a) Notwithstanding any other provision of law,
as to any development project for the construction
of senior citizen
housing, as described in Section 51.3 of the Civil Code,
a residential care facility for the elderly as described
in subdivision (k)
of Section 1569.2 of the Health and Safety Code, or
a multilevel facility for the elderly as described
in paragraph (9) of
subdivision (d) of Section 15432, any fee, charge, dedication,
or other form of requirement that is levied under Section
53080
may be applied only to new construction, and is subject
to the limits and conditions applicable under subdivision
(b) of Section
65995 in the case of commercial or industrial development.
(b) Notwithstanding any other provision of law, as to
any development project for the construction of agricultural
migrant
worker housing financed in whole or part pursuant to
Chapter 8.5 (commencing with Section 50710) of Part
2 of Division 31
of the Health and Safety Code, no fees, charges, dedications,
or other forms of requirements that are levied under
Section
53080 shall be applied to new construction, reconstruction,
or rehabilitation of this housing. The exemption provided
by this
subdivision shall be applicable only to that agricultural
migrant worker housing which is owned by the state
and which is
subject to a contract ensuring compliance with the requirements
of Chapter 8.5 (commencing with Section 50710) of Part
2 of
Division 31 of the Health and Safety Code.
(c) Any development project against which school facilities
fees or other requirements have been levied or waived
in
accordance with the limit or exemption set forth in
subdivision (a) or (b) may be converted to any use
other than those uses
described in the statutes cited in that subdivision
only with the approval of the city or county that issued
the building permit for
the project. That approval shall not be granted absent
certification by the appropriate school district that
payment has been
made on the part of the development project at the rate
of the school facilities fee, charge, dedication, or
other form of
requirement applied by the district under Section 53080
to residential development as of the date of conversion,
less the
amount of any school facilities fees or other requirements
paid on the part of the project in accordance with
the limits set forth
in subdivision (a) or (b).
(Added by Stats. 1988, Ch. 29; Amended by Stats. 1989,
Ch. 1209. Effective October 1, 1989; Amended by Stats.
1990, Ch.
633. Effective September 11, 1990; Amended by Stats.
1991, Ch. 536. Effective October 5, 1991.)
65995.2. (a) Notwithstanding any other provision of
law, the imposition of any fee, charge, dedication,
or other requirement
authorized under Section 53080, or Chapter 4.7 (commencing
with Section 65970), or both, against any manufactured
home or
mobilehome that is located within a mobilehome park,
or subdivision, cooperative, or condominium for mobilehomes,
in
which residence is limited to older persons, as defined
pursuant to the federal Fair Housing Amendments Act
of 1988, is
subject to the limits and conditions that are applicable
under subdivision (b) of Section 65995 in the case
of commercial and
industrial development.
(b) Any mobilehome park, or subdivision, cooperative,
or condominium for mobilehomes, in which school facilities
fees,
charges, dedications, or other requirements have been
imposed against one or more manufactured homes or mobilehomes
in
accordance with the limit set forth in subdivision (a)
may subsequently choose to permit the residence of
persons other than
older persons, in which event it shall so notify the
appropriate school district and city or county. As
a condition of the first sale,
subsequent to that notification, of each manufactured
home or mobilehome in the mobilehome park, or subdivision,
cooperative, or condominium for mobilehomes, payment
shall be made to the school district in the amount
of the school
facilities fee or other requirement applied by the district
under Section 53080, or Chapter 4.7 (commencing with
Section
65970), or both, to residential development as of the
date of that sale, less the amount of any school facilities
fees, charges,
dedications, or other requirements imposed against that
manufactured home or mobilehome in accordance with
the limits
described in subdivision (a). Any prospective purchaser
of a manufactured home or mobilehome that is subject
to the
requirement set forth in this subdivision shall be given
written notice of the existence of that requirement
by the seller prior to
entering into any contract for that purchase.
(c) Compliance on the part of any manufactured home
or mobilehome with any additional fee or other requirement
applied
by the school district pursuant to subdivision (b),
and certification by the appropriate school district
of that compliance, shall
be required as a condition of the following, as applicable:
(1) The close of escrow of the first sale of the manufactured
home or mobilehome following the notice required by
subdivision (b), where the manufactured home or mobilehome
is to be located, installed, or occupied in a mobilehome
park
that has chosen to permit the residence of persons other
than older persons pursuant to subdivision (b) and
the sale or transfer
of the manufactured home or mobilehome is subject to
escrow as provided in Section 18035 or 18035.2 of the
Health and
Safety Code.
(2) The approval of the manufactured home or mobilehomes
for initial occupancy pursuant to Section 18551 or
18613 of the
Health and Safety Code following the notice required
by subdivision (b), where the manufactured home or
mobilehome is to
be located, installed, or occupied in a mobilehome park
that has chosen to permit the residence of persons
other than older
persons pursuant to subdivision (b), in the event that
paragraph (1) does not apply.
(Added by Stats. 1989, Ch. 1209. Effective October 1,
1989.)
65995.3. (a) In addition to the fee, charge, dedication,
or other requirement specified in subdivision (b) of
Section 65995, an
additional fee, charge, dedication, or other requirement
of one dollar ($1) per square foot of assessable space
may be levied by
the governing board of a school district against that
residential construction described in subparagraphs
(B) and (C) of
paragraph (1) of subdivision (a) of Section 53080 for
the construction or reconstruction of school facilities.
(b) This section shall remain in effect only until the
date that Assembly Constitutional 6 of the 1991-1992
Regular Session
fails to receive the approval of a majority of the voters
voting on the measure, and as of that date this section
is repealed.
(Added by Stats. 1992, Ch. 1354.)
65996. (a) The following provisions shall be the exclusive
methods of mitigating environmental effects related
to the adequacy of
school facilities when considering the approval or the
establishment of conditions for the approval of a development
project,
by administrative or legislative action pursuant to
Division 13 (commencing with Section 21000) of the
Public Resources
Code:
(1) Chapter 22 (commencing with Section 17700) of Part
10 of the Education Code.
(2) Chapter 25 (commencing with Section 17785) of Part
10 of the Education Code.
(3) Chapter 28 (commencing with Section 17870) of Part
10 of the Education Code.
(4) Article 2.5 (commencing with Section 39327) of Chapter
3 of Part 23 of the Education Code.
(5) Section 53080 of the Government Code.
(6) Chapter 2.5 (commencing with Section 53311) of Division
2 of Title 5 of the Government Code.
(7) Chapter 4.7 (commencing with Section 65970) of Division
1 of Title 7 of the Government Code.
(b) No public agency shall, pursuant to Division 13
(commencing with Section 21000) of the Public Resources
Code or Title
7 (commencing with Section 65000), deny approval of
a project on the basis of the adequacy of school facilities,
or impose
conditions on the approval of a project for the purpose
of providing school facilities that exceed the amounts
authorized
pursuant to this chapter.
(c) This section shall have prospective application
only, and shall not affect any action taken by a local
agency prior to the
effective date of this section.
(d) This section shall remain in effect only until the
date that Assembly Constitutional Amendment 6 of the
1991-1992
Regular Session fails to receive the approval of a majority
of the voters voting on the measure, and as of that
date this section
is repealed.
(Added by Stats. 1986, Ch. 887, Amended by Stats. 1988,
Ch. 160; Amended by Stats. 1989, Ch. 1209. Effective
October 1,
1989; Added by Stats. 1992, Ch. 1354.)
65996. (a) The following provisions shall be the exclusive
methods of mitigating environmental effects related
to the adequacy of
school facilities when considering the approval or the
establishment of conditions for the approval of a development
project, as
defined in Section 53080 pursuant to Division 13 (commencing
with Section 21000) of the Public Resources Code:
(1) Chapter 22 (commencing with Section 17700) of Part
10 of the Education Code.
(2) Chapter 25 (commencing with Section 17785) of Part
10 of the Education Code.
(3) Chapter 28 (commencing with Section 17870) of Part
10 of the Education Code.
(4) Article 2.5 (commencing with Section 39327) of Chapter
3 of Part 23 of the Education Code.
(5) Section 53080 of the Government Code.
(6) Chapter 2.5 (commencing with Section 53311) of Division
2 of Title 5 of the Government Code.
(7) Chapter 4.7 (commencing with Section 65970) of Division
1 of Title 7 of the Government Code.
(b) No public agency shall, pursuant to Division 13
(commencing with Section 21000) of the Public Resources
Code or
Division 2 (commencing with Section 66410), of this
code, deny approval of a project on the basis of the
adequacy of school
facilities.
(c) This section shall become inoperative on January
1, 1993, and shall remain inoperative until the date
that Assembly
Constitutional Amendment 6 of the 1991-92 Regular Session
fails to receive the approval of a majority of the
voters voting on
the measure, and as of that date this section shall
become operative.
(Added by Stats. 1986, Ch. 887; Amended by Stats. 1988,
Ch.160; Amended by Stats. 1989, Ch. 1209. Effective
October 1,
1989; Amended by Stats. 1992, Ch. 1354.)
65997. (Repealed by Stats. 1994, Ch. 19. Effective March 15, 1994.)