California Legislature—2015–16 Regular Session

Assembly BillNo. 715


Introduced by Assembly Member Daly

February 25, 2015


An act to amend Section 65995 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 715, as introduced, Daly. Residential development: school facilities fees.

Existing law, the Planning and Zoning Law, limits the amount of fees, charges, dedications, or other requirements levied or imposed by state and local agencies on the planning, use, or development of real property for the construction or reconstruction of school facilities based upon assessable space, as defined. In the case of residential construction, existing law defines assessable space to mean 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.

This bill would revise the definition of assessable space to specify that a covered walkway, uncovered walkway, and enclosed walkway are excluded and that similarly excluded areas include, but are not limited to, a bike storage locker or detached personal property storage space that is not a part of the existing livable residential structure.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 65995 of the Government Code is
2amended to read:

3

65995.  

(a) Except for a fee, charge, dedication, or other
4requirement authorized under Section 17620 of the Education
5Code, or pursuant to Chapter 4.7 (commencing with Section
665970), a fee, charge, dedication, or other requirement for the
7construction or reconstruction of school facilitiesbegin delete mayend deletebegin insert shallend insert not
8be levied or imposed in connection with, or made a condition of,
9any legislative or adjudicative act, or both, by any state or local
10agency involving, but not limited to, the planning, use, or
11development of real property, or any change in governmental
12organization or reorganization, as defined in Section 56021 or
1356073.

14(b) Except as provided in Sections 65995.5 and 65995.7, the
15amount of any fees, charges, dedications, or other requirements
16authorized under Section 17620 of the Education Code, or pursuant
17to Chapter 4.7 (commencing with Section 65970), or both,begin delete mayend delete
18begin insert shallend insert not exceed the following:

19(1) In the case of residential construction, including the location,
20installation, or occupancy of manufactured homes and
21mobilehomes, one dollar and ninety-three cents ($1.93) per square
22foot of assessable space. “Assessable space,” for this purpose,
23means all of the square footage within the perimeter of a residential
24structure, not including any carport, begin insertcovered walkway, uncovered
25walkway, end insert
begin insertenclosed end insertwalkway, garage, overhang, patio, enclosed
26patio, detached accessory structure, or similarbegin delete area.end deletebegin insert area, including,
27but not limited to, a bike storage locker or detached personal
28property storage space that is not a part of the existing livable
29residential structure.end insert
The amount of the square footage within the
30perimeter of a residential structure shall be calculated by the
31building department of the city or county issuing the building
32permit, in accordance with the standard practice of that city or
33county in calculating structural perimeters. “Manufactured home”
34and “mobilehome” have the meanings set forth in subdivision (f)
35of Section 17625 of the Education Code. The application of any
36fee, charge, dedication, or other form of requirement to the location,
37installation, or occupancy of manufactured homes and
38mobilehomes is subject to Section 17625 of the Education Code.

P3    1(2) In the case of any commercial or industrial construction,
2thirty-one cents ($0.31) per square foot of chargeable covered and
3enclosed space. “Chargeable covered and enclosed space,” for this
4purpose, means the covered and enclosed space determined to be
5within the perimeter of a commercial or industrial structure, not
6including any storage areas incidental to the principal use of the
7construction, garage, parking structure, unenclosed walkway, or
8utility or disposal area. The determination of the chargeable
9covered and enclosed space within the perimeter of a commercial
10or industrial structure shall be made by the building department
11of the city or county issuing the building permit, in accordance
12with the building standards of that city or county. For the
13determination of chargeable fees to be paid to the appropriate
14school district in connection with any commercial or industrial
15construction under the jurisdiction of the Office of Statewide
16Health Planning and Development, the architect of record shall
17determine the chargeable covered and enclosed space within the
18perimeter of a commercial or industrial structure.

19(3) The amount of the limits set forth in paragraphs (1) and (2)
20shall be increased in 2000, and every two years thereafter,
21according to the adjustment for inflation set forth in the statewide
22cost index for class B construction, as determined by the State
23Allocation Board at its January meeting, which increase shall be
24effective as of the date of that meeting.

25(c) (1) Notwithstanding any otherbegin delete provision ofend delete law, during the
26term of a contract entered into between a subdivider or builder and
27a school district, city, county, or city and county, whether general
28law or chartered, on or before January 1, 1987, that requires the
29payment of a fee, charge, or dedication for the construction of
30school facilities as a condition to the approval of residential
31construction, neither Section 17620 of the Education Code nor this
32chapter applies to that residential construction.

33(2) Notwithstanding any other provision of state or local law,
34construction that is subject to a contract entered into between a
35person and a school district, city, county, or city and county,
36whether general law or chartered, after January 1, 1987, and before
37the operative date of the act that adds paragraph (3) that requires
38the payment of a fee, charge, or dedication for the construction of
39school facilities as a condition to the approval of construction, may
40not be affected by the act that adds paragraph (3).

P4    1(3) Notwithstanding any other provision of state or local law,
2until January 1, 2000, any construction not subject to a contract
3as described in paragraph (2) that is carried out on real property
4for which residential development was made subject to a condition
5relating to school facilities imposed by a state or local agency in
6connection with a legislative act approving or authorizing the
7residential development of that property after January 1, 1987, and
8before the operative date of the act adding this paragraph, shall be
9required to comply with that condition.

10Notwithstanding any other provision of state or local law, on
11and after January 1, 2000, any construction not subject to a contract
12as described in paragraph (2) that is carried out on real property
13for which residential development was made subject to a condition
14relating to school facilities imposed by a state or local agency in
15connection with a legislative act approving or authorizing the
16residential development of that property after January 1, 1987, and
17before the operative date of the act adding this paragraph, may not
18be subject to a fee, charge, dedication, or other requirement
19exceeding the amount specified in paragraphs (1) and (2) of
20subdivision (b), or, if a district has increased the limit specified in
21paragraph (1) of subdivision (b) pursuant to either Section 65995.5
22or 65995.7, that increased amount.

23(4) Any construction that is not subject to a contract as described
24in paragraph (2), or to paragraph (3), and that satisfies both of the
25requirements of this paragraph, may not be subject to any increased
26fee, charge, dedication, or other requirement authorized by the act
27that adds this paragraph beyond the amount specified in paragraphs
28(1) and (2) of subdivision (b).

29(A) A tentative map, development permit, or conditional use
30permit was approved before the operative date of the act that
31amends this subdivision.

32(B) A building permit is issued before January 1, 2000.

33(d) For purposes of this chapter, “construction” means new
34construction and reconstruction of existing building for residential,
35commercial, or industrial. “Residential, commercial, or industrial
36construction” does not include any facility used exclusively for
37religious purposes that is thereby exempt from property taxation
38under the laws of this state, any facility used exclusively as a
39private full-time day school as described in Section 48222 of the
40Education Code, or any facility that is owned and occupied by one
P5    1or more agencies of federal, state, or local government. In addition,
2“commercial or industrial construction” includes, but is not limited
3to, any hotel, inn, motel, tourist home, or other lodging for which
4the maximum term of occupancy for guests does not exceed 30
5days, but does not include any residential hotel, as defined in
6paragraph (1) of subdivision (b) of Section 50519 of the Health
7and Safety Code.

8(e) The Legislature finds and declares that the financing of
9school facilities and the mitigation of the impacts of land use
10approvals, whether legislative or adjudicative, or both, on the need
11for school facilities are matters of statewide concern. For this
12reason, the Legislature hereby occupies the subject matter of
13requirements related to school facilities levied or imposed in
14connection with, or made a condition of, any land use approval,
15whether legislative or adjudicative act, or both, and the mitigation
16of the impacts of land use approvals, whether legislative or
17adjudicative, or both, on the need for school facilities, to the
18exclusion of all other measures, financial or nonfinancial, on the
19subjects. For purposes of this subdivision, “school facilities” means
20any school-related consideration relating to a school district’s
21ability to accommodate enrollment.

22(f) Nothing in this section shall be interpreted to limit or prohibit
23the use of Chapter 2.5 (commencing with Section 53311) of
24Division 2 of Title 5 to finance the construction or reconstruction
25of school facilities. However, the use of Chapter 2.5 (commencing
26with Section 53311) of Division 2 of Title 5 may not be required
27as a condition of approval of any legislative or adjudicative act,
28or both, if the purpose of the community facilities district is to
29finance school facilities.

30(g) (1) The refusal of a person to agree to undertake or cause
31to be undertaken an act relating to Chapter 2.5 (commencing with
32Section 53311) of Division 2 of Title 5, including formation of,
33or annexation to, a community facilities district, voting to levy a
34special tax, or authorizing another to vote to levy a special tax,
35may not be a factor when considering the approval of a legislative
36or adjudicative act, or both, involving, but not limited to, the
37planning, use, or development of real property, or any change in
38governmental organization or reorganization, as defined in Section
3956021 or 56073, if the purpose of the community facilities district
40is to finance school facilities.

P6    1(2) If a person voluntarily elects to establish, or annex into, a
2community facilities district and levy a special tax approved by
3landowner vote to finance school facilities, the present value of
4the special tax specified in the resolution of formation shall be
5calculated as an amount per square foot of assessable space and
6that amount shall be a credit against any applicable fee, charge,
7dedication, or other requirement for the construction or
8reconstruction of school facilities. For purposes of this paragraph,
9the calculation of present value shall use the interest rate paid on
10the United States Treasury’s 30-year bond on the date of the
11formation of, or annexation to, the community facilities district,
12as the capitalization rate.

13(3) For purposes of subdivisions (f), (h), and (i), and this
14subdivision, “school facilities” means any school-related
15consideration relating to a school district’s ability to accommodate
16enrollment.

17(h) The payment or satisfaction of a fee, charge, or other
18requirement levied or imposed pursuant to Section 17620 of the
19Education Code in the amount specified in Section 65995 and, if
20applicable, any amounts specified in Section 65995.5 or 65995.7
21are hereby deemed to be full and complete mitigation of the
22impacts of any legislative or adjudicative act, or both, involving,
23but not limited to, the planning, use, or development of real
24property, or any change in governmental organization or
25reorganization as defined in Section 56021 or 56073, on the
26provision of adequate school facilities.

27(i) A state or local agency may not deny or refuse to approve a
28legislative or adjudicative act, or both, involving, but not limited
29to, the planning, use, or development of real property, or any
30change in governmental organization or reorganization as defined
31in Section 56021 or 56073 on the basis of a person’s refusal to
32provide school facilities mitigation that exceeds the amounts
33authorized pursuant to this section or pursuant to Section 65995.5
34or 65995.7, as applicable.



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