Amended in Senate June 23, 2015

Amended in Assembly May 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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 or uncovered walkway is begin delete excluded and that a detached accessory structure includes a detached bike storage locker. end delete begin insert excluded. end insert

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

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

SECTION 1.  

Section 65995 of the Government Code is
amended to read:

65995.  

(a) Except for a fee, charge, dedication, or other
requirement authorized under Section 17620 of the Education
Code, or pursuant to Chapter 4.7 (commencing with Section
65970), a fee, charge, dedication, or other requirement for the
construction or reconstruction of school facilities shall not be levied
or imposed in connection with, or made a condition of, any
legislative or adjudicative act, or both, by any state or local agency
involving, but not limited to, the planning, use, or development of
real property, or any change in governmental organization or
reorganization, as defined in Section 56021 or 56073.

(b) Except as provided in Sections 65995.5 and 65995.7, the
amount of any fees, charges, dedications, or other requirements
authorized under Section 17620 of the Education Code, or pursuant
to Chapter 4.7 (commencing with Section 65970), or both, shall
not exceed the following:

(1) In the case of residential construction, including the location,
installation, or occupancy of manufactured homes and
mobilehomes, one dollar and ninety-three cents ($1.93) per square
foot of assessable space. “Assessable space,” for this purpose,
means all of the square footage within the perimeter of a residential
structure, not including any carport, covered or uncovered
walkway, garage, overhang, patio, enclosed patio, detached
accessory structure, begin delete including a detached bike storage locker, end delete 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. “Manufactured home” and
“mobilehome” have the meanings set forth in subdivision (f) of
Section 17625 of the Education Code. The application of any fee,
charge, dedication, or other form of requirement to the location,
installation, or occupancy of manufactured homes and
mobilehomes is subject to Section 17625 of the Education Code.

(2) In the case of any commercial or industrial construction,
thirty-one cents ($0.31) 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
construction, 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. For the
determination of chargeable fees to be paid to the appropriate
school district in connection with any commercial or industrial
construction under the jurisdiction of the Office of Statewide
Health Planning and Development, the architect of record shall
determine the chargeable covered and enclosed space within the
perimeter of a commercial or industrial structure.

(3) The amount of the limits set forth in paragraphs (1) and (2)
shall be increased in 2000, 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.

(c) (1) Notwithstanding any other law, during the term of a
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 construction,
neither Section 17620 of the Education Code nor this chapter
applies to that residential construction.

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

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

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

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

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

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

(d) For purposes of this chapter, “construction” means new
construction and reconstruction of existing building for residential,
commercial, or industrial. “Residential, commercial, or industrial
construction” 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 construction” 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 financing of
school facilities and the mitigation of the impacts of land use
approvals, whether legislative or adjudicative, or both, on the need
for school facilities are matters of statewide concern. For this
reason, the Legislature hereby occupies the subject matter of
requirements related to school facilities levied or imposed in
connection with, or made a condition of, any land use approval,
whether legislative or adjudicative act, or both, and the mitigation
of the impacts of land use approvals, whether legislative or
adjudicative, or both, on the need for school facilities, to the
exclusion of all other measures, financial or nonfinancial, on the
subjects. For purposes of this subdivision, “school facilities” means
any school-related consideration relating to a school district’s
ability to accommodate enrollment.

(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. However, the use of Chapter 2.5 (commencing
with Section 53311) of Division 2 of Title 5 may not be required
as a condition of approval of any legislative or adjudicative act,
or both, if the purpose of the community facilities district is to
finance school facilities.

(g) (1) The refusal of a person to agree to undertake or cause
to be undertaken an act relating to Chapter 2.5 (commencing with
Section 53311) of Division 2 of Title 5, including formation of,
or annexation to, a community facilities district, voting to levy a
special tax, or authorizing another to vote to levy a special tax,
may not be a factor when considering the approval of a legislative
or adjudicative act, or both, involving, but not limited to, the
planning, use, or development of real property, or any change in
governmental organization or reorganization, as defined in Section
56021 or 56073, if the purpose of the community facilities district
is to finance school facilities.

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

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

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

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