CaliforniaMitigation Fee Act: mitigating vehicular traffic impacts.
What it does
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 that fee, if the housing development satisfies all of certain prescribed characteristics, to reflect a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments without the prescribed characteristics, unless the local agency adopts findings after a public hearing establishing that the housing development, even with those characteristics, would not generate fewer automobile trips than a housing development without those characteristics.
More detail
This bill would require those findings to be supported by substantial evidence in the record before or as part of the housing development project approval process.
Existing law specifies one of those prescribed characteristics described above is that 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 2-bedroom units, and 2 onsite parking spaces for 3 or more bedroom units, whichever is less. Under existing law, another prescribed characteristic is that convenience retail uses, as specified, are located within 12 mile of the housing development.
This bill would revise the characteristic relating to parking spaces, to instead, specify that the housing development provides no more than one onsite parking space for zero- to 2-bedroom units, and 2 onsite parking spaces for 3 or more bedroom units. The bill would eliminate the characteristic related to convenience retail uses, and instead would add a characteristic that the housing development is located within 12 mile from 3 or more specified locations, including, among other locations, a supermarket or grocery store, a pharmacy or drugstore, or a restaurant, as defined.
Existing law authorizes a local agency, if a housing development does not satisfy all the prescribed characteristics, to charge a fee that is proportional to the estimated rate of automobile trip generation associated with the housing development.
This bill would eliminate that express authorization.
By imposing a mandate on local agencies that approve housing development projects with regard to impact fees, this bill would impose a state-mandated local program.
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.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 10Chaptered by Secretary of State. Chapter 515, Statutes of 2025.Latest
- Oct 10Approved by the Governor Gavin Newsom.Became Law
- Sep 16Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 8Assembly amendments concurred in. (Ayes 28. Noes 9. Page 2605.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB358 Becker Concurrence. Result: pass.Upper
- Sep 3In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 358 Becker Senate Third Reading By Ward. Result: pass.Lower
- Sep 3Read third time. Passed. (Ayes 53. Noes 14. Page 2869.) Ordered to the Senate.Passed Assembly
- Aug 21Read second time. Ordered to third reading.Minor
- Aug 20From committee: Do pass. (Ayes 11. Noes 2.) (August 20).Minor
- Vote recorded Do pass. Result: pass.Lower
- Jul 7Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 3From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 2).Major
- Jul 2
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 9Referred to Com. on L. GOV.Minor
- Jun 3In Assembly. Read first time. Held at Desk.Minor
- Jun 2Read third time. Passed. (Ayes 27. Noes 11. Page 1378.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading. Result: pass.Upper
- May 28Read second time. Ordered to third reading.Minor
- May 27Ordered to second reading.Minor
- May 27Read third time and amended.Major
- May 20Read second time. Ordered to third reading.Minor
- May 19From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- May 9Set for hearing May 19.
- May 1Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 30From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 968.) (April 30).Major
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Apr 11Set for hearing April 30.
- Apr 10April 23 set for first hearing canceled at the request of author.
- Mar 24Set for hearing April 23.
- Feb 19Referred to Com. on L. GOV.Minor
- Feb 13From printer. May be acted upon on or after March 15.
- Feb 12Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced