§ 65943.1. — 65943.1. (Added by Stats. 2024, Ch. 358, Sec. 3.)

California § 65943.1.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.5.: CHAPTER 4.5. Review and Approval of Development Projects
• Art. 3.: ARTICLE 3. Applications for Development Projects

Text

(a)
(1)
Upon final approval of a housing development project, the city, county, or city and county shall provide the development proponent with an itemized list and a good faith estimate of the total sum amount of all fees and exactions that will apply to the project within 30 business days.
(2)
For development fees imposed by an agency other than a
city, county, or city and county, including fees levied by a school district or a special district, the development proponent shall request the good faith estimate of the total sum amount of all fees and exactions imposed by the agency that will apply to the project, and the agency shall provide the development proponent with this information within 30 business days.
(b)
For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.
(c)
The itemized list and good faith estimate of the total sum amount of all fees and exactions described in subdivision (a)
shall be for informational purposes only, shall not be legally binding on the agency, and shall not be construed to affect the scope, amount, or time of payment of any fees or exactions applicable to the project pursuant to other law.
(d)
For purposes of this section:
(1)
(A)
“Exaction” means any of the following:
(i)
A construction excise tax.
(ii)
A requirement that the housing development project provide public art or an in-lieu payment.
(iii)
Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.
(iv)
A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(B)
“Exaction” does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.
(2)
“Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). “Fee” does not include
the cost of providing electrical or gas service from a local publicly owned utility.
(3)
“Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits.
(4)
“Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.
(5)
“Public agency” means a city, including a charter city, a county, including a charter county, or special district.

Legislative History

Added by Stats. 2024, Ch. 358, Sec. 3. (AB 1820) Effective January 1, 2025.