Housing development projects: applications: fees and exactions.

(1) Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee and would require the agency that imposes the fee to provide the fee schedule to the development proponent without delay. The bill would specify that the preliminary fee and exaction estimate is for informational purposes only and does not affect the scope, amount, or time of payment of any fee or exaction, as specified. (2) Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified. This bill would, upon final approval of a housing development project, require a city, county, or city and county to 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 of the above-described determination of completeness transmitted to the applicant. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to 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 would require the agency to provide the development proponent with this information within 30 business days. The bill would state that the itemized list and good faith estimate is for informational purposes, is not 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. (3) Existing law requires a city, county, or special district that has an internet website to make specified information available on its internet website, as applicable, including a current schedule of fees, exactions, affordability requirements it has imposed that are applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. Existing law requires a city or county to request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. This bill would clarify that these provisions may not be construed to impose any obligation on any entity, including a development proponent, other than a city, county, or special district, as specified. The bill would also require the request from the city or county for the total amount of fees and exactions associated with the project to clearly state that the request does not create any obligation to respond and that the development proponent will not be subjected to any consequences for not responding or for the content of a response. (4) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5) By imposing new duties on local governments when receiving and reviewing certain development project applications, the 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.