Mitigation Fee Act: mitigating vehicular traffic impacts.
Summary
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. 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2025
Senate Passage
Jun 2025
Assembly Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Feb 12, 2025
Signed Oct 10, 2025
Maddy AI version diff · 6 comparisons
What changed between versions
05/27/25 - Amended Senate
→
07/07/25 - Amended Assembly
·
3 edits
·
Jul 7, 2025
MINOR
The Assembly amended SB 358 by expanding and reorganizing the list of qualifying locations that must be within one-half mile of a housing development to qualify for reduced traffic mitigation fees. New location types were added (community center, medical clinic or hospital, public library, K-12 school) and a specific statutory definition of 'restaurant' was introduced. The remaining changes are formatting and pagination adjustments.
ELIGIBILITY
The list of qualifying locations within one-half mile was expanded to include a community center, a medical clinic or hospital, a public library, and a school maintaining kindergarten through grade 12. Some existing items were reorganized (e.g., 'supermarket or grocery store' and 'pharmacy or drugstore' were combined into single entries).
DEFINITION
A new definition of 'restaurant' was added: a retail food establishment that prepares, serves, and vends food directly to the consumer. This narrows what counts as a qualifying restaurant location.
TECHNICAL
Page numbers changed from 97 to 96 and line numbering was adjusted throughout due to reformatting. The bill summary at the top was updated to reflect the new list of locations and the added definition.
Floor votes · Senate Jun 2, 2025 · Assembly Sep 3, 2025
How they voted
27–11
Passed · 2 other
Total votes 40
Jun 2, 2025
D
Democratic30
90% Yea
R
Republican10
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
11
Committee
4
Amendments
7
Oct 10, 2025
Signed into law
Approved by the Governor.
legislature
Sep 8, 2025
Upper · Passed
Assembly amendments concurred in. (Ayes 28. Noes 9. Page 2605.) Ordered to engrossing and enrolling.
upper
Sep 3, 2025
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 3, 2025
Lower · Passed
Read third time. Passed. (Ayes 53. Noes 14. Page 2869.) Ordered to the Senate.
lower
Aug 20, 2025
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 2.) (August 20).
lower
Jul 7, 2025
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 3, 2025
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 2).
lower
Jun 9, 2025
Committee
Referred to Com. on L. GOV.
lower
Jun 2, 2025
Upper · Passed
Read third time. Passed. (Ayes 27. Noes 11. Page 1378.) Ordered to the Assembly.
upper
May 27, 2025
Upper · Passed
Read third time and amended.
upper
May 19, 2025
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
May 1, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 30, 2025
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 968.) (April 30).
upper
Feb 19, 2025
Committee
Referred to Com. on L. GOV.
upper
Feb 12, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Josh Becker
DDemocratic
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