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. If a local agency imposes any fees or charges on designated residential developments for the construction of public improvements or facilities, existing law imposes various conditions on the fees and charges. Among these conditions, existing law prohibits the local agency from requiring the payment of those fees or charges until the date the first certificate of occupancy or first temporary certificate of occupancy is issued, whichever occurs first, except as specified. Existing law authorizes a local agency to require the payment of those fees or charges earlier if the local agency determines, among other things, that the fees or charges will be collected for, among other types of public improvements or facilities, public improvements or facilities related to providing fire, public safety, and emergency services to the residential development.
This bill would specify that the public improvements or facilities related to providing fire, public safety, and emergency services for which a local agency may require the earlier payment of fees and charges under the above-described provisions include parkland and recreational facilities when identified in the local agency's hazard mitigation plan or related general plan element for those uses.

Statutes affected:
SB 499: 4291.5 PRC
02/19/25 - Introduced: 4291.5 PRC
03/26/25 - Amended Senate: 66007 GOV, 66007 GOV, 4291.5 PRC