The bill addresses local housing growth restrictions and land dedication requirements.
Expansion of "Anti-Growth" Law Definition: Current law prohibits local governments from enacting measures that explicitly limit population growth or the number of residential development permits, except in specific emergency situations. This bill broadens the definition of such "anti-growth" laws to include any local regulations that impose additional restrictions on specific housing types beyond existing zoning or building codes. This means local governments cannot enact rules that single out particular housing styles or models with stricter limitations than those already established.
Land Dedication and Fee Options: When local governments require property owners to dedicate a portion of their land for public use (such as parks or open spaces) during development, there are standards that the land must meet. If a property doesn't meet these standards, this bill clarifies that local governments must offer the property owner the option to pay a fee instead of dedicating the land. This ensures that property owners have a clear alternative when their land isn't suitable for dedication.
In essence, the bill aims to prevent local governments from imposing additional restrictions on certain housing types and ensures property owners have the option to pay a fee when their land doesn't meet dedication standards.
Summary
Current law preempts any local governmental entity housing
growth restriction (anti-growth law) that explicitly limits the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development unless it is a temporary, nonrenewable anti-growth law following a declared disaster emergency. The bill clarifies that an anti-growth law also includes any
restriction that explicitly seeks to impose additional restrictions or limitations on a particular housing type that exceed a governmental entity's zoning or building codes.
The bill also clarifies when a local government must provide the
option of paying a fee in lieu of land dedication for a private property owner whose property does not meet the local government's standards for dedication.
