College and university student housing: impact mitigation fees.

Existing law authorizes the governing board of any school district to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district, as provided. Existing law, the Planning and Zoning Law, limits the amount of fees, charges, dedications, and other requirements levied or imposed by state and local agencies on the planning, use, or development of real property for the construction or reconstruction of school facilities based upon assessable space, as defined. Existing law exempts certain facilities from these charges, including any facility owned and occupied by a federal, state, or local entity. This bill would prohibit a school district from levying a fee, charge, dedication, or other requirement against the construction or operation of a college or university student housing facility, as defined. The bill would require the owner of the facility to pay the school impact mitigation fee for a unit of the facility if a child residing in that unit attends a school of the district. The bill would require the owner of a facility to record a covenant in favor of the school district requiring the owner to pay the school impact mitigation fee as provided, and submit a report to the school district each year disclosing each unit that houses a child attending a school of the district and the assessable area of each of those units. This bill would require a developer of a college or university student housing facility to notify the appropriate school districts of their intent to construct and operate a college or university student housing facility, as specified. The bill would require a developer that proposes to convert a college or university student housing facility to any other use to obtain the approval of the city or county that issued the original building permit after all school impact mitigation fees have been paid, as provided. By imposing additional duties on local agencies, 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.