Gov. Code § 65915.3

Gov. Code § 65915.3

Monitoring feesTITLE 7. PLANNING AND LAND USE › DIVISION 1. PLANNING AND ZONING › CHAPTER 4.3. Density Bonuses and Other Incentives

Key provisions · Claude summary, not statute text

Prohibits recurring affordability “monitoring fees” on 100% affordable density bonus projects already monitored by TCAC, CalHFA, or HCD, with limited exceptions.

  • Definitions. Defines “housing development” (as in § 65915(i)) and “monitoring fee” (a recurring fee to ensure continued affordability under § 65915 or a local inclusionary ordinance). (a)
  • Fee prohibition. A city or county may not charge a monitoring fee if the project meets § 65915(b)(1)(G), received a density bonus, is under a recorded regulatory agreement with TCAC, CalHFA, or HCD, provided a fully executed Tax Credit Reservation Letter before building permit and a copy of the recorded agreement, and agreed to provide the state compliance monitoring document. (b)
  • Existing fees. Beginning January 1, 2025, a placed-in-service development meeting (b) is no longer subject to a monitoring fee. (c)
  • Exceptions. A fee may still be charged if the applicant uses a local incentive program producing deeper affordability or more units than state-monitored, or moderate-income units; accepts local funding with different affordability; or accepts other regional, state, or federal funding requiring local monitoring. (d)
  • No duty to monitor. A jurisdiction not collecting a monitoring fee under this section has no obligation to monitor the development for § 65915 compliance. (e)

Paraphrased from the statute text; each point cites its subdivision. Check the text before relying on it.

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§ 65915.35 subdivisions

Source. California Code text from the Legislature's bulk download (the same data as leginfo), reproduced character for character (spacing normalized). Current page on leginfo ↗

History. (Amended by Stats. 2025, Ch. 67, Sec. 108. (AB 1170) Effective January 1, 2026.)

Cites, in this navigator. Gov. Code § 65915

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