SB 358: Mitigation Fee Act: mitigating vehicular traffic impacts.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 10, 2025Chaptered by Secretary of State. Chapter 515, Statutes of 2025.
2. October 10, 2025Approved by the Governor.
3. September 16, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 8, 2025Assembly amendments concurred in. (Ayes 28. Noes 9. Page 2605.) Ordered to engrossing and enrolling.
5. September 3, 2025In Senate. Concurrence in Assembly amendments pending.
6. September 3, 2025Read third time. Passed. (Ayes 53. Noes 14. Page 2869.) Ordered to the Senate.
7. August 21, 2025Read second time. Ordered to third reading.
8. August 20, 2025From committee: Do pass. (Ayes 11. Noes 2.) (August 20).
9. July 7, 2025Read second time and amended. Re-referred to Com. on APPR.
10. July 3, 2025From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 2).
11. June 9, 2025Referred to Com. on L. GOV.
12. June 3, 2025In Assembly. Read first time. Held at Desk.