Authorizes, under certain circumstances, certain governing bodies of a city or county to impose linkage fees on certain developers. (BDR 22-373)

Existing law authorizes the governing body of a city or county to regulate and restrict the improvement of land, taking into account the availability of and need for affordable housing in the community. (NRS 278.020) Existing law further requires the governing bodies of certain cities and counties to: (1) ensure an adequate supply of affordable housing when implementing a master plan; (2) adopt certain measures to maintain and develop affordable housing to carry out the housing plan required in the master plan; and (3) report certain information relating to affordable housing to certain entities. (NRS 278.230, 278.235, 278.237) Existing law also authorizes the governing body of a city or county to adopt zoning regulations that, in relevant part, ensure the development of an adequate supply of affordable housing in the community. In exercising such power, the governing body of the city or county is authorized to use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning. (NRS 278.250) Existing law creates the Tahoe Regional Planning Agency as part of the Tahoe Regional Planning Compact and sets forth certain provisions regarding the governance of the Lake Tahoe region by the Agency, including provisions relating to the creation, review and amendment of a regional plan. (NRS 277.200) Section 1 of this bill authorizes, under certain circumstances, the governing body of a city or county which is located within any region governed by a regional planning agency created by interstate compact (currently the Lake Tahoe region) to impose a linkage fee if the regional plan adopted by such a regional planning agency calls for the development of affordable housing in the region and identifies the use of linkage fees and deed restrictions as tools for the development of affordable housing on the: (1) development of any residential units in the city or county which are 1,000 square feet or more; (2) construction of any addition to existing residential units which are 750 square feet or more; and (3) remodeling of any residential units if the value of the remodeling is estimated to be more than $100,000. Section 1 further: (1) requires such fees to be used for the purpose of paying certain fees to assist in the development of affordable housing units of a certain size which must be not more than 1,000 square feet per unit and subject to a deed restriction that requires the units to be sold or rented as affordable housing; and (2) prohibits such fees from being imposed on the development of residential units for affordable housing and certain construction or remodeling relating to accessory dwelling units that are or will be subject to a deed restriction that requires the units to be sold or rented as affordable housing. Section 2 of this bill applies the definitions in existing law relating to planning and zoning, including the definition for “affordable housing,” to the provisions of section 1. Section 4 of this bill provides that the powers granted by section 1 are subordinate to the powers of a regional planning agency created by interstate compact. Section 3 of this bill applies certain provisions relating to judicial relief from or review of any final action, decisions or order of a governing body to an action or proceeding which arises from the provisions of section 1.