Planning and ZoningProcedures for Adopting Various Fees
Section § 66016
Before a local agency can introduce or increase any fee or service charge, it must hold a public meeting allowing community feedback. Interested parties should be notified at least 14 days in advance. The local agency needs to present cost data to the public at least 10 days before the meeting. The agency can't charge more than what's needed to provide the service unless voters approve. If extra revenue is generated, it must be used to reduce the charges. Fee changes must be enacted through an ordinance or resolution and can't be delegated. The meeting costs can be covered by the fees discussed. This law specifically applies to certain sections of the code mentioned. Any legal action against the fee decision should follow Section 66022.
Section § 66016.5
This law outlines the procedures that cities, counties, and special districts must follow when conducting an impact fee nexus study. Before adopting a development fee, a nexus study must first be established. The study should identify current service levels and proposed changes, explaining why the changes are necessary. If an existing fee is increased, prior assumptions and fees collected must be evaluated. For housing projects, fees should be calculated based on the size of the units unless a valid alternative metric is justified. Large jurisdictions need to include a capital improvement plan in the study. Public hearings with adequate notice are required before adopting studies, and they must be updated every eight years from 2022. Cities, counties, or districts can use a state-provided template for these studies. The section also clarifies definitions of terms like "city" and "development fee" and states that all standard compliance requirements remain in force.
Section § 66016.6
If a local agency in California wants to introduce a new fee or capacity charge, it must first estimate the cost to ensure the fee doesn't exceed the reasonable cost of providing the service. This decision must be backed by evidence and shared with the public at least 14 days before the relevant meeting.
Additionally, the law clarifies that definitions for terms like 'capacity charge,' 'fee,' and 'local agency' are as specified in another section. This statute doesn't eliminate the need for local agencies to follow other legal guidelines and constitutional requirements when setting these fees.
Section § 66017
This law explains how cities and counties in California must handle the setting or raising of fees related to development projects. Normally, any new fee or hike in an existing fee must undergo a process involving public notice and hearings, and can only take effect 60 days after the final decision is made.
In urgent situations where there is a threat to public health, safety, or welfare, local agencies can temporarily impose or increase a fee without following the usual procedures. This requires a supermajority vote (four-fifths) by the governing body and remains in effect for 30 days. The agency can extend this interim measure twice, each for an additional 30 days, with similar voting requirements and after holding a public hearing.
Section § 66018
This law requires local government agencies in California to hold a public hearing before adopting a new fee or increasing an existing one, unless another specific notice requirement already applies. The public must be informed about the time, place, and purpose of the meeting ahead of time. Costs for these hearings can be covered by the fees involved. However, this law does not apply to fees related to water, sewer, or electrical services.
Section § 66018.5
This law section states that the term "Local agency" in this chapter refers to the definition provided in another section, specifically Section 66000.
Section § 66019
This section details the process for cities, counties, and local agencies in California to notify the public about new or increased fees. A 'fee' here does not include certain charges like those for water, sewer, or electricity services. Interested parties, such as individuals or organizations, can request mailed or emailed notices about meetings regarding fee changes. These notices must be sent 14 days before the meeting and the related data on costs and funding must be available 10 days before. The actual implementation of any new or increased fee cannot start until 60 days after it is finalized, unless special procedures are followed. Additionally, any member of the public can present evidence if they believe a local agency's fee determination is insufficient, and the agency must consider this evidence and potentially adjust the fee.