Local government agencies may collect a fee or charge for filing, processing, and/or checking various applications and providing services. In order to levy a new fee or to approve an increase in an existing fee, a local agency must hold at least one public hearing on the matter. Public notice of the time and place of the meeting, a general explanation of the matter to be considered, and a statement that cost data is available for examination, must be mailed at least 14 days prior to the meeting to any interested individual who files a written request with the local agency for notice of meetings on new or increased fees or service charges (§66016). A notice containing this information must also be published in accordance with §6062(a).
At least 10 days prior to the meeting, the agency must make available the public data indicating the amount of cost or the estimated cost of providing the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenue.
Only the city council or board of supervisors has the authority to adopt a new fee, service charge, or increase thereof (§66016). The adoption or increase of a fee or charge must be made by ordinance or resolution and becomes effective 60 days following the final approving action (§66017).
Fees must not exceed the estimated reasonable cost of providing the service for which the fee is charged. Fees which exceed costs are considered to be special taxes subject to submittal to, and approval by, a popular vote of two-thirds of those electors voting on the issue (§66014).
Proposition 218, known as the "Right to Vote on Taxes Act,"
does not apply to the levying or increase in permit and/or application fees
other than to the extent that these fees must be proportional to the cost
of providing the service and may be reduced or repealed through the initiative
process. Please refer to OPR's publication A Planner's Guide To Financing
Public Improvements (1997) for a complete discussion of the applicability
of Proposition 218.
California's Community Redevelopment Act (Health and Safety Code §33330) authorizes cities and counties to establish redevelopment agencies for the purpose of adopting and implementing redevelopment plans. The Brown Act (Government Code §54950 et seq.) provides that the decisions of a redevelopment agency are public and any official action is subject to public notice and posting of agendas 72 hours prior to holding public meetings (Government Code §54954.2).
All section references given under this topic are to the Health and Safety Code unless otherwise noted.
Planning Commission: Prior to being forwarded to the legislative decision making body, a proposed plan or amendment must first be submitted to the planning commission for a determination and recommendation based upon the plan's conformity to the general plan. At least 72 hours prior to the meeting, an agenda containing a brief general description of the item and specifying the time and location of the meeting must be posted in a location freely accessible to the public (Government Code §54954.2). Within 30 days of receipt of the plan or amendment, the planning commission must forward its recommendation to the legislative body. If it fails to act within the 30 days, it is deemed to have waived its opportunity for providing a recommendation (§33347).
Project Area Committee: At the same time the plan or amendment is forwarded to the planning commission, it must also be forwarded to the Project Area Committee (PAC) if one has been formed pursuant to §33385. The committee may, if it chooses, prepare a report and recommendation for consideration by the legislative body (§33347.5).
Redevelopment Agency: The redevelopment agency must hold a public hearing to take action to approve a redevelopment plan. Public notice must be published in a newspaper of general circulation one (1) time per week for four (4) successive weeks prior to the hearing and include information pursuant to §33349. In addition, copies of the notice must be mailed to the last known owner as shown on the last equalized assessment roll of the county or city for each parcel of land in the area designated in the redevelopment plan. Notice must be sent, via first class mail, to all residents and businesses in the project area 30 days prior to the hearing. All notices must be mailed by certified mail with return receipt requested (§33349).
Notices must also be mailed to each agency responsible for levying property taxes within the project area including a statement of the proposed use of the tax increment other than being paid to the treasury (§33350.1).
Upon approval of the plan by the redevelopment agency, it must forward the plan and report (§33352) to the legislative body for adoption (§33351).
Legislative Decision Making Body: The legislative body must also hold a public hearing to adopt a redevelopment plan. Public notice of the hearing must be given by publication in a newspaper of general circulation in the county in which the area lies, one (1) time per week for four (4) successive weeks. The content of the notice must be consistent with the information as provided for under §33361 including, but not limited to, a description of the redevelopment area boundaries and the date, time, and place where public testimony may be given.
Any change to the plan or plan boundaries must first be referred back to the planning commission for review, recommendation, and response within 30 days (§33363.5).
Joint Hearing: Alternatively, the two hearings may be combined
into a single joint hearing pursuant to §33350 when the members of
the redevelopment agency are the same as the legislative body. Public notice
of the hearing must be given pursuant to §33349, §33350, and §33361,
as previously discussed. Adoption must then proceed by the legislative adoption
procedures pursuant to §33356.
Pursuant to the Subdivision Map Act, when a local agency has knowledge that a parcel or parcels of property have been divided in violation of the Act or of the local subdivision ordinance, it must send notice of its intent to record a notice of violation to the current owner. The notice must be sent by certified mail, contain a detailed description of the property, names of the property owners, and a statement of the opportunity for the owner to present evidence. It shall also provide a time, date, and place for a hearing at which the owner may present evidence to the legislative body or advisory agency why a notice should not be recorded. Further, is must also describe the violation and explanation of why the parcel(s) is not lawful under §66412.6.
A hearing of the matter must be held no sooner than 30 days and no later than 60 days from the date the notice was mailed. If the property owner does not inform the agency of their objection to recording a notice of violation within 15 days of receipt of the notice, the legislative body or advisory agency may record the notice of violation. Where the property owner has provided evidence, the legislative body or advisory agency must hold a hearing to determine whether or not the property is in violation. If determined not to be in violation, the agency must mail a clearance letter to the owner. If determined to be in violation, the notice of violation must be recorded with the county recorder.
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