(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 6. Fees for Development Projects Reconstructed
After a Natural Disaster
66010. As used in this chapter:
(a) "Development project" means a development
project as defined in Section 66000.
(b) "Fee means a monetary exaction or a dedication,
other than a tax or special assessment, which is required
by a local
agency of the applicant in connection with approval
of a development project for the purpose of defraying
all or a portion of
the cost of public facilities related to the development
project, but does not include fees for processing applications
for
governmental regulatory actions or approvals.
(c) "Local agency" means a local agency, as
defined in Section 66000.
(d) "Public facilities" means public facilities,
as defined in Section 66000.
(e) "Reconstruction" means the reconstruction
of the real property, or portion thereof, where the
property after
reconstruction is substantially equivalent to the property
prior to damage or destruction.
(Amended by Stats. 1990, Ch. 1572.)
66011. No fee may be applied by a local agency to the
reconstruction of any residential, commercial, or industrial
development
project that is damaged or destroyed as a result of
a natural disaster, as declared by the Governor. Any
reconstruction of real
property, or portion thereof, which is not substantially
equivalent to the damaged or destroyed property, shall
be deemed to be
new construction and only that portion which exceeds
substantially equivalent construction may be assessed
a fee. The term
substantially equivalent, as used in this section, shall
have the same meaning as the term in subdivision (c)
of Section 70 of the
Revenue and Taxation Code.
(Added by Stats. 1988, Ch. 162.)