(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 8. Procedures for Adopting Various Fees
66016. (a) Prior to levying a new fee or service charge,
or prior to approving an increase in an existing fee
or service charge, a
local agency shall hold at least one open and public
meeting, at which oral or written presentations can
be made, as part of a
regularly scheduled meeting. Notice of the time and
place of the meeting, including a general explanation
of the matter to be
considered, and a statement that the data required by
this section is available, shall be mailed at least
14 days prior to the
meeting to any interested party who files a written
request with the local agency for mailed notice of
the meeting on new or
increased fees or service charges. Any written request
for mailed notices shall be valid for one year from
the date on which it is
filed unless a renewal request is filed. Renewal requests
for mailed notices shall be filed on or before April
1 of each year. The
legislative body may establish a reasonable annual charge
for sending notices based on the estimated cost of
providing the
service. At least 10 days prior to the meeting, the
local agency shall make available to the public data
indicating the amount of
cost, or estimated cost, required to provide the service
for which the fee or service charge is levied and the
revenue sources
anticipated to provide the service, including General
Fund revenues. Unless there has been voter approval,
as prescribed by
Section 66013 or 66014, no local agency shall levy a
new fee or service charge or increase an existing fee
or service charge to
an amount which exceeds the estimated amount required
to provide the service for which the fee or service
charge is levied. If,
however, the fees or service charges create revenues
in excess of actual cost, those revenues shall be used
to reduce the fee or
service charge creating the excess.
(b) Any action by a local agency to levy a new fee or
service charge or to approve an increase in an existing
fee or service
charge shall be taken only by ordinance or resolution.
The legislative body of a local agency shall not delegate
the authority
to adopt a new fee or service charge, or to increase
a fee or service charge.
(c) Any costs incurred by a local agency in conducting
the meeting or meetings required pursuant to subdivision
(a) may be
recovered from fees charged for the services which were
the subject of the meeting.
(d) This section shall apply only to fees and charges
as described in Sections 51287, 56383, 57004, 65104,
65456, 65863.7,
65909.5, 66013, 66014, and 66451.2 of this code, Sections
17951, 19132.3, and 19852 of the Health and Safety
Code, Section
41901 of the Public Resources Code, and Section 21671.5
of the Public Utilities Code.
(e) Any judicial action or proceeding to attack, review,
set aside, void, or annul the ordinance, resolution,
or motion levying
a fee or service charge subject to this section shall
be brought pursuant to Section 66022.
(Added by Stats. 1990, Ch. 1572. Amended by Stats. 1992,
Ch. 487; Amended by Stats. 1992, Ch. 487; Amended by
Stats.
1995, Ch. 657, and Stats. 1995, Ch. 686. Effective on
October 10, 1995.)
66017. (a) Any action adopting a fee or charge, or increasing
a fee or charge adopted, upon a development project,
as defined in
Section 66000, which applies to the filing, accepting,
reviewing, approving, or issuing of an application,
permit, or entitlement
to use shall be enacted in accordance with the notice
and public hearing procedures specified in Section
54986 or 66016 and
shall be effective no sooner than 60 days following
the final action on the adopting of the fee or charge
or increase in the fee or
charge.
(b) Without following the procedure otherwise required
for the adoption of a fee or charge, or increasing
a fee or charge, the
legislative body of a local agency may adopt an urgency
measure as an interim authorization for a fee or charge,
or increase in
a fee or charge, to protect the public health, welfare
and safety. The interim authorization shall require
four-fifths vote of the
legislative body for adoption. The interim authorization
shall have no force or effect 30 days after its adoption.
The interim
authority shall contain findings describing the current
and immediate threat to the public health, welfare
and safety. After
notice and public hearing to Section 54986 or 66016,
the legislative body may extend the interim authority
for an additional 30
days. Not more than two extensions may be granted. Any
extension shall also require a four-fifths vote of
the legislative body.
(Added by Stats. 1990, Ch. 1572.)
66018. (a) Prior to adopting an ordinance, resolution,
or other legislative enactment adopting a new fee or
approving an increase
in an existing fee to which this section applies, a
local agency shall hold a public hearing, at which
oral or written presentation
can be made, as part of a regularly scheduled meeting.
Notice of the time and place of the meeting, including
a general
explanation of the matter to be considered, shall be
published in accordance with Section 6062a.
(b) Any costs incurred by a local agency in conducting
the hearing required pursuant to subdivision (a) may
be recovered as
part of the fees which were the subject of the hearing.
(c) This section applies only to the adopting or increasing
of fees to which a specific statutory notice requirement,
other than
Section 94594.2, does not apply.
(d) As used in this section, "fees" do not
include rates or charges for water, sewer, or electrical
service.
(Added by Stats. 1990, Ch. 1572.)
66018.5. "Local agency" as used in this chapter,
has the same meaning as provided in Section 66000.
(Added by Stats. 1990, Ch. 1572.)