California Mitigation Act-Government Code

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 181-187

I. CALIFORNIA MITIGATION ACT—GOVERNMENT CODE

66000. As used in this chapter:

(a) “Development project” means any project undertaken for the purpose of

development. “Development project” includes a project involving the issuance

of a permit for construction or reconstruction, but not a permit to operate.

(b) “Fee” means a monetary exaction other than a tax or special assessment,

whether established for a broad class of projects by legislation of general appli-

cability or imposed on a specific project on an ad hoc basis, that is charged by a

local agency to the applicant in connection with approval of a development pro-

ject for the purpose of defraying all or a portion of the cost of public facilities re-

lated to the development project, but does not include fees specified in Section

66477, fees for processing applications for governmental regulatory actions or

approvals, fees collected under development agreements adopted pursuant to

Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected

pursuant to agreements with redevelopment agencies which provide for the re-

development of property in furtherance or for the benefit of a redevelopment

project for which a redevelopment plan has been adopted pursuant to the Com-

munity Redevelopment Law (Part 1 (commencing with Section 33000) of Di-

vision 24 of the Health and Safety Code.

(c) “Local agency” means a county, city, whether general law or chartered,

city and county, school district, special district, authority, agency, any other

municipal public corporation or district, or other political subdivision of the

state.

(d) “Public facilities” includes public improvements, public services and

community amenities.

66000.5. This chapter, Chapter 6 (commencing with Section 66010), Chapter 7

(commencing with Section 66012), Chapter 8 (commencing with Section

66016), and Chapter 9 (commencing with Section 66020) shall be known and

may be cited as the Mitigation Fee Act.

66001. (a) In any action establishing, increasing, or imposing a fee as a condi-

tion of approval of a development project by a local agency on or after January

1, 1989, the local agency shall do all of the following:

(1) Identify the purpose of the fee.

(2) Identify the use to which the fee is to be put. If the use is financing pub-

lic facilities, the facilities shall be identified. That identification may, but need

not, be made by reference to a capital improvement plan as specified in Section

65403 or 66002, may be made in applicable general or specific plan require-

ments, or may be made in other public documents that identify the public facili-

ties for which the fee is charged.

(3) Determine how there is a reasonable relationship between the fee’suse

and the type of development project on which the fee is imposed.

(4) Determine how there is a reasonable relationship between the need

for the public facility and the type of development project on which the fee is

imposed.

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APPENDICES