HomeMy WebLinkAbout1987-03-10; City Council; 8913; Proposed Legislation Restricting Development Fees.
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-~, Cl~. OF CARLSBAD -AGENt BILL
AB# J?~i TITLE:
MTG. 3/l0/87
DEPT. cc __
RECOMMENDED ACTION:
PROPOSED LEGISLA Ti ON
RESTRICTING DEVELOPMENT FEES
That the City Council, by motion, oppose Assembly Bill No. 13.
ITEM EXPLANATION:
DEPT. HD. __ _
CITYATTY\IFA
CITY MGR,
17
~
The City Council, on April 15. 1986, in AB 8582, went on record as being in
opposition to AB No. 4225 (Leonard), which is essentially the same bill as
AB No. 13. The language of the bill has been changed to remove the
prohibition keeping a city from charging a fee or otherwise requiring an
exaction or dedkation from serving development outside the development for
which the fee, dedication, reservation, or exaction was charged. However, the
bill still prohibits a city from levying a fee for exaction that exceeds "the need
for the -public capital facility or improvement caused by the development".
This creuies a serious problem for a developing city such as Carlsbad because
then we would not be able to deal with the cumulative affects of multiple
development in an undeveloped area in an efficient and economical manner.
Therefore, this agenda bill has been prepared so that the City Council may
go on record as still being in opposition to AB No. 13 ( Leonard) in its present
form. If the City Council concurs, the action is to adopt the above motion and
direction the Mayor and City Manager to convey the opposition to the League
of California Cities and appropriate members of the Legislature, particularly
the Assembly's Local Government Committee.
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Cl"" ·-oF CARLSBAD -AGENf"""1BILL
AB# [S~A TITLE:
MTG. 4/15/86 PROPOSED LEGISLATION RESTRICTING
DEPT. CA DEVELOPMENT FEES
RECOMMENDED ACTION:
DEPT. HD.-
CITYATTYVF6'
CITY MGR.~.
That the City Council, by motion, oppose AB No.3479, AB No.3820,
AB No.4181, AB No.4335 and AB No.4277
ITEM EXPLANATION
The City Manager has asked our office to prepare this agenda bill
asking the City Council to go on record in opposition to the
following bills.
1. AB No.3479 (Harris) would shift the burden of proof in any
judicial action relating to a development fee to the City, who
would then have the burden of establishing that the fee does not
exceed the cost of the service for which it was imposed.
2. AB No.3820 (Costa) mandates that the City enter into
reimbursement agreements with developers for any portion of the
cost of a public facility which is not directly related to the
development itself.
3. AB No.4181 (Bader) provides that any development fee may not
exceed the need for facilities caused by that development alone .
Cumulative effect or general development impact fees would be
prohibited.
4. AB No.4335 (Leonard) is substantially identical to AB No.4181.
5. AB No.4277 (Ferguson) invalidates general impact fees which are
levied for the construction of infrastructure by requiring that
fees be used only for the specific facility or service for which
they are collected.
The adoption of these bills into law would seriously impact the
City's public facilities fee program. They woul~ make it more
difficult to collect developer fees and would significantly
strengthen a developer's ability to bring legal c~allenges against
those fees. If the City Council concurs your action is to adopt the
above motion. The City Manager would then convey our opposition to
the League of California Cities and appropriate members of the
legislature .
--
AMENDED IN ASSEMBLY JANUARY 16, 1987
CALIFORNIA LECISLATURE-1987-88 REGULAR 5mION
ASSEMBLY BILL No. 13
Introduced by Assembly Member Leonard
December 1, 1986
An act to add Chapter 11.5 (commencing' with Section
54976) to Part 1 of Division 2 of Title 5 of the Government
Code, relating to fees.
LEGISLATIVE COUNSEL'S DICFSI'
AB 13, as amended, Leonard. Development exactions:
public capital facilities and improvements. ·
Existing law authorizes counties and cities to impose fees
for various purposes.
This bill would prohibit any fees, charges, other exactions,
dedications, or reservations imposed by a city or county on a
development, as defined, for a public capital facility or
improvement, as defined, as a condition to the approval of the
development from exceeding the need for the facility or
improvement caused by the development. =Rte eta wel:tle.
else preftihit a puhlie eepital facility er impro¥ement trem
sel'Yiftg a aer,,elopftiteftt Mftef the eBe l'ftftt 19 sul,ject Ma tee;
eharge; ONOBOft, aeaieatieft, er P090PYftft8ft iffl:pesee ~ ~
eitf er eeunty fsr 4he eapital facility er impre·temeftt.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
98 ,4()
,--
' '
AB,13 -2-
The people of the State of Callfomia do enact as follows:
1 SECTION 1. Chapterll.5 (commencingwithSection
2 54976) is added to Part 1 of Division 2 of Title 5 of the
3 Government Code, to re.ad:
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CHAPTER 11.5. F'EEs FOR PuBLIC CAPITAL
FACILITIES AND IMPROVEMENTS
54976. As used in this chapter:
(a) .. Developmen~" means the construction,
reconstruction, demolition, rehabilitation, o.r alteration of
any commercial, residential, or industrial structure.
(b) .. Public capital facility or improvement," includes
the planning, acquisition, construction, repair,
replacement, rehabilitation, or improvement of streets
and roads, street lighting, bridges, overpasses, viaducts,
water storage and delivery systems, storm and sanitary
sewage systems, parks and plazas, sidewalks, bikeways,
landscaping, and transportation systems.
54977. Any fees, charges, other exactions, or
requirements for dedications or reservations, imposed by
a city or county on a development for a public capital
facility or improvement, as a condition of approval of the
development, shall not exceed the need for the public
capital facility or improvement caused by the
&e1i 1elopment, ftel' sheH tMl pelie eftl'ital f'eeility ep
impfOf/Cffleftt 9ef¥e e ae•t•elopment etl!eP tfttlft ~
Se'lelopment ._ is sul,jeet te e fee; eharge, MMP
eMeeaen, er demeatien er ,eservatieft ,e~emeftt
impeseEl ~ tfte ~ @ eoety fep tfte f)ttWie eft19Ual
faemty er im'.f'P8Yement. development.
54978. This chapter does not grant any additional
authority to levy or impose any fee, charge, exaction,
dedication, or reservation which is not otherwise
authorized by another provision of law nor does this
chapter grant authority to levy or impose a new fee,
charge, exaction, dedication, or reservation when other
provisions of law specifically prohibit the levy or
imposition of a fee, charge, other exaction, dedication, or
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