Laserfiche WebLink
<br />6 <br />Legislative Guidance <br />The objectives of the study, the methodologies used to complete the study, and the proposed schedule <br />of fees were significantly influenced by Article 13C of the California Constitution and Section 66014 of <br />the California Government Code. <br /> <br />Article 13C states that the local government bears the burden of proving by a preponderance of the <br />evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to <br />cover the reasonable costs of the governmental activity, and that the manner in which those costs are <br />allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits <br />received from, the governmental activity. Additionally, Article 13C identifies the following as items that <br />are not defined as taxes: <br />1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that <br />is not provided to those not charged, and which does not exceed the reasonable costs to the <br />local government of conferring the benefit or granting the privilege. <br />2) A charge imposed for a specific government service or product provided directly to the payor <br />that is not provided to those not charged, and which does not exceed the reasonable costs to <br />the local government of providing the service or product. <br />3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses <br />and permits, performing investigations, inspections, and audits, enforcing agricultural marketing <br />orders, and the administrative enforcement and adjudication thereof. <br />4) A charge imposed for entrance to or use of local government property, or the purchase, rental, <br />or lease of local government property. <br />5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a <br />local government, as a result of a violation of law. <br />6) A charge imposed as a condition of property development. <br />7) Assessments and property-related fees imposed in accordance with the provisions of Article XIII <br />D. <br /> <br />Section 66014(a) of the California Government Code includes the following, “Notwithstanding any other <br />provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; <br />building inspections; building permits; …the processing of maps under the provisions of the Subdivision <br />Map Act…; or planning services…; those fees may not exceed the estimated reasonable cost of providing <br />the service for which the fee is charged, unless a question regarding the amount of the fee charged in <br />excess of the estimated reasonable cost of providing the services or materials is submitted to, and <br />approved by, a popular vote of two-thirds of those electors voting on the issue. <br /> <br />18