CHAPTER 4
PROCEDURE FOR ADOPTION OF FEES

Sections:

§ 11400    Procedure for Adoption of Fees.

§ 11401    Urgency Measure for Adopting Fees.

11400 Procedure for Adoption of Fees.

Except as provided in CMC 11401, the procedural requirements in Government Code Sections 66018 and 66019 shall be followed for the adoption or increase of an interim development impact fee:

A. The City shall hold at least one (1) public hearing at a regularly scheduled City Council meeting.

B. Notice of the public hearing shall be published in a newspaper regularly published at least once a week. The notice shall be published twice, with at least five (5) days intervening between the dates of the first and last publication, not counting such publication dates. The first publication shall occur ten (10) days prior to the public hearing.

C. Notice for the public hearing must be mailed to those who have filed a written request with the City at least fourteen (14) days prior to the City Council meeting.

D. At least ten (10) days before the City Council meeting, the City shall make available for public review the data indicating the amount of the cost required to provide the public facilities for which the fee is charged and the revenue sources anticipated to fund those public facilities.

E. Any new fee or increase to an existing fee shall be made by ordinance or resolution of the City.

F. Any costs incurred in conducting the public hearing may be recovered from the fees to be collected.

G. The interim development impact fees are effective sixty (60) days after the City Council’s final action on the adoption or increase of the fees. (Ord. 19-1931, § 2)

11401 Urgency Measure for Adopting Fees.

Pursuant to Government Code Section 66017, if the City determines that a new fee or an increase in an existing fee is necessary to protect the public health, safety and welfare, then an interim development impact fee can be adopted or increased on an interim basis by urgency measure without following the procedures outlined in CMC 11400. The urgency measure must be adopted by a four-fifths (4/5) vote of the City Council and must include written findings that describe the current and immediate threat to the public health, safety, and welfare that justifies the urgency measure. The initial urgency measure is effective for thirty (30) days, but may be extended for up to two (2) additional thirty (30) day periods by a four-fifths (4/5) vote following notice and a public hearing. (Ord. 19-1931, § 2)