Service Charges and Property Taxes

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by William W. Abbott and Janell M. Bogue

Properly administered impact fee programs can operate to streamline CEQA review of later development projects. At the same time, impact fee programs which are not implemented in accordance with the original expectations or which are founded upon unrealistic assumptions may offer the lead agency and affected applicant little or no real relief. Significant cases decided over the last five years illustrate how this can play out.
Continue Reading Impact Fee Programs as Effective Tools for CEQA Mitigation: An Update

by Robert T. Yamachika

Richmond v. Shasta Community Services District (2004) 32 Cal.4th 409

The issue in this case was whether a water district’s increase of its two component water connection fees violated Proposition 218’s voter approval requirement. Proposition 218, the Right to Vote on Taxes Act, was approved by California voters in 1996 and added articles XIIIC and XIIID to the California Constitution. The Shasta Community Services District (“SCSD”) operates a water system for residential and commercial users and a volunteer fire department that provides fire suppression and emergency services.
Continue Reading California Supreme Court Rules that Water Connection Fees for New Connections not Subject to Proposition 218’s Voter Approval Requirement

by Diane G. Kindermann and Robert T. Yamachika

In a recent Proposition 218 case, Howard Jarvis Taxpayers Association v. City of Salinas (2002) 98 Cal.App.4th 1351, the Court of Appeal for the Sixth Appellate District held that a “storm water drainage fee” was illegally imposed by the City of Salinas. The plaintiff, Howard Jarvis Taxpayers Association (“HJTA”) contended that the storm drainage fee imposed by the City of Salinas was a “property-related” fee requiring voter approval. HJTA’s arguments were based on Proposition 218, the “Right to Vote on Taxes Act,” which was passed by the California voters in 1996. Proposition 218 added article XIII D, section 6(c) to the California Constitution, requiring notice for a public hearing and a vote for a proposed property-related fee or charge. If a majority of the affected property owners or two-thirds of the electorate in the affected area do not approve the fee, it may not be imposed.
Continue Reading Storm Drainage Fees are Property-Related Fees Subject to Proposition 218 Requirements