What is the legal basis for establishing a land use development fee?

In California, land use development fees are established based on legal requirements outlined in the California State Constitution and related statutes. The California State Constitution requires cities and counties to establish fees on development projects to “mitigate the impacts of the development on local public services and facilities”. Additionally, state statutes grant cities and counties the authority to assess various fees on different types of development projects. The California Constitution also grants local governments the authority to establish “development impact fees” that are based on the expected impacts of a project on public services and facilities. This type of fee is based on an analysis of the public services and facilities that need to be maintained or improved in order to accommodate the new development. The fee amount must be reasonably related to the amount of impact the new development will have on public services and facilities. Furthermore, the California State Constitution also grants local governments authority to establish “benefit assessment fees”. These fees are imposed in order to cover the costs of public improvements that benefit a particular development project or development area. This type of fee is typically intended to provide a direct financial benefit to the development project or development area. In summary, the legal basis for establishing land use development fees in California is based on the California State Constitution and related statutes. These statutes grant local governments the authority to assess fees on different types of development projects, including “development impact fees” and “benefit assessment fees”. These fees are used to mitigate the impacts of a development project on local public services and facilities or to provide a direct financial benefit to a development project or development area.

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What is the legal basis for establishing a land use development fee?

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