Del Mar Municipal Code Ch. 1.16 Fees and Charges

Footnotes:

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Editor's note— Ord. No. 965, § 1, adopted June 1, 2020, amended Ch. 1.16 in its entirety to read as set out herein. Former Ch. 1.16 pertained to Fees for Administrative Services and derived from Ord. No. 478.

A. It is the purpose of this Chapter to establish procedures for imposing fees and charges for the recovery of the reasonable costs of providing regulations, services, or facilities.

B. The fees and charges subject to this Chapter are fees and charges which do not exceed the reasonable cost of providing the service or conferring the benefits for which the fee is charged.

C. This Chapter does not apply to fees which are imposed as an exaction upon development of land.

(Ord. No. 965, § 1, 6-1-2020)

This Chapter applies to the levying of new fees and charges and to the increasing of existing fees and charges for administering the following:

A. Zone variances, zone changes, use permits (Gov. Code sections 65909.5, 66014).

B. Building inspections and building permits (Gov. Code section 66014, Health and Safety Code sections 19132.3, 17951).

C. Specific Plans (Gov. Code section 65456).

D. Producing copies of public record documents. (Gov. Code section 6253).

E. Documents and processing required by the California Environmental Quality Act.

F. Appeals.

G. Water and sewer connection charges (Gov. Code section 66013).

H. Use of City property and facilities.

I. Other planning and development permit review.

J. Public Works services.

K. Fire plan check and mitigation review.

In addition to the above, the City Council may by resolution establish, in its discretion, any other fees and charges for which such fee or charge is authorized by law.

(Ord. No. 851, § 1, 11-8-2010; Ord. No. 965, § 1, 6-1-2020)

Fees and charges subject to this Chapter shall be established in accordance with the requirements of Government Code section 66016.

A. The City Council shall conduct a public hearing during a regularly scheduled meeting at which oral and written presentations by the public may be made regarding the proposed fee.

1. At least 14 days prior to the hearing, notice consistent with the requirements of Government Code section 66016 shall be sent in response to written requests filed with the City for mailed notice of the meeting on new or increased fees or service charges.

2. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation within the City as required by Government Code section 66018.

3. At least ten days prior to the hearing, the City shall make available to the public data indicating the amount of the cost, or estimated cost, required to provide the service for which the fee is charged and the revenue sources anticipated to provide this service, including general fund revenues.

B. Following the public hearing, the City Council may adopt the proposed fees or charges by resolution.

(Ord. No. 965, § 1, 6-1-2020)

If the proposed fee will exceed the estimated costs required to provide the service for which the fee is levied, the City Council may:

A. Adopt a fee which does not exceed the cost;

B. Abandon the proposal; or

C. Adopt a resolution approving the fee and referring the matter to a vote of the electorate. The proposed fee will become law upon the approving vote of two-thirds of those electors voting on the measure.

(Ord. No. 965, § 1, 6-1-2020)

A. A flat fee may be charged for a request or application which is within established criteria defining a standard request or application.

B. If the department providing the service initially determines that the request or application exceeds the criteria for a standard request or application, or if such department determines during the course of the processing of a request or application that the matter will exceed the criteria defining a standard request or application, then the department may require the applicant to deposit with the City an amount sufficient to reimburse the City for the time and expense actually incurred in providing the service. During the course of providing the service, additional deposits may be required. At the completion of providing the service or upon the termination of the process by the applicant, any unused amount remaining on deposit shall be returned to the applicant.

(Ord. No. 965, § 1, 6-1-2020)

A. Except as otherwise provided, the fee shall be effective 60 days after the adoption of the resolution imposing the fee.

B. For a fee or charge, or an increase to a fee or charge, to protect the public health, welfare and safety, the City Council may adopt an urgency measure by a four-fifths vote imposing the fee immediately for an interim period. (Gov. Code section 66017).

(Ord. No. 965, § 1, 6-1-2020)