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A SHORT OVERVIEW OF DEVELOPMENT IMPACT FEES

city Attorneys Department League of California Cities Continuing Education Seminar February 27, 2003 Peter N. Brown, city Attorney Graham Lyons, Deputy city Attorney city of Carpinteria A SHORT OVERVIEW OF DEVELOPMENT IMPACT FEES SB 322494 v4 2A SHORT OVERVIEW OF DEVELOPMENT IMPACT FEES BY: PETER N. BROWN, city ATTORNEY, city OF CARPINTERIA GRAHAM LYONS, DEPUTY city ATTORNEY, city OF CARPINTERIA city ATTORNEYS DEPARTMENT LEAGUE OF CALIFORNIA CITIES 2003 CONTINUING EDUCATION PROGRAM FEBRUARY 27, 2003 I. DEFINITION OF DEVELOPMENT IMPACT FEE A DEVELOPMENT IMPACT fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with ap-proval of a DEVELOPMENT project for the purpose of defraying all or a portion of the cost of public facilities related to the DEVELOPMENT project. (Gov. Code 66000(b).)

3. Ehrlich v. City of Culver City When the Dolan decision came down, a California appellate court had just ruled on an impact fee case involving a recreation fee and a public art fee. Unlike Dolan, Ehrlich v. City of Culver City involved the payment of money, not …

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