SECTIONS 66010-66011 - California Statutes

GOVERNMENT CODE

SECTION 66010-66011

66010. As used in this chapter:
(a) "Development project" means a development project as defined
in Section 66000.
(b) "Fee" means a monetary exaction or a dedication, other than a
tax or special assessment, which is required by a local agency of the
applicant in connection with approval of a development project for
the purpose of defraying all or a portion of the cost of public
facilities related to the development project, but does not include
fees for processing applications for governmental regulatory actions
or approvals.
(c) "Local agency" means a local agency, as defined in Section
66000.
(d) "Public facilities" means public facilities, as defined in
Section 66000.
(e) "Reconstruction" means the reconstruction of the real
property, or portion thereof, where the property after reconstruction
is substantially equivalent to the property prior to damage or
destruction.

66011. No fee may be applied by a local agency to the
reconstruction of any residential, commercial, or industrial
development project that is damaged or destroyed as a result of a
natural disaster, as declared by the Governor. Any reconstruction of
real property, or portion thereof, which is not substantially
equivalent to the damaged or destroyed property, shall be deemed to
be new construction and only that portion which exceeds substantially
equivalent construction may be assessed a fee. The term
substantially equivalent, as used in this section, shall have the
same meaning as the term in subdivision (c) of Section 70 of the
Revenue and Taxation Code.