Posted by Peter Carpenter
a resident of Menlo Park: Park Forest
on Jan 11, 2024 at 11:05 pm
Peter Carpenter is a registered user.

Hopefully the city has an alternative source of funds if the US Supreme Court rules against El Dorado County in Sheetz v. County of El Dorado. It is a simle case of imposing impact fees as a quid promquo for getting a building permit.

This case was heard by the court just last Tuesday.

Web Link

Posted by PH
a resident of Woodside: Emerald Hills
on Jan 16, 2024 at 11:44 am
PH is a registered user.

A bit more complicated than quid pro quo fee for a permit. Web Link

Fees that meet "nexus" and "proportionality" requirements are well established in law. AB1600 is based on that (for *administrative* fees).

Sheetz is objecting to the size of the fee not its existence.

They say the "fee" is not "proportionate" and El Dorado sidestepped the proportionality requirement, by adopting a fee imposing ordinance in lieu of an administrative fee anchored by a valid AB1600 nexus study.

El Dorado allegedly took the ordinance route to avoid proportionality.

Each of the fees in the above Menlo Park article are *administrative* fees consistent with a valid underlying AB1600 nexus study that justifies proportionality. I hope. If not, they should be struck.