Chapter 17A.04
CLOVERDALE FIRE PROTECTION DISTRICT DEVELOPMENT IMPACT FEE
Sections:
17A.04.020 Cloverdale fire protection district development impact fee established.
17A.04.030 Use of fee revenues.
17A.04.040 Developer construction of facilities.
17A.04.050 Administrative guidelines.
17A.04.010 Purpose.
In order to implement the goals and objectives of the Cloverdale general plan, and to mitigate the impacts caused by future development in the city of Cloverdale, certain public facilities must be constructed. The city council has determined that a fire development impact fee is needed in order to finance public facilities required to provide fire protection services for new development in the city of Cloverdale and to pay for each development’s fair share of the construction and acquisition costs of these improvements. In establishing the fire development impact fee described in the following sections, the city council has found the fee to be consistent with its general plan, and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city’s housing needs as established in the housing element of the general plan. (Ord. 645-2006 § 3 (part), 2006)
17A.04.020 Cloverdale fire protection district development impact fee established.
A. A fire development impact fee (“fire fee”) is established pursuant to California Government Code Section 66000 et seq. (“Mitigation Fee Act”) to pay for public fire facilities required by the Cloverdale fire protection district to provide fire services to new development in the city of Cloverdale.
B. Pursuant to California Government Code Section 66001, the city council shall, in a city council resolution adopted after a duly noticed public hearing, set forth the amount of the fire fee, describe the benefit and impact area on which the fire fee is imposed, list the public facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the use of the fire fee and the need for the public facilities and the types of future development projects on which the fire fee is imposed, and set forth time for payment. (Ord. 645-2006 § 3 (part), 2006)
17A.04.030 Use of fee revenues.
The revenues raised by payment of the fire fee shall be accounted for in a capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:
A. To pay for property acquisition, including right-of-way acquisition, design, engineering, construction, and acquisition of the public facilities designated in the fee resolution and reasonable costs of outside consultant studies related thereto;
B. To reimburse the city and/or the Cloverdale fire protection district for designated public facilities constructed by the city and/or the Cloverdale fire protection district with funds (other than gifts or grants) from other sources together with accrued interest;
C. To pay for and/or reimburse costs of program development and ongoing administration of the fire fee program. (Ord. 645-2006 § 3 (part), 2006)
17A.04.040 Developer construction of facilities.
If a developer is required, as a condition of approval of a permit, to construct a public facility that has been designated to be financed with fire fees, a credit against the fee otherwise established by this chapter concerning the development project in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only. (Ord. 645-2006 § 3 (part), 2006)
17A.04.050 Administrative guidelines.
The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, deferred payment and other administrative aspects of the fire fee. (Ord. 645-2006 § 3 (part), 2006)