Chapter 38
COUNTY SERVICES IMPACT FEES
Sections:
38-4. Expenditure and reimbursement of fees.
38-6. Fire protection district development impact fees.
38-1 Purpose.
The board of supervisors finds:
(a) New development creates a need for construction or expansion of public improvements and public services to mitigate the impacts caused by the development.
(b) Adequate funding to accommodate this need for public facilities is not available.
(c) A county services impact fee is necessary to finance these additional public necessities by requiring development to pay its fair share, to implement the county general plan and to ensure that adequate public facilities are available to protect the public health, safety and welfare. (Ord. No. 536, § 1 (part); Ord. No. 550, § 1 (part).)
38-2 Definitions.
Words when used in this chapter, and in resolutions adopted under its authority, shall have the following meanings:
(a) “Development project” means any project undertaken for the purpose of development. “Development project” includes any project involving the issuance of a discretionary or ministerial permit for construction, building or reconstruction, including a use permit but not a permit to operate.
(b) “Fee” means a monetary exaction, other than a tax or special assessment, which is charged to an applicant in connection with the issuance of a permit or permits for 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 park and recreational uses pursuant to Government Code Section 66477, fees collected in connection with a development agreement adopted pursuant to Title 7, Chapter 4, Article 2.5 (commencing with Section 65864) of the Government Code, or fees imposed pursuant to a reimbursement agreement with the applicant to pay for public facilities that exceed the need attributable and reasonably related to the development project.
(c) “Applicant” means an owner, lessee of record, or an agent having written authorization to apply for a development project.
(d) “Public facilities” includes public improvements, public services and community amenities. (Ord. No. 536, § 1 (part); Ord. No. 550, § 1 (part).)
38-3 Establishment of fees.
There is established a fee to be imposed on each development project approved by the county. The board of supervisors, by resolution, shall:
(a) Establish the amount of the fee to be imposed on each type of development project;
(b) Identify the purpose of the fee;
(c) Identify the specific use to which the fee is to be put;
(d) Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed;
(e) Determine how there is a reasonable relationship between the need for the public facility and the impacts caused by the type of development project on which the fee is imposed; and
(f) Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development project for which the fee is imposed. (Ord. No. 536, § 1 (part); Ord. No. 550, § 1 (part).)
38-4 Expenditure and reimbursement of fees.
(a) Fees subject to this chapter shall be deposited, invested, accounted for and expended pursuant to California Government Code Section 66006. The fees shall be held in separate public facility accounts by the auditor to be expended for the purpose for which they were collected. The auditor shall allocate fee interest accrued to the accounts for which the original fee was imposed.
(b) The auditor shall report to the board of supervisors once each fiscal year on any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. The board shall make findings once each fiscal year with respect to any fees reported on to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
(c) The board of supervisors shall order a refund of unexpended or uncommitted fees for which a need cannot be demonstrated, along with accrued interest, to the then current record owner(s) of lots or units of the development project(s) on a prorated basis. The auditor may refund these fees by direct payment or by offsetting other obligations owed to the county by the then-current record owner(s) of the development project(s).
(d) If the administrative costs of refunding unexpended or uncommitted fees revenues exceed the amount to be refunded, the board of supervisors, after a public hearing for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places in the area of the affected development project, may determine that the fee revenues shall be allocated for some other purpose for which the fees are collected subject to this chapter that serve the development project on which the fee was originally imposed. (Ord. No. 536, § 1 (part); Ord. No. 550, § 1 (part).)
38-5 Fee payment.
(a) Except as provided herein, prior to the issuance of a certificate of occupancy or date of final inspection, whichever occurs first, the applicant for a development project shall pay to the county department of planning and building the fee amount adopted by board resolution.
(b) If the board of supervisors establishes an account and appropriates funds for a public facility and adopts a capital improvement plan (CIP) pursuant to Government Code Section 66002 for a public improvement, thereafter fees shall be paid prior to issuance of a building permit. If a CIP is adopted, the director of the department of planning and building (hereinafter called “director”) shall schedule and notice an annual public hearing before the board of supervisors to update the CIP, which may be incorporated into the process for review of the public works program pursuant to board of supervisors resolution.
(c) If subsection (b) of this section does not apply to a development project, then the director shall in all cases, prior to issuance of a building permit, require the applicant and the property owner if the applicant is not the owner, to execute a contract to pay the fee within the time required in subsection (a) of this section. The director may also require the applicant and/or the property owner to post security for the payment of the fee in a form and an amount acceptable to the county.
(d) The fee amount shall be determined by the fee schedule in effect on the date a building permit is issued.
(e) When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, an additional fee payment shall be required if the fee schedule has been increased during the interim, or for other reasons authorized in the applicable fee resolution.
(f) In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required for additional development that was not included in computing the prior fee.
(g) When a fee is paid for a development project and the approvals for that project are subsequently modified so that it is entitled to a lower fee, the director shall recompute the fee and the county auditor shall issue a partial refund of the fee based on the recomputation.
(h) When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit, the county auditor shall refund the fee paid, less any administrative portion of the fee, upon the director’s written confirmation that the building permit has been cancelled.
(i) With respect to the provisions of subsections (g) and (h) of this section, no refund shall be granted to any project for which fees have been committed to a program or improvement for which the fees were exacted. The director may charge a reasonable fee for processing a reduction.
(j) No fee shall be due for the reconstruction of any existing residential, commercial or industrial development project that was damaged or destroyed as a result of a natural disaster, as declared by the governor of the state of California, a local emergency declared by the board of supervisors or from fire, flood or other private calamity. Any reconstruction, or portion thereof, which is not substantially equivalent to the damaged or destroyed property shall be deemed to be new construction and shall be subject to the applicable fee. (Ord. No. 536, § 1 (part); Ord. No. 550, § 1 (part).)
38-6 Fire protection district development impact fees.
(a) Purpose and findings.
(1) The purpose of this section is to implement the Colusa County general plan policy providing for the adoption of development impact fees and for the collection of said fees at the time of the issuance of building permits. Subject to the requirements of this section, said fees are to be collected by or allocated to a fire district within the county of Colusa for the acquisition of capital facilities in order to ensure the provision of the capital facilities necessary to maintain current levels of fire protection services necessitated by new development and additions to existing structures (as hereinafter defined).
(2) Each individual fire district in the county of Colusa shall conduct a study showing the reasonable relationship between the fire protection district development impact fees and new development in each district. The study will show the following:
(A) Current facility and equipment assessment;
(B) Population, housing and employment projections;
(C) Capital facilities and equipment needs to respond to new development;
(D) Building valuation by land use;
(E) Proposed development; and
(F) Current inventory of apparatus and facilities.
(3) The board of supervisors of the county of Colusa finds and declares as follows:
(A) Adequate fire protection facilities must be available to serve new development.
(B) New development requires the construction or expansion of fire protection facilities and the acquisition of equipment.
(C) In many areas of the county, property taxes and fire suppression assessments currently collected by the agencies providing fire protection services are insufficient to provide funds for expansion or construction of fire facilities and purchase of equipment necessitated by new development, resulting in the potential for inadequate fire protection coverage for the new development and the growing population.
(D) The above conditions, if not addressed, could place Colusa County’s growing population in a condition that is potentially perilous to its health and safety.
(E) The impacts of development on the existing fire protection facilities and equipment cannot be alleviated without county involvement.
(F) For the above reasons, new methods for financing fire protection facilities and equipment necessitated by development are needed in Colusa County.
(G) The provisions of this section provide one such method, by permitting the imposition of fire protection district development impact fees when the conditions justifying the imposition of such fees exist as specified hereinafter and when the procedures for such imposition have been followed as specified hereinafter.
(b) Prior agreements and dedication.
(1) Any agreement existing prior to the operative date of the ordinance codified in this section between an applicant for development and a fire protection district pertaining to the dedication of land or payment of fees for fire facilities and equipment to serve the property that is the subject of the application, or any portion thereof, shall satisfy the requirements of this section.
(2) If land, facilities or equipment have been dedicated or donated to, and accepted by, the fire district as a condition of approval of a discretionary permit, such dedication or donation may be considered by the board of supervisors as satisfying the requirements of this section.
(c) Definitions. Whenever the following words are used in this section, they shall have the meaning ascribed to them in this subsection:
(1) “Development” means all construction for which a county building permit or other permit is required.
(2) “Board” means the board of supervisors of the county of Colusa.
(3) “Other permits” means county major and minor use permits.
(4) “Clerk” means the clerk of the board of supervisors of the county of Colusa.
(5) “Fire protection district” and “district” mean any special district providing fire protection services within the unincorporated area of the county.
(6) “Facilities and equipment” means any long-term capital facilities and equipment used by a fire district for fire suppression or emergency medical services including station construction, station expansion and fire or emergency medical apparatus.
(7) “Additions to existing structure” means any addition that is adding ten percent or more square footage to an existing structure.
(d) Exemptions.
(1) The following types of development shall be exempt from development impact fees under this section::
(A) Piers, ramps, boatlifts, docks, suspended platforms, and pilings, in or bordering streams, waterfronts, or lakes.
(B) Development for governmental uses.
(C) New development of a similar type and use within two years after demolition on the same lot or within the same district, up to the square footage amount equal to the prior square footage amount for which fire development impact fees had been paid.
(D) Development where new construction replaces a structure of a similar type and use on the same lot which was damaged or destroyed by fire, earthquake or other causes similarly beyond the owner’s control, up to the square footage amount equal to the prior square footage of the damaged or destroyed structure.
(e) Required actions of affected fire service providers.
(1) This section shall become applicable to development within the boundaries of a fire protection district when the following events set forth in subsections (e)(2) through (e)(5) of this section occur:
(2) The governing body of a fire protection district adopts a resolution with the “study” attached thereto, making the following findings:
(A) The district does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new development within the district’s boundaries.
(B) The district does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, fire suppression assessments or any other appropriate sources.
(C) The lack of fire protection facilities and equipment to serve new development would create a situation perilous to the public health and safety if fire development impact fees are not levied within the district.
(D) The district has conducted a study showing a reasonable relationship between the fire protection district development impact fees and new development in the district.
(3) The fire protection district resolves as follows:
(A) The district requests that the county impose a specified percentage of the fire development impact fee ceiling on the district’s behalf upon applicants for building permits or other permits for development.
(B) Fire development impact fees paid under this section shall only be used to expand the availability of capital facilities and equipment to serve the fire protection district.
(C) The county of Colusa shall deposit all funds collected under this section with the county treasurer, and all interest subsequently accrued by the district on these funds, in a separate budget accounting category to be known as the “Colusa County fire protection district development impact fee.”
(D) The district shall expend funds from said “Colusa County fire protection district development impact fee” budget accounting category only for those purposes of providing new capital facilities and equipment to serve the fire protection district.
(E) The district shall submit a fire development impact fee annual report no later than October 31 of each year to the clerk. Said report shall include, but not be limited to, the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made and the ending balance in the fund. In addition, the report shall specify the actions the district plans to take to alleviate the facility and equipment needs caused by new development in a capital fire facilities and equipment plan adopted at a noticed public hearing. The district shall submit to the clerk a copy of its annual audit report.
(F) The district shall make available to the public at any time its records that justify the basis for the fee amount.
(G) The district shall defend, indemnify and hold harmless the county, its officers, officials, employees, agents and volunteers, from and against any and all demands, claims, actions, litigation or other proceedings, liability, damages and costs (including but not limited to attorney fees) that are based in whole or in part upon the levy, imposition, collection or payment of the fees, or the denial of a permit until the fee is paid, excepting only matters that are based upon the county’s gross negligence or wilful misconduct.
(H) The district shall make findings, with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The district shall refund to the then current record owner or owners of the development project or projects on a prorated basis, the unexpended or uncommitted portion of the fee and any interest accrued thereon, for which need cannot be demonstrated.
(4) The governing body of the fire protection district adopts a capital fire facility and equipment plan in accordance with Government Code Section 66002 et seq. at a noticed public hearing.
(5) The governing body of the fire protection district sends a certified copy of the capital fire facility and equipment plan to the clerk and the board of supervisors, as set forth in this subsection, and approves the plan. The clerk shall agendize the capital fire facilities and equipment plan for the board’s consideration at a public hearing noticed in the manner required by Government Code Section 66002(b). At the close of the public hearing thereon, the board may approve said capital fire facilities and equipment plan if it finds that said documents meet the requirements of this section, the Colusa County general plan and Government Code Section 66000 et seq. The provisions of this section shall be applicable to all building permits and other permits issued for new construction and additions to existing structures within the boundaries of the fire protection district thirty days after the board’s approval. Each district shall notify the county building official of the effective date of its mitigation fee.
(6) By March 31 of each year following the year of the original adoption of a resolution and approval by the board pursuant to this section, the district may submit a copy of a new resolution and a new capital facility and equipment plan adopted and approved, respectively, by the district’s governing body as set forth hereinabove and setting the amount of the fire development impact fee requested by the district. If the resolution proposes to increase the fire development impact fee from that previously approved by the board, said resolution shall only become effective if approved by the board in the manner set forth in subsection (5) of this section. This revision shall be effective the following July 1.
(f) Fee payment.
(1) Prior to the issuance of any building permit or other permit for development, the applicant shall pay to the county of Colusa the fees prescribed by the fire protection district as set forth hereinafter and incorporated by reference as Exhibit A (Williams fire protection district fees), Exhibit B (Arbuckle-College City fire protection district fees), and Exhibit C (Maxwell fire protection district fees), and shall present written evidence to the county that the provisions of this section have otherwise been satisfied with respect to the development for which permits are sought.
(2) The amount of such fees shall be determined by the fire development impact fee in effect on the date of the payment of fees for an unexpired plan check.
(3) When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, the fee payment shall not be required.
(4) In the event that subsequent development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of development that was not included in computing the prior fee.
(5) Commencing on July 1 of the following year after adoption, the development impact fee shall be adjusted on July 1 of each year to reflect the increase, if any, in the cost of living during the previous year by adding to the development impact fee an amount calculated by multiplying the amount of the fee by the percentage change of the consumer price index for the San Francisco-Oakland San Jose Metropolitan area, as reported for the previous year by the U.S. Bureau of Labor Statistics. The board of supervisors, or their designee, shall make this annual adjustment each July 1. The adjusted development impact fee amount shall be rounded off to the nearest penny, and this amount shall be the development impact fee for the subsequent year.
(g) Fee funds and report. Any fire protection district funds received by the county pursuant to this section shall be deposited in an interest-bearing account, and all interest subsequently accrued on these funds shall be accounted for by the county treasurer in a separate budget accounting category to be known as the “Colusa County fire protection district development impact fee account.” By October 31 of each year, the county treasurer, based on each district receiving funds pursuant to this section, shall file a report with the clerk on the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made and the ending balance in the fund.
(h) Administrative charges. The county may charge for its services in administering this section an administrative charge of up to two percent of the fees collected and deposited pursuant to this section. The county may cause the county treasurer to deduct such amount from the fees and accrued interest on deposit with the county treasurer.
(i) Use of fees. With the exception of the administrative charge provided herein, all fees collected pursuant to this section, including any interest accrued thereon, shall be expended by the district exclusively to plan, design, acquire or lease use by the district for the purpose of providing for capital facilities and equipment. In addition, a report by each district shall specify the actions the district plans to take to alleviate the facility and equipment needs caused by new development, as well as what services, specifically, the funds have been used for.
(j) Termination of fee collection. Fee collection as to any fire protection district shall terminate as follows:
(1) If, at any time, the governing body of a fire protection district submits a proposed ordinance amending the Colusa County Code to the clerk which provides for termination of fee collection, fee collection shall terminate thirty days from the date of adoption of the amended ordinance.
(2) Each district shall notify the county building official of the effective date of its termination of fee collection.
(k) Appeals.
(1) A person or entity who proposes to construct a development and has received a preliminary estimate of the fee due under this section may file a written appeal requesting a fee reduction. The appeal shall be filed with the county clerk within thirty days after filing the building permit application. The fee reduction may be requested on the grounds that the development has been inappropriately classified in determining the fee amount. The burden of proof in establishing these grounds shall be on the person filing the request.
(2) The appeal shall contain such information as the county and affected fire protection district may reasonably require.
(3) The appeal shall be presented to and considered by the Colusa County board of supervisors. Any party at such hearing may present oral and written evidence. The hearing may be continued from time to time as is deemed necessary. The board of supervisors shall issue a written decision on the appeal no later than fifteen days after the hearing is closed. The board of supervisors’ decision shall be a final administrative decision. (Ord. No. 684, § 1; Ord. No. 698; Ord. No. 791, § 1.)