Chapter 3.34
FIRE MITIGATION FEES
Sections:
3.34.040 Prior agreements and dedication.
3.34.070 Required actions of affected fire service provider(s).
3.34.080 Fire mitigation fee ceiling established.
3.34.100 Administrative charge.
3.34.120 Fee fund records and report.
3.34.130 Termination of fee collection.
3.34.010 Title.
This chapter shall be known and be cited as the “fire mitigation fee ordinance.” (Ord. 842 §1(part), 2005)
3.34.020 Purpose.
The purpose of this chapter is to implement the Lakeport general plan policy providing for the adoption of fire mitigation fees and for the collection of such fees at the time of the issuance of building permits, such fees to be allocated to the fire agency 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. (Ord. 842 §1(part), 2005)
3.34.030 Findings.
The city council 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 city, property taxes and fire suppression assessments currently collected by fire agency 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 place the city of Lakeport’s growing population in a condition perilous to its health and safety.
E. The impacts of development on the existing fire protection facilities and equipment cannot be alleviated without city involvement.
F. For the above reasons, new methods for financing fire protection facilities and equipment necessitated by development are needed in the city of Lakeport. (Ord. 842 §1(part), 2005)
3.34.040 Prior agreements and dedication.
A. Any agreement existing prior to the operative date of the ordinance codified in this chapter between an applicant for development and city pertaining to the dedication of land or payment of fees for fire facilities and equipment to serve the property which is the subject of this application, or any portion thereof, shall satisfy the requirements of this chapter.
B. If land, facilities or equipment has been dedicated or donated to, and accepted by, the city as a condition of approval of a discretionary permit, such dedication or donation may be considered by the city council as satisfying the requirements of this chapter. (Ord. 842 §1(part), 2005)
3.34.050 Definitions.
Whenever the following words are used in this chapter, they shall have the meaning ascribed to them in this section.
“City” means the city of Lakeport.
“City manager” means the city manager of the city of Lakeport.
“Development” means all construction for which a building permit or other permit is required.
“Facilities and equipment” means any long-term capital facilities and equipment used by a fire agency for fire suppression or emergency medical services including station construction, station expansion and fire or emergency medical apparatus.
“Fire agency” and “agency” means any special district providing fire protection services within the incorporated area of the city of Lakeport.
“Other permits” mean conditional use permits and site plan review permits. (Ord. 842 §l(part), 2005)
3.34.060 Exemptions.
A. There shall be exempt from the requirements of this chapter, building permits for the following types of development:
1. Piers, ramps, boat lifts, docks, suspended platforms and pilings;
2. Agricultural buildings requiring an exempt building permit.
B. The requirements of this chapter shall not apply to buildings constructed for governmental uses.
C. The requirements of this chapter shall not apply to the replacement on the same parcel by the owner of a dwelling or dwellings destroyed by fire or other calamity, provided that:
1. The application for a building permit to replace such dwelling is filed with the city within one year after destruction of the dwelling;
2. There is no change in occupancy; and
3. The square footage is not increased by over five hundred square feet of living space. (Ord. 842 §1(part), 2005)
3.34.070 Required actions of affected fire service provider(s).
This chapter shall become applicable to development within the boundaries of the city when the following events occur:
A. The governing body of a fire agency adopts a resolution making the following findings:
1. The agency 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 city’s boundary.
2. The agency 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.
3. 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 mitigation fees are not levied within the city.
B. The fire agency resolves as follows:
1. The agency requests the city to impose a specified percentage of the fire mitigation fee ceiling on the agency’s behalf upon applicants for building permits or other permits for development.
2. Mitigation fees paid under this chapter shall only be used to expand the availability of capital facilities and equipment to serve new development.
3. The agency shall place all funds collected for the city under this chapter, and all interest subsequently accrued by the agency on these funds, in a separate budget accounting category to be known as the “City of Lakeport Fire Mitigation Fee.”
4. The agency shall expend funds from the “City of Lakeport Fire Mitigation Fee” budget accounting category only for those purposes of providing capital facilities and equipment to serve new development.
5. The agency shall submit a fire mitigation fee annual report no later than October 31st of each year to the city manager. Such 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 agency 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 agency shall make available, upon request by the city manager, a copy of its annual audit report.
6. The agency shall make its records available to the public on request that justify the basis for the fee amount.
7. The agency shall hold the city harmless for any errors made by the city in collecting or accounting for the fees for each agency.
8. The agency 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 for which it was charged. The agency shall refund to the then current record owner or owners of the development project or projects on a pro rated basis, the unexpended or uncommitted portion of the fee and any interest accrued thereon, for which need cannot be demonstrated.
C. The governing body of the fire agency adopts a capital fire facility and equipment plan in accordance with Government Code Section 66002 at a noticed public hearing.
D. The governing body of the fire agency shall send a certified copy of the resolution and the capital fire facility and equipment plan to the city manager. The city manager shall agendize such resolution and capital fire facilities and equipment plan for the city council’s approval at a public hearing noticed in the manner required by Government Code Section 66002(b). At the close of the public hearing thereon, the city council may approve such resolution and capital fire facilities and equipment plan if it finds that such documents meet the requirements of this chapter, the city of Lakeport general plan and Government Code Section 66000 et seq. The provisions of this chapter shall be applicable to all building permits and other permits issued for new construction within the boundaries of the city of Lakeport thirty days after the city council approval. The agency shall provide prior written notice to the city building official of the effective date of its mitigation fee and any changes thereto.
E. By March 31st of each year following the year of the original adoption of a resolution and approval by the city council pursuant to this section, the agency shall submit a copy of a new resolution adopted by the governing board of the agency making the findings requested by this section and setting the percentage of the fire mitigation fee ceiling requested by the agency. This percentage may be revised in the resolution up to the ceiling amount. If the resolution proposed to increase the fire mitigation fee from that previously approved by the city council, such resolution shall only become effective if approved by the city council in the manner set forth in subsection D of this section. This revision shall be effective the following July 1st. (Ord. 842 §1(part), 2005)
3.34.080 Fire mitigation fee ceiling established.
Based upon the average cost of providing a fully equipped fire station within the county of Lake, in relation to the average number of new structures served by the station, a fire mitigation fee ceiling of forty-six cents per square foot of construction for all covered roof area is established. The fire mitigation fee ceiling for buildings that install a fire sprinkler system shall be twenty-three cents per square foot of construction for all covered roof area. (Ord. 842 §1(part), 2005)
3.34.090 Fee payment.
A. Prior to the issuance of any building permit or other permit for development, the applicant shall pay to the city the fees prescribed by the fire agency resolution as approved by the city council, or shall present written evidence that the provision of this chapter have otherwise been satisfied with respect to the development for which permits are sought.
B. The amount of such fees shall be determined by the fire mitigation fee in effect on the date of the payment of fees for an unexpired plan check.
C. 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.
D. 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.
E. For the purpose of payment of the fees to city, the city council delegates to the agency the responsibility to collect or accept payment of the fire mitigation fee. (Ord. 842 §1(part), 2005)
3.34.100 Administrative charge.
The city may charge, for its services in administering this chapter, an administrative charge of up to two percent of the fees collected under this chapter. (Ord. 842 §1(part), 2005)
3.34.110 Use of fees.
With the exception of the administrative charge provided for herein, all fees collected pursuant to this chapter (and transferred to agency), including any interest accrued thereon, shall be used by the agency for the purpose of providing for capital facilities and equipment. (Ord. 842 §1(part), 2005)
3.34.120 Fee fund records and report.
Any fire agency receiving funds pursuant to this chapter shall maintain a separate budget accounting category for any fees paid. Such category shall be known as the “City of Lakeport Fire Mitigation Fee” account. By October 31st of each year, each agency receiving funds pursuant to this chapter shall file a report with the city manager 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. In addition, the report shall specify the actions the agency plans to take to alleviate the facility and equipment needs caused by the new development. (Ord. 842 §1(part), 2005)
3.34.130 Termination of fee collection.
Fee collection as to any fire agency shall terminate as follows:
A. If, by March 31st of any year following the year of the original adoption of a resolution pursuant to Section 3.34.060 of this chapter which was approved by the city council, the fire agency has not submitted a new resolution pursuant to Section 3.34.060(E) of this chapter, fee collection shall terminate July of such year.
B. If, at any time, the governing body of a fire agency submits a copy of a resolution to the city manager requesting termination of fee collection, fee collection shall terminate thirty days from the date of receipt by the city manager.
C. Each fire agency shall notify the city building official of the effective date of its termination of fee collection. (Ord. 842 §1(part), 2005)