Chapter 15.60
FIRE MITIGATION IMPACT FEE
Sections:
15.60.060 Application of chapter.
15.60.070 Fire mitigation impact fee requirement.
15.60.080 Annual adjustment of fees.
15.60.100 Fire suppression/rescue facilities, vehicles and equipment to be financed by the fee.
15.60.010 Title.
This chapter shall be known as the Fire Mitigation Impact Fee (FMIF) Ordinance and may be cited as such. (Ord. 492 § 3, 2018)
15.60.020 Authority.
This chapter is enacted pursuant to the Mitigation Fee Act, California Government Code Section 66000 et seq. (Ord. 492 § 3, 2018)
15.60.030 Intent and purpose.
The purpose of this chapter is to make provision for assessing and collecting fire mitigation impact fees as a condition of project approval of a subdivision map or prior to issuance of a development permit, including a building permit, in order to fund the additional fire equipment and facility that help mitigate the additional demand.
The fees collected pursuant to this chapter are to fund additional fire equipment and emergency response vehicles, a vehicle storage facility, a traffic preemption equipment system, and if needed, the expansion of the existing station (to increase the response capacity of that station). Additional fire suppression/rescue capabilities are planned to come on-line, as needed, as development creates anticipated increases in detached and attached units, and increases in square feet for retail/service, office, industrial and institutional uses and some additional commercial lodging rooms per the general plan. The proposed additions are based upon anticipated new call demand and the relative distance from the existing stations. (Ord. 492 § 3, 2018)
15.60.040 Findings.
The city council of the city of Solana Beach, consistent with California Government Code Sections 66000 et seq. of the Mitigation Fee Act, finds that:
A. Purpose of the Fee. The purpose of the FMIF is to maintain currently met standards by determining the cost of additional fire equipment, emergency response vehicles, the construction of a storage building for the vehicle, and the investment in a traffic signal preemption system to better manage response times and mitigate additional demand.
B. Use of the Fee. The FMIF will be used to fund acquisition of additional fire equipment, emergency response vehicles, a storage building for the vehicles, a traffic preemption equipment system, and if needed, the expansion of the existing station (to increase the response capacity of that station in response to the anticipated cumulative impacts associated with future development and redevelopment within the city).
C. Reasonable Use (Benefit). The FMIF will be used to ensure fire service response standards extended to new development are consistent with the fire response currently received by the city’s existing citizens and business community. Additional construction and equipment acquisition will maintain the current level of service (LOS) for both existing residents and future citizens and businesses within the city of Solana Beach.
D. Reasonable Need (Burden). The use of the FMIF is equivalent to the need for the fee. The FMIF would be collected as the development occurs (generally at building permit or some predetermined point in the process). As the development occurs, the impact is generated. The collected FMIF receipts would be put to use to acquire additional specialty equipment, emergency response vehicle and an additional building necessary to respond to those additional calls for service, without reducing the capability of responding to calls from the existing community.
E. Reasonable Apportionment. The reasonable relationship between the FMIF for a specific development and the cost attributable to the development is based on the costs involved in the pro rata expansion of the city’s fire suppression/rescue facilities, vehicles and equipment. The resulting development impact fees are based upon these costs distributed by land use demands and maintain proportionality with the existing development and existing inventory of fire suppression/rescue assets. (Ord. 492 § 3, 2018)
15.60.050 Definitions.
The definitions set forth in this section shall govern the application and interpretation of this chapter:
“Applicant” means developer or person seeking a development permit.
“Building permit” means a permit required and issued by the city of Solana Beach.
“City” means the city of Solana Beach.
“City of Solana Beach Fire Mitigation Impact Fee Program” or “FMIF Nexus Report” is the fee study entitled “2018 Development Impact Fee (DIFs) Nexus and Calculation Report,” dated July 2, 2018, approved and adopted by the city council on November 28, 2018. This study may be changed or periodically updated by action of the city council pursuant to SBMC 15.60.080. The City of Solana Beach Fire Mitigation Impact Fee Program is maintained for public review in the community development department of the city of Solana Beach.
“Construction” means design, performance of estimates, environmental assessments and studies, determination of fees, acquisition of right-of-way, administration of construction contracts, and actual construction.
“Developer” means the owner or developer of a development seeking a development permit.
“Development permit” means any permit or approval from the city of Solana Beach including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, a development review permit, a coastal development permit, a variance permit, a structural development permit, subdivision map, parcel map, building permit, or any another permit for construction, reconstruction, or development.
“Development project” or “development” means any activity described in Section 66000 et seq. of the California Government Code.
“Fire suppression/rescue facilities, vehicles and equipment” means fire stations, training facilities, response fleet with specialty equipment, and specialty fire equipment.
“FMIF” means fire mitigation impact fee.
“New development” means any development requiring a development permit excepting the rehabilitation and/or reconstruction of any legal residential structure and/or the replacement of a previously existing residential unit.
“Redevelopment” means any development project that results in additional dwelling units or square feet.
“Remodel” means changes, alterations and renovations within the existing structure of the building. (Ord. 492 § 3, 2018)
15.60.060 Application of chapter.
This chapter establishes the requirements for the FMIF for all new development and redevelopment within the city of Solana Beach. This chapter shall apply to all new development and redevelopment except as exempted by state or federal law, or as specifically exempted in this chapter. In cases where a development is specifically exempt by law from this chapter, but that development has cumulative fire mitigation impacts required to be mitigated by the California Environmental Quality Act (CEQA), the city can accept FMIF payment to mitigate cumulative impacts.
The FMIF is limited to providing funding in the amounts and for those improvements specified in the City of Solana Beach Fire Mitigation Impact Fee Program. Nothing in this chapter shall restrict the ability of the city to require dedication of land, payment of fees or construction of improvements for needs other than, or in addition to, the improvements specified in the City of Solana Beach Fire Mitigation Impact Fee Program.
The requirements of this chapter shall apply to projects for which building permits are issued on or after the effective date of the ordinance codified in this chapter. The FMIF shall be calculated for a development project at the earliest time a development permit is deemed complete. (Ord. 492 § 3, 2018)
15.60.070 Fire mitigation impact fee requirement.
A. Prior to the issuance of any building permit for new development or redevelopment in the city of Solana Beach, a fire mitigation impact fee shall be paid based upon the use of land set forth in the fee rate table included in the FMIF Nexus Report.
B. The fee shall be paid before the issuance of building permits for each development project within the city of Solana Beach. No building permit shall be issued within the city of Solana Beach unless and until the FMIF has been paid in full. In the case of discretionary permits that will not involve a building permit, but which will involve new development, payment of the fee shall be recommended as a condition of permitting to the decision-making body that would approve such permit.
C. Fees for single-family residential remodel projects shall not exceed 75 percent of the maximum FMIF. (Ord. 492 § 3, 2018)
15.60.080 Annual adjustment of fees.
A. The FMIF may be adjusted annually starting January 1, 2020, and on each January 1st thereafter, based on the following factors:
1. The cost of construction based on the San Diego-Carlsbad CPI, All Items, for All Urban Consumers (CPI-U) Index, not to exceed 2.5 percent annually.
2. Changes in the type, size, location or cost of the acquisition of fire suppression/rescue facilities, vehicles and equipment, if any, to be financed by the FMIF, changes in land use designations in the city’s general plan, and upon other sound engineering, financing, and planning information.
B. Adjustments to the FMIF resulting from review of the factors above may be made by resolution amending the fee schedule and subject to compliance with the Mitigation Fee Act.
C. Adjustments to the fees resulting from the annual review may be made by resolution amending the fee rate tables contained in the FMIF Nexus Report and subject to the notice and public meeting requirements of Government Code Section 66016. (Ord. 510 § 3, 2020; Ord. 492 § 3, 2018)
15.60.090 Use of fee.
A. The revenue raised by payment of the FMIF shall be placed in a separate and special account or fund in a manner to avoid any commingling with other revenues and funds of the city of Solana Beach; and, such revenues, along with any interest earnings on the account or fund, shall be used solely to:
1. Pay for the city’s future acquisition of additional fire suppression/rescue facilities, vehicles and equipment described in the City of Solana Beach Fire Mitigation Impact Fee Program, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other resources; or
2. Reimburse developers who have been required or permitted to install such listed facilities which are oversized with supplemental size, length, or capacity, relative to demand generated by the subject project; or
3. Pay costs required for the administration of this chapter, including, but not limited to, costs incurred in conducting hearings required by state law.
B. The FMIF fund, including accrued interest, shall be subject to all of the applicable provisions of Government Code Section 66000 et seq., as may be amended from time to time, including but not limited to the requirements for accounting, reporting and expenditure of the fund for the improvements specified in the City of Solana Beach Fire Mitigation Impact Fee Program. (Ord. 492 § 3, 2018)
15.60.100 Fire suppression/rescue facilities, vehicles and equipment to be financed by the fee.
A. The fire suppression/rescue facilities, vehicles and equipment to be financed by the fee established by this chapter are identified in the City of Solana Beach Fire Mitigation Impact Fee Program.
B. The city council may modify or amend the City of Solana Beach Fire Mitigation Impact Fee Program in order to maintain compliance with the city’s general plan. (Ord. 492 § 3, 2018)
15.60.120 Exemptions.
The following development types shall be exempt for the application of the provisions of this chapter:
A. City-owned facilities and buildings.
B. Redevelopment that does not result in additional square feet.
C. Single-family residential remodel projects which include fire sprinklers being added. (Ord. 492 § 3, 2018)
15.60.130 Refund of fees.
If a building permit or development permit expires, is cancelled, or is voided and if any fees paid pursuant to this chapter have not been expended and no construction has taken place pursuant to such building permit or development permit, the director of community development shall, upon written request, refund the fee and any interest earned on the fee, less any administrative costs, to the applicant of record. (Ord. 492 § 3, 2018)