Agoura Hills Municipal Code Ch. 6 Fire Protection Development Fee

This chapter of the Agoura Hills Municipal Code may be referred to as the "fire protection development fee ordinance" of the City of Agoura Hills.

(Ord. No. 231, § 2, 5-26-93)

For the purposes of this chapter:

(a) Development project shall mean the construction of residential, commercial, industrial or other buildings and structures, and the addition of floor space to existing buildings and structures.

"Development project" shall not include the following:

(1) Construction undertaken by the United States or any agency or instrumentality thereof, the state or any county, district or any political subdivision of the state;

(2) Enlargement, reconstruction, remodeling or alteration of a building. However, if the square footage of the building is increased by more than two thousand (2,000) square feet above the amount of legally permitted square footage that existed on July 1, 1993, then the fee imposed pursuant to this chapter shall apply to all such increased amount of square footage;

(3) Replacement of any building on the same lot, if construction of the replacement building is commenced within twelve (12) months after the date that the previous building was substantially removed from the lot. However, if the square footage of the replacement building is more than two thousand (2,000) square feet greater than the square footage of the original building, then the fee imposed pursuant to this chapter shall apply to all such increased amount of square footage;

(4) Development which is located in an assessment district that is established to fund fire protection facilities; or

(5) Development regarding which the developer enters into a development agreement with the city pursuant to which fire protection development fees are assessed to the developer.

(b) Fire protection infrastructure improvement shall include, but not be limited to, the acquisition, construction, improvement, and equipping of fire stations, or other infrastructure improvements directly necessary for the establishment of a fire station.

(Ord. No. 231, § 2, 5-26-93)

A fire protection development fee is hereby established and imposed upon all development projects. The city council shall establish by resolution the specific amount of the fee.

(Ord. No. 231, § 2, 5-26-93)

With regard to nonresidential development, the fee required pursuant to this chapter shall be paid prior to the issuance of a building permit for any development project required to pay such fee. With regard to residential development, the fee required pursuant to this chapter shall be paid prior to issuance of a certificate of occupancy for the development project. The amount of the fee to be paid shall be the amount in effect at the time of the issuance of the building permit or certificate of occupancy, respectively.

(Ord. No. 231, § 2, 5-26-93)

Any developer or property owner subject to the fee required by this chapter may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impact of that development on the city's need for additional fire protection facilities and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than: (1) thirty (30) days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit or certificate of occupancy. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consult with the consolidated fire protection district of Los Angeles County, and consider the application at the public hearing on the permit application, or at a separate hearing when a public hearing is not otherwise required to be held, within sixty (60) days after the filing of the fee adjustment application. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any increase in the square footage of the development project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 231, § 2, 5-26-93)

The fees paid pursuant to the provisions of this chapter shall be placed into a fund to be used solely for the purpose of constructing fire protection facilities to serve new residential and commercial development.

(Ord. No. 231, § 2, 5-26-93)

A fee which is collected for the construction of a development project which is not built is refundable. A refund shall be made upon application of the property owner to the city manager and upon a showing that the construction of the development project has not commenced and that the building permit issued therefor has expired, has been canceled or has been revoked. Application must be made within one (1) year from the cancellation, expiration or revocation of the building permit; provided, however, no refund shall be made when a development project is damaged or destroyed. An amount may be deducted from any refund made pursuant to this paragraph to offset costs incurred by the city for administering the fee.

(Ord. No. 231, § 2, 5-26-93)

A developer shall be entitled to a reduction in the amount of the fees required by this chapter for fire protection infrastructure improvements provided by the developer as a condition of development approval. All fee reductions for in-kind consideration shall be subject to the prior approval of the city, in consultation with the consolidated fire protection district of Los Angeles County, and shall be limited to the reasonable costs of improvements consistent with the requirements imposed by the city. The costs of improvements which exceed the requirements imposed by the city shall be excluded from the amount by which the fees shall be reduced.

(Ord. No. 231, § 2, 5-26-93)

The fees required by this chapter shall be supplementary to the fees and conditions imposed upon development projects pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other state and local laws, ordinances or administrative regulations which may authorize the imposition of conditions or fees on development.

(Ord. No. 231, § 2, 5-26-93)

The public works director shall be responsible for administering the provisions of this chapter. Decisions made by the director may be appealed to the city council.

(Ord. No. 231, § 2, 5-26-93)