Antioch Municipal Code Ch. 7 Fire Protection Facilities Fees

This chapter shall be known as the “Fire Protec-tion Facilities Fees Law” of the city.

(‘66 Code, § 3-7.01) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

When the County Board of Supervisors finds, pursuant to County Ordinance Chapter 818-2, that the fire protection facilities of the Contra Costa County Fire Protection District are overextended, the county shall notify the Council of such finding.

(‘66 Code, § 3-7.02) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

Upon the receipt of such notice of findings from the county, the Council shall consider the matter and determine if the Council concurs with such findings. If the Council, by resolution, concurs with the county findings, then the powers authorized by this chapter shall become effective and shall be imposed.

(‘66 Code, § 3-7.03) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

Upon the adoption of the resolution referred to in § 3-7.03 of this chapter, developments shall pay fees for fire protection facilities as a condition of approval. The city and the Contra Costa County Fire Protection District shall enter into a binding agreement regarding how the collected fees will be used to provide fire protection facilities. Upon the execution of such agreement by both agencies, the fees which are collected shall be transferred to the Contra Costa County Fire Protection District and shall be used only for the purpose of providing fire protection facilities, as defined in County Ordinance Chapter 818-2.

(‘66 Code, § 3-7.04) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

The amount of fees imposed shall be as follows:

(A) Per single-family dwelling unit, $951;

(B) Per multi-family dwelling unit, $451;

(C) Per 1,000 square feet of office space, $568;

(D) Per 1,000 square feet of commercial space, $649; and

(E) Per 1,000 square feet of industrial space, $379.

The definition of single-family, multi-family, office, commercial, and industrial is found in § 3-9.03 of this code.

(‘66 Code, § 3-7.05) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 1097-C-S, passed 7-10-07; Am. Ord. 2173-C-S, passed 10-8-19)

The fees required by this chapter shall be imposed and collected at the time the building permit is issued, irrespective of whether a subdivision map has been approved prior to the adoption of this chapter. In cases where a building permit is not required, the payment shall be a condition precedent to the provision of water to the project by the city. Such fees shall be placed into an interest-bearing trust account, to be used for no other purpose. The City Manager and the Fire Chief of the Contra Costa County Fire Protection District shall administratively adopt procedures for the transfer of the funds from the city to the Fire Protection District. Such fees shall not be considered city “proceeds of taxes” under Article XIIIB of the Constitution of the State. The city shall retain 1% of the amount of the fees collected to reimburse itself for the cost of administering this chapter.

(‘66 Code, § 3-7.06) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

The Council, by ordinance, may amend the fee schedule adopted by this chapter upon a request by the Contra Costa County Fire Protection District.

(‘66 Code, § 3-7.07) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

(A) If a final subdivision map, conditional use permit, development plan, or building permit is cancelled, voided, or lapses, and if the city still retains the fees collected for such project, and if the applicant so requests, the Council shall order that such fees be returned to the applicant.

(B) If a final subdivision map, parcel map, conditional use permit, development plan, or building permit is cancelled or voided, and if the Contra Costa County Fire Protection District still retains the fees transferred to it by the city, and if the applicant so requests, the Fire Protection District shall return to the applicant such fees.

(‘66 Code, § 3-7.08) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)

The city shall not be liable to the Contra Costa County Fire Protection District or to the county for any failure to collect a fee, for any miscalculation of any fee, or for any other failure or oversight in the administration of this chapter.

(‘66 Code, § 3-7.09) (Ord. 658-C-S, passed 1-29-87; Am. Ord. 2173-C-S, passed 10-8-19)