Chapter 3.32 — FIRE SUPPRESSION DEVELOPMENT FEE PROGRAM

The Town Council finds as follows:

A.

Pursuant to Article 11, Section 7 of the California Constitution, the Town of Apple Valley is empowered to enact measures that protect the health, safety and welfare of its citizens.

B.

The development of residential, commercial, office and industrial property in the Town of Apple Valley will create increased calls for fire protection services. As a result, new fire suppression facilities, vehicles and equipment will be needed to maintain current levels of service and maintain safe emergency response times within the Town.

C.

The Town Council finds that the proposed fire suppression facilities, vehicles and equipment are identified in Chapter 3 of the "Fire Suppression Facilities et al. Development Impact Fee Calculation and Nexus Report and Master Facilities Plan for the Apple Valley Fire Protection District" ("Report") and are necessary to provide fire protection services to the area within the boundaries of the Town of Apple Valley.

D.

The Town Council further finds that the Fire Suppression Development Fee Program is necessary to establish administrative regulations and authority for a funding mechanism for the acquisition and construction of fire suppression facilities, vehicles and equipment, as these are identified in the Report, and is necessary to provide funding to maintain adequate fire protection services to the residences and businesses of the Town of Apple Valley.

E.

With regard to the methodology for levying the Fire Suppression Development Fee, the Town Council further find that:

The Report describes in detail the number of fire calls for service that typical single and multiple family residential, commercial/office and industrial uses generate, the expanded fire suppression facilities, vehicles and equipment required to service new development in the Town and the estimated costs of those facilities, vehicles and equipment.

The estimated cost for the fire suppression facilities, vehicles and equipment as described in the Report is based upon current construction costs for similar facilities constructed in the Town and comparable cities and current acquisition costs. The Report was prepared relatively recently, in November of 2006, and the Town Council finds that the construction and acquisition costs identified are less than or equal to current construction and acquisition costs. As such, use of the November 2006 Report is reasonable and will not lead to changes that exceed the reasonable costs for providing the services. The Town Council finds that

the method for estimating the costs relating to units for detached dwellings, attached dwellings, mobile home dwellings and commercial lodging units is reasonable, and that the method for estimating the costs relating to commercial, office and industrial structures is reasonable based on a square footage basis, and will not exceed the reasonably estimated total of these costs.

The Land Use Element of the General Plan and Development Code of the Town of Apple Valley specify the permitted uses of the land within the Town and place limits on the intensity and density of development. The Town Council has reviewed the relationship between land uses and densities permitted and the rate and amount of actual development within the Town. The Town Council has identified trends in growth and development which enable the Town Council to project, with a reasonable degree of accuracy, the extent of future development and the impacts such development will have on public safety services, including fire protection.

The Town Council has also examined the extent to which different land uses generate demands for public safety services and have taken into consideration, among other evidence, the information contained in the Report discussing such demand generators.

The Town Council also finds that the costs of the fire suppression facilities, vehicles and equipment, as described in the Report and as proposed to be funded by the Fire Suppression Development Fee, are apportioned relative to the anticipated impacts created by new development within the Town of Apple Valley, and that the fees are fairly apportioned on individual residential dwelling and lodging units and proposed commercial/office/industrial development on a square footage basis throughout the Town on the basis of benefits conferred on property proposed for development and the need for such facilities created by such development.

The facts and evidence established that there is a reasonable relationship between the need for the fire suppression facilities, vehicles and equipment and the types of development upon which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charge. These relationships are described in more detail in the Report.

The facts and evidence further establish that there is a reasonable relationship between the amount of the fees collected and the costs of the fire suppression facilities, vehicles and equipment attributable to the development for which the Fire Suppression Development Fee is imposed. This relationship is described in more detail in the Report.

F.

The Fire Suppression Development Fees collected pursuant to this Chapter shall be used only to finance the fire suppression facilities, vehicles and equipment described and identified in the Report.

G.

It is the intent of the Town Council to adopt a fair and equitable method of securing the necessary revenues to fund the fire suppression facilities, vehicles and equipment, including the construction costs to accommodate additional and expanded fire stations.

H.

It is the intent of the Town Council to enter into a Memorandum of Understanding or similar agreement with the Apple Valley Fire Protection District to implement the provisions of this Chapter.

The purpose of this Chapter is to provide for the means to finance the fire suppression facilities, vehicles and equipment and detailed in Chapter 3 of the "Fire Suppression Facilities et al. Development Impact Fee Calculation & Nexus Report and Master Facilities Plan for Apple Valley Fire Protection District." This Chapter shall apply to the construction of new and extended dwelling and lodging units and commercial, office and industrial development of property within the Town.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

A.

Affected territory means the corporate boundaries of the Town of Apple Valley.

B.

Development Impact Fee Report is Chapter 3 of the "Fire Suppression Facilities et al. Development Impact Fee Calculation & Nexus Report and Master Facilities Plan for Apple Valley Fire Protection District" dated November 2006. This document was prepared by Revenue and Cost Specialists, LLC and summarizes the needed facilities mentioned herein, their estimated costs, and sets forth the required nexus findings.

C.

Development project shall mean:

The construction of one or more dwelling or lodging units.

The construction of new commercial, office and industrial development.

Additions to existing commercial, office and/or industrial development.

D.

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy by one family for living and sleeping purposes, including single-family dwellings, multiple-family dwellings and manufactured housing.

E.

Effective date means the date that the fees in this Chapter may be collected that date being 60 days after the adoption of the fee resolution adopting the fees.

F.

The Master Facility Plan is the Master Facilities Plan for the Apple Valley Fire Protection District within the service area boundaries of the Town of Apple Valley as updated from time to time. This document is part of the Development Impact Fee Report prepared by Revenue and Cost Specialists, LLC and describes each of the facilities mentioned herein and their estimated costs.

G.

Secondary residential unit means a second dwelling unit on the same lot as an existing primary residential unit, as described in Section 9.29.120 of the Development Code of the Town of Apple Valley.

A.

Each owner of a lot or parcel of property within the Town shall pay to the Town prior to the issuance of a building permit for the construction of any residential development project the Fire Suppression Development Fees adopted by separate resolution of the Town Council to fund the cost of fire suppression facilities, vehicles and equipment necessitated by the impacts from new development projects.

B.

Each owner of a lot or parcel of property within the Town shall pay to the Town prior to the issuance of a building permit for the construction of any commercial, office or industrial development project the Fire Suppression Development Fees adopted by separate resolution of the Town Council to fund the cost of fire suppression facilities, vehicles and equipment necessitated by the impacts from new development project.

C.

The amount of the Fire Suppression Development Fee shall not exceed the fair share of the estimated cost of constructing and/or acquiring and/or staffing the fire suppression facilities, vehicles and equipment as described in the Development Impact Fee Report. The amount of the Fire Suppression Development Fee shall be established, adopted and reviewed by separate resolution of the Town Council.

A.

The fees paid pursuant to this Chapter shall be placed in a separate fund, which may be further segregated by specific project. The fund shall be known as "The Fire Suppression Facilities, Vehicles and Equipment Fund." Fees collected may be provided to the Apple Valley Fire Protection District provided the District agrees to use the funds for the same purposes for which they were collected and in accordance with the California Mitigation Fee Act (Government Code § 66000 et seq.), pursuant to a Memorandum of Understanding or other form of agreement to be entered into by the Town and the Apple Valley Fire Protection District.

B.

Monies collected in the fund, and interest earned thereon, shall be expended solely for fire suppression facilities, vehicles and equipment shown in the Development Impact Fee Report, including any amendments or modifications thereto or future impact fee reports adopted by the Town in compliance with the California Mitigation Fee Act.

A.

An owner of a parcel of property otherwise required to pay a fee under Section 3.32.030 shall receive a credit of the corresponding development fee if that owner constructs and/or donates fire suppression facilities, vehicles or equipment or any portion thereof, identified in the Development Impact Fee Report, regardless of how it may be financed, that serves the owner's parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant to this Chapter.

B.

The amount of the development fee credit shall equal the Town's most recent estimated cost of constructing and/or furnishing fire suppression facilities, vehicles and/or equipment identified in the Development Impact Fee Report that are actually completed or purchased.

C.

An owner of a parcel of property may be further entitled to a development fee credit where the Town determines, on a case-by-case basis, that the construction of a fire suppression facility, or a portion thereof, or purchase of vehicle or equipment will be necessary to provide basic services to the entire Town even though it does not directly serve the owner's project or is of greater capacity than that required to serve the owner's project adequately.

D.

The amount of the development fee credit shall be determined after inspection and acceptance of the facility or portion of the facility at the time of payment of the Fire Suppression Development Fee or donation of the fire suppression facility, vehicle or equipment.

E.

If an owner pays the fee assessed under Section 3.32.030 and later elects, after Town approval, to accelerate the development by constructing or purchasing facilities, vehicles or equipment for the project, the owner may apply for and receive a refund, up to the amount of the Fire Suppression Development Fee, for such facilities, vehicles and equipment after they are certified by the Town Engineer as complying with the appropriate Master Facility Plan Town ordinances, and applicable law.

F.

To the extent that an owner is granted a development fee credit, such owner shall not be entitled to a future reimbursement for their construction or donation of fire suppression facilities, vehicles and/or equipment except as provided in Section 3.32.060.

G.

A development fee credit is an obligation of the Town that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.

H.

A developer shall also be entitled to a credit if the Town and developer have executed an agreement or there is a preexisting ordinance which specifically exempts the developer from the payment of the fees enacted under this Chapter. The availability of the credit and its amount shall be determined by the Town on a case-by-case basis based on the provisions of the applicable agreement.

A.

The owner of a parcel of property otherwise required to pay a fee under Section 3.32.030 will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected Fire Suppression Development Fees the direct and verifiable costs of constructing or furnishing fire suppression facilities, vehicles and/or equipment, or portions thereof, identified in the appropriate Development impact Fee Report where all of the following conditions are satisfied:

The owner has constructed the improvements, or portions thereof, that are identified in the Master Facility Plan.

The Town required that the improvements be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner's project.

The Town approved, prior to the construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable.

The improvement, or portion thereof, has been dedicated to the public.

The improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works.

B.

The Town shall not reimburse the owner for costs related to financing any portion of the fire suppression facilities, vehicles or equipment.

C.

The owner shall only be entitled to reimbursement to the extent that the fire suppression facilities, vehicles or equipment benefit property not within the owner's project. Thus, an owner may receive a development fee credit as provided in Section 3.32.050 for the portion of the fire suppression facilities, vehicles or equipment that serve the owner's project and reimbursement for the oversized or extra-capacity or extended portion that benefits subsequently developed property.

D.

In no event shall an owner receive a development fee credit and/or reimbursement in excess of the Town's most recent estimated cost of constructing or purchasing the fire suppression facilities, vehicles or equipment or the portions thereof actually completed or purchased.

E.

Any reimbursement agreement entered into under this Section shall require the Town, for a period of up to 15 years, to reimburse the owner from the proceeds of the Fire Suppression Development Fees collected from new projects that directly benefit from the fire suppression facilities, vehicles or equipment financed by the fee which is the subject of the reimbursement agreement. Reimbursement shall only be made from fees collected to fund fire suppression facilities, vehicles or equipment which are of the same type as the fire suppression facilities, vehicles or equipment constructed or purchased by the owner, and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement.

The Town Council is empowered to grant deferrals or waivers of any fee imposed by this Chapter upon request, after notice and hearing, if in the opinion of the Town Council, properly supported by specific findings, deferral would allow a better or more fair financing arrangement to be developed and imposed, or where waiver is required because imposition of such fee or fees would cause undue hardship. Findings must include facts supporting deferral or waiver including, without limitation, findings that in the case of deferral: (1) other properties to be benefited by any fee will not be burdened by the review and delay in fee imposition, or (2) alternative financing methods involving more than one owner have been proposed for review, and, (3) delay will result in a more fair funding arrangement; and, in the case of waiver the owner will receive little or no benefit from the fee imposed and would therefore be required, if the fee were imposed, to pay more than his or her fair share for the benefit received.

As areas not presently situated within the Town boundaries seek to annex to the Town, the Town Council shall determine the benefit to such land areas of the public facilities and infrastructure funded by this Chapter. The Town Council may then impose the Fire Suppression Development Fee, in whole or in part, as established by this Chapter, upon such annexed areas to the extent necessary to assure that such areas pay their fair share of the actual costs of the fire suppression facilities, vehicles or equipment that benefit their projects, unless the Town Council determines that such an imposition would cause inequities or that a better or fairer financing arrangement can and should be developed and imposed.

The Town waives all Fire Suppression Impact Fees established by any resolution for affordable housing.

(Ord. 342, 5-8-07)