Carpinteria Municipal Code Ch. 8.26 Fire Protection Mitigation Fees

Footnotes:

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Prior code Sections 26.010 through 26.100 as amended by Ord. 441

The council finds and declares as follows:

A. The state of California, through the enactment of Government Code Sections 66001 through 66009 has, among other things, determined that a nexus must be established in the enactment of development impact fees.

B. The imposition of development impact fees is one of the preferred methods of ensuring that new development bears a proportionate share of the cost of public facilities and service improvements necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.

C. This chapter recognizes that new development within the city will result in additional growth and that such growth will place additional burdens on the ability of the Carpinteria-Summerland fire protection district to provide adequate fire protection services.

D. All land uses within the city should bear a proportionate financial burden in the construction and improvement of the fire protection facilities and services necessary to serve them.

E. By separate resolution on file in the office of the city clerk, the council has adopted the development impact fee nexus report prepared by the Carpinteria-Summerland Fire Protection District.

F. The development impact fees established by this chapter are based upon the costs generated through the need for new fire protection services and facilities required, incrementally, by new development within the city.

G. The fees established by this chapter do not exceed the reasonable cost of providing fire protection services and facilities occasioned by development projects within the city.

H. The fees established by this chapter relate rationally to the reasonable cost of providing fire protection services and facilities occasioned by development projects within the city, which fire protection services and facilities are consistent with the city's general plan and the housing element of the general plan.

I. The fire protection services and facilities and anticipated future development herein referenced are based upon an analysis of existing land use and zoning.

J. The fees established by this chapter are consistent with the goals and objectives of the city's general plan and are designed to mitigate certain impacts caused by new development throughout the city. Development impact fees are necessary in order to finance the required fire protection services and facilities and service improvements and to pay for new development's fair share of their construction costs.

K. Imposition of fees to finance fire protection services and facilities and service improvements is necessary in order to protect the public health, safety and welfare.

(Ord. No. 717, § 2, 8-14-2017; Ord. 599 § 1 (part), 2004)

For purposes of this chapter, the following terms, phrases, words and their derivation shall have the meanings respectively ascribed to them by this section:

A. "Carpinteria-Summerland Fire Protection District" or "District" means the fire protection district formed pursuant to the Fire Protection District Law of 1987 having jurisdiction over that portion of Santa Barbara County consisting of approximately thirty-six (36) square miles along the coast of Santa Barbara County, extending from the town of Summerland through the city of Carpinteria. For purposes of this chapter, the term "Carpinteria-Summerland Fire Protection District or "District" shall not include that portion of the district that lies outside the limits of the city, if the inclusion of such portion would be inconsistent with the imposition of fees pursuant to this chapter.

B. "Development" or "development project" means any project undertaken for the purpose of development. "Development" or "development project" shall include all projects involving the issuance of a permit for construction or reconstruction, remodeling or any work requiring any permit under the Carpinteria Municipal Code or ordinances of the city, as the same presently exist or may be amended from time to time here after. The term "development" or "development project" shall also include permits for erection of greenhouses, manufactured housing or structures and structures moved into the city.

C. "Fire Protection Mitigation Fee" means a monetary exaction, other than a tax or special assessment, which is charged by the city to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in § 66477 of the California Government Code, fees for processing applications for governmental regulatory actions or approvals or fees collected under development agreements adopted pursuant to Article 2.5 (commencing with § 65864) of Chapter 4, Division 1, Title 7 of the California Government Code.

D. "Fire apparatus" means and includes, but is not limited to, fire trucks, brush trucks, utility vehicles, water tenders, bulldozers, paramedic rescue vehicles and paramedic ambulances.

E. "Fire equipment" means and includes, but is not limited to, ladders, fittings, hoses and tools.

(Ord. 599 § 1 (part), 2004)

A. Any person who, after the effective date of the ordinance codified in this chapter, seeks to develop land within the city by applying for a building permit, is required to pay a fire protection mitigation fee to pay for capital improvements necessary for the district to provide fire protection services, including but not limited to fire equipment, fire apparatus, buildings and structures.

B. No permits or extension of permits for the activities referenced in subsection A of this section shall be granted unless and until the appropriate fire protection mitigation fee has been paid to the city.

C. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision of this chapter, the fire protection mitigation fee as established herein shall apply to any development project that has heretofore received a tentative map approval or other approval from the city, where the approval of the same, assented to by the developer, has been conditioned upon payment of development impact fees.

D. The city council shall from time to time adopt, after noticed public hearing, a resolution setting forth the specific amount of the fee. In adopting the resolution, the city council shall:

1. Identify the purpose of the fee;

2. Identify the use to which the fee is to be put;

3. Determine a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;

4. Determine how there is a reasonable relationship between the need for the specific capital improvement and the type of development project on which the fee is imposed; and

5. Establish the specific amount of the fee.

(Ord. 599 § 1 (part), 2004)

The fire protection mitigation fee shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 2005, by a percentage equal to the Engineering Cost Index as published by Engineer News Record for the preceding twelve (12) months.

(Ord. 599 § 1 (part), 2004)

The amount of each fire protection mitigation fee may be more specifically set and revised periodically by resolution of the council, with the ordinance codified in this chapter being considered as enabling and directive in this regard.

(Ord. 599 § 1 (part), 2004)

Each fee collected pursuant to this chapter shall be deposited in a special fund created to hold the revenue generated by the fire protection mitigation fee. Moneys within the fund shall be transmitted to the district and expended by the district only for specific projects that are of the same category as that for which the money was collected.

(Ord. 599 § 1 (part), 2004)

The approved zoning for the property to be developed and/or the use associated with the development project shall be used in the computation of the fee required to be paid with respect to any property. Properties shall be classified into the category of use as between estate single family residential, single family residential, multiple family residential, mobile homes, commercial lodging, commercial/office or industrial and shall pay fees pursuant to that classification, as determined by the city manager or a duly authorized designee. All fees due hereunder shall be determined and calculated by the city manager or his duly authorized designee.

(Ord. 599 § 1 (part), 2004)

A. The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below. Fees imposed on residential development, however, shall be collected in accordance with the provisions of California Government Code Section 66007, as the same presently exists or may hereafter be amended from time to time.

B. The term "building permit" as used in this chapter includes any permits required for construction, reconstruction, remodeling, moving structures into the city and the like, such as electrical and plumbing permits, moving permits and the like.

(Ord. 599 § 1 (part), 2004)

A. A developer of any project subject to the fees described in this chapter may apply to the council for a reduction, adjustment or waiver of any one or more of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee(s) charged or the type of facilities to be financed.

B. The application shall be made in writing and filed with the city clerk not later than (1) ten days prior to the public hearing on the development permit for the project or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. As provided herein, a development permit is defined as the discretionary permit issued for the development project.

C. The council shall consider the application at the public hearing on the development permit or at a separate public hearing held within sixty (60) days after the filing of the fee adjustment application, whichever is later. The decision of the council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee if such change in use would render the same inappropriate. The hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearing on development permits.

D. The council may, from time to time and as the need may arise, set forth by resolution specific limitations that will apply to reductions, adjustments or waivers of fees that may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.

(Ord. 599 § 1 (part), 2004)

A. Funds collected from the fire protection mitigation fee pursuant to this chapter shall be used for the purpose of:

1. Paying the actual or estimated costs of constructing and/or improving the facilities, improvements, fire apparatus or fire equipment to which the fee relates, including any required acquisition of land or rights-of-way therefore;

2. Reimbursing the district for the development's share of those facilities, improvements, fire apparatus or fire equipment already constructed or to reimburse the district for costs advanced, including without limitation, administrative costs incurred with respect to a specific project; or

3. Reimbursing other developers who have constructed facilities or improvements described in the resolution adopted pursuant to Section 8.26.030, where those facilities or improvements were beyond those needed to mitigate the impact of the developer's project or projects.

B. In the event that bonds or similar debt instruments are issued for advanced provision of facilities for which fire protection mitigation fees may be expended, fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.

C. The city shall deposit, invest, account for and transmit to the district for expenditure the fire protection mitigation fees pursuant to California Government Code § 66006, as the same may be amended from time to time.

D. Funds may be used to provide refunds as described in Section 8.26.110.

(Ord. 599 § 1 (part), 2004)

A. If a building permit expires without commencement of construction, then the feepayer shall be entitled to a refund, without interest, of the fire protection mitigation fee paid as a condition for its issuance. The feepayer must submit an application for such a refund to the city manager within thirty (30) calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.

B. In the event any fee collected pursuant to this chapter remains unexpended in any fund established pursuant to this chapter, the city council shall make the following findings, for the fifth fiscal year following the first deposit into such account and every five years thereafter with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put;

2. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged;

3. Identify all sources and amounts of funding anticipated to complete financing of improvements; and

4. Designate the approximate dates on which such funding is expected to be deposited into the appropriate fund.

C. The unexpended portion of the fire protection mitigation fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to subsection B of this section, shall be refunded to the then current record owner or owners of lots or units of the development project or projects on a prorated basis.

D. The provisions of California Government Code § 66001(d), (e) and (f), as the same may be amended from time to time, shall apply fully to any refund of fees and the provisions of subsections B and C of this section shall be subordinate to the section and shall be applied consistent therewith.

(Ord. 599 § 1 (part), 2004)

A. Any claim of exemption with respect to any fee collected pursuant to this chapter must be made no later than the time for application for fee adjustment. The following shall be exempted from payment of the fire protection mitigation fee:

1. Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created, the use is not changed and the alteration, renovation or expansion of the existing residential building or structure does not result in the total square footage of the existing residential building or structure exceeding two thousand seven hundred (2,700) square feet; provided, however, that the expansion of or change of use of an existing commercial or industrial building or structure shall not be exempt from the fees established in this chapter. For purposes of this section, "expansion" shall be defined as any increase in the gross floor area of the existing building or structure and "change of use" shall be defined as the initiation of a use which requires approval of a conditional use permit, development plan, zone change or local coastal plan amendment.

2. The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.

(Ord. 599 § 1 (part), 2004)

A. New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under Title 14 of this code, including a nonconforming use.

B. New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide or other casualty or act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under Title 14 of this code, including a nonconforming use, at the time thereof.

C. Credit for such eliminated development or development that was partially or totally destroyed (as above specified) shall be calculated by the city manager or a designee in accordance with the fee schedule set forth in the resolution to be adopted pursuant to this chapter.

(Ord. 599 § 1 (part), 2004)

A. In-Lieu Fee Credits for Construction of Improvements.

1. A developer that has been required by the city to construct any fire protection facilities or improvements (or a portion thereof) referenced in Chapter 8.26.030 as a condition of approval of a development permit may request an in-lieu credit. Upon request, an in-lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefore that is attributable to and reasonably related to the given development.

2. Only costs proportional to the amount of the improvement or facility that mitigates the need therefore attributable to and reasonably related to the given development shall be eligible for in-lieu credit and then only against the fire protection mitigation fee.

3. Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to said fees, as demonstrated by the applicant and reviewed and approved by the city engineer, all consistent with the provisions of subsections A(l) and (2) of this section. Subject to the applicable provisions of subsection B of this section, if the cost of the facilities or improvements is greater than required relevant fees, this chapter does not create an obligation on the city to pay the applicant the excess amount.

4. An amount of in-lieu credit that is greater than the specific fee required under this chapter may be reserved and credited toward the fire protection mitigation fee of any subsequent phases of the same development, if determined appropriate by the city engineer. The city engineer may set a time limit for reservation of the credit.

5. Credits shall be calculated by the city engineer in accordance with the fee schedule set forth in the resolution to be adopted pursuant to this chapter.

B. Developer Construction of Facilities or Improvements Exceeding Needs Related to Development Project. Whenever an applicant is required as a condition of approval of a development permit, to construct any facility or improvement (or a portion thereof) referenced in the resolution adopted pursuant to this chapter, which facility or improvement is determined by the city to exceed the need therefore attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee that would otherwise be charged pursuant to this chapter on the development project shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development and shall be determined, administered and processed in accordance with and subject to the provisions of this chapter. The amount to be reimbursed shall be that portion of the cost of the improvement or facility that exceeds the need attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the city and shall be approved by the council.

C. Site-Related Improvements. Credit shall not be given for site-related improvements that are specifically required by the project in order to serve it and which do not constitute facilities or improvements specified in this chapter.

D. Determination of Credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities or dedication of land or rights-of-way, shall submit such documentation, including without limitation, engineering drawings, specifications and construction cost estimates and utilize such methods as may be appropriate and acceptable to the city engineer to support the request for credit or reimbursement. The city engineer shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if he determines that such estimates submitted by the developer are either unreliable or inaccurate. The city engineer shall determine whether facilities or improvements are eligible for credit or reimbursement.

E. Time for Making Claim for Credit. Any claim for credit must be made no later than the application for a building permit. Any claim not so made shall be deemed waived

F. Transferability of Credit—Council Approval. Credits shall not be transferable from one project or development to another without the approval of the city council.

G. Appeal of Determinations of City Engineer. Determinations made by the city engineer pursuant to the provisions of this section may be appealed to the council by filing a written request with the city manager, together with a fee established by resolution of the council, within ten (10) calendar days of the determination of the city engineer.

(Ord. 599 § 1 (part), 2004)

A. Except for the first year this chapter is in effect, no later than sixty (60) days following the end of each fiscal year, the city manager shall prepare a report for the council identifying the balance of fees in the special fund, the facilities constructed and the facilities to be constructed. In preparing the reports, the city manager shall adjust the estimated costs of the public improvements in accordance with the Engineering Construction Cost Index as published by Engineer News Record for the elapsed time period from the previous July 1 st or the date that the cost estimate was developed.

B. At a noticed public hearing, the council shall review estimated costs of the capital improvements described in the reports and the continued need for these improvements. The council may revise the fire protection mitigation fee to include additional projects not previously foreseen as being needed and such revisions shall comply with Government Code § 66001.

C. The report prepared by the city manager and its review by the council, as well as any findings thereon, shall be subject to the provisions of California Government Code § 66006, to the extent applicable (the sections being controlling in the event of any applicable conflict).

(Ord. 599 § 1 (part), 2004)

The provisions of this chapter and any resolution adopted pursuant hereto, shall at all times be subject and subordinate to the provisions of Chapter 5 (commencing with § 66000), Division I, of Title 7 of the California Government Code, as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any applicable conflict between the provisions of this chapter and the state law, the latter shall control.

(Ord. 599 § 1 (part), 2004)

The provisions of this chapter and any resolution adopted pursuant hereto, shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith.

(Ord. 599 § 1 (part), 2004)