Citrus Heights Municipal Code Art. XXIX Fire Capital Facilities Impact Fee

(a) The Sacramento Metropolitan Fire District provides fire protection and medical emergency services to residential units and non-residential buildings within its service area, including portions located within the city.

(b) New development within SMFD's service area will generate a need to expand existing facilities, construct new fire facilities, and purchase fire and safety equipment to serve the increased population.

(c) The purpose of this article is to use the authority in Article XI, Section 7 of the California Constitution and in the Mitigation Fee Act (Government Code Section 66000 et seq.) to impose development impact fees to fund the cost of certain facilities and equipment necessary for SMFD to serve new development.

(Ord. No. 2022-006, § 1, 7-14-2022)

Accessory dwelling unit means an attached or a detached residential dwelling unit occupying the same parcel as the primary dwelling unit, which provides complete independent living facilities for one or more persons as further defined and subject to the requirements of the Municipal Code and applicable state law. This includes efficiency units and junior accessory dwelling units.

Additional dwelling units means the net increase in the number of dwelling units on a parcel of real property for residential development.

Additional floor area of buildings means the net increase in the floor area of buildings as both terms are defined in the Uniform Building Code as adopted by the city (and as described in the building permit) on a parcel of real property for non-residential development.

Administration costs means amounts spent, or authorized to be spent, in connection with the collection, calculation, processing, program development and other management of development impact fees.

Administrator means the community development director or designee.

Building permit means the permit issued or required for the construction or improvement of additional square footage for any structure pursuant to and as defined by the building code.

Capital Facilities Impact Fee City Administration Fund means the fund of that name established pursuant to section 18-704.

Community development director means the community development director or designee.

Development impact fee means the fees levied pursuant to section 18-703 of this article.

Developer means the owner of land that is to be developed as part of a development project.

Development project or project means a construction or reconstruction project that requires a zoning permit or building permit under this code.

Development unit means: (i) dwelling unit for residential development, and (ii) square foot for non-residential development.

Facilities means those fire protection facilities and equipment specified in the impact fee study.

Fire chief means the fire chief of the SMFD or designee.

Fire costs means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of facilities consistent with the impact fee study including, without limitation, the costs of fire protection and emergency response equipment, apparatus, vehicles, and facility site improvements, construction, engineering, design, consulting fees, permit fees, and administration.

Impact fee study means the analysis establishing the legal and policy basis for the imposition of fire protection impact fees for the Sacramento Metropolitan Fire District in compliance with the Mitigation Fee Act as most recently approved by the city council.

Program rate means the development impact fee per development unit.

SMFD means the Sacramento Metropolitan Fire District.

SMFD Capital Facilities Impact Fee Fund means the fund of that name established pursuant to section 18-704.

SMFD Capital Facilities Impact Fee Program means the funding mechanism for facilities identified in the impact fee study.

(Ord. No. 2022-006, § 1, 7-14-2022)

(a) The city council shall by resolution approve the impact fee study.

(b) The city council shall annually receive a report pursuant to Government Code Section 66006 on the SMFD Capital Fire Facilities Impact Fee Program.

(c) The city council may periodically amend the SMFD Capital Fire Facilities Impact Fee Program by resolution at its discretion.

(Ord. No. 2022-006, § 1, 7-14-2022)

Except as otherwise provided in this article, the following fees are hereby imposed upon the developer of each development project in the city as a condition of development: (i) SMFD Capital Fire Facilities Fee, and (ii) SMFD Capital Fire Facilities Impact Fee City Administration Fee.

(Ord. No. 2022-006, § 1, 7-14-2022)

(a) The SMFD Capital Facilities Impact Fee City Administration Fund is hereby established.

(b) All SMFD Capital Fire Facilities Impact Fee City Administration Fees shall be deposited in such fund.

(c) Moneys such fund, and the interest earned thereon, shall be used solely to pay the city's costs associated with administering the SMFD Capital Fire Facilities Impact Fee Program.

(Ord. No. 2022-006, § 1, 7-14-2022)

(a) The SMFD Capital Facilities Impact Fee Fund is hereby established.

(b) All SMFD Capital Fire Facilities Fees shall be deposited in such fund.

(c) Moneys such fund, and the interest earned thereon, shall be used solely to fund fire costs.

(d) The city may enter into an agreement with SMFD pursuant to which the city pays money in the fund to SMFD and SMFD agrees to use such money only for authorized purposes and to account for such money to the city as required by law.

(Ord. No. 2022-006, § 1, 7-14-2022)

(a) The development impact fees for a development project shall be paid to the city prior to the approval of any building permit for that project.

(b) The fees for a development project shall be calculated at the time of payment based on the rate then in effect, unless the use of a lower rate has vested for the project under applicable law.

(c) The fee shall be calculated separately for each building permit, so if a development project will require multiple building permits, only the fee associated with the development units associated with a building permit need be paid with that permit.

(d) If applicable state law does not permit the city to require payment of the fees for a development project on the schedule set forth in subsection (a) of this section, then the fees for that development project shall be paid on the earliest possible schedule that the city is permitted to require such payment under state law. If payment is to be delayed pursuant to this subsection, the city shall not issue a building permit to the developer until: (1) the developer and the city enter into a contract for delayed payment as authorized by Section 66007(c) of the California Government Code; (2) such contract is recorded in the manner set forth in that section; and (3) unless the developer is specifically exempt from such requirement under state law, the developer posts a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of the fees.

(Ord. No. 2022-006, § 1, 7-14-2022)

(a) For residential development, the SMFD Capital Fire Facilities Fee and the SMFD Capital Fire Facilities Impact Fee City Administration Fee shall be calculated pursuant to the following formula:

F = D x P

Where:

F = The amount to be paid by the developer; and

D = The number of additional dwelling units to be constructed or relocated; and

P = The applicable program rate per dwelling unit most recently adopted by the council, as annually subject to indexed adjustment pursuant to section 18-711 for the residential use type as shown in the impact fee study.

(b) For non-residential development within the program boundaries, the SMFD Capital Fire Facilities Fee and the SMFD Capital Fire Facilities Impact Fee City Administration Fee shall be calculated pursuant to the following formula:

F = S x P

Where:

F = The amount to be paid by the developer; and

S = The floor area in additional square feet to be constructed, improved, or relocated; and

P = The applicable program rate per square foot most recently adopted by the council, as annually subject to indexed adjustment pursuant to section 18-711 for the non-residential use type as shown in the impact fee study.

(d) For the purpose of calculating development impact fees pursuant to subsection (b) of this section for non-residential structures to be used for self-storage or mini-storage regardless of the underlying land use designation, the development impact fees shall be calculated using the program fee for commercial structures for those areas used for customer sales and office purposes and the program fee for multi-family residential structures for any residential unit for the manager/night watch staff.

(e) For the purpose of calculating development impact fees pursuant to subsection (b) of this section for fuel service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the program boundaries, shall include the square footage underneath fueling station canopies or the typical canopy area for a service station if the service station has no canopy.

(f) For the purpose of calculating development impact fees pursuant to subsection (a) of this section a primary residence mobile homes not in a mobile home park shall be treated as single-family dwelling unit (if the only dwelling unit on the parcel) or an accessory dwelling unit (if there is a primary dwelling unit on the parcel).

(g) For mixed-use projects, the amount of the development impact fees shall be separately calculated for each use.

(Ord. No. 2022-006, § 1, 7-14-2022)

(a) Any replacement or reconstruction (no change in use) of any residential unit that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity, or act of God shall be exempt from the development impact fees.

(b) Additions to single-family residential structures provided no change in use occurs and a second full kitchen is not added shall be exempt from the development impact fees.

(c) Additions to multi-family residential structures that do not create additional units shall be exempt from the development impact fees.

(d) Supporting use square footage in multi-family projects, such as the office and recreation areas required to directly serve the multi-family project shall be exempt from the development impact fees.

(e) Non-habitable residential structures such as decks, pools, pool cabanas, sheds, garages, etc., shall be exempt from the Development Impact Fees.

(f) Mobile or manufactured homes with no permanent foundation shall be exempt from the development impact fees.

(g) The development impact fee shall not be applied to accessory dwelling units that are 749 square feet or less. For all other accessory dwelling units, the development impact fee shall be charged a rate of 50 percent in relation to the square footage of the primary dwelling unit based upon the SMFD Capital Fire Facilities Impact Fee that the primary dwelling unit would pay.

(Ord. No. 2022-006, § 1, 7-14-2022)

In the event a building permit expires or is canceled for any reason, a claim for refund of the development impact fees paid in connection with the expired or canceled building permit may be filed with the administrator by the applicant or designee who paid the development impact fees. Such refund shall be made from available funds in the applicable fee fund, until such refund is completed.

(Ord. No. 2022-006, § 1, 7-14-2022)

In the event a building permit, whether issued before or after the effective date of the ordinance codified in this article, expires, then before such work may be commenced or recommenced, a new building permit shall be obtained and such building permit may be issued only if any increase in the development impact fees imposed pursuant to this article and in effect on the date of issuance are paid. If refunds were granted pursuant to section 18-709, such building permit may be issued only if all development impact fees imposed pursuant to this article in effect on the date of issuance are paid, including the administration fee.

(Ord. No. 2022-006, § 1, 7-14-2022)

Beginning January 1, 2023, and subsequently each year on January 1, or as soon as possible thereafter; the administrator with notice to the fire chief, shall authorize the adjustment of the program fee for each type of development as follows:

(1) A "mean" index will be computed by averaging the index for 20 U.S. Cities with the index for San Francisco by resort to the January issue of the Engineering News Record magazine Construction Cost Index of the year in which the calculation is being made.

(2) An adjustment factor shall be computed by dividing the "mean" index as calculated in subsection (1) of this section by the "mean" index for the previous January, and, if a new program fee has been adopted after January of the previous year, the adjustment factor shall use the "mean" index from the month that the fee was adopted.

(3) The adjusted program fee per development unit shall be calculated by multiplying the adjustment factor, as calculated in subsection (2) of this section, by the program fee per development unit in place prior to the annual adjustment.

(Ord. No. 2022-006, § 1, 7-14-2022)

Except as specifically provided in this code, payment of any fee pursuant to this article shall not be interpreted to exempt any developer or other person from any requirement otherwise imposed upon that person by or pursuant to this code or other applicable law.

(Ord. No. 2022-006, § 1, 7-14-2022)

The administrator may promulgate such interpretive regulations for the application of this article as he or she finds necessary or useful.

(Ord. No. 2022-006, § 1, 7-14-2022)