Chapter 3.18 — FIRE DEVELOPMENT PROTECTION FEES

A.

Purpose and Intent: The purpose of this chapter is to establish development fees in order to provide a method for financing fire protection facilities required by the goals and policies of the general plan and necessitated by the needs of new construction and development for adequate fire protection facilities and services. Failure to provide these facilities and services would place residents of the completed construction and service area in a condition perilous to their health and safety. The background and justification for imposition of the development fees herein provided for is set forth in more detail in "Exhibit 1", attached hereto and made a part hereof, the same being incorporated herein by such reference.

B.

General Plan. The fire protection plan part of the community facilities element of the County's general plan provides for the identification need and location of fire station and facilities. Fees collected pursuant to this chapter shall be used for fire station facilities consistent with the general plan.

C.

Regulations. The council may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter.

(Ord. 239, 1987)

A.

Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meaning set forth in this chapter for the purposes of this chapter.

B.

"Fire District" means Contra Costa County Consolidated Fire Protection District organized under the Fire Protection District Law of 1961.

C.

"Fire Station" means a building (including furnishings and fixtures), site, appurtenant equipment (including vehicles), and appropriate share of central facilities (administration, dispatch, repair shop, and training) which are designed, developed and used to provide the full spectrum of fire protection services.

D.

"Floor space" means, "floor area" as the latter term is defined in Section 407 of the Uniform Building Code.

E.

New Construction:

Residential. "New construction", when applied to the construction of residential buildings or the installation of mobile homes, means construction or installation which increases the number of dwelling units on a given lot.

Nonresidential. "New construction", when applied to the construction or installation of nonresidential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot.

F.

Standard Fire Station. "Standard fire station" means a fire station designed to the involved fire district's specifications, containing approximately three thousand nine hundred (3,900) square feet of floor space, and having as appurtenant equipment one new fire engine, one reserve fire engine, and one patrol vehicle.

(Ord. 239, 1987)

Fire District has established District development fees based on a report determining facility and equipment needs for the entire District. Facility cost and benefits have been identified for incorporated and unincorporated areas. Based on this assessment, it has been determined that Clayton's contribution is to be eight hundred thirty thousand seven hundred dollars ($830,700.00) to the Fire District. The purpose of the fees to be imposed upon new construction is to raise the necessary funds or to reimburse capital outlay to meet Clayton's contribution to the District.

(Ord. 239, 1987)

The amount of the fire protection facilities development fees are identical to those charged by Contra Costa County, and shall be as follows:

Single-family residential $ 300.00/unit

Multi-family residential 200.00/unit

Mobile home 200.00/unit

All other new construction .20 (twenty cents) per square foot

The fees shall be collected at time of occupancy permit issuance unless such fees are to be paid sooner as provided in agreement between the City and the developer.

(Ord. 239, 1987)

Fee collection shall be terminated upon full satisfaction of Fire District facility requirements and reimbursement of capital outlay.

(Ord. 239, 1987)

All fire protection facilities development fees collected pursuant to this chapter shall be deposited in a restricted account within the City treasury. All moneys deposited in such account, together with any interest earned thereon, shall be used only for the purpose of acquiring or improving fire stations and equipment serving the service area, or portions thereof, from which the fees were collected or reimbursing capital outlay for this purpose, including reimbursement to any developer who may have contributed fees, facilities, or equipment in excess of that required of his development under this chapter.

(Ord. 239, 1987)

In addition to the fire protection facilities development fee imposed by Section 3.18.040, an administration fee shall also be paid as a condition precedent to the issuance of any occupancy permit for the new construction. The administration fee shall be in an amount equal to the estimated average cost, including staff time and materials, as determined by the City Manager from time to time, of processing such permit in accordance with the provisions of this chapter. The fee shall be paid with the fees required by Section 3.18.040.

(Ord. 239, 1987)

A.

Error. Any fee erroneously collected under color of this chapter shall be refunded without interest to the payer if within one hundred eighty (180) calendar days after the date on which such fee was deposited in the County treasury the payer files a written application thereof with the City Administrator or designee and provides proof of such error satisfactory to the City Manager or designee.

B.

Permit Termination. Any fir protection facilities development fee collected pursuant to Section 3.18.040 shall be refunded without interest to the payer if the building permit to which it relates is cancelled and if the payer files a written application for the refund with the City Manager or designee within one hundred eighty (180) calendar days after such cancellation or expiration.

C.

Acceptable Agreement. Where the City and the developer of proposed new construction have entered into a written secured agreement for the developer's provision of fire protection facilities, the City may accept that agreement as satisfying this chapter and in lieu of the fees required by Section 3.18.040. Before accepting such an agreement, the City shall be satisfied that the agreement is enforceable and provides for facilities consistent with this chapter's requirements and those of the Fire District.

(Ord. 239, 1987)