Chapter 3.32 — TRAFFIC IMPACT MITIGATION IMPROVEMENT FUND

"Dwelling unit" means a building or portion of a building containing one or more rooms, a separate bathroom, and a separate kitchen designed for occupancy by one family for living and sleeping purposes, including nonpaying guests and servants employed on the premises.

(Ord. 710 § 3 (part), 1982)

A "project" includes the following:

(1)

Original construction of nonresidential improvements;

(2)

The addition of gross square footage to existing nonresidential improvements;

(3)

Original construction of a dwelling unit, or the addition of a dwelling unit to an existing structure;

(4)

Improvements with a building permit value of thirty thousand dollars or more for the purpose of converting an existing use into another use. (The building permit value referred to in this section may be adjusted from time to time by resolution of the town council.)

(Ord. 710 § 3 (part), 1982)

II. - General Provisions

(a)

There is hereby created a "traffic impact mitigation improvement fund," into which all traffic impact mitigation fees collected pursuant hereto shall be deposited. The money in said fund and interest derived from the fund shall be segregated from other town funds and shall be expended solely for the construction of improvements to streets and intersections as shown in the circulation element of the general plan and adopted by resolution of the town council.

(b)

If traffic impact mitigation fees and accumulated interest, less refunds to developers required by Section 3.32.050, exceed the cost to the town of required improvements to streets and intersections, then the excess shall be refunded to those paying fees in an amount proportional to their fees.

(Ord. 710 § 6, 1982)

(a)

A traffic impact mitigation fee is hereby imposed on each project, the fee to be paid in a form and upon such terms as may be established by resolution of the town council prior to final inspection or issuance of any occupancy permit for that project.

(b)

The amount of said fees shall be fixed by resolution of the town council and amended from time to time for the purpose of reflecting changes in construction costs and expected build-out. The amount of the fees shall be in proportion to the traffic generated in the thirtieth highest peak hour of the year by each project at streets and intersections where improvements are required, as shown in the circulation element of the general plan. A list of needed traffic improvements conforming to the circulation element shall be adopted from time to time by resolution of the town council.

(c)

Fees for the conversion of an existing use to a different use shall be computed on the basis of the difference between the amount of peak-hour traffic generated from the site on April 1, 1980, and the peak- hour traffic generated by the new use.

(d)

To implement the housing element of the general plan, no fee shall be required for a dwelling unit for which a deed restriction or other agreement satisfactory to the town has been provided guaranteeing that the unit is intended for and will be available to low and/or moderate income families, as defined in Sections 18.04.210 and 18.04.220 of this code.

(Ord. 710 § 4, 1982)

(a)

If the developer of a project installs one or more of the traffic improvements included in the list adopted by resolution of the town council, then the certified cost of the improvement or improvements shall be deducted from the required traffic mitigation fee.

(b)

If the certified cost of the traffic improvement or improvements installed by the developer exceeds the project's required traffic mitigation fee, then the developer shall be given all traffic impact mitigation fees paid by other projects for the traffic improvements he installed, without interest. However, when the value of the traffic improvements installed by the developer, less the value of the refunded fees, equals the developer's required traffic mitigation fee, then no further refunds shall be made. In any case, no further refunds shall be made twenty years after installation of the improvements.

(Ord. 710 § 5, 1982)

Chapter 3.32A - FIRE PROTECTION IMPACT FUND[2]

Editor's note— This ordinance is an urgency ordinance enacted under California Government Code Sections 36937(b) and 66017(b). This ordinance shall become effective upon expiration of Ordinance No. 1055, on January 17, 2026, by a four-fifths (4/5) vote of the Town Council, and will expire 30 days after that date, on February 16, 2026, unless extended by the Town Council.

3.32A.010 - Definitions.

A.

Except as otherwise provided in herein, words and phrases used in this chapter shall have the same meaning as set forth in Section 18.04.

B.

The following words and phrases shall have the meaning set forth below:

"Apparatus" means and includes but is not limited to fire engines, utility vehicles, command staff vehicles, water tenders, fire trucks, and ambulances.

"Assisted Living" means a residential community that provides housing, meals, and personal care support for individuals, typically older adults, who need help with daily tasks but not intensive medical care.

"Development" or "development project" shall have the same meaning as set forth in Section 18.02.190, except that for purposes of this chapter, it will apply only to any project for new single family residential, multi-family residential, or assisted living, memory care and any other construction in the boundaries of the Fire Authority that requires the issuance of a building permit and that is designed for human occupancy twenty-four hours a day, seven days a week for an indefinite term.

"Equipment" means and includes but is not limited to ladders, fittings, hoses, radios, cellular telephones, tools, breathing apparatus, hazardous material equipment, and medical and rescue equipment.

"Fire Authority, Fire Authority" or "CMFA" means the Central Marin Fire Authority which is a Joint Powers Authority (JPA) established in 2018 as a public agency comprised of the Town of Corte Madera and the City of Larkspur under the Joint Exercise of Powers Act, Sections 6500, et seq. of the California Government Code.

"Fire impact fee" or "fee" means a monetary exaction in compliance with Government Code §§ 66000 et seq., other than a tax or a special assessment, that is charged by the Town of Corte Madera in connection with the approval of a development project for the purpose of defraying all, or a portion of, the cost of fire facilities, apparatus and equipment related to the development project. The facilities are further described in the DIF Report, which is on file and available for inspection at the Town's Community Development Department and is incorporated herein by reference.

"Fire facilities" means public improvements, including buildings and structures, not limited to fire stations, administrative buildings, training buildings, land purchase, and related planning, engineering and construction costs as identified by the Fire Authority in the nexus study.

"Memory Care Unit" means a type of long-term care facility specifically designed for individuals with Alzheimer's disease and other forms of dementia. These residences provide a secure and structured environment with twenty-four/seven supervision, specialized staff, and tailored programs, including medication management, therapeutic activities, and assistance with daily tasks like bathing and dressing.

"Mobile home" means a development area for residential occupancy in vehicles which require a permit to be moved on a highway, other than motor vehicle designed or used for human habitation and for being drawn by another vehicle.

"Multi-Family Residence" means buildings or structures designed for three or more families for living or sleeping purposes and having kitchen and bath facilities for each family.

"Public Facilities" means fire facilities, equipment and apparatus.

"Single Family Residential" means detached or attached one and two-family dwelling unit with an assessor's parcel number for each dwelling unit

(Ord. No. 1051, § 5, 11-18-2025; Ord. No. 1055, § 5, 12-16-2025; Ord. No. 1056, § 5, 1-6-2026)

3.32A.020 - Purpose.

This chapter sets forth the requirements for the establishment and administration of development impact mitigation fees collected by the Town of Corte Madera on behalf of the Central Marin Fire Authority (Fire Authority). The Fire Authority requested the establishment and administration of a development impact mitigation fee because the Fire Authority lacks statutory authority to independently impose development impact mitigation fees. The Fire Authority has prepared all the supporting documentation to support the findings required to establish the fee, collect the fee and comply with all necessary reporting and accounting procedures for the fee, all in compliance with the California Mitigation Fee Act (Government Code §§66000-66025). The Nexus Studies and Boundary Maps are attached as Exhibit A to this ordinance.

(Ord. No. 1051, § 5, 11-18-2025; Ord. No. 1055, § 5, 12-16-2025; Ord. No. 1056, § 5, 1-6-2026)

3.32A.030 - Establishment of Fire Protection Impact Fund.

(a)

The Town hereby establishes a Fire Protection Impact Fund. The money in said fund and interest derived from the fund shall be segregated from other town funds and shall be expended solely for the land, building fire facilities, apparatus and equipment related including, but not limited to, the following:

(1)

Upgrade, relocate or reconstruct existing fire stations owned by and located in the Town of Corte Madera as necessary to serve the anticipated increase in residents.

(2)

Upgrade or replace CMFA's equipment and vehicles.

(b)

The fund shall be administered by the Town Manager, or their designee, who shall have the authority to manage the fund consistent with this chapter, and to prescribe procedures for said purpose, subject to town council approval.

(c)

The Town of Corte Madera may enter into an agreement with the CMFA to collect and disburse the Fire Protection Fund monies. Any such agreement must provide for the following:

(1)

Ensure that the fees are collected, held and used as required by the Mitigation Fee Act (Gov. Code Section 66000 et seq).

(2)

Specify the rights and duties of the respective parties. Without limiting the foregoing, the agreement will identify which party is responsible for the specific requirements of the Mitigation Fee Act (Gov. Code Section 66000 et seq).

(3)

The Fire Authority shall defend, indemnify and hold the Town of Corte Madera, its officers, agents and employees harmless from and against any and all liability, loss, damage, claims, judgments, costs, staff time, losses, expenses and any other costs of defense arising out of, resulting from, or related to the creation, establishment, modification, collection or disbursement of fees on behalf of the Fire Authority or any other obligation of the Fire Authority or Town of Corte Madera under the agreement to collect and distribute fees on behalf of the Fire Authority in compliance with the Mitigation Fee Act.

(4)

The Town Attorney must approve the agreement as to form.

(Ord. No. 1051, § 5, 11-18-2025; Ord. No. 1055, § 5, 12-16-2025; Ord. No. 1056, § 5, 1-6-2026)

3.32A.040 - Fire Protection Impact Fee.

(a)

New development projects shall pay a Fire Protection Impact Fee, in an amount that the Town has determined represents their proportional share of increased costs of providing fire protection services as a result of new development.

(b)

All funds raised by the Fire Protection Impact shall be deposited in the Fire Protection Impact Fund.

(c)

Fees established pursuant to this chapter shall be paid by the developer or their agent at the time of final inspection or before the town issues the certificate of occupancy, whichever is sooner.

(d)

Chargeable residential square footage shall include new habitable living space within the perimeter of the structure, not including any residential amenity spaces, lobbies, leasing offices, shared laundry facilities, carports or garages, walkways, overhangs, patios, enclosed patios, detached accessory structure or detached storage space. Chargeable square footage shall be calculated in the standard practice of the Town of Corte Madera.

(e)

The amount of the initial Fire Protection Impact Fee shall be as follows:

(f)

Any units that are affordable to low-income households shall receive the following incentives:

(1)

If the project has received all entitlement permits and applied for a building permit on or before November 18, 2025, it shall be exempt from the Fire Protection Impact Fee.

(2)

If the project does not qualify for the exemption in subparagraph (1), it shall be entitled to a fifty percent reduction in the Fire Protection Impact Fee.

(3)

The CMFA shall be responsible for providing funds to cover the reduction in funds resulting from this subsection (f).

(g)

Fees established pursuant to this chapter shall be adjusted automatically without any further action by the Town Council on the first day of each fiscal year by the net percentage change during the preceding calendar in the Engineering News-Record (ENR) Construction Cost Index (CCI), or its successor publication.

(Ord. No. 1051, § 5, 11-18-2025; Ord. No. 1055, § 5, 12-16-2025; Ord. No. 1056, § 5, 1-6-2026)

3.32A.050 - Exemptions.

The following shall be exempted from payment of the fee:

(a)

A structure owned by a governmental agency.

(b)

A structure which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the number of structures or the size of such reconstructed

structure is no greater than the number of structures or size of the structure prior to such damage, destruction or demolition.

(c)

A development project found to have no impact on the Authority's fire system.

(Ord. No. 1051, § 5, 11-18-2025; Ord. No. 1055, § 5, 12-16-2025; Ord. No. 1056, § 5, 1-6-2026)

For all fees established pursuant to this chapter shall, within one hundred eighty days after the last day of each fiscal year, the Fire Authority and the Town shall make available to the public information required by Government Code Section 66006(b).

(Ord. No. 1051, § 5, 11-18-2025; Ord. No. 1055, § 5, 12-16-2025; Ord. No. 1056, § 5, 1-6-2026)