Corte Madera Municipal Code Ch. 3 32A - Fire Protection Impact Fund

Footnotes:

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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.

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)

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)

(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)

(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:

Development Fee Per Living Area Sq. Ft.

(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)

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)