Chapter 4.15 — FIRE IMPACT FEES

This chapter sets forth the requirements for establishing and administering a development impact fee program imposed by the city of Cotati ("city") on behalf of the Rancho Adobe fire protection district ("district"). The district requests the establishment and administration of a development impact fee because the district lacks statutory authority to impose development impact mitigation fees independently, and the district has prepared all of 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. The district has prepared the required documentation to comply with the California Mitigation Fee Act (California Government Code Sections 66000 through 66025).

(Ord. 931 § 2, 2025)

For purposes of this chapter, the following words shall have the meanings ascribed to them in this section:

• A. "Accessory dwelling unit" means a dwelling unit, or granny flat, either a detached or attached dwelling unit, which provides complete, independent living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence.

• B. "Apparatus" means and includes but is not limited to fire engines, brush engines, ambulances, utility vehicles, staff vehicles, water tenders, bulldozers, and rescue vehicles.

• C. "Development" or "development project" means any project for new residential, commercial, or industrial construction in the service boundaries of the district which requires the issuance of a building permit.

• D. "District" means the Rancho Adobe fire protection district, which is an independent district organized under the 1987 Fire Protection District Laws (California Health and Safety Code Section 13800 et seq.)

• E. "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.

• F. "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 district in its resolution and nexus study.

• G. "Fire impact fee" or "fee" means a monetary exaction, other than a tax or a special assessment, that the city imposes in connection with the approval of a development project to defray all, or a portion of, the cost of fire facilities, apparatus, and equipment related to the development project on behalf of the district.

• H. "Industrial" means manufacturing construction.

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

• J. "Multifamily housing" means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family.

• K. "Office" means general, professional, and medical office construction.

• L. "Public facilities" means fire facilities, equipment, and apparatus.

• M. "Retail/commercial" means retail, commercial, educational, and hotel/motel construction.

• N. "Single-family housing" means detached or attached one-family dwelling unit with an assessor's parcel number for each dwelling unit.

• (Ord. 931 § 2, 2025)

At the request of the district and in compliance with the Mitigation Fee Act (California Government Code Sections 66000 through 66025), the city council hereby establishes a development impact fee on behalf of the district, applied upon the issuance of all building permits for new development within the service boundaries of the district and the incorporated limits of the city.

NOTE 1:

The fee for an accessory dwelling unit shall be imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units of less than seven hundred fifty square feet of living area are exempt.

(Ord. 931 § 2, 2025)

• A. The city may impose the fees on behalf of the district, and the district may collect the fees pursuant to a written administration agreement (agreement) between the city and the district.

• B. The agreement shall clearly define the rights and duties of each party and shall provide for the district to defend, indemnify, and hold the city, 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, and imposition of fees on behalf of district or any other obligation of district or city under the agreement impose the fees on behalf of district in compliance with the Mitigation Fee Act.

• C. The district shall ensure that any fee collected on their behalf comply with the Mitigation Fee Act.

• (Ord. 931 § 2, 2025)

• A. Fees established pursuant to this chapter shall be paid by the developer or their agent at the time of the building permit issuance.

• B. Fees established pursuant to this chapter shall be paid to the district and proof of payment provided to the city, unless otherwise provided for in an administration agreement.

• C. Chargeable residential square footage shall include new habitable living space within the perimeter of the structure, not including any carport, walkway, garages, overhangs, patios, enclosed patios, detached accessory structure, or detached storage space. Chargeable commercial or industrial structure square footage shall include new and covered enclosed space within the perimeter of the new structure, not including garage, parking structure, unenclosed walkways, or utility areas. Chargeable square footage shall be calculated in the standard practice of the city.

• (Ord. 931 § 2, 2025)

Fees established pursuant to this chapter shall be adjusted automatically without any further action by the district board of directors or city council on January 1st of every year by the net percentage change during the preceding fiscal year in the Engineering News-Record Construction Cost Index (20-City Average), or its successor publication.

Inflationary adjustments pursuant to this chapter shall be performed by the district, unless otherwise provided for in an administration agreement. (Ord. 931 § 2, 2025)

If the construction of a development project has not commenced before the expiration of the building permit that would have enabled the applicant to proceed with construction, then a fee payer shall be entitled to a refund, with interest, of the fees paid as a condition imposed pursuant to this chapter for the issuance of such permit. The fee payer must apply for such a refund within thirty calendar days of the expiration of the permit.

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

§ 4.15.120

• A. Identify the purpose to which the fee is to be put;

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

• C. Identify all sources and amounts of funding anticipated to complete financing of public facilities; and

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

The unexpended portion of the fees and any interest accrued thereon, for which need cannot be demonstrated pursuant to 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. The provisions of California Government Code Section 66001 may be amended from time to time and shall apply fully to the collection, accounting, and refund of any fees imposed pursuant to this chapter.

Refunds and associated reporting requirements pursuant to this chapter shall be performed by the district, unless otherwise provided for in an administration agreement. (Ord. 931 § 2, 2025)

A fee credit shall be given for demolished existing square footage as part of a new development project.

Fee credits pursuant to this chapter shall be performed by the district, unless otherwise provided for in an administration agreement.

(Ord. 931 § 2, 2025)

If a developer dedicates land, constructs fire facilities, or provides fire equipment or apparatus for the district, the fire impact fees imposed on that development project shall be adjusted to reflect a credit for the cost of the dedicated land, fire facilities, equipment, and apparatus provided.

Evaluation and determination of in-lieu credits pursuant to this chapter shall be performed by the district, unless otherwise provided for in an administration agreement. (Ord. 931 § 2, 2025)

The following shall be exempted from payment of the fee:

• A. A structure owned by a governmental agency.

• B. An accessory dwelling unit that is less than seven hundred fifty square feet. (Ord. 931 § 2, 2025)

• A. A fee collected pursuant to this chapter, together with any interest, shall be maintained and accounted for in a separate fund to avoid commingling such funds with other revenues.

• B. Establishment and maintenance of the aforementioned fund shall be performed by the district, unless otherwise provided for in an administration agreement.

• C. In accordance with an administrative agreement, the city may withhold a reasonable percent of the total fee owed for each development project to recover the administrative costs associated with the implementation of this chapter.

• (Ord. 931 § 2, 2025)

All fees established pursuant to this chapter shall, within one hundred eighty days after the last day of each fiscal year, be made available to the public as required by California Government Code Section 66006(b).

(Ord. 931 § 2, 2025)