Fresno County Municipal Code Ch. 17.80 Shaver Lake Fire Protection Fees

The board of supervisors declares and finds that existing structural fire protection facilities and equipment will be inadequate to service new land development in the Shaver Lake area of Fresno County, as specified in the County Service Area 31, Shaver Lake, fire protection master plan, that new land development may not be approved unless adequate fire protection facilities and equipment are or will be made available to service such development as required by Section 312-03 of the Fresno County general plan, and that it is necessary to establish and collect fire protection fees to defray the estimated cost of providing additional facilities and equipment for the provision of structural fire protection in order to promote and protect the public welfare, safety, peace, comfort, convenience and the general welfare, and for the accomplishment of the purposes more particularly set forth as follows:

A. To implement the Shaver Lake fire protection facilities policies of the public facilities element of the Fresno County general plan;

B. To ensure compliance with the provisions of Section 66473.5 of the Government Code in the approval of land development;

C. To provide for planned structural fire protection facilities and equipment to service the future developments in the Shaver Lake area of Fresno County;

D. To obviate the menace to public safety arising from inadequate provision for fire protection facilities and equipment to service new land development in the Shaver Lake area; and

E. To prevent deterioration of property values and impairment of properties resulting from the failure to provide adequate fire protection facilities and equipment.

(Ord. 86-008, § 1, 1986)

A. "Board" means the board of supervisors of the county of Fresno.

B. "Decision-making body" means the body or agency which has final authority to approve a particular land development and includes, but is not limited to, the board of supervisors, the planning commission, the board of review, or the director of public works and development services department.

C. "Director" means the director of public works and development services department.

D. "Land development" includes, but is not limited to, issuance or approval of

1. A tentative tract or parcel map;

2. A conditional use permit;

3. A director review and approval;

4. A variance;

5. A site plan review; or

6. An amendment to the zoning division of this code changing real property from one zone district to another.

(Ord. 86-008, § 1, 1986)

A. A study of fire suppression needs has been conducted in the Shaver Lake area resulting in the preparation of the County Service Area 31, Shaver Lake, fire protection master plan, hereinafter referred to as the master plan.

B. The master plan concludes that existing fire suppression facilities are providing a level of service as desired by a majority of the property owners being served and that continued and ongoing costs for the service can be met through the funding capabilities of County Service Area 31. However, existing facilities and County Service Area 31 funding capabilities will not provide an adequate level of service for new development unless provisions are made to expand the fire suppression facilities to serve such additional land development.

C. Fire suppression facilities required for the future development include, but are not limited to, relocation of the present firehouse and purchase of two fire trucks.

(Ord. 86-008, § 1, 1986)

To accomplish the purposes of this chapter, the decision-making body shall require the payment of fees and filing of security conditioned upon payment of said fees as a condition of its approval of land development within the boundaries of County Service Area 31 of the decision making body determines that adequate fire suppression facilities and equipment otherwise will not be made available to service such development.

(Ord. 86-008, § 1, 1986)

The amount of the fees required by this chapter shall be the amount set forth in the master schedule of fees, charges, and recovered costs for fire protection facilities fees for Shaver Lake, including a nonrefundable processing fee.

(Ord. 86-008, § 1, 1986)

If the payment of fees is required by this chapter, then at the time the land development permit or approval is issued or made final, or the parcel or final tract map is recorded, the owner or applicant shall either pay the fees or execute and file with the director security conditioned upon the payment of such fees. The form of security shall be one provided for in Chapter 17.56 of this code. The security shall continue in effect until the fees required by this chapter are paid and shall be exonerated upon payment of the fees. A portion of the security may be exonerated upon the payment of a requisite portion of the fees payable in connection with a particular land development.

(Ord. 86-008, § 1, 1986)

The payment of fees for providing fire protection facilities as specified herein shall be made as follows, except that fees required for land development within Shaver Community Facilities District No. 1 shall be paid in accordance with the requirements of the "Master Implementation Agreement for Community Facilities District No. 1, Shaver Lake," approved by the Board of Supervisors on June 24, 1985.

A. When the land development for which fees are required by this chapter is a parcel map, the fees shall be due and payable three years from the date such map was recorded, or if a building permit is issued for any parcel created by the parcel map before the expiration of said three years, at the time the building permit is issued.

B. When the land development for which fees are required by this chapter is a tract map, the fees shall be due and payable upon the earlier of three years from the date such map was recorded, or when building permits have been issued in connection with fifty percent or more of the parcels created by said map.

C. When the land development for which fees are required by this chapter is not a tract or parcel map, the fees shall become due and payable upon the issuance of any building permits in connection with said land development.

D. The director may require that all fees required by this chapter be paid prior to the time specified in subsections A, B, or C of this section if he finds that good cause exists therefor. The director shall promptly give written notice of such requirement to the owner or applicant and shall specify the reasons therefor. The owner or applicant shall have thirty days from the date of the notice within which to pay the fees or to file a notice of appeal with the board.

E. If an appeal is filed with the board pursuant to subsection D of this section, the matter shall be heard by the board at a public hearing within thirty days thereafter. At the conclusion of the hearing the board may grant or deny the appeal or may modify the action of the director. The action of the board shall be final.

F. The fees required by this chapter may be paid sooner than otherwise required at the discretion of the development owner or applicant.

(Ord. 86-008, § 1, 1986)

A refund of fees paid pursuant to the requirements of this chapter shall be made, excepting the nonrefundable processing fee, subject to the following conditions and limitations:

A. For land development projects no part of which have been constructed, implemented, or utilized the director shall, subject to the other limitations expressed herein, refund all of the fees paid if the following requirements are met:

1. All discretionary permits connected with the land development project have expired.

2. For land development projects which consist of or include tentative tract or parcel maps, this section is satisfied if said map has expired without recordation.

3. If a map has been recorded, then this section will be satisfied when a reversion to acreage is approved and recorded.

4. For land development projects which consist of or include an amendment to the zoning division of this code changing real property from one zone district to another, this section shall be satisfied when such real property is changed back to its previous zone district or one more restrictive than that previous zone district.

B. Any refund shall be paid from the accumulated fees paid pursuant to this chapter for land development projects within the master plan area as the project for which the refund is requested. Such refunds shall be paid to the person or persons owning the parcel or parcels for which the fees were paid at the time of the refunds. If sufficient accumulated fees for land development projects within the master plan area are available, and the other conditions herein are satisfied, then the payment of the refund is to be made no later than ninety days from the date a written request for refund is received by the director. Should there not be sufficient accumulated fees available by a date ten years from the date of the refund request, then any remaining obligation of the county to refund such fees shall expire. Nothing herein shall preclude the partial payment of such refunds when sufficient fees are determined by the director to be available and all other conditions of Section 17.80.090 of this code have been met.

(Ord. 86-008, § 1, 1986)

A. If fees or security required by this chapter are not paid or filed within the time prescribed in this code, then the decision-making body may initiate the revocation of the land development approval or permit for which the fees or security have not been paid or filed.

B. If fees due under this chapter are not paid by the date upon which they become due and payable, then the security shall be forfeited to the county. The director is authorized to take whatever action may be necessary to cause the security to be forfeited and the proceeds applied to the unpaid fees.

C. The public works and development services department or any other department, agency, officer, or agent of Fresno County may refuse to grant building and other permits in relation to the property which is the subject of the land development project until such time as all of the requirements of this chapter have been complied with.

D. The remedies contained herein shall be cumulative and nothing contained herein shall be deemed to bar any legal, equitable, or summary remedy to which Fresno County may otherwise be entitled.

(Ord. 86-008, § 1, 1986)

Fees collected pursuant to this chapter shall be placed in a separate interest bearing fund and together with accrued interest shall be expended only for purposes authorized by this chapter.

(Ord. 86-008, § 1, 1986)

The fees established under this chapter may be reviewed and adjusted pursuant to the procedure set forth in Schedule A of the master schedule of fees, charges, and recovered costs ordinance of the county of Fresno, including the nonrefundable processing fee established hereunder. Any adjustment in fees shall apply to any land development or part thereof for which the fees have not been paid prior to the effective date of the adjustment.

(Ord. 86-008, § 1, 1986)