Fresno Municipal Code Art. 4.5 Urban Growth Management

This article shall be known as the "Urban Growth Management Ordinance of the City of Fresno." (Added Ord. 76-6, § 1, eff. 2-22-76).

Pursuant to the policies, procedures, and requirements made applicable to the management of growth within the Urban Growth Management Area, established herein by reference to that document entitled "Urban Growth Management Process," dated December 5, 1975, adopted and modified from time to time by Council resolution, the purpose of this article is to achieve the orderly use and development of land within such Area by providing a process under the Subdivision Ordinance Article 10, Chapter 12, or this Zoning Ordinance for the construction or modification of buildings and structures in such Area or the change of occupancy of such buildings or structures.

An integral part of Urban Growth Management is a process referred to herein as the Urban Growth Management Process. The Urban Growth Management Process is intended neither to prevent any development or growth nor to permit free or disorganized development or growth in the Urban Growth Management Area. Such process is instead intended to identify the demands on municipal facilities, improvements, or services created by any proposed residential, commercial, industrial, or other type of development and to provide the means for satisfying such demands; to identify any deleterious effects of any such development and protect the city and its residents against such effects by minimizing the costs of municipal facilities, improvements, and services; and to maintain a high quality of such facilities, improvements, and services. (Added Ord. 76-6, § 1, eff. 2-22-76; Am. Ord. 98-54, § 2, 8-27-98).

A. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning and application of words and phases used in this article unless the particular provisions or the context otherwise requires. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

B. ACCELERATED RATE means a rate set higher than the service rate, which is designed to provide funding for a capital project on an accelerated basis.

C. EXTENDED FIRE SERVICE AREA means all territory within a three-mile running distance of a fire station and outside the primary service area of a fire station, provided that the Council may expand or contract the boundaries of such area to conform to streets, railroads, natural barriers, or similar features or conditions.

D. PARK means the site, site improvements, and appurtenances necessary to serve the recreational needs, as identified by the Council, of the inhabitants of a UGM Park Service Area.

E. PRIMARY FIRE SERVICE AREA means all territory within a two-mile running distance of a fire station, provided that the Council may expand or contract the boundaries of such area to conform to streets, railroads, natural barriers, or similar features or conditions.

F. REIMBURSEMENT PERIOD shall be defined as follows:

1. INITIAL REIMBURSEMENT PERIOD means the period of fifteen years immediately following city acceptance of the facilities, improvements, right-of-way and site, as appropriate.

2. EXTENDED REIMBURSEMENT PERIOD means the period of five years immediately following the initial reimbursement period. A contributing developer shall qualify for reimbursement during the extended reimbursement period only if he has received at least seventy-five per cent of the total amount of the reimbursement due him by the expiration of the initial reimbursement period.

G. RUNNING DISTANCE means the actual distance which must be traveled over public streets or rights-of-way from a fire station to reach the scene of a fire incident.

H. SERVICE RATE means a rate based on a proportional sharing throughout a service area of the costs of a capital project which will serve such area.

I. UGM FIRE STATION CAPITAL FUND means a trust fund established from charges collected pursuant to Section 12-4.508-C of this Code as a result of development within each UGM fire station service area.

J. UGM FIRE STATION SERVICE AREA means the combined primary and extended service areas of fire station to be constructed with fire station capital fees within the UGM area.

K. UGM PARK FUND means a trust fund established from charges collected pursuant to Section 12-4.509-A of this Code as a result of development within a park service area.

L. UGM PARK SERVICE AREA means that territory established by Council resolution for the construction of one or more neighborhood parks with UGM park fees. (Added Ord. 79-169, § 1, eff. 11-16-79; Am. Ord. 83-163, § 4, eff. 1-20-84; Am. Ord. 85-38, § 1, eff. 4-12-85; Am. Ord. 95-4, §§ 1—6, eff. 3-19-95; Am. Ord. 95-38, § 5, 6-9-95).

A. THE ZONE MAP. The Urban Growth Management Area is that area designated as such on the Zone Map, which area is generally located in and around the city's fringe and is either relatively undeveloped or is predominantly agricultural in use and lacks most, if not all, municipal facilities, improvements, or services necessary to serve residential, commercial, industrial, or other type of development.

B. AREA BOUNDARIES.

1. The boundaries of the Urban Growth Management Area shown upon the Zone Map are hereby adopted and made a part of this article; and all the notations, references and other information shown thereon shall be as much a part of this article as if the matters and information set forth thereon were all duly described herein.

2. Where boundaries indicated for the Urban Growth Management Area are approximately street, alley, or lot lines, such lines are in fact determined to be the boundaries of such area. Otherwise, the boundaries shall be determined by the dimensions shown on the Zone Map. In the absence of a dimension, the boundary shall be determined by use of the scale shown on such map.

3. Where a street, alley, railway or railroad right-of-way, water course, drainage channel or body of water included on the Zone Map serves as a boundary, the center line of such right-of-way, water course, channel or body of water shall be considered the boundary of the Urban Growth Management Area.

4. Where uncertainties exist, the Council shall, by resolution, determine the location of the Urban Growth Management Area boundaries.

C. CHANGING THE AREA. The Urban Growth Management Area may be changed by adding areas to or removing areas from such Area pursuant to the provisions of this section.

1. Initiation. Proceedings to change the Urban Growth Management Area may be initiated only pursuant to the provisions of subsections 1 (Council resolution), 3 (Director action), or 4 (Application) of Section 12-401-A.

2. Findings and Recommendation. Within thirty days after initiation of proceedings, the Director shall make written findings and a recommendation for or against any proposed change based upon the criteria contained in Section 12-4.502-A.

3. Action on Recommendation. The Director's recommendation against any proposed change initiated pursuant to subsection 4 of Section 12-401-A shall be final unless the applicant appeals such recommendation to the Council pursuant to the provisions of Section 12-401-H. All other recommendations by the Director shall be set, noticed, and heard by the Council pursuant to the provisions of Sections 12-401-B, 12-401-C, 12-401-D, and 12-401-E. The provisions of Section 12-401-C-2 and C-3 regarding the mailing and posting of the notice shall not apply when the proposed change will not impose a new or increase in UGM fees or affect the reimbursement of such fees pursuant to Section 12-4.504-C. In such instances, notwithstanding Section 12-401-C-1, the City shall provide notice of the time, place, and subject matter of the public hearing by publication in a newspaper of general circulation in the city at least three times, once every seven days, for three consecutive weeks. Publication shall be completed at least ten days prior to the date set for public hearing. At the conclusion of the hearing, Council shall approve, modify or disapprove the Director's recommendation by resolution. The Council's action shall be final.

[4].

Finalized Changes. When a change is final, the Director shall immediately reflect such change in the boundary of the Urban Growth Management Area as shown on the Zone Map.

(Added Ord. 76-6, § 1, eff. 2-22-76; Am. Ord. 2010-53, § 1, eff. 2-4-11).

The zoning district symbol of any land located in the Urban Growth Management Area shall bear the suffix "UGM", until such time as such land is removed from such Area, for the purpose of placing the general public on notice that any construction or modification of buildings or structures in such area, or the change of occupancy of such buildings or structures, or the division of land in such Area, may be subject to the Urban Growth Management Process or some similar process.

(Added Ord. 76-6, § 1, eff. 2-22-76).

A. GENERAL. The Urban Growth Management Process includes consideration of the contents of a Service Delivery Plan which shall be prepared at the time of processing of a tentative tract map or a special permit, in accordance with the "Urban Growth Management Process" document referred to in Section 12-4.501 and as more particularly set forth in this article.

B. ANNUAL REPORT. The Chief Administrative Officer shall submit to the Council, as early as is practicable during each fiscal year or more frequently as he chooses, a report concerning the effects of the provisions contained in the "Urban Growth Management Process" document referred to in Section 12-4.501. Such report may recommend to Council modifications of such provisions. The provisions of such document shall be modified solely by Council resolution.

C. FEES AND REIMBURSEMENTS. As UGM fees are collected, they shall be reimbursed in the manner and for the period set forth in this section. All UGM fees include an administrative charge which the Public Works Director determines quarterly based on actual costs during the previous three months for establishing the fees, maintaining records and accounts, and administering the reimbursement process. Administrative charges are those charges other than for capital improvement expenditure and not limited to labor, overhead and equipment. These charges shall be imposed and collected from the accrued interest of the UGM funds each quarter from UGM funds on deposit just prior to payment of reimbursements pursuant to this section, in an equitable cost allocation manner as determined by the Finance Director in consultation with the Public Works Director.

When a developer is entitled to be reimbursed out of UGM fees by reason of his having paid or having been credited with fees in excess of his pro-rata fee obligation, he shall be reimbursed in semiannual payments as described above. When UGM fees have been collected for the purpose of such reimbursement, the city shall make semiannual payments, provided sufficient funds for doing so are available, in amounts determined by the Public Works Director, on or about April first and October first, commencing April first or October first following city acceptance of complete financial statements for the accepted facilities, improvements, right-of-way and site, as appropriate, and for the duration of the appropriate reimbursement period, as defined in Section 12-4.501.5-F of this Code. Should city fail to pay any reimbursement within sixty days of the dates referenced above when such payments are due, and such delay is not due to any fault of the person to whom reimbursement is owed, then city shall add an amount to such payment equal to the net interest actually earned by the city on the amount to be reimbursed.

(Added Ord. 76-6, § 1, eff. 2-22-76; Am. Ord. 83-163, § 5, eff. 1-20-84; Am. Ord. 89-85, § 6, eff. 7-28-89; Am. Ord. 93-18, § 1, eff. 4-16-93; Am. Ord. 98-54, § 3, 8-27-98; Am. Ord. 2017-19, § 8, eff. 6-18-17).

Before any building permit is issued to build, construct, erect, or modify any building or structure on land within the Urban Growth Management Area, or to change the occupancy of any such building or structure, a Service Delivery Plan shall have been prepared and incorporated into the tentative tract map or special permit conditions of approval except as otherwise provided in this article.

A. PREPARATION OF A SERVICE DELIVERY PLAN. Proceedings for the preparation of the Service Delivery Plan shall be initiated upon the filing of an application for a tentative tract map or special permit with the Director, accompanied with any applicable filing fees as may be established by Council resolution and such information, designs, drawings, materials, and matters as the Director finds necessary to prepare a Service Delivery Plan.

B. COMPLIANCE. The Service Delivery Plan shall comply with the provisions of the City's Urban Growth Management Process described in Sections 12-4.501 and 12-4.504.

C. SERVICE DELIVERY PLAN REQUIREMENTS. Upon determination by the Development Director of the requirements of the Service Delivery Plan, said requirements shall be incorporated into and made a part of the Tentative Tract Map or Special Permit Conditions of Approval.

D. APPROVAL, CONDITIONAL APPROVAL OR DENIAL.

1. FOR PROJECT'S SUBJECT TO A TENTATIVE TRACT MAP:

(a) Planning Commission Action. Within fifty days after the filing of an application for a tentative map or vesting tentative map, the Planning Commission shall approve, conditionally approve, or disapprove the Service Delivery Plan related to a tentative map after having considered the recommendation of the Director and the contents of the Service Delivery Plan.

(b) Effect of Decision. The Planning Commission's action on the tentative map or vesting tentative map and related Service Delivery Plan shall be final, subject to appeal to the City Council within the period of time prescribed.

(c) Appeal. Any interested person including the applicant may appeal from any action of the Planning Commission as related to a tentative map or vesting tentative map and related Service Delivery Plan pursuant to the provisions of Section 12-1019. When a proper appeal has been filed, a public hearing upon the matter shall be set before the City Council within thirty days of the receipt of the proper appeal.

(d) Effect of City Council Action on Appeal. On appeal, the City Council shall approve, conditionally approve, or disapprove the tentative map or vesting tentative map and Service Delivery Plan pursuant to Section 12-1019. The action of the City Council shall be final. The City Council shall not act on the subject map and Service Delivery Plan application unless it has considered the following factors:

(1) The recommendation of the Director,

(2) The Planning Commission's Action and report,

(3) The contents of the Service Delivery Plan.

2. FOR PROJECTS SUBJECT TO SPECIAL PERMIT:

(a) Director Action. The Director shall give notice of the Director's decision in accordance with Section 12-401-C-2.

(b) Director's Decision. The Director's decision shall be final unless any interested person, including the applicant, appeals to the City Council pursuant to the provisions of Section 12-401-H. When a proper appeal has been filed, the Director's decision shall be set aside and a public hearing upon the matter be set before the City Council within thirty days of the receipt of the proper appeal.

(c) Council Action. Following the hearing the City Council may approve, conditionally approve or approve the Service Delivery Plan based on the criteria specified in Section 12-405-B, above, and subject to Section 12-401-E. The action of the City Council shall be final.

E. UGM AGREEMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. Prior to the issuance of any building permit for any of the purposes set forth in the first paragraph of this section, the conditions, if any, of the Service Delivery Plan shall have been satisfied. Any unsatisfied condition may be considered satisfied upon execution and delivery to the Director of a UGM Agreement along with security, provided that the form of such agreement and approved security are approved by the City Attorney's Office.

F. EXPIRATION. An approved Service Delivery Plan shall expire upon the expiration of a related tentative tract map, special permit, building permit or certificate for a change of occupancy.

(Added Ord. 76-6, § 1, eff. 2-22-76; Am. Ord. 86-131, § 1, eff. 9-12-86; Am. Ord. 88-146, § 1, 12-23-88; Am. Ord. 98-54, § 4, 8-27-98).

A. EXEMPTIONS. The following uses, buildings or structures or a change of occupancy to any of the following uses shall be exempt from the requirement for a Service Delivery Plan:

1. All uses permitted in the "O" Open Conservation District and R-A Residential-Agricultural District.

2. All uses permitted in the AE-5 and AE-20 Agricultural districts, except for the following uses:

a. The curing, processing, packaging, packing, shipping and selling of agricultural products.

b. The manufacturing, maintenance, repair, servicing, storage, sale or rental of agricultural machines, implements and equipment of all kinds when not carried on as a clearly secondary occupation in conjunction with a bona fide agricultural operation.

c. The manufacture, storage, or sale of farm supplies of all kinds, including but not limited to fertilizers, agricultural minerals and insecticides when not carried on as a clearly secondary occupation in conjunction with a bona fide agricultural operation.

d. The transportation of agricultural products, supplies or equipment together with the maintenance, storage, repair and servicing of the necessary trucks and equipment when not carried on as a clearly secondary occupation in conjunction with a bona fide agricultural operation.

3. The maintenance and storage of agricultural equipment designed to be used solely for the harvesting of crops, which equipment must be located by the owner thereof upon the owner's own premises when not operated as a secondary occupation in conjunction with or as a part of a bona fide agricultural operation.

4. Permanent roadside stands for sale of agricultural products.

5. Sale of agricultural products produced upon the property.

6. Community auction and sale yards for sale of farm animals, products, implements, supplies, or equipment.

7. Mushroom growing.

8. All uses permitted in the R-1-AH, R-1-A, R-1-E, R-1-EH, R-1-B, R-1-C, and R-1 districts.

9. One- or two-family dwelling on any lot.

10. Tract offices, model homes, and construction materials storage yards, of a temporary nature, within any tract being developed.

11. Any accessory building or structure, including garages which are accessory to any residential use.

12. Private greenhouses and horticulture collections, flower and vegetable gardens.

13. House trailer parking.

14. Home occupations.

15. Temporary or permanent telephone booths.

16. Newspaper stand.

17. Ice and food products dispensing machines.

18. Signs.

19. Petroleum pipelines.

20. Caretaker's residence.

21. Recreational slide.

22. Punch presses.

23. Grocery dispensary facility in T-P zone.

24. Off-street parking or off-street parking lot or accessory structures.

25. The following public facilities and public utilities:

a. All facilities which are owned or under the control of a public agency (city, county, state, federal, special district) and utilized to perform a governmental function.

b. All public utilities which perform a public service function.

c. Electrical distribution substation.

d. Flood control settling pond.

e. Public schools, parks, playgrounds, and libraries.

f. Water pump stations.

g. Microwave relay stations.

h. Post Office substations.

i. Public parking facilities.

26. Such quasi-public organizations, uses or facilities.

B. ADDITIONAL EXEMPTIONS. Additional exemptions from the requirements of this article including the application, approval and issuance of a Service Delivery Plan and the payment of UGM fees, or a deferral of such fees, may be authorized pursuant to the provisions of this section. Such exemptions and deferrals may be processed in accordance with the provisions of this zoning ordinance applicable to land located outside the Urban Growth Management Area.

1. Initiation. Exemption proceedings may be initiated only pursuant to the provisions of subsection 1 (Council resolution) or subsection 3 (Director action) of Section 12-401-A.

2. Director's Decision. Within thirty days after initiation of proceedings, the Director shall make his written decision approving or disapproving any proposed exemption or deferral. The Director shall disapprove any proposed exemption of deferral unless he makes the following findings:

a. The installation, addition, extension, expansion or upgrading of municipal facilities, improvements or services concurrently with or necessitated by a proposed development are insubstantial, and

b. The proposed exemption or deferral will be consistent with the objectives of the Urban Growth Management Process to minimize the cost of municipal facilities, improvements, and services, and to maintain a high quality of such facilities, improvements and services.

3. Effect of Decision. The decision of the Director disapproving a proposed exemption or deferral initiated by him shall be final. The decision of the Director approving or conditionally approving a proposed exemption or deferral shall be presented to the Council for final decision.

4. Council Action. All Director's decisions forwarded to the Council shall be set for public hearing before the Council pursuant to Section 12-401-B, noticed pursuant to Section 12-401-C-1, and held pursuant to Section 12-401-D. Following the hearing the Council may approve, modify or disapprove the Director's decision, subject to Section 12-401-E, based on the criteria specified in subsections 2a and 2b of this section. The action of the Council shall be final. (Added Ord. 76-6, § 1, eff. 2-22-76; Am. Ord. 85-158, § 1, eff. 11-22-85; ; Am. Ord. 98-54, § 5, 8-27-98).

Pursuant to the provisions of this section, the Director may waive the requirement for a Service Delivery Plan applicable to land which is contiguous to or which crosses the inner boundary of the Urban Growth Management Area.

A. INITIATION. Proceedings to waive the requirements for a Service Delivery Plan may be initiated only pursuant to the provisions of subsection 4 (application) of Section 12-401-A.

B. DIRECTOR'S DECISION. Within thirty days after initiation of proceedings, the Director shall make a written decision approving or disapproving any proposed waiver. The Director shall disapprove any proposed waiver unless he makes the following findings:

1. The installation, addition, extension, expansion, or upgrading of municipal facilities, improvements, or services as a result of a waiver of the Service Delivery Plan requirement are insubstantial, and

2. Waiver of the Service Delivery Plan requirement will be consistent with the objectives of the Urban Growth Management Process to minimize the cost of and to maintain a high quality of municipal facilities, improvements, and services.

The Director shall give notice of his decision pursuant to the provisions of Section 12-401-F.

C. APPEAL. The Director's decision shall be final unless any interested person, including the applicant, appeals such decision to the Council pursuant to the provisions of Section 12-401-H. Following the hearing the Council may approve, modify or disapprove the Director's decision, subject to Section 12-401-E, based on the criteria specified in subsections 2a and 2b above. The action of the Council shall be final. (Added Ord. 76-6, § 1, eff. 2-22-76; Am. Ord. 98-54, § 6, 8-27-98).

A. PURPOSE. The purpose of this section is to insure the provision of fire service within the Urban Growth Management Area and to provide a means for the levying and collecting of fees to be used to construct, equip and furnish fire stations to serve fire service areas as may be established by Council. Such fees shall be calculated upon the premise, established by extensive experience within this city, that up to 5,000 residential units, or their equivalent, can be safely protected outside the primary service area of existing fire stations, provided such units are located within the five-mile running distance of an existing fire station.

B. UGM FIRE STATION SERVICE AREAS. The Council may establish by resolution Fire Station Service Areas within the Urban Growth Management Area.

1. The Official Map for each Fire Service Area and a record of all boundary modifications thereto shall be kept on file in the office of the Public Works Director.

2. The Public Works Director may adjust the boundaries of an established Fire Service Area or may concurrently adjust the common boundaries within two or more established Fire Service Areas under either of the following circumstances:

a. When the service area boundary crosses through a proposed development; or

b. When it is determined by the Public Works Director that a proposed development will be served from an adjacent service area.

C. UGM FIRE; STATION CAPITAL FEE.

1. The Council shall designate in the Master Fee Resolution a schedule of UGM Fire Station Capital Fees for each UGM Fire Station Service Area, and a separate schedule of UGM Fire Station Capital Fees for those territories within the Urban Growth Management Area which are not included within a UGM Fire Station Service Area.

2. Fees set forth in the Master Fee Resolution shall be amended during the month of January of each year to reflect:

a. Inflation in the estimated cost of a station, equipment, land and other related expenses;

b. Any territory annexed to the service area during the preceding year which will generate additional fees;

c. Any development which occurred during the preceding year within the service area of the subject fire station but which is exempt from the payment of fees hereunder;

d. Changes in land use plans approved by the Council affecting the density of development within a service area; and

e. Any other factors influencing the costs of constructing or equipping a UGM Fire Station.

D. UGM DEVELOPMENT PERMITTED.

1. Development will be permitted within the UGM area only upon payment by the developer of the appropriate UGM Fire Station Capital Fee as established pursuant to this section.

2. When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Public Works Director may require the payment of the Fire Station Capital Fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet. When the balance of the lot is developed, the remaining Fire Station Capital Fee shall be paid. The Public Works Director shall fix the portion of the lot which is to be considered as developed.

3. The UGM Fire Station Capital Fee is payable upon the submittal for final approval of any tract map or parcel map or, in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

4. Development defined by this Code to be a Planned Unit Development or a development approved pursuant to a Conditional Use Permit shall pay fees according to a rate determined by the Director to be most similar to the actual land use.

5. In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the UGM Fire Station Capital Fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

E. UGM DEVELOPMENT RESTRICTIONS. In addition to payment of UGM Fire Station Capital Fees, all development in the UGM area shall be subject to the following restrictions:

1. Residential.

a. No more than five thousand residential units, or their equivalent, shall be permitted beyond the primary service area and within a five mile running distance of an existing city fire station.

b. Between the three and four mile running distance of an existing and operating fire station there shall be a one hundred-foot separation between buildings, or a fifty-foot separation between buildings, consistent with planned densities, and:

(1) All roofing materials shall be noncombustible, and

(2) All facing surfaces between buildings shall be noncombustible.

c. Between the four and five mile running distance there shall be a one hundred-foot separation between buildings.

d. Between the three and five mile running distance, the one hundred-foot and fifty-foot separation requirements may be waived with the installation of automatic fire extinguishing systems, as approved by the Fire Chief, in all buildings within the project area.

e. In no event will residential development be permitted beyond the five mile running distance of an existing and operating city fire station unless the developer first constructs a city fire station to serve such development, in which event the developer will be reimbursed in accordance with subsection G-2 of this section.

2. Commercial.

a. In addition to the payment of UGM Fire Station Capital Fees, commercial and industrial development will be permitted beyond the two-mile running distance of an existing and operating city fire station only upon compliance by the developer with all conditions imposed by the Fire Chief and approved by the Council for fire safety purposes, such as additional spacing between buildings, installation of fire sprinklers, or the use of noncombustible materials.

b. In no event will commercial or industrial development be permitted beyond the three-mile running distance of an existing and operating fire station unless the developer first constructs a city fire station to serve such development, in which event the developer will be reimbursed in accordance with subsection G-2 of this section.

c. The Director may grant a temporary waiver from the restrictions of subdivision b. when the Fire Chief finds either the physical response time is equivalent to the running distance or all of the following circumstances apply:

(1) the development will improve the health and safety of the community.

(2) the proposed development meets minimum fire safety standards acceptable to the Fire Chief for service times and risk of fire for the period of the waiver.

(3) the developer has provided adequate security, in a form approved by the Director and the City Attorney, to ensure development will be completed upon the expiration of the waiver.

The time limit on the waiver will be provided by the Fire Chief to ensure the protection of the public health and safety, but in no event shall the waiver be more than two years from the date of issuance of the first certificate of occupancy for the development. The Fire Chief shall adopt written standards to administer this waiver, including but not limited to, a list of building occupancies, water supply requirements, and building construction types appropriate for this waiver pursuant to the Fire Chief's authority and responsibilities under the Fresno Fire Code.

3. Exception. Notwithstanding the above, development will be permitted beyond the distances and densities specified herein provided the developer pays the appropriate UGM Fire Station Capital Fee and such development will be protected by another fire protection agency pursuant to a contract approved by the city.

F. CONSTRUCTION OF UGM FIRE STATION.

1. All Fire Station Capital Fees collected from development within an established UGM Fire Station Service Areas, and not committed by agreement or otherwise to some other UGM Fire Station Service Area, shall be deposited in a UGM Fire Station Capital Fund for the area in which collected. Each such fund shall be used solely for the purposes of purchasing land, constructing buildings and improvements, and purchasing machinery, equipment, furnishings and other capital-type fire station facilities within the UGM Fire Station Area in which such fees were generated, and for administration, inspection and engineering costs of the city directly related thereto.

2. All UGM Fire Station Capital Fees collected from development outside an established UGM Fire Station Service Area shall be held in a separate fund until such service area is established, at which time all such fees, together with interest thereon, shall be transferred into a UGM Fire Station Capital Fund to be used as above.

3. At such time as fees are collected from development within any given UGM Fire Station Service Area, sufficient in amount to construct, equip and furnish a fire station, as determined by the Director, the city shall initiate proceedings to call for bids for the construction of a fire station within such area.

G. REIMBURSEMENTS WITHIN UGM FIRE STATION AREA.

1. Upon the acquisition, construction, equipping and furnishing of a fire station, all fire station capital fees thereafter charged and collected within the service area of such fire station will be charged at the service fee rate. All such fees shall be placed in a trust fund and, after any additional costs of acquisition, construction, equipping and furnishing of the fire station are paid from such trust fund, shall be paid out semiannually to those persons, or their heirs and successors, who contributed fire station capital fees at the accelerated rate, in proportion to their respective contributions thereto, in the manner and for the period prescribed in Section 12-4.504-C of this Code. Reimbursement rights shall not be assignable except upon written request and notice to, and approval by, the city.

2. Where, as a condition precedent to approval of development in the Urban Growth Management Area, a person has been required to construct a fire station which has been accepted by the city, such person shall file with the Public Works Director within ninety days following city acceptance of the fire station a project accounting stating the cost of construction of the fire station. The Public Works Director shall determine semiannually as of each April first and October first following city acceptance of the fire station those portions of the service area which have been developed and which have paid the fire station capital fee during the preceding six months, in the manner and for the period prescribed in Section 12-4.504-C of this Code.

For each gross acre so determined to have been developed, there shall be paid from the UGM fire station capital fund to the person who constructed the fire station, reimbursements based on the cost of such fire station and the costs of site acquisition, design, construction, inspection, furnishings and equipment. The amount to be reimbursed shall be credited against the fire station capital fee to be paid on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution.

In the event that credit for such property exceeds the fire station capital fee, the difference shall be paid from the UGM fire station capital fund upon completion of the fire station, but only to the extent fire station capital fees are paid on behalf of other properties which are developed subsequent to city acceptance of the fire station, and only for the period applicable under Section 12-4.501.5-F of this Code. Payments may not be made to such person in excess of the cost of the fire station as shown on the project accounting, less his pro-rata share; provided further that neither determinations nor payments may be made at all if the project accounting is not timely filed as required above.

3. Where fire station capital fees have been paid on the basis of a multifamily zone district classification but the subject property was thereafter actually developed to a single-family residential zone district standard, the Director shall refund to the payor of such fees the difference between the amount of fees actually paid and the amount which would have been paid if the subject property had been classified as a single-family residential zone district, subject to compliance with the following criteria:

a. The properties for which refunds are requested shall have been developed. As used herein, developed ' shall mean the issuance of building permits for the construction of a single-family residential structure on a lot or lots of record with an established fire station service area.

b. Where the subject property is still owned by the payor of such fees, the payor shall file an application for rezoning thereof to a single-family zone district having property development standards consistent with that which has actually been developed. Such application shall include such information as required by the Director to ascertain compliance with the applicable property development standards.

c. Where the ownership of the subject property has been transferred to a person other than the payor of such fees, the Council shall initiate the rezoning thereof to a single-family zone district with property development standards consistent with that which has actually been developed. For properties such as these, the payor shall provide the Director with the names and addresses of the property owners of record, and with the information required by the Director to ascertain compliance with the applicable property development standards.

d. Any request for refund of fees pursuant to this subsection shall identify the subject property by street address and legal description, the owner or owners of record thereof, the amount of fee paid attributable to such property, and proof of payment.

e. The rezoning to the appropriate single-family zone classification shall have been approved by the Council and shall have become effective prior to payment of any refund of such fees.

f. Except as otherwise provided herein, any refund sought pursuant to this subsection shall be processed in the time and manner prescribed in Fresno Municipal Code Section 12-4.504(c) including the retention of the administrative charge provided therein upon establishment of appropriate fee rates which include the reapportionment of the approved land district amendments.

(Added Ord. 79-169, § 2, eff. 11-16-79; Am. Ord. 80-29, §§ 1, 2, 4-11-80; Am. Ord. 80-115, § 118, eff. 8-8-80; Am. Ord. 82-82, § 5, eff. 9-17-82; Am. Ord. 83-163, § 6, eff. 1-20-84; Am. Ord. 85-49, § 1, eff. 5-10-85; Am. Ord. 86-51, §§ 1—3, eff. 5-2-86; Am. Ord. 87-62, § 1, eff. 7-3-87; Am. Ord. 91-33, § 1, eff. 5-10-91; Am. Ord. 95-38, §§ 6, 7, eff. 6-9-95; Am. Ord. 2004-118, § 1, eff. 12-21-04; Am. Ord. 2014-31, § 1, eff. 8-29-14).

A. UGM PARK SERVICE AREAS.

1. The Council shall establish by resolution UGM Park Service Areas within the Urban Growth Management Area.

a. The official map for each UGM Park Service Area shall be kept on file in the Office of the Public Works Director.

2. The Public Works Director may adjust the boundaries of an established Park Service Area or may concurrently adjust the common boundaries within two or more established Park Service Areas under either of the following circumstances.

a. When the service area boundary crosses through a proposed development; or

b. When it is determined by the Public Works Director that a proposed development will be serviced from an adjacent service area.

B. UGM PARK FEE.

1. The Council shall designate in the Master Fee Resolution a separate schedule of UGM Park Fees for each UGM Park Service Area.

2. Fees set forth in the Master Fee Resolution shall be amended during the month of January each year to reflect:

a. Inflation in the estimated cost of a park, equipment and facilities, land, and other related expenses;

b. Any territory annexed to the park service area during the preceding year which will generate additional fees;

c. Any development which occurred during the preceding year within the service area of the subject park but which is exempt from the payment of fees hereunder;

d. Changes in land use plans approved by the Council affecting the density of development within a service area; and

e. Any other factors influencing the cost of constructing a park.

C. UGM DEVELOPMENT PERMITTED.

1. Development will be permitted within an established UGM Park Service Area only upon payment by the developer of the appropriate UGM Park Capital Fee.

2. When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Public Works Director may require the payment of the Park Fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet. When the balance of the lot is developed, the remaining Park Fee shall be paid. The Public Works Director shall fix the portion of the lot which is to be considered as developed.

3. The UGM Park Capital Fee is payable upon the submittal for final approval of any tract map or parcel map or, in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

4. Development defined within the text of the code to be a planned unit development or development approved pursuant to a Conditional Use Permit shall pay fees according to a rate determined by the Director to be most similar to the actual land use.

5. In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four (4.0) net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the UGM Park Capital Fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

D. UGM DEVELOPMENT RESTRICTIONS. The developer of land within the Urban Growth Management Area which includes territory designated on an adopted city plan as a park site shall, as a condition of approval of his development, dedicate such territory to the city for use as a park. Such developer shall thereafter be reimbursed in accordance with subsection F-2 of this section.

E. CONSTRUCTION OF UGM PARK.

1. All fees collected for development within a UGM Park Service Area shall be deposited into a separate UGM Park Capital Fund. Each such fund shall be used solely for the purposes of purchasing land, constructing buildings and improvements, and purchasing machinery, equipment, furnishings and other capital-type facilities to provide park and recreation facilities within the UGM Park Service Area in which such fees were generated, and for administration, inspection and engineering costs of the city directly related thereto.

2. At such time as fees are collected from the development of one-half of the territory within any given park service area, as determined by the Director, the city shall initiate proceedings to call for bids for the construction of a park within such area.

F. REIMBURSEMENTS WITHIN UGM PARK AREA.

1. All UGM park capital fees collected within a UGM park service area following development of one-half of such area shall be charged at the service fee rate. All such fees shall be placed in a trust fund and, after any additional costs of acquisition and construction of the park are paid from such trust fund, shall be paid out semiannually to those persons, or their heirs and successors, who contributed park fees at the accelerated rate, in proportion to their respective contributions thereto, in the manner and for the period prescribed in Section 12-4.504-C of this Code. Reimbursement rights shall not be assignable except upon written request and notice to, and approval by, the city.

2. Where, as a condition precedent to approval of development in the Urban Growth Management Area, a person has been required to construct a park or dedicate a park site which has been accepted by the city, such person shall file with the Public Works Director within ninety days following acceptance of the park a project accounting stating the cost of construction of the park and, if a park site has been dedicated, the cost of acquisition of the park site. The Public Works Director shall determine semiannually as of each April first and October first following acceptance of the park, those portions of the service area which have been developed and which have paid the park capital fee during the preceding six months, in the manner and for the period prescribed by Section 12-4.504-C of this Code.

For each gross acre so determined to have been developed, there shall be paid from the UGM park capital fund to the person who constructed the park or, if applicable, dedicated the park site, reimbursements based on the cost of such park and the costs of site acquisition, design, construction, inspection, furnishings, and equipment. The amount to be reimbursed shall be credited against the park capital fee to be paid on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution.

In the event that credit for such property exceeds the park capital fee, the difference shall be paid from the UGM park capital fund upon city acceptance of the park, but only to the extent park capital fees are paid on behalf of other properties which are developed subsequent to city acceptance of the park, and only in the manner and for the period prescribed under Section 12-4.504-C of this Code. Payments may only be made to such person as shown on the project accounting, less his pro-rata share; provided further that neither determinations nor payments may be made at all if the project accounting is not timely filed as required above.

3. Where UGM park capital fees have been paid on the basis of a multifamily zone district classification but the subject property was thereafter actually developed to a single-family residential zone district standard, the Director shall refund to the payor of such fees the difference between the amount of fees actually paid and the amount which would have been paid if the subject property had been classified as a single-family residential zone district, subject to compliance with the following criteria:

a. The properties for which refunds are requested shall have been developed. As used herein, "developed" shall mean the issuance of building permits for the construction of a single-family residential structure on a lot or lots of record within an established park service area.

b. Where the subject property is still owned by the payor of such fees, the payor shall file an application for rezoning thereof to a single-family zone district with property development standards consistent with that which has actually been developed. Such application shall include such information as required by the Director to ascertain consistency with the applicable property development standards.

c. Where the ownership of the subject property has been transferred to a person other than the payor of such fees, the Council shall initiate the rezoning thereof to a single-family zone district with property development standards consistent with that which has actually been developed. For properties such as these, the payor shall provide the Director with the names and addresses of the property owners of record, and with the information required by the Director to ascertain compliance with the applicable property development standards.

d. Any request for refund of fees pursuant to this subsection shall identify the subject property by street address and legal description, the owner or owners of record thereof, the amount of fee paid attributable to such property, and proof of payment.

e. The rezoning to the appropriate single-family zone classification shall have been approved by the Council and shall have become effective prior to payment of any refund of such fees.

f. Except as otherwise provided herein, any refund sought pursuant to this subsection shall be processed in the time and manner prescribed in Fresno Municipal Code Section 12-4.504(c) including the retention of the administrative charge provided therein upon establishment of appropriate fee rates which include the reapportionment of the approved land district amendments.

(Added Ord. 79-169, § 3, eff. 11-16-79; Am. Ord. 80-29, §§ 3, 4, eff. 4-11-80; Am. Ord. 80-115, § 119, eff. 8-8-80; Am. Ord. 82-82, § 6, eff. 9-17-82; Am. Ord. 83-163, § 7, eff. 1-20-84; Am. Ord. 85-49, § 2, eff. 5-10-85; Am. Ord. 86-51, §§ 4—6, eff. 5-2-86; Am. Ord. 89-85, § 7, eff. 7-28-89; Am. Ord. 91-33, § 2, eff. 5-10-91; Am. Ord. 95-38, §§ 8, 9, eff. 6-9-95).