Hercules Municipal Code Art. 5 Fire Facilities Impact Fees

The City Council of the City of Hercules declares:

(a) Adequate fire-fighting facilities are needed to protect the health, safety and general welfare of its citizens and to protect property in the City;

(b) The Rodeo-Hercules Fire Protection District provides fire protection, fire suppression, rescue, emergency medical aid, hazardous material control and disaster response, and coordination services for the City of Hercules and for the Town of Rodeo;

(c) Although each fire station generally serves a particular geographic area, the stations also serve other areas whenever necessary. The stations are part of an integrated system serving the entire City of Hercules as well as the Town of Rodeo;

(d) The Hercules General Plan includes goals and objectives related to providing adequate fire protection. By including these in the general plan, the City intended to inform residents and developers of City plans for fire services and make fire station locations a part of the land use planning process. The general plan establishes a level of service (LOS) goal for emergency calls. The general plan recommends consideration of a funding mechanism for new facilities. All new development within the City of Hercules is required by law to be consistent with the general plan. The approval of such development must assure that the general plan, and its policies relating to fire facilities, will be implemented.

(e) New development within the City will create an additional burden on existing fire protection facilities;

(f) Additions to existing fire protection facilities in the City are needed to mitigate the impacts of development and to accommodate future development;

(g) All types of development require and use fire and other emergency services;

(h) In order to implement the general plan and to promote the health, safety and general welfare of the community, it is necessary that new development pay a fee in lieu of the installation of the necessary improvements to the fire protection system;

(i) Although the Rodeo-Hercules Fire Protection District currently serves both the City of Hercules and the Town of Rodeo, the fire protection facilities to be paid for by the fire facilities fee will be required to serve Hercules even if Rodeo is no longer served.

(j) The fire facilities impact fee is based upon the premise that new development generates additional residents, employees and structures which in turn place an additional burden upon the local fire protection system and should be expected to pay a share of the new fire protection facilities in accordance with the level of demand generated by that development. The City Council hereby finds:

(1) The purpose of this fee is to provide adequate fire protection facilities to serve new development within the City.

(2) The fire protection facilities for which the fee can be used are generally identified in the Comprehensive Impact Fee Study.

(3) Fire protection facilities and related emergency services are needed by all types of development to protect persons and property. The categories of land use for which the fee will be charged are residential, office, retail/service, industrial and hotel.

(4) Based upon the fire department's records of past responses, all types of development create the need for fire protection and emergency services.

(5) The amount of the fee shall be established by City Council resolution and shall be based upon the following considerations:

A. New development will pay only for those increases and improvements which serve demands created by new development.

B. Each type of development shall contribute to the needed fire protection facilities in proportion to the use of fire protection facilities by that type of development.

The Comprehensive Impact Fee Study and future council-approved amendments and supplements to it and replacements of it are approved and incorporated by reference.

(Ord. 364 § 2 (part), 2001)

In this Article:

(a)

Director means the City Manager or the City Manager's designee.

(b)

Permit includes a building or use permit authorizing the development of new floor area or a change from one land use category to another.

(c)

Fire protection facilities includes land, buildings, improvements and related equipment.

(d)

Single family residence means a detached one-family dwelling unit as densities less than six per acre, excluding mobile homes.

(e)

Multi-family dwelling means all attached single family dwellings such as townhouses, condominiums, duplexes, apartments, dormitories and the like, and mobile homes or trailers.

(f)

Industrial includes facilities primarily engaged in manufacturing, processing and assembling goods, business and construction services, passenger and freight transportation, research and development and uses with a similar impact on the services or facilities for which the fee is assessed.

(g)

Office includes facilities primarily used for professional (medical, legal, engineering, accounting), general commercial, financial, insurance, and other offices which do not function primarily for walk-in services as well as uses with a similar impact on the services or facilities for which the fee is assessed.

(h)

Retail/service includes facilities primarily engaged in the retail sale of goods or services to the general public or to small businesses. This category includes stores, automobile dealers, restaurants, hospitals, schools, colleges, banks and uses with a similar impact on the services or facilities for which the fee is assessed.

(i)

Hotel includes buildings used for the overnight lodging of guests and uses with a similar impact on traffic volume.

(j)

Floor area means the gross floor area of a building or, if a building contains separate uses for which the fee is payable, the floor area of each of those uses. It is determined by calculating the total combined floor area within the buildings's exterior walls or, in the case of a building containing more than one use, the area within the walls containing each separate use. Floor area includes the area of an addition where floor area is increased. Parking areas and exterior walkways are not included in this calculation.

(k)

Comprehensive Impact Fee Study refers to the report of that title dated February 21, 2001 and prepared by City of Hercules and Muni Financial and all amendments, supplements and replacements thereof from time to time.

(Ord. 364 § 2 (part), 2001)

(a) General.

(1) Permit. A person who applies for a permit to construct a residential unit or to construct or add to a nonresidential building shall pay to the City a fire facilities impact fee prior to issuance of the permit.

(2) Change of use. A person who receives a permit authorizing a change of use within a building shall pay to the City a fire facilities fee prior to issuance of the permit.

(3) Amount of fee. The amount of the fire facilities fee shall be determined by resolution of the City Council and may be adjusted from time to time to reflect changed estimates in the cost of the facilities to be financed.

(b) Type of Development. The categories of land uses for which the fee will be charged are:

(1) Residential;

(2) Industrial;

(3) Office;

(4) Retail/Service;

(5) Hotel.

(c) Facilities. The fee shall be based on the percentage of the cost of the new or already provided fire facilities needed to serve new development as determined in the Comprehensive Impact Fee Study.

(d) Method of Establishing Fee. The method for establishing fees for each category of land use is that set out in the Comprehensive Impact Fee Study.

(e) Residential Fees. The fee for residential construction shall be charged for each new dwelling unit. No fee is charged for remodeling only or for an addition to an existing unit which does not result in a new second unit.

(f) Non-residential Fees. The fee for nonresidential construction shall be charged on a per square foot basis for all new gross floor area, including an addition where floor area is increased. No fee is charge for remodeling or restoration only, where the floor area is improved or replaced but not increased.

(g) Change of Land Use. A fee is due for a change in land use category. The fee is based on the incremental difference between the applicable fee for the prior use and the fee for the proposed new use.

(Ord. 364 § 2 (part), 2001)

No fee is due if the fire facilities fee or a fee substantially similar to the fire impact fee was previously paid in full for a particular property and use. No fee is due for development by entities which are exempt by law from payment of the fee. There are no other exemptions to the fire facilities fee.

(Ord. 364 § 2 (part), 2001)

The time of payment for the fire facilities fee shall be established by the resolution which sets the amount of the fee, and shall conform to the requirements of Government Code Section 66007.

(Ord. 364 § 2 (part), 2001)

The City shall deposit the fees collected under this Article in a special fund, the Fire Facilities Impact Fee Fund, designated for fire protection facilities. The fees and any interest earned shall be used only:

To acquire, construct, complete, remodel or expand the fire facilities projects specified in the Hercules General Plan, the Comprehensive Impact Fee Study, the Capital Improvements Program or the budget of the City, or to reimburse the City for such completion if funds were advanced by the City from other sources;

To reimburse developers who have been required or permitted to install such fire protection facilities to the extent that the cost of such installation exceeds the fee the developer would have otherwise been required to pay under this Article;

To reimburse the City for its reasonable costs in administering this Article.

(Ord. 364 § 2 (part), 2001)

The City Council shall annually review the fire facilities fee authorized by this Article, implementing resolutions and supporting documentation, including the Comprehensive Impact Fee Study, and may, based on such review, institute an amended fire facilities fee program.

(Ord. 364 § 2 (part), 2001)

The provisions of Article 1 apply to this fire facilities impact fee.

(Ord. 364 § 2 (part), 2001)