Lancaster Municipal Code Ch. 15.76 Fire Protection Fees

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Editor's note— Ord. No. 1139, § 1, adopted Oct. 28, 2025, amended Ch. 15.76 in its entirety to read as herein set out. Former Ch. 15.76, §§ 15.76.010—15.76.090, pertained to similar subject matter, and derived from Ord. No. 1094, § 1, adopted Nov. 8, 2022.

The city council of the city finds that new development of land within the city imposes increased demands on the city's public facility infrastructure and service requirements. This chapter is intended to establish a fire protection fee for fire protection and emergency medical services pursuant to the agreement between the Consolidated Fire Protection District of Los Angeles County ("district") and the city of Lancaster ("city") for the adoption and administration of the developer fee by the city for the benefit of the district whereby as a condition to the issuance of a building permit by the city the owner or land developer will be required to pay a fire protection fee or provide other considerations to the district for the purpose of defraying the costs of public expenditures for fire protection and emergency medical services and facilities which will benefit such new development. The development impact fee established herein shall be imposed in an amount based upon the gross square footage of new residential and nonresidential development or some similarly fair and reasonable basis in order to finance facilities, the demand for which is generated by new development in the city. Fire protection fees shall not exceed the cost of providing capital improvements for which the need is substantially attributable to those developments that pay the fees.

(Ord. No. 1139, § 1, 10-28-2025)

Unless the context shall require otherwise, the definitions set forth in this section shall apply to the following terms as used in this chapter:

"Building permit" means the permit required for new construction and additions pursuant to this title. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area of commercial or industrial development or in number of dwelling units resulting therefrom.

"Capital improvement plan" means the capital improvement plan entitled developer fee detailed fire station plan dated May 1991, as may be revised, prepared by the district and adopted by resolution of the county of Los Angeles or such similar comprehensive plan adopted by resolution of the city council of the city which identifies specific capital improvements to be undertaken, and indicates the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with fire protection fees and other necessary features.

"Capital improvements" means any and/or all of the public facilities, including the acquisition of land, design, and construction, improvements, equipping, and installing of same, and which facilities are identified in the capital improvements plan to be financed in whole or in part by the imposition of a fire protection fee.

"City" means the city of Lancaster.

"Council" means the city council of the city.

"Development" means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of the building permit.

"District" means the consolidated fire protection district of Los Angeles County.

"Fire protection fee" means any monetary exaction, other than a tax or special assessment, which is charged to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities for fire protection and emergency medical services related to the development project, subject to the exceptions set forth in California Government Code Section 66000 et seq.

(Ord. No. 1139, § 1, 10-28-2025)

In order to implement the goals and objectives of the general plan of the city, to protect the health, safety and general welfare of the city's population, to mitigate impacts of new development of the level of fire service capacity in existing facilities, and to ensure that the burdens of financing capital improvements may be borne by all of the development projects benefited thereby, every person constructing any new residential, commercial or industrial development shall pay fire protection fees to the district prior to issuance by the city of a building permit. The fire protection fee shall be used to finance capital improvements. The imposition of fire protection fees identified in this chapter is dependent upon adoption by the council of a capital improvement plan.

(Ord. No. 1139, § 1, 10-28-2025)

A. The council shall by resolution:

1. Adopt the capital improvements plan to identify by category the specific capital improvements to be financed in whole or in part by fire protection fees; and

2. Establish the amount of the fire protection fees specified in this chapter, which resolution shall be consistent with the requirements of Assembly Bill 1600 (Chapter 927 Statutes 1987) as set forth in California Government Code Section 66000 et seq. and shall include the following:

a. Identify the purpose of the fee,

b. Identify the use to which the fee will be put,

c. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed,

d. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed, and

e. Determine how there is a reasonable relationship between the specific amount of the fee imposed on a development project and the cost of the needed public facilities attributable to that development project.

B. The city council may, by resolution, amend the capital improvements plan and/or the fire protection fees upon completion of studies by the district or the city or upon determination of the availability of funds or financing to pay the cost of the capital improvements.

(Ord. No. 1139, § 1, 10-28-2025)

A. After the adoption by the council of a resolution establishing the amounts of the fire protection fees, no building permit shall be issued and no development shall be permitted on any land within the city, unless and until the fire protection fees relating to such development and established by the resolution adopted pursuant to Section 15.76.040 have been paid in that amount or provision has been made for such payment to the satisfaction of the district, unless (i) a determination has been made by the district and the city department of public works that no fee is payable pursuant to this chapter, or (ii) the city manager has authorized the deferral of such fees in accordance with this Section 15.76.050.

B. The city manager may authorize the deferred payment of the nonresidential fire facilities impact fee required by this Section 15.76.050 if the city manager determines that development complies with all requirements for such deferred payment as set forth in Chapter 15.77 of this Title 15.

(Ord. No. 1139, § 1, 10-28-2025)

All of the fees collected pursuant to this chapter shall be deposited into a separate capital improvement account of the district. These funds and any interest earnings thereon shall be used solely for the purposes specified for funds of such account and solely for the financing of capital improvements identified in the capital improvements plan adopted pursuant to this chapter, or to reimburse the district for those identified improvements constructed by the district with funds advanced by the district from other sources.

(Ord. No. 1139, § 1, 10-28-2025)

The district shall annually review and may, in its discretion, propose an adjustment to the capital improvement plan and in the amount of fire protection fees established by a resolution pursuant to Section 15.76.040. The adjustments proposed by the district shall be submitted to the city at least thirty (30) days prior to the close of the city's fiscal year for consideration by the city council.

(Ord. No. 1139, § 1, 10-28-2025)

A. The provisions of Sections 15.76.030 and 15.76.050 to the contrary notwithstanding, upon application by an owner or land developer, the council may accept consideration in lieu of the fire protection fees required pursuant to this chapter, provided:

1. The city council, upon recommendation to the district, finds that the substitute consideration proposed has a value equal to or greater than such fee;

2. The substitute consideration is in a form acceptable to the district.

B. A developer or property owner may elect to construct a capital improvement listed in the capital improvements plan. If the developer or owner elects to construct such improvement, the developer or property owner must enter into an agreement with the district prior to issuance of any building permit by the city. The agreement must establish the estimated cost of the improvement, the schedule or initiation, and completion of the improvement, a requirement that the improvement is completed to district and city standards, and such other terms and conditions as deemed necessary by the district.

(Ord. No. 1139, § 1, 10-28-2025)

The fire protection fees established herein are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits. The fire protection fee is intended to be consistent with and to further the objectives and policies of the general plan of the city, the capital improvements plan, and other city policies, ordinances, and resolutions by which the city seeks to ensure the provision of public facilities and services in conjunction with the development of land. In no event shall a property owner be obligated to pay for capital improvements in an amount in excess of the amount calculated pursuant to this chapter and the resolution adopted pursuant to Section 15.76.040; provided, however, a property owner or developer may be required to pay, pursuant to city ordinances, regulations or policies for other public improvements, including, without limitation subdivision improvements and development impact fees.

(Ord. No. 1139, § 1, 10-28-2025)