Larkspur Municipal Code Ch. 3.36 Fire Protection Impact Fees

Sections: 3.36.010 Purpose.

3.36.020 Definitions. 3.36.030 Fire Impact Fee Established – Fee Amounts To Be Set By Resolution. 3.36.040 Establishment of Fire Protection Impact Fund. 3.36.050 Exemptions. 3.36.060 Annual Review.

This chapter sets forth the requirements for the establishment and administration of development impact fees collected by the City of Larkspur on behalf of the Central Marin Fire Authority (Fire Authority). The Fire Authority requested the establishment and administration of a development impact fee because the Fire Authority lacks statutory authority to independently impose development impact fees. The Fire Authority has prepared all 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, all in compliance with the California Mitigation Fee Act (Government Code Sections 66000 through 66025). (Ord. 1095 § 5 (Exh. A), 2026)

For the purposes of this chapter, the following words and phrases shall have the meaning set forth below:

“Apparatus” means and includes but is not limited to fire engines, utility vehicles, command staff vehicles, water tenders, fire trucks, and ambulances.

“Assisted living” means a residential community that provides housing, meals, and personal care support for individuals, typically older adults, who need help with daily tasks but not intensive medical care.

“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.

“Fire Department,” “Fire Authority” or “CMFA” means the Central Marin Fire Authority which is a Joint Powers Authority (JPA) established in 2018 as a public agency comprised of the City of Larkspur and the Town of Corte Madera under the Joint Exercise of Powers Act, Sections 6500 et seq. of the California Government Code.

“Fire facilities” means public improvements, including buildings and structures, not limited to fire stations, administrative buildings, training buildings, land purchase, and related planning, environmental, legal, engineering and construction costs as identified by the Fire Authority in the nexus study.

“Fire impact fee” or “fee” means a monetary exaction in compliance with Government Code Section 66000 et seq., other than a tax or a special assessment, that is charged by the City of Larkspur in connection with the approval of a residential development project for the purpose of defraying all, or a portion of, the cost of fire facilities, apparatus and equipment related to the development project. The facilities are further described in the

Development Impact Fee Report, adopted by City Council Resolution 04/26, which is on file and available for inspection at the City’s Community Development Department and is incorporated herein by reference.

“Public facilities” means fire facilities, equipment and apparatus.

“Residential development project” means a project for the new construction, creation, or placement of any dwelling unit in a permanent location, or the subdivision of land which is planned, designed, or used for the following land use categories:

1. Single-Family Residential. This category consists of single-family detached units and duplexes.

2. Multifamily Residential. This category consists of buildings containing three (3) or more dwelling units and
mobile home parks.

3. Assisted Living. This category consists of development projects which meet the definition of “assisted
living” in this section. (Ord. 1095 § 5 (Exh. A), 2026)

Resolution.

A. A fire impact fee is established to pay for fire facilities, equipment, and apparatus. Revenue from the fire impact fee shall be deposited in the fire protection impact fund.

B. The amount of fire impact fee imposed on applicants of residential development projects shall be determined by resolution adopted by the City Council and may be adjusted annually by the percentage change in the construction cost index for the San Francisco area published by the Engineering News Record (ENR), or by a substitute index selected by the City Manager if the construction cost index ceases to be published. Fire protection impact fees shall not exceed the cost of mitigating the impact of the residential development projects on the availability of adequate fire and life safety facilities and equipment and shall describe the need for the fee, list the types of improvements to be financed, describe the estimated cost of these improvements, describe the reasonable relationship between the fee and the various types of future development, and set forth time for payment of the fee. (Ord. 1095 § 5 (Exh. A), 2026)

A. The City hereby establishes a fire protection impact fund. The money in said fund and interest derived from the fund shall be segregated from other City funds and shall be expended solely for fire facilities, apparatus and equipment, including but not limited to the following:

1. Upgrade, relocate or reconstruct existing fire stations owned by and located in the City of Larkspur as
necessary to serve the anticipated increase in residents.

2. Upgrade or replace CMFA’s equipment and vehicles.

3. Reimburse the City or CMFA or both for fire facilities, equipment, or apparatus that otherwise would
have been eligible for funding with fee revenue and that were constructed or acquired by the City or CMFA
with funds, other than gifts or grants, from other sources together with accrued interest.

4. Provide a fee credit and/or reimbursement to developers who have constructed or provided fire
facilities, equipment, or apparatus that otherwise would have been eligible for funding with fee revenue
where such construction or acquisition is beyond that which would otherwise be required for approval of the
proposed development and based on actual cost of construction or acquisition.

5. To pay for and/or reimburse costs of program development and ongoing administration of the fire
impact fee program.

6. Other purposes as stated in the resolution setting the amounts of the fire impact fee.

B. The fund shall be administered by the City Manager, or their designee, who shall have the authority to manage the fund consistent with this chapter, and to prescribe procedures for said purpose, subject to City Council approval.

C. The City of Larkspur may enter into an agreement with the CMFA to collect and disburse the fire protection fund monies. Any such agreement must provide for the following:

1. Ensure that the fees are collected, held, and used as required by the Mitigation Fee Act (Government
Code Section 66000 et seq.).

2. Specify the rights and duties of the respective parties. Without limiting the foregoing the agreement will
identify which party is responsible for the specific requirements of the Mitigation Fee Act (Government Code
Section 66000).

3. The Fire Authority shall defend, indemnify and hold the City of Larkspur, its officers, agents and
employees harmless from and against any and all liability, loss, damage, claims, judgements, costs, staff time,
losses, expenses and any other costs of defense arising out of, resulting from, or related to the creation,
establishment, modification, collection or disbursement of fees on behalf of the Fire Authority or any other
obligation of the Fire Authority or City of Larkspur under the agreement to collect and distribute fees on
behalf of the Fire Authority in compliance with the Mitigation Fee Act.

4. The City Attorney must approve the agreement as to form. (Ord. 1095 § 5 (Exh. A), 2026)

The following shall be exempt from the provisions of this chapter:

A. A structure owned by a governmental agency.

B. A structure which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof; provided, that the number of structures or the size of such reconstructed structure is no greater than the number of structures or size of the structure prior to such damage, destruction or demolition.

C. A development project found to have no impact on the Authority’s fire system. (Ord. 1095 § 5 (Exh. A), 2026)

For all fees established pursuant to this chapter, within one hundred eighty (180) days after the last day of each fiscal year, the Fire Authority and the City shall make available to the public information required by Government Code Section 66006(b). (Ord. 1095 § 5 (Exh. A), 2026)

The Larkspur Municipal Code is current through Ordinance 1096, passed February 4, 2026.

Disclaimer: The City Clerk’s office has the official version of the Larkspur Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityoflarkspur.org

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