Lassen County Municipal Code Ch. 12.60 Fire Capital Impact Fees

The county board of supervisors finds, based upon the policy contained in the general plan, upon the contents of special studies prepared to assess the nexus and degree of impact of growth upon the public safety services of Lassen County, and independent fire protection districts within Lassen County, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the county will cause the county and independent special districts to incur substantial capital costs for the construction and acquisition of county and district public safety capital facilities and equipment, and that the imposition of impact fees, in the amounts specified by the respective affected fire protection districts, is necessary in order to offset such costs and provide adequate law enforcement and fire protection service.

(Ord. 506 § 1, 1991)

Pursuant to the findings contained in Section 12.60.010 of this chapter, fire capital facility fees are authorized upon each new residential, commercial, industrial and other development within the jurisdiction of qualifying fire protection districts. The amount of said fee shall be established by a competent analysis of the nexus, relationship and degree of the impact of growth upon the delivery of district services, commissioned and provided by said fire protection districts. The fee, accompanied by supporting documentation and public testimony, shall be considered for adoption by resolution by the participating fire protection district board and, if so resolved, be submitted for approval by the county board of supervisors, according to a reasonable relationship between new development, the needed facilities and the estimated cost of those improvements or capital expenditures. Subject to the district's analysis and recommendations meeting the ordinance standards imposed by Sections 66000 through 66004 of the California Government Code. Penalties imposed for failure to meet those requirements shall be the responsibility of the individual fire protection district. As authorized by the Fire Protection District Act, the county may act as the fiduciary agent for the district and collect the fees through the building permit process, at the time of the final inspection or the date the certificate of occupancy is issued, whichever occurs first.

(Ord. 506 § 1, 1991)

The fire capital facilities fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement or other contract between the county and a developer, or the district and a developer, the district has specifically agreed to such a waiver in consideration of other mitigating actions. Those actions shall have a reasonable relationship between the new development, the needed improvements and the estimated cost of those improvements or capital expenditures. Where the covered occupancy to be constructed will replace an existing covered occupancy, a credit for fees otherwise imposed by this chapter shall be given on the basis of the square footage of the existing covered occupancy which is being replaced.

(Ord. 506 § 1, 1991)

Fees collected pursuant to this chapter shall be placed in special funds which are hereby created and established for such purpose and which shall be known as the "fire district capital facilities fee fund," for each respective fire protection district, each fund segregated by district, within the county. Moneys deposited in these funds shall not be commingled with general fund or other revenues, with the exception of short term investments. Money deposited in said funds, and all accruing interest, shall be used exclusively for the acquisition of band and easements for fire facilities, design and ordinance construction of fire facilities, and/or fire capital expenditures made necessary by the development of new residential, commercial, industrial and other projects in the respective districts.

(Ord. 506 § 1, 1991)