Mendocino County Municipal Code Ch. 5.36 Fire Protection Mitigation Fee

The Ordinance codified in this Chapter shall be known and may be cited as the "Fire Protection Mitigation Fee Ordinance."

(Ord. No. 4175 (part), adopted 2006.)

The purpose of this Chapter is to establish and implement a procedure for the adoption of fire protection mitigation fees and to ensure the assessment and collection of these fees in connection with the issuance of building permits. The fire mitigation fees are to be allocated to the affected fire district for the acquisition of capital facilities and equipment in order to ensure the provision of the capital facilities and equipment necessary to maintain current levels of fire protection services that are required as the result of new development projects.

(Ord. No. 4175 (part), adopted 2006.)

The Board of Supervisors finds and declares as follows:

(A) Adequate fire protection facilities and equipment must be available to serve new development projects.

(B) New development projects require the construction or expansion of fire protection facilities and the acquisition of additional equipment.

(C) In certain areas of the County, property taxes and fire protection assessments currently collected by the districts providing fire protection services are insufficient to provide funds for expansion or construction of fire facilities and purchase of equipment required by new development projects, resulting in the potential for inadequate fire protection coverage for the new development projects and the additional population.

(D) The above conditions place Mendocino County's population in a condition where there is risk to its health and safety.

(E) The impacts of new development on the existing fire protection facilities cannot be mitigated without County involvement.

(F) For the above reasons, new methods for financing fire protection facilities and equipment required as a result of new development projects are needed in Mendocino County.

(Ord. No. 4175 (part), adopted 2006.)

As used in this Chapter, the following definitions shall apply:

(A) "Board" means the Board of Supervisors of Mendocino County.

(B) "Clerk of the Board" means the Clerk of the Board of Supervisors of Mendocino County.

(C) "Development project" means any construction for which a building permit or other permit is needed from the County.

(D) "Fire district" means any fire protection agency or district, or any other kind of special district, established in accordance with State law and authorized to provide fire protection services within the unincorporated area of Mendocino County.

(Ord. No. 4175 (part), adopted 2006.)

This Chapter shall be applicable to development within the boundaries of a fire district within the unincorporated area of the County when all of the following events occur:

(A) The governing body of a fire district adopts a resolution making all of the following findings:

(1) The fire district does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new development projects within the district's boundaries;

(2) The fire district does not have sufficient funds available to construct additional facilities and purchase equipment from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other available sources; and

(3) The lack of additional fire protection facilities and equipment to serve new development projects would create a situation that is dangerous to the public health and safety if fire mitigation fees are not levied within the fire district.

(B) The fire district further resolves as follows:

(1) The fire district requests that the County impose a specified fire mitigation fee on the fire district's behalf on applicants for development projects;

(2) Fire mitigation fees imposed under this Chapter shall only be used to expand the availability of capital facilities and equipment to provide fire services to new development projects;

(3) The fire district shall place all funds collected under this Chapter and all interest subsequently accruing on these funds in a separate budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects;

(4) The fire district shall spend funds from the "district fire mitigation fee" budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects;

(5) The fire district shall submit a fire mitigation fee annual report no later than October 31st of each year to the Clerk of the Board of Supervisors. The report shall include, but not be limited to, the balance in the account at the end of the prior fiscal year, the mitigation fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the fire district plans to take to mitigate the facility and equipment needs caused by the new development projects in a capital fire facilities and equipment plan adopted at a noticed public hearing. The fire district shall make available, upon request by the Clerk of the Board, a copy of the annual audited report;

(6) The fire district shall make its records that justify the basis for the mitigation fee amount available to the public upon request;

(7) The fire district shall agree to indemnify and defend the County and its officers, agents, and employees from any claim, action, or proceeding that arises from or is in any way related to the mitigation fees; and

(8) For the fifth fiscal year following the first deposit into the fire district's fire district mitigation fee account and every five (5) years thereafter, the fire district shall make all of the following findings with respect to any cash portion of the mitigation fees remaining unexpended or uncommitted in the account:

(a) Identify the purpose to which the fee is to be put,

(b) Demonstrate a reasonable relationship between the fee and the purpose for which it was charged,

(c) Identify all sources and amounts of funding anticipated to complete financing all incomplete improvements, and

(d) Designate the approximate dates on which complete funding is expected to be deposited into the account.

If the findings in subsections (B)(8)(a) through (d) of this Section are not made, the fire district shall refund, on a prorated basis, to the current record owner or owners of the development projects for which the fees were paid the unexpended or uncommitted portion of the fees and any interest accrued for which a need cannot be demonstrated.

(C) The governing body of the fire district shall adopt a capital fire facility and equipment plan in compliance with Government Code Section 66002 at a noticed public hearing.

(D) The governing body of the fire district shall send a certified copy of the resolution and the capital fire facilities and equipment plan to the Clerk of the Board. The Clerk shall place the resolution and capital fire facilities and equipment plan on the Board's regular agenda for the Board's consideration and approval at a public hearing noticed in the manner required by Government Code Section 66002. At the close of the public hearing, the Board may approve the resolution and capital fire facilities and equipment plan if it finds that the documents meet the requirements of this Chapter and Government Code Sections 66000 et seq.

(E) The provisions of this Chapter shall apply to any development project within the boundaries of the fire district thirty (30) days after the Board's approval. Each fire district shall notify the County building official of the effective date of its mitigation fee. Any judicial action or other proceeding to challenge the legality of the Board's approval and adoption of mitigation fees must be commenced within one hundred twenty (120) days of the Board's action approving the mitigation fees.

(F) By March 31st of each year following the year of the original adoption of a resolution and approval by the Board of fire mitigation fees under this Chapter, the fire district shall submit a copy of a new resolution adopted by the district's governing body making the findings required by Section 5.36.040(A) of this Chapter and identifying the fire mitigation fees requested by the fire district. If the resolution proposes to increase the fire mitigation fees, the resolution shall only become effective if approved by the Board in the manner set forth in Section 5.36.040(D) of this Chapter. A revision of fire mitigation fees shall be effective the following July 1st.

(Ord. No. 4175 (part), adopted 2006.)

(A) Before the issuance of any building permit or other permit for a development project, the applicant shall pay to the fire district the fees prescribed by the fire district resolution as approved by the Board and shall present written evidence that the provisions of this Chapter have otherwise been satisfied with respect to the development project for which permits are sought. The district may, in its resolution adopting fire mitigation fees, designate those projects requiring a building permit, such as re-roofing, adding siding, installation of mechanical devices, or construction of an accessory building, that will not require payment of a fee.

(B) The amount of the fees shall be determined by the fire mitigation fee in effect on the date of the payment of fees for an unexpired plan check.

(C) When application is made for a new permit for a development project following the expiration of a previously issued permit for a development project for which fees were previously paid, no new fee payment shall be required.

(D) If a subsequent development project occurs with respect to property for which fees have already been paid, additional fees shall be required only for additional square footage which was not included in computing the prior fee.

(E) For the purpose of payment of fees to the County, the Board delegates to each fire district the responsibility to collect or accept payment of the fees for each respective fire district. The district may contract with the County to collect or accept payment of fees.

(Ord. No. 4175 (part), adopted 2006.)

Permits for the following types of development projects shall be exempt from the requirements of this Chapter:

(A) Marine construction, including piers, boat lifts, docks, pilings, and floating platforms;

(B) Buildings or other structures constructed for governmental uses;

(C) The replacement of a legally constructed dwelling or other building destroyed by fire or other calamity on the same parcel, provided that:

(1) The application for a building permit to replace the destroyed structure is filed with the County building official within one year after destruction of the dwelling or other building,

(2) There is no change in occupancy, and

(3) The living space is not increased by more than five hundred (500) square feet compared to the destroyed structure.

(Ord. No. 4175 (part), adopted 2006.)

(A) The County may include in an adopted fire mitigation fee a component that reflects the County's reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee.

(B) The applicable fire district may include in a proposed fire district mitigation fee a component that reflects the district's reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee, including the requirements imposed by this Chapter.

(Ord. No. 4175 (part), adopted 2006.)

With the exception of the administrative cost component described in Section 5.36.070, all fees collected under this Chapter, including any interest accrued, shall be used by the fire district for the purpose of providing for capital facilities and equipment.

(Ord. No. 4175 (part), adopted 2006.)

Any fire district that collects fees under this Chapter shall maintain a separate budget accounting category for any fees collected. This category shall be known as the "fire district mitigation fee" account. By October 31st of each year, each fire district receiving funds under this Chapter shall file a report with the Clerk of the Board on the balance in the account at the end of the prior fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance of the fund. In addition, the report shall specify the actions the fire district plans to take to mitigate the facility and equipment needs caused by new development projects.

(Ord. No. 4175 (part), adopted 2006.)

Fee collection as to any fire district shall terminate as follows:

(A) If by March 31st of any year following the year of the original adoption of a resolution under this Chapter, which was approved by the Board, the fire district has not submitted a copy of a new resolution under Section 5.36.040(F) of this Chapter, fee collection shall terminate on July 1st of that year.

(B) If, at any time, the governing body of a fire district submits a copy of a resolution requesting termination of fee collection, fee collection shall terminate thirty (30) days from the date of receipt by the Clerk.

(C) Each fire district shall notify the County Building Official of the effective date of its termination of fee collection.

(Ord. No. 4175 (part), adopted 2006.)