Chapter 15.30 — FIRE MITIGATION FEES

This chapter shall be known and may be cited as the "Fire Mitigation Fee Ordinance."

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

The purpose of this chapter is to carry out Mono County policies requiring new development within the unincorporated areas of the county to bear its fair share of the costs of facilities and equipment necessitated by such development.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

When the following words are used in this chapter, they shall have the meaning ascribed to them in this section.

A.

"Apartment" means a room or suite of two or more rooms which is designated for, intended for, or occupied by one family, with facilities for cooking therein, such residential unit being one of two or more units in the same building or on the same lot or plot.

B.

"Chief" means the chief of a fire agency serving an unincorporated area of the county.

C.

"County" means the county of Mono.

D.

"Covered space" means floor space enclosed by walls and a ceiling or roof.

E.

"Development" means all construction for which a building permit or other permit is required.

F.

"Director" means the director of public works of the county of Mono.

G.

"District service area" means: (1) the geographic area served by a fire agency within the boundaries of such fire agency, and (2) the geographic area served by such fire agency by agreement with owners of private property located outside of the boundaries of such fire agency.

H.

"Facilities and equipment" means any long-term capital facilities and equipment used by agencies for fire suppression or emergency medical services, including station construction, station expansion and fire or emergency medical apparatus.

I.

"Fire agency" and "agency" means any special district providing fire protection services within the unincorporated area of the county. The terms also mean the county when it provides fire protection services through a county service area.

J.

"Low-rise building" means a building or structure, no part of which exceeds three stories in height or exceeds thirty-five feet in height (fifty feet for a residential condominium or apartment building) from: (i) any fire agency access as defined by ordinances of an agency, or (ii) the average finished grade of such building or structure if it does not have such access.

K.

"High-rise building" means a building or structure any part of which exceeds the height described in subsection J of this section.

L.

"Single-family dwelling" means a structure designed and permitted exclusively for the residential occupancy of one family, and not as a part of an apartment or a condominium complex.

M.

Except as stated in subsections A through L of this section, the definitions of words used in this chapter shall be as defined in any relevant ordinances, or otherwise as defined in the Mono County Zoning Code.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

In enacting this chapter, the board of supervisors finds and declares:

A.

Fire agencies provide fire protection services for the purpose of protecting the health and safety of persons and property within their district service areas.

B.

The construction and occupancy of additional residential, commercial and other structures within their district service areas adversely impacts the ability of fire agencies to provide fire protection services and increases fire hazards to persons and property.

C.

In order to protect the health and safety of the occupants of new or reconstructed structures within their district service areas, it is necessary for fire agencies to acquire additional land, facilities and equipment to serve such new development.

D.

It is county policy, by and through the land use element of its general plan and the provisions of this chapter, to assure that necessary additional land and fire protection facilities and equipment required by new development projects are either available or will be made available as a condition of approval of such projects, and that the costs of providing such additional land, facilities and equipment are collected on an equitable basis from the beneficiaries thereof.

E.

The failure to assure that such additional land, facilities and equipment are available may endanger the health and safety of persons affected by new development projects.

F.

The costs of operating fire agencies, including escalating liability and workers' compensation costs, make it extremely difficult or impossible for the agencies to provide, from existing funding sources, the land, facilities and equipment necessary to provide adequate fire protection associated with new development.

G.

The funds collected pursuant to this chapter shall be used only for the financing of the acquisition of land, and fire protection facilities, equipment and accessories. Funds so collected and not used for such purposes shall be refunded or otherwise utilized pursuant to Government Code Sections 66001(g) and (f).

H.

For the foregoing reasons, fire mitigation fees may be imposed on new development in order to pay the incremental costs for land and fire protection facilities and equipment necessitated by such development.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

Any enforceable agreement existing prior to the operative date of the ordinance codified in this chapter between an applicant for development and a fire agency pertaining to the dedication of land or payment of fees for facilities and equipment to serve the property which is the subject of the application, or any portion thereof, satisfies the requirements of this chapter.

B.

If land, facilities or equipment was dedicated or donated to a fire agency as a condition of approval of a discretionary permit prior to the operative date of this chapter, such dedication or donation shall be considered as satisfying the requirements of this chapter for such discretionary permit.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

This chapter shall become applicable to development within the district service area of a fire agency when the following actions are taken:

A.

The governing body of a fire agency adopts a resolution making substantially the following findings:

The agency does not have existing fire protection facilities and equipment which could be used to provide an adequate level of services to all reasonably anticipated new development within the agency's district service area,

The agency does not have sufficient funds available to acquire land, construct additional facilities, purchase additional equipment from fund balances, capital facility funds, property tax sources, or other appropriate sources,

The lack of fire protection facilities and equipment to serve new development would create a situation perilous to the public health and safety if fire mitigation fees are not collected within the agency's district service area,

The fees, if any, charged by the fire protection agency do not include a payment toward the costs of facilities and equipment expansion as a component of the fee;

B.

The resolution so adopted contains substantially the following resolved clauses:

The agency requests that the county collect a specified fire mitigation fee on the agency's behalf from applicants for building permits or other permits for development in its district service area,

The purpose of collecting fire mitigation fees is to expand the availability of facilities and equipment to provide fire protection services to new development in its district service area,

By prior resolution the agency has determined that there is a reasonable relationship between the fee's use and the development projects on which it is to be imposed,

If fire mitigation fees are to be used in whole or part to construct a public facility, the agency has determined by prior resolution that there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed,

The agency will place all funds received from the county under this program, and all interest subsequently accrued on those funds, in a separate account and budget accounting category to be known as the "fire mitigation fee account."

The agency will expend funds from the account only for the purpose of acquiring land, facilities and equipment to mitigate the impacts of new development on the agency's fire protection capabilities,

The agency will submit a fire mitigation fee annual report for each fiscal year, no later than October 31st following the close of the fiscal year, to the director. The report shall include the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance in the account;

C.

The governing body of the fire agency shall send a certified copy of the resolution to the clerk of the Mono County board of supervisors. The clerk shall transmit a copy of the resolution to the director. Within thirty days from the date of receipt of the resolution by the clerk, the provisions of this chapter shall be applicable to all building permits and other permits issued for new construction within the district service area of the fire agency.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

The fire mitigation fee amount requested by the agency shall be equal to or less than the ceiling amounts set by this chapter. The ceiling amounts are as follows:

Seventy-five cents per square foot for all covered space in the first three floors of all buildings or structures.

Two dollars and twenty-five cents per square foot for all covered space above the third floor of all buildings or structures.

B.

The fire mitigation fee established by the agency shall be based upon the estimated costs for the acquisition of necessary land, facilities and equipment to provide fire protection services to mitigate the impact of new development on existing facilities. The resolution of the agency governing board which sets the fee schedule shall contain findings which justify the fee amounts.

C.

As an alternative to the fee-setting procedure set forth above in subdivisions A and B of this section, the board of supervisors may and does hereby reserve the right to directly set the fee amounts applicable to property within the territorial boundaries of any fire protection district or other defined territory within the county's unincorporated area. Unless otherwise provided by state law, said fee amounts may be set by resolution or ordinance of the board. Said fees shall not be limited by the ceiling amounts specified by subdivision A, nor be required to be set by square footage or any other methodology prescribed by this chapter; rather, they need be consistent only with applicable state law. The board likewise reserves the right to impose lawful fire mitigation measures through conditions of approval as an alternative to the fees set forth by this chapter. In the event of a conflict between an action of the board and an action by a fire protection district related to fire mitigation fees set under this chapter, the board action's shall prevail.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

The ceiling amounts set forth in Section 15.30.020 may be increased or decreased from time to time but not more than once each year, by resolution of the board of supervisors, in proportion to the increase or decrease in the costs of construction as determined by the Engineering News Record, Cost of Construction Index published by the McGraw-Hill Publishing Company, or a similar index accepted by the board by resolution in the event the foregoing index is not available.

B.

The amount of the fire mitigation fee established by a fire agency may be increased no more than once each year by use of the foregoing index or resolution.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

Prior to the issuance of any building permit or other permit for development, the applicant shall pay to the director the fees prescribed by the relevant fire agency's resolution, or shall present written evidence that the provisions of this chapter have otherwise been satisfied with respect to the development for which any such permits are sought.

B.

The amount of such fees shall be determined by the fee standard in effect on the date of the payment.

C.

When application is made for a new building permit for the same construction following the expiration of a previously issued building permit for which fire mitigation fees were paid, the fee payment shall not be required.

D.

In the event subsequent development occurs with respect to a permit for which fees have been paid, additional fees shall be required only for additional square footage of development which was not included in computing the prior fee.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

Fees paid under this chapter shall be held in trust by the county. Such fees shall be transferred quarterly to the fire agency serving the area from which the fees were collected. The county shall retain any interest accrued during the period before transfer as reimbursement for its service and handling costs.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

All fees collected pursuant to this chapter and transferred to a fire agency shall be used by the agency for the purpose of providing for land, facilities and equipment.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

Any fire agency receiving funds pursuant to this chapter shall maintain a separate budget accounting category for any such fees. The category shall be known as the "fire mitigation fee" account.

B.

The report described in Section 15.30.010(B)(7) of this chapter shall be submitted by the fire agency.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

If the governing body of a fire agency submits a copy of a resolution to the clerk of the board of supervisors requesting termination of fee collection, the clerk shall promptly notify the director and fee collection shall terminate thirty days after receipt of the resolution by the clerk.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

The director shall exempt building permits for certain types of development from the requirements of this chapter if he determines that the development does not significantly add to the need for additional fire protection facilities. The director shall establish a list of those building permit types which are exempt from the requirements of this chapter. The list shall include but not be limited to, building permits for pools and fences.

B.

The requirements of this chapter shall not apply to public works projects.

C.

The requirements of this chapter shall not apply to the replacement on the same parcel by the owner of a dwelling or dwellings destroyed by fire or other calamity, provided that the application for a building permit to replace such dwelling is filed with the director within one year after destruction of the dwelling, and the new structure is equal to or of less square footage than the structure destroyed. Regardless of when application is made for a building permit for a replacement structure, the fire mitigation fee shall be computed only on the basis of the square footage in excess of that of the destroyed structure.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

Upon written and verified application by all owners of the subject real property, approved by resolution of the governing body of the fire agency, "in-lieu" payment may be credited against the fee required to be paid pursuant to this chapter. "In-lieu" payment may include improved or unimproved real property, improvements to real property, fire protection equipment, motor vehicles, office equipment, fire station accessory equipment, or any combination thereof. The amount of the credit shall not exceed the fair market value of the "in-lieu" property at the time of the adoption of the resolution.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

If, at any time after the effective date of the ordinance codified in this chapter, work is commenced on construction or continues to be performed on construction of any project subject to this ordinance without previous full payment of the fire mitigation fee required to be made pursuant to this chapter, the fire mitigation fee payable pursuant to this chapter shall be doubled.

B.

The chief or assistant chief is hereby authorized to issue such orders as may be necessary for the enforcement of the provisions of this chapter and to affix a tag or notice to any building or structure, construction of which has been commenced or continues in progress in violation of any of the provisions of this chapter. When affixed, such tag or notice may be removed only by the written order of the chief or assistant chief and may be removed only after the violation has been remedied. Until so remedied and said removal order issued, all construction on such project shall cease.

C.

Any order or notice authorized or required by this chapter shall be given or served upon the owner, occupant, or other applicant for building permit for the project involved, or any person performing any work of improvement or construction of a building or other structure which is subject to the provisions of this chapter by verbal notification or personal service, or, if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on said premises and mailing a copy thereof to such person by registered or certified mail to his last known address. Orders or notices which are given verbally shall be confirmed by service in writing as herein provided.

D.

Any construction carried out in violation of the requirements of this chapter is a misdemeanor punishable by up to six months in the county jail and a fine of one thousand dollars.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)