Monrovia Municipal Code Ch. 3.21 Fire Service Impact Fee

(A) This chapter shall be known and may be cited as the “Fire Service Impact Fee Ordinance.”

(B) The City Council has the authority to adopt this chapter pursuant to Cal. Gov't Code §§ 66000 et seq.

(C) There is hereby established a revenue source to be known as the Fire Service Impact Fee.

(D) This chapter is intended to require developers and builders to contribute their proportionate share of revenues necessary to accommodate the impacts having a rational nexus to the proposed building, development or addition, and for which the need is reasonably attributable to the proposed building, development or addition.

(E) This chapter shall be applied only to new construction, including additions, new buildings, demolitions and re-build (except as exempted) within the city.

(`83 Code, § 3.21.010) (Ord. 01-012 § 1, 2001)

(A) There is reasonable relationship between the new commercial, industrial and residential development to which this fee applies and service fee established and imposed by this chapter because it recovers only the cost of meeting new and additional service and facilities demands generated by the developments on which the fee is imposed.

(B) The purpose of the fee shall be to help fund the new capital and equipment needs of the Fire Department in order to meet service and facilities demands generated by the development projects in the city on which the fee is imposed.

(C) A strategic plan and capital improvement and equipment plan have been completed and updated as of July 1, 2015 which identify the needs to be generated by new development for at least the next five years. Said documents are on file in the Fire Department and incorporated into the legislative history of this chapter by this reference.

(D) (1) New construction will increase demands for increased emergency response activity including fires, medical emergencies and other public service demands because of additional building area or increased occupant loading. Industrial buildings contain a higher than average amount of combustible fire loading, flammable liquids and hazardous materials which increases the fire hazard and risk. The new risks and demands for service create additional demand for Fire Department capital improvements and expenditures.

(2) New buildings and additions in the hillside areas increase the risk of structure fires because of the exposure to brush vegetation, and also increase the risk of vegetation fires because of the added persons and building area in the very high fire hazard severity zone. Very large homes increase the service demand because of the added area that requires fire protection of contents and the building. New construction not protected by automatic fire sprinklers increases the risk of fire occurring and growing to a size that can overtax the Fire Department services. The impact fee will provide for new equipment, facilities and apparatus in order to meet the service demands created by new development.

(E) The fee amount shall be based upon an analysis of the cost of meeting facilities and equipment-related service demands reasonably expected to be generated by the new developments to which it applies.

(`83 Code, § 3.21.020) (Ord. 01-012 § 1, 2001; Ord. 2015-04 § 1, 2015)

For the purposes of this chapter, the following definitions shall apply:

AFFORDABLE HOUSING. Housing affordable to persons and household of moderate income, low income, very low income, as those terms are defined in the California Community Redevelopment Law, Cal. Health and Safety Code §§ 33000 et seq.

BUILDER. Any developer, contractor, or owner-builder who applies for and makes payment for a building permit for new construction.

NEW CONSTRUCTION. Any new building, additions to existing buildings, and any demolition and re-build (except as exempted).

(`83 Code, § 3.21.030) (Ord. 01-012 § 1, 2001)

(A) The amount of the Fire Service Impact Fee shall be established from time to time by resolution approved by the City Council consistent with the procedural requirements of Government Code § 66000, et seq. The Fire Department shall be responsible for the calculation of the fees required by this chapter. The calculation shall be made at the time of plan review.

(B) The Building Division shall be responsible for collection of the fees required by this chapter from the calculations made by the Fire Department.

(C) Any applicant for a permit to which the fees imposed by this chapter applies shall pay the fees due at the time of final inspection or the issuance of a certificate of occupancy, whichever occurs first.

(D) The Fire Service Impact Fee shall apply to all new construction except as exempted by this chapter.

(E) If a development or new construction will be constructed in phases and separate building permits will be issued for each phase, fees imposed pursuant to this chapter may be made separately for each phase of the project so that the amount of the fees due shall be limited only to the actual construction in each phase.

(`83 Code, § 3.21.040) (Ord. 01-012 § 1, 2001; Ord. 2015-04 § 2, 2015)

The following new construction shall be exempt from the fees established by this chapter and service demand from such projects will be satisfied from other, available city resources:

(A) City facilities projects.

(B) Monrovia Unified School District facilities projects.

(C) Demolition and re-build of buildings damaged by fire, earthquake and natural disasters. The area of the re-build must be the same size as the original building area or smaller.

(D) New construction that is entirely within the boundaries of a Community Facilities District or similar mechanism to fund ongoing city services, established by the city and fully approved under applicable law by the property owner.

(`83 Code, § 3.21.050) (Ord. 01-012 § 1, 2001; Ord. 2017-03 § 1, 2017)

(A) Any person subject to the fees imposed by this chapter may apply in writing to the Development Review Committee for a reduction or adjustment to that fee, or a waiver of that fee, upon a showing that (1) the city has incorrectly calculated the fee owing, or (2) the law otherwise requires the relief sought. The application shall be made in writing and filed with the City Clerk not later than: (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, ten days after the city informs the applicant of the amount of the fee applicable to the project. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment.

(B) The Development Review Committee shall consider the application at the public hearing on the permit application or at a separate hearing held within 30 days after the filing of the fee adjustment application, whichever is earlier. The decision of the Development Review Committee may be appealed to the City Council in the manner provided in §§ 2.56.050 and 17.52.310 of this code. The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(`83 Code, § 3.21.060) (Ord. 01-012 § 1, 2001; Ord. 2015-04 § 3, 2015)

The city shall expend revenue collected pursuant to this chapter only for the purposes, and within the time, permitted by this chapter and Government Code §§ 66000, et seq. Revenue collected shall be separately accounted for and held pursuant to the requirements of Government Code § 66006.

(Ord. 2015-04 § 4, 2015)