Monterey County Municipal Code Ch. 10.80 Fire Mitigation Fees

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

(Ord. 3602, 1992)

The purpose of this Chapter is to make provision for assessing and collecting fees at the time of issuance of a building permit to finance the actual or estimated costs of fire protection facilities and equipment necessitated by new development.

The purpose of this fee is to finance future fire protection facilities and fire capital expenditures required because of new development within the District.

(Ord. 3602, 1992)

The Board of Supervisors of the County of Monterey finds and declares as follows:

A. Adequate fire protection facilities must be available to serve new development.

B. Public and private development requires the construction or expansion of fire protection facilities and the acquisition of equipment.

C. In many areas of the County, the funds for expansion or construction of fire facilities and purchase of equipment necessitated by new development are not available when the development occurs, resulting in the potential for inadequate fire protection for the new development and the community.

D. The above conditions place the residents of the development and the community in a condition perilous to their health and safety.

E. The impacts of development on the existing fire protection facilities and equipment cannot be alleviated in a reasonable period of time without County involvement.

F. The Monterey County General Plan policies commit the County to aid in the construction of fire suppression facilities.

G. For the above reasons, new methods for financing fire protection facilities and equipment necessitated by development are needed in Monterey County.

H. On March 20, 2007, the Board of Directors of the Salinas Rural Fire Protection District approved an updated Fire Capital Facilities and Equipment Mitigation and Analysis and Financing Plan. The Plan analyzed the cost to the Salinas Rural Fire Protection District of providing fire services to new development and calculated the appropriate development fees needed to provide capital facilities, apparatus and equipment to provide fire services for new development at the District's standard level of service. The Plan determined that as of 2007, the following fire mitigation fees for new construction were needed in order to maintain the standard level of fire service in the geographical area served by the Salinas Rural Fire Protection District:

1. Residential and Light/Low Hazard Structures: forty-five cents ($0.45) per square foot of floor area;

2. Commercial/Industrial Moderate Hazard Structures: ninety cents ($0.90) per square foot of floor area;

3. Commercial/Industrial High or Severe Hazard Structures: one dollar and thirty-five cents ($1.35) per square foot of floor area.

Without fire mitigation fees specifically applicable to new construction in the area served by the Salinas Rural Fire Protection District, the fire mitigation fees that would otherwise be calculated under Chapter 10.80 would not reflect the actual cost of the capital facilities, apparatus and equipment needed to provide fire services for new development at the Salinas Rural Fire District's standard level of service. Therefore, in order to mitigate the impact of new development on fire services, it is necessary and appropriate to set fees specifically applicable to new development within the Salinas Rural Fire Protection District boundaries.

(Ord. 5087 § 1, 2007; Ord. 3602, 1992)

Whenever the following words are used in this Chapter, they shall have the meaning ascribed to them in this Section:

A. "Board" means the Monterey County Board of Supervisors.

B. "Building" means any structure and shall include addition of floor space to existing improvements.

C. "Clerk" means the Clerk of the Board of Supervisors of the County of Monterey.

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

E. "Director" means the Director of the Department of Building Services of the County of Monterey.

F. "Fire District" and "District" means any special district providing fire protection services within the unincorporated area of the County. "Fire District" also includes the County when providing fire protection services through a County Service Area.

G. "Facilities and equipment" means any long-term capital facilities and equipment used by a Fire District for fire protection or emergency medical services including station construction, station expansion, fire or emergency medical apparatus, and water facilities for providing fire protection.

H. "Fire Capital Facilities and Equipment Plan" means a plan adopted by the District at a noticed public hearing.

I. "Greenhouse, standard type", means a building of mainly glass or similar non-combustible materials, in which the temperature and humidity can be regulated for the cultivation of plants.

J. "Greenhouse, cold-frame type", means a Quonset-hut style, non-code structure that is covered with poly or shade cloth, is less than fifteen (15) feet in height and is used only for the cultivation of plants. A greenhouse not meeting this standard shall be treated as a standard type greenhouse.

K. "New development" means the construction of residential, commercial, and industrial projects within the definition of "building" in the Uniform Building Code as adopted and amended by the Board of Supervisors. "New development" as used in this Chapter shall include mobile homes and manufactured homes installed on-site, either with or without a permanent foundation. "New development" includes the building of every residential, commercial or industrial structure because every new structure contributes to the cumulative impact upon the burden of providing fire protection.

(Ord. 3931, 1997)

(Ord. No. 5135, § 5, 7-7-2009)

Any agreement existing prior to the operative date of this Chapter between an applicant for development and a Fire District pertaining to the dedication of land or payment of fees for fire facilities and equipment to serve the property which is the subject of the application, or any portion thereof, shall satisfy the requirements of this Chapter.

(Ord. 3602, 1992)

If land, facilities or equipment have been dedicated or donated to the Fire District as a condition of approval of a discretionary permit, such dedication or donation shall be considered as satisfying the requirements of this Chapter.

(Ord. 3602, 1992)

A. The requirements of this Chapter shall not apply to 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 unless otherwise excepted. The replacement dwelling shall not exceed the original dwelling by more than ten (10) percent in size.

B. The Director, with the concurrence of the District, may waive a portion or all of any fee established pursuant to this Chapter if the Director finds, on the basis of clear and convincing evidence, that the new development will not significantly add to the need for additional fire protection facilities.

C. In calculating the square footage of replacement structures for computing the applicable fire mitigation fee, a District, with the concurrence of the Director, may credit any fire mitigation paid on the structure to be removed toward all or a portion of the fee applied to the replacement structure provided:

1. The structure to be removed is from the same building footprint or lot as the replacement structure;

2. The structure to be removed has been legally occupied in accordance with the Uniform Building Code; and

3. Application for the credit is initiated prior to issuance of the building permit for the replacement structure.

(Ord. 3931, 1997; Ord. 3602, 1992)

A. Each District which requests a fire mitigation fee shall establish that there is a need in the District for fire capital facilities based on new development and its cumulative effect, which have not been constructed or purchased and to which new development has not contributed its fair share. Furthermore, said facilities must have been called for in, or are consistent with, the District's Capital Facilities and Equipment Plan. The need shall be established by a study.

B. The cost estimates set forth in a study by each District shall show that they are reasonable cost estimates for constructing or replacing these facilities, and the fee expected to be generated by new development will not exceed the total of these costs.

C. The fire mitigation fees collected pursuant to this Chapter shall be used to finance only the public facilities described or identified in a Fire Capital Facilities and Equipment plan prepared in any District which wishes to have the County impose a fire mitigation fee on new development within its District boundaries.

D. The fee required pursuant to this Chapter may be waived by the Director of Building Services upon certification by the local fire chief that the fire capital facilities and equipment needs required by the new development are met through alternative financial arrangements.

(Ord. 3602, 1992)

(Ord. No. 5135, § 6, 7-7-2009)

This Chapter shall become applicable to development within the boundaries of a Fire District when the following event occur:

A. A study and analysis shall be prepared by each Fire District as a fire capital facilities mitigation analysis.

B. Each District which requests that the Board adopt a fire mitigation fee shall hold a public hearing. After considering testimony, the District may approve the study and find that the new development in the Fire District will generate additional fire service need and will contribute to the degradation of fire services in the District. The District shall present to the Board facts and evidence which establish a reasonable relationship between the need for the described public facilities and the impacts of new development, and that there is a reasonable relationship between the use of the fee and the type of development for which the fee is charged.

C. The governing body of a Fire District shall adopt a resolution making the following findings:

1. The District does not have existing adequate fire protection facilities and equipment which could be used to provide an appropriate level of service to new development within the District's boundaries, as documented in a Capital Facilities and Equipment Plan.

2. The District does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, or any other appropriate sources.

3. The lack of fire protection facilities and equipment to serve new development would create a situation perilous to the public health and safety.

4. Other development fees charged by the District do not include a payment toward the costs of the capital facility and equipment expansion necessary as a result of new construction as a component of the fee, therefore, the fire mitigation fee is necessary.

(Ord. 3602, 1992)

A. It is intended that this fire mitigation fee will not be the sole source of funding for all District capital facilities needs. The fire mitigation fee will be used to augment alternative funding mechanisms to satisfy the requirements of capital facilities and equipment needs of the local fire agencies.

B. A fee ceiling of forty-five cents ($0.45) per square foot is hereby established except as otherwise provided herein. It has been determined by dividing the average cost of construction of a fully equipped fire station within the County of Monterey by the average square footage of structures served by the fire station. For those types of buildings that do not require a high level of fire protection services, lower ceilings have been determined based upon smaller proportions of the cost of constructing and equipping a fire station.

C. The fire mitigation fee amount requested by the District shall be equal to or less than the current fee ceiling amount set by this Chapter.

D. The current fee ceiling is fifty-three cents ($0.53) per square foot of floor area for buildings which are non-fire rated. For buildings constructed of heavy timber, fire resistive and one-hour type construction, as defined in the Uniform Building Code, or constructed with a life safety fire sprinkler system in accordance with National Fire Protection Association Standard 13D, 13R, or a successor standard, the ceiling fee is thirty-five cents ($0.35) per square foot of floor area. For buildings constructed with a fire sprinkler system in accordance with National Fire Protection Association Standard 13, 231, 231C, 231D, 231F, or a successor standard, the ceiling fee is eighteen cents ($0.18) per square foot of floor area.

The ceiling fee for agriculture buildings, as defined in the Uniform Building Code, is thirty-five cents ($0.35) per square foot of floor area, except poultry houses and rabbitries, which is eighteen cents ($0.18) per square foot and standard type greenhouses, which is five cents ($0.05) per square foot. Cold-frame type greenhouses are not subject to a fire mitigation fee; however, the use of cold-frame type greenhouses for storage of equipment or materials, whether or not related to agricultural use of the greenhouse, will subject the structure to a fire mitigation fee applicable to the actual use of the structure.

E. Notwithstanding the fee ceilings otherwise established by this Section, the fire mitigation fees applicable to new development in the unincorporated area of the County within the boundaries of the Salinas Rural Fire Protection District shall instead be as follows:

1. Residential and Light/Low Hazard Structures: forty-five cents ($0.45) per square foot of floor area;

2. Commercial/Industrial Moderate Hazard Structures: ninety cents ($0.90) per square foot of floor area;

3. Commercial/Industrial High or Severe Hazard Structures: one dollar and thirty-five cents ($1.35) per square foot of floor area.

These fees may be adjusted as set forth in Subsection F of this Section.

F. The current fee ceilings established in Section 10.80.100 have been based in part on the costs necessary to construct and equip fire stations. The fee ceiling may be increased or decreased 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 McGraw-Hill Publishing company, or a successor thereof. The index for the first week in January shall be used for the adjustment. The ceiling fee to be levied each year will be rounded to the nearest penny. For purposes of computing each subsequent year's adjustment, the prior year's factor, prior to the rounding off, shall be utilized. Any such adjustment shall be determined by resolution of the Board of Supervisors. The ceiling adjustment shall be effective on July 1st of each year.

(Ord. 5087 § 2, 2007; Ord. 3931, 1997; Ord. 3602, 1992)

A. The District shall submit the request for Board adoption of a fire mitigation fee to the Director. The request shall be comprised of a certified copy of the District's resolution, and its Capital Facilities and Equipment Plan and such other information as the Director may deem appropriate for processing the request.

B. The Director shall review the request and determine within thirty (30) days whether it is complete. Before the end of the review period, the Director shall inform the District that the request is complete or shall request any additional material necessary. When the request is complete, the Director shall set a public hearing before the Board of Supervisors within thirty (30) days to consider the District's request and the adoption of a resolution establishing a fire mitigation fee for the unincorporated area of the County within the service area of the District.

C. The Board may approve or disapprove the request at a noticed public hearing. Notice of the public hearing shall be given at least ten (10) days prior to the hearing to all interested organization, agencies, and individuals who previously requested such notice and also shall be given by at least one of the following procedures:

1. Publication at least one time by the Board in a newspaper of general circulation in the area affected by the fee request, or

2. By posing by the Board in the area where the fee increase is proposed.

D. Upon approval, a copy of the Board resolution shall immediately be transmitted to the Director and the Clerk. Within thirty (30) days of Board resolution, the provisions of this Chapter shall be applicable to all building permits issued for new construction.

E. In approving a resolution establishing fire mitigation fees for any District, the Board shall review all applicable evidence relating to the District's request and shall concur in and ratify the findings of the District.

F. The resolution shall become effective upon the District entering into an agreement with the County, approved as to form by the County Counsel, which obligates the District to comply with the provisions of this Chapter and which holds the County harmless for any action of the County or the Board in the establishment, collection, or transmittal of any fees to the District.

(Ord. 3602, 1992)

A. Prior to the issuance of any building permit, the applicant for such building permit shall pay to the Director the fees prescribed by Fire District resolution, or shall present written evidence that the provisions of this Chapter have otherwise been satisfied with respect to the development for which permits are sought and that the District concurs with this determination that the requirement has been satisfied.

B. The amount of such fees shall be determined by the fee resolution in effect on the date the applicant applies, and pays fees, for an unexpired plan check.

C. In the event the subsequent development occurs with respect to property 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. 3602, 1992)

Fees paid under this Chapter shall be held in trust by the County. Such fees shall be transferred at least quarterly to the Fire District serving the area from which the fees were collected. The County shall retain any interest accrued during this period as partial reimbursement for its service and handling costs.

(Ord. 3602, 1992)

All fees collected pursuant to this Chapter and transferred to a Fire District, shall be used by the District for the purpose of providing for capital facilities and equipment necessary to provide service to new development in unincorporated areas of the County within the service area of the District. The County shall retain ten (10) percent of the fees collected.

(Ord. 3602, 1992)

A. Fee collection as to any Fire District shall terminate as follows:

1. If by March 31st of any year following the year of original adoption of a resolution pursuant to Section 10.80.080, the Fire District has not submitted a copy of a new resolution pursuant to Section 10.80.080D, fee collection shall terminate July 1st.

2. If, at any time, the governing body of a Fire Department submits a copy of a resolution to the Director requesting termination of fee collection, fee collection shall terminate thirty (30) days from the date of receipt by the Director.

(Ord. 3602, 1992)

A. The District shall place all funds received by the County under this program, and all interest subsequently accrued by the District on these funds, in a separate budget accounting category to be known as the "Monterey County Fire Mitigation Fee."

B. The District shall expend funds from said "Monterey County Fire Mitigation Fee" budget accounting category only for those purposes of providing capital facilities and equipment to serve new development as identified in the Capital Facilities Plan.

C. District shall maintain an accounting record.

D. The District shall submit a report no later than October 31st of each year to the Director. Said 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 fund. The report shall specify how funds have been spent or committed in the District's budget. In addition, the report shall specify the actions the District plans to take to alleviate the facility and equipment needs caused by new development in a Capital Facilities and Equipment Plan. The District shall make available upon request by the Director a copy of its annual audit report.

E. The District shall make its records available to the public on request which justify the basis for the fee amount.

F. The District shall make findings with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The District shall refund to the then current record owner or owners of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated. Fees expended by the District in good faith in accordance with the Capital Facilities Plan are non-refundable if the project does not proceed to completion. However, if the project later proceeds, the fee paid shall apply pro-rata to the new development.

G. By March 31st of each year following the year of original adoption of a resolution pursuant to this Section, the District shall submit a copy of a new resolution adopted by the governing body of the District at a noticed public hearing making the required findings and setting the percentage of the fire mitigation fee ceiling requested by the District. This percentage may be revised in the resolution up to the ceiling amount. This revision shall be effective the following July 1st.

(Ord. 3602, 1992)

Any resolution of the Board adopted pursuant to the provisions of this Chapter for the purpose of establishing, collecting, and disbursing fire mitigation fees shall be deemed a fee of the County established pursuant to the police power and statutory authority of this County. Any actions or activities of any District undertaken in the furtherance of this Chapter shall be deemed a ministerial and/or advisory action delegated to the District by the County.

(Ord. 3602, 1992)