San Benito County Municipal Code Art. VIII Fire Mitigation Fees

This article shall be known and may be cited as the “Fire Mitigation Fee Ordinance”.

(1966 Code, § 15C-1) (Ord. 639, § 1(part))

Editor’s note:

Prior ordinance history: Ord. 504.

(A) The purpose of this article 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.

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

(1966 Code, § 15C-2) (Ord. 639, § 1(part))

The Board of Supervisors of the County of San Benito finds and declares as follows.

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

(B) Public and private developments require the construction or expansion of fire protection facilities and the acquisition of equipment.

(C) In many areas of the county, the funds for the expansion or construction of fire facilities and the 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 San Benito 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 San Benito County.

(1966 Code, § 15C-3) (Ord. 639, § 1(part))

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

BOARD. The San Benito County Board of Supervisors.

BUILDING. Any structure and shall include addition of floor space to existing improvements.

CLERK. The Clerk of the Board of Supervisors of the County of San Benito.

DEVELOPMENT. All construction for which a building permit is required.

DIRECTOR. The Director of the Department of Planning and Building Inspection of the County of San Benito.

FACILITIES and EQUIPMENT. 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.

FIRE CAPITAL FACILITIES AND EQUIPMENT PLAN. A plan adopted by the district at a noticed public hearing.

FIRE DISTRICT and DISTRICT. 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, or by other means.

NEW DEVELOPMENT. Construction of residential, commercial, industrial and other projects within the definition of “building” in the San Benito Code, Chapter 19.01, as adopted and amended by the Board of Supervisors. NEW DEVELOPMENT, as used in this article, shall include mobile homes and manufactured homes installed on site, either with or without a permanent foundation. NEW DEVELOPMENT includes the building of a single residential, commercial or industrial structure with the recognition that every single new structure contributes to the cumulative impact upon the burden of providing fire protection.

(1966 Code, § 15C-4) (Ord. 639, § 1(part))

Any agreement existing prior to the operative date of this article 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 article.

(1966 Code, § 15C-5) (Ord. 639, § 1(part))

If land, facilities or equipment have been dedicated or donated to the fire district as a required condition of approval of a discretionary permit, the dedication or donation shall be considered as satisfying the requirements of this article.

(1966 Code, § 15C-6) (Ord. 639, § 1(part))

(A) The requirements of this article shall not apply to dwellings or buildings destroyed by fire or other calamity or by voluntary destruction, provided that the application for a building permit to replace the 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 10% in size. To the extent the replacement dwelling or building exceeds 10% of the previous size, the requirements of this article shall apply to such excess.

(B) The requirements of this article shall also not apply to the following types of construction:

(1) Pools;

(2) Fences;

(3) Building or additions or alterations to buildings with a value of less than $5,000; or

(4) Buildings constructed for San Benito County governmental purposes.

(C) A district may provide for the waiver or partial exemption of the requirements of this article based upon a determination that the fire risk for a particular structure justifies the exemption or waiver. To create an exemption or waiver process, the district shall provide for the exemption or waiver and for the criteria to grant the same in the resolution specified in § 5.01.288.

(1966 Code, § 15C-7) (Ord. 639, § 1(part))

(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 facilities have not been constructed or purchased and to which new development has not contributed its fair share. Furthermore, the facilities must have been called for in, or are consistent with, the district’s capital facilities and equipment plan. The need for the facilities or equipment shall be established by an appropriate 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 fees expected to be generated by new development will not exceed the total of these costs.

(C) The fire mitigation fees collected pursuant to this article 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 a new development within its district boundaries.

(1966 Code, § 15C-8) (Ord. 639, § 1(part))

This article shall become applicable to development within the boundaries of a fire district when the following events occur.

(A) A study and analysis shall be prepared by the 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 a new development would create a situation perilous to the public health and safety; and

(4) The fire mitigation fee is necessary because other development fees charged by the district do not include payment toward the costs of the capital facility and equipment expansion necessitated by new construction.

(1966 Code, § 15C-9) (Ord. 639, § 1(part))

The fire mitigation fee amount requested by the district shall be equal to or lesser than the ceiling amount set by this article. This ceiling amount is $1,662 for each single family residence, $1,523 for each multi-family residence, $0.712 per square foot for each commercial development, $0.541 per square foot for each office development, and $0.320 per square foot for each industrial development.

(1966 Code, § 15C-10) (Ord. 639, § 1(part); Ord. 962, § 3, 2017)

(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. The information shall include proof of compliance by district with the California Environmental Quality Act.

(B) The Director shall review the request and shall set a public hearing before the Board of Supervisors within 45 days after the request is received by the Director in order 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 in accordance with state law.

(D) Upon approval, a copy of the Board resolution shall immediately be transmitted to the Director and the Clerk. Within 60 days of Board resolution, the provisions of the article 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 article 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.

(1966 Code, § 15C-11) (Ord. 639, § 1(part))

(A) Prior to issuance of a building permit, the applicant for the building permit shall pay to the Director the fees prescribed by resolution or ordinance, or shall present written evidence that the provisions of this article 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 the fees due shall be determined by the fee resolution or ordinance in effect on the date the applicant satisfies this article.

(C) When application is made for a new building permit following the expiration of a previously issued building permit for which fire mitigation fees were paid, only the additional fee payments shall be required based upon any current fee resolution.

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

(1966 Code, § 15C-12) (Ord. 639, § 1(part); Ord. 948, § 2, 2016; Ord. 962, § 4, 2017)

Fees paid under this article shall be held in trust by the county. The 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.

(1966 Code, § 15C-13) (Ord. 639, § 1(part))

All fees collected pursuant to this article 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 10% of the fees collected as administration costs.

(1966 Code, § 15C-14) (Ord. 639, § 1(part))

Fee collection as to any fire district shall terminate if, at any time, the governing body of a fire district submits a copy of a resolution to the Director requesting termination of fee collection. In this case, fee collection shall terminate 30 days from the date of receipt by the director.

(1966 Code, § 15C-15) (Ord. 639, § 1(part))

(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 San Benito County fire mitigation fee.

(B) The district shall expend funds from the San Benito 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 31 of each 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 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 and 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 ratably to the new development.

(G) (1) By March 31 of each year following the year of original adoption of 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.

(2) This percentage may be revised in the resolution, up to the ceiling amount.

(3) This revision shall be effective the following July 1.

(1966 Code, § 15C-16) (Ord. 639, § 1(part))

(A) Any resolution of the Board adopted pursuant to the provisions of this article 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.

(B) Any actions or activities of any district undertaken in the furtherance of this article shall be deemed a ministerial and/ or advisory action delegated to the district by the county.

(1966 Code, § 15C-17) (Ord. 639, § 1(part))