Santa Barbara County Municipal Code Art. IIIA Carpinteria-Summerland Fire Protection District Fire Protection…

This article shall be known and may be cited as the "Carpinteria-Summerland Fire Protection District Fire Protection Mitigation Fee Ordinance."

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

"Administrator" as used herein means the county administrator for the County of Santa Barbara or his/her duly authorized designee, which designee may in certain instances be an employee of the district.

"Building" means a structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any person, animal or chattel.

"Carpinteria-Summerland Fire Protection District" or "district" means the fire protection district formed pursuant to the Fire Protection District Law of 1987 having jurisdiction over that portion of Santa Barbara County consisting of approximately thirty-six square miles along the coast of Santa Barbara County that extends from the town of Summerland through the south-eastern boundary of the County of Santa Barbara. For the purpose of this article, the term Carpinteria-Summerland Fire Protection District shall not include that portion of such district which lies within the limits of the city of Carpinteria if the inclusion of such portion would be inconsistent with the imposition of fees pursuant to this article by the Santa Barbara County board of supervisors.

"Development" or "development project" means any project undertaken for the purpose of development in the district and shall include all projects involving the issuance of a permit for construction or reconstruction, remodeling, or any work requiring any permit under the Santa Barbara County Code or ordinances of the County of Santa Barbara, as the same presently exist or may be amended from time to time hereafter. The term "development" or "development project" shall also include the erection of greenhouses, manufactured housing or structures, and structures moved into the district.

"Fire protection mitigation fee" means a monetary exaction, other than a tax or special assessment, which is charged by the County of Santa Barbara to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in § 66477 of the California Government Code, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 (commencing with § 65864) of Chapter 4, Division 1, Title 7 of the California Government Code.

"Fire apparatus" includes, but is not limited to, fire trucks, brush trucks, utility vehicles, water tenders, bulldozers, paramedic rescue vehicles and paramedic ambulances.

"Fire equipment" includes, but is not limited to, ladders fittings, hoses and tools.

"Public facilities" includes, for purposes of this article, such public improvements, including buildings and structures, public services and community amenities, including but not limited to fire apparatus and fire equipment, as may be needed by the Carpinteria-Summerland Fire Protection District to meet its statutory and other obligations to the public.

"Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, excluding mobilehomes located in a mobilehome park.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

The purpose of this article is to provide for the health and safety of residents of the district and to mitigate the impacts caused by new development within the district on the district's ability to provide adequate fire protection services. In order to accomplish these purposes, certain fire protection capital improvements including buildings, structures and fire equipment and fire apparatus must be constructed or acquired by the district. The board of supervisors has determined that a fire protection mitigation fee is needed in order to finance these public facilities and to pay for the new development's fair share of the construction or acquisition costs of these public facilities. In establishing the fee described in this article, the board of supervisors has found the fee to be consistent with Santa Barbara County's general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing need as established in the housing element of the general plan. The board of supervisors further finds that the fees established by this article are based upon an analysis of existing land use and zoning, they do not exceed the reasonable cost of providing fire protection public facilities occasioned by development projects within the district, and they relate rationally to the reasonable cost of providing fire protection public facilities occasioned by development projects within the district.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

(a) A fire protection mitigation fee is hereby established and imposed on all development within the district to pay for public facilities necessary for the district to provide fire protection services. Such facilities include, but are not limited to, fire equipment, fire apparatus, buildings, structures, and other improvements.

(b) The board of supervisors shall, from time to time adopt, after noticed public hearing, a resolution setting forth specific fire protection mitigation fees. In adopting the resolution, the board shall: (1) identify the purpose of the fee; (2) identify the use to which the fee is to be put, consistent with subsection (a)(2) of Section 66001 of the Government Code; (3) determine a reasonable relationship between the fee's use and the type of residential development project on which the fee is imposed; (4) determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and (5) establish a schedule of fees.

(c) Any person who, after the effective date of the ordinance codified in this article, seeks to develop land within the Carpinteria-Summerland Fire Protection District as defined herein by applying for a building permit is required to pay a fire protection mitigation fee.

(d) The fees required by this article shall be paid prior to the issuance of a building permit for each development project. With regard to mobilehome parks, the fees under this article are due at the time the mobilehome parks or additions thereto are approved for occupancy.

(e) If, for any reason, a building permit is issued without the payment of the fee required by this article or written evidence establishing that the provisions of this article have otherwise been satisfied, the applicant shall remain liable for payment of the fee to the Carpinteria-Summerland Fire Protection District.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

Fees collected pursuant to this article shall be deposited in an interest bearing capital trust account established solely for Carpinteria-Summerland Fire Protection District fees. This capital trust account shall be utilized in a manner to avoid commingling with the district's other funds. Any interest income earned on a specific account shall be deposited back in that account. The funds in such account shall be expended by the district only for the purposes for which the fees were collected, which purposes shall be identified by the board of supervisors in the fee structure adopted pursuant to Article 15-65(b).

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

(a) The fire protection mitigation fee structure shall be adjusted automatically on the first day of each fiscal year, beginning on July 1, 2006, by a percentage equal to the Engineering Cost Index as published by Engineer News Record for the preceding twelve months. The district shall provide county with the data necessary to accomplish such annual adjustments.

(b) The fee structure of this article may be more specifically set and revised periodically by adoption of a resolution by the board of supervisors, with the ordinance codified in this article being considered as enabling and directive in this regard.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

The approved development and/or the use associated with the development project shall be the basis for the computation of the fee required to be paid with respect to any property. Properties may be classified into categories of use such as, but not limited to, estate single family residential, detached residential, multiple family residential, mobile homes, senior assisted living, commercial lodging, retail/service/commercial/office, industrial/manufacturing uses, or institutional uses. Fees shall be computed based on such classifications, as determined by the county administrator. All fees due hereunder shall be determined and calculated by the administrator.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1; Ord. No. 4989, § I, 2-14-2017)

(a) The fees established pursuant to this article shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided herein. Fees imposed on residential development, however, shall be collected in accordance with the provisions of California Government Code Section 66007, as the same presently exists or may hereafter be amended from time to time.

(b) The term building permit as used in this article includes any permits required for construction, reconstruction, remodeling, moving structures into the county, and the like, such as electrical and plumbing permits, moving permits, and the like.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

(a) A developer of any project subject to a fire protection mitigation fee as required in this article may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development on fire protection services and either the amount of the fee charged or the type of the facilities to be financed. The application shall be made in writing and filed with the county 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, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The board of supervisors shall consider the application no later than the later of either of (a) the public hearing on the permit application, or (b) a separate hearing held within sixty days after the filing of the fee adjustment application. The decision of the board of supervisors 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. The board of supervisors may, from time to time, set forth by resolution specific limitations that will apply to reductions, adjustments or waivers of fees that may be made pursuant to this section. In this regard, this article shall be considered enabling and directory.

(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)

(a) If construction of a development project has not commenced before the expiration of the building permit that would have enabled the applicant to proceed with construction, then a feepayer shall be entitled to a refund, without interest, of the fire protection mitigation fee paid as a condition for the issuance of such permit. The feepayer must submit an application for such a refund to the Administrator within thirty calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.

(b) In the event any fee collected pursuant to this article remains unexpended in the fund established pursuant to this article, the board of supervisors shall make the following 'findings for the fifth fiscal year following the first deposit into such account, and every five years thereafter, with respect to that portion of the fee remaining unexpended, whether committed or uncommitted: (1) identify the purpose to which the fee is to be put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it was charged; (3) identify all sources and amounts of funding anticipated to complete financing of public facilities; and (4) designate the approximate dates on which such funding is expected to be deposited into the fund.

(c) The unexpended portion of the fire protection mitigation fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to this section, shall be refunded to the then current record owner or owners of lots or units of the development project or projects on a prorated basis.

(d) The provisions of California Government Code § 66001(d), (e) and (f), as the same may be amended from time to time, shall apply fully to any refund of fees, and the provisions of this section 15-71 shall be subordinate to the section and shall be applied in a manner consistent therewith.

(Ord. No. 4566, § 1)

Any claim of exemption with respect to any fee collected pursuant to this article must be made no later than the time for application for fee adjustment in accordance with Section 15-70. The following shall be exempted from payment of the fire protection mitigation fee:

(a) Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created, the use is not changed, and the alteration, ' renovation, or expansion of the existing residential building or' structure does not result in the total square footage of the existing residential building or structure exceeding two thousand seven hundred square feet; provided, however, that the expansion of or ' change of use of an existing commercial or industrial building or structure shall not be exempt from the fees established in this article. For purposes of this section, "expansion" shall be defined as any increase in the gross floor area of the existing building or structure and "change of use" shall be defined as the initiation of a use which requires approval of a conditional use permit, development plan, zone change, or local coastal plan amendment.

(b) The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.

(Ord. No. 4566, § 1)

(a) New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under the Santa Barbara County Code, including a nonconforming use.

(b) New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide, or other casualty or act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under the Santa Barbara County Code, including a nonconforming use, at the time, thereof.

(c) Credit for such eliminated development or development that was partially or totally destroyed (as above specified) shall be calculated by the administrator in accordance with the fee schedule set forth in the resolution to be adopted pursuant to this article.

(Ord. No. 4566, § 1)

(a) "In Lieu" Fee Credits for Construction of Public Facilities.

(1) A development that has been required by the county to construct or provide fire protection public facilities (or a portion thereof) as a condition of approval of a development permit may request an in-lieu credit. Upon request, an in-lieu credit of fees shall be granted for public facilities that mitigate all or a portion of the need therefore that is attributable to and reasonably related to the given development.

(2) Only costs proportional to the amount of the facilities that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit, and then only against the fire protection mitigation fee.

(3) Fees required under this article shall be reduced by the actual construction costs of the public facilities that relate to said fees, as demonstrated by the applicant and reviewed and approved by the administrator, all consistent with the provisions of subsections (1) and (2) of this section 15-74(a). Subject to the applicable provisions of subsection (b) of this section, if the cost of the facilities is greater than required relevant fees, this article does not obligate the county to pay the applicant the excess amount.

(4) An amount of in-lieu credit that is greater than the specific fee required under this article may be reserved and credited toward the fire protection mitigation fee of any subsequent phases of the same development, if determined appropriate by the administrator. The administrator may set a time limit for reservation of the credit.

(5) Credits shall be calculated by the administrator in accordance with the fee schedule adopted by the board of supervisors pursuant to this article.

(b) Developer Construction of Public Facilities Exceeding Needs Related to Development Project. Whenever an applicant is required, as a condition of approval of a development permit, to, construct any public facility (or a portion thereof) referenced in the resolution adopted by the board of supervisors pursuant to this article, which facility is determined by the board of supervisors to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit 'against the specific relevant fee that would otherwise be charged pursuant to this article on the development project shall be offered. The credit shall be applied with respect to that portion of the public facility that is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this article. The amount to be reimbursed shall be that portion of the cost of the public facility that exceeds the need attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the applicant and the County of Santa Barbara, and shall be approved by the board of supervisors.

(c) Site-Related Improvements. Credit shall not be given for site-related improvements that are specifically required by the project in order to serve it and that do not constitute public facilities as defined in this article.

(d) Determination of Credit. The developer seeking credit and/or reimbursement for construction or acquisition of public facilities shall submit such documentation, including without limitation engineering drawings, specifications, and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the county administrator to support the request for credit or reimbursement. The administrator shall determine credit for construction of public facilities based upon either the applicant's cost estimates or upon alternative engineering criteria and construction cost estimates if it is determined that such estimates submitted by the applicant are either unreliable or inaccurate. The administrator shall determine which public facilities, if any, are eligible for credit or reimbursement.

(e) Time for Making Claim for Credit. Any claim for credit must be made not later than the date when the applicant applies for a building permit for the development. Any claim not so made shall be deemed waived.

(f) Transferability of Credit. Credit shall not be transferable from one project or development to another without the approval of the board of supervisors.

(g) Appeal of Determinations. Determinations made by the administrator pursuant to the provisions of this section may be appealed to the board of supervisors by filing a written request, together with any fee established by the board of supervisors, within ten calendar days of the determination of the administrator.

(Ord. No. 4566, § 1)

(a) Except in the first year following adoption by the board of supervisors of the fee structure in accordance with Section 15-65, the district, on an annual basis, no later than sixty days following the end of each fiscal year, shall submit a report to the board of supervisors identifying the balance of fees in the fund or account reserved for the use of the district; the public facilities constructed or acquired; and the public facilities to be constructed or acquired. In preparing the reports, the administrator shall adjust the estimated costs of the public facilities in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period from the first day of the fiscal year or the date that the cost estimate was developed.

(b) At a noticed public hearing, the board of supervisors shall review estimated costs of the public facilities described in the reports, and the continued need for these facilities. The board of supervisors may revise the fire protection mitigation fee to include additional projects not previously identified as being needed, provided that such revisions comply with the provisions of this article and California Government Code § 66001.

(c) The report prepared by the Administrator and its review by the board of supervisors as well as any findings thereon, shall be subject to the provisions of California Government Code § 66006, to the extent applicable.

(Ord. No. 4566, § 1)

The provisions of this article and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of Chapter 5 (commencing with Section 66000), Division 1, of Title 7 of the California Government Code, as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any applicable conflict between the provisions of this article and the state law, the latter shall control.

(Ord. No. 4566, § 1)

The provisions of this article and any resolution adopted pursuant hereto shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith.

(Ord. No. 4566, § 1)