Santa Clara County Municipal Code Div. C19 Fire Protection Mitigation Fees

Footnotes:

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Editor's note— Ord. No. NS-1104, § 1, adopted September 28, 2004, amended the Code by adding provisions designated as a new Div. C19, §§ C19-1—C19-11, to read as herein set out. See also the Code Comparative Table.

This division shall be known and cited as the "Fire Protection Mitigation Fee Ordinance."

(Ord. No. NS-1104, § 1, 9-28-04)

The purpose of this division is to establish and implement a procedure for the adoption of fire protection mitigation fees and for the assessment and collection of these fees at the time of issuance of building permits. The fire mitigation fees are to be allocated to the affected fire district for the acquisition of capital facilities and equipment in order to ensure the provision of the capital facilities and equipment necessary to maintain current levels of fire protection services which are required as the result of new development projects.

(Ord. No. NS-1104, § 1, 9-28-04)

The Board of Supervisors of Santa Clara County finds and declares as follows:

(a) Adequate fire protection facilities and equipment must be available to serve new development projects.

(b) New development projects require the construction or expansion of fire protection facilities and the acquisition of additional equipment.

(c) In certain areas of the County, property taxes and fire protection assessments currently collected by the districts providing fire protection services are insufficient to provide funds for expansion or construction of fire facilities and purchase of equipment required by new development projects, resulting in the potential for inadequate fire protection coverage for the new development projects and the additional population.

(d) The above conditions place Santa Clara County's growing population in a condition where there is risk to its health and safety.

(e) The impacts of new development on the existing fire protection facilities and equipment cannot be mitigated without County involvement.

(f) For the above reasons, new methods for financing fire protection facilities and equipment required as a result of new development projects are needed in Santa Clara County.

(Ord. No. NS-1104, § 1, 9-28-04)

(a) "Board" means the Board of Supervisors of the County of Santa Clara.

(b) "Development project" means any construction for which a building permit or other permit is required from the County.

(c) "Fire district" means any fire protection agency or district established in accordance with state law and authorized to provide fire protection services within the unincorporated area of the County.

(Ord. No. NS-1104, § 1, 9-28-04)

This division shall be applicable to development within the boundaries of a fire district within the unincorporated area of the County when all of the following events occur:

(a) The governing body of a fire district adopts a resolution making all of the following findings:

(1) The fire district does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new development projects within the district's boundaries;

(2) The fire district does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other available sources; and

(3) The lack of additional fire protection facilities and equipment to serve new development projects would create a situation that is dangerous to the public health and safety if fire mitigation fees are not levied within the fire district.

(b) The fire district further resolves as follows:

(1) The fire district requests that the County impose a specified fire mitigation fee on the fire district's behalf on applicants for development projects;

(2) Fire mitigation fees paid under this division shall only be used to expand the availability of capital facilities and equipment to provide fire services to the new development projects;

(3) The fire district shall place all funds collected under this division and all interest subsequently accruing on these funds in a separate budget accounting category to be known as the "District Fire Mitigation Fee";

(4) The fire district shall spend funds from the "District Fire Mitigation Fee" budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects;

(5) The fire district shall submit a Fire Mitigation Fee annual report no later than October 31 of each year to the Clerk of the Board. The report shall include, but not be limited to, the balance in the account at the end of the prior fiscal year, the mitigation fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the fire district plans to take to mitigate the facility and equipment needs caused by the new development projects in a capital fire facilities and equipment plan adopted at a noticed public hearing. The fire district shall make available, upon request by the Clerk, a copy of its annual audit report;

(6) The fire district shall make its records that justify the basis for the mitigation fee amount available to the public upon request;

(7) The fire district shall agree to indemnify, defend and hold harmless the County and its officers, agents and employees from any claim, action or proceeding that arises from or is in any way related to the mitigation fees; and

(8) For the fifth fiscal year following the first deposit into the fire district's District Fire Mitigation Fee account and every five years thereafter, the fire district shall make all of the following findings with respect to any cash portion of the mitigation fees remaining unexpended or uncommitted in the account: (i) identify the purpose to which the fee is to be put; (ii) demonstrate a reasonable relationship between the fee and the purpose for which it was charged; (iii) identify all sources and amounts of funding anticipated to complete financing all incomplete improvements; and (iv) designate the approximate dates on which complete funding is expected to be deposited into the account. If all of these findings are not made, the fire district shall refund, on a prorated basis, to the current record owner or owners of the development projects for which the fees were paid the unexpended or uncommitted portion of the fees and any interest accrued for which need cannot be demonstrated.

(c) The governing body of the fire district shall adopt a capital fire facility and equipment plan in compliance with Government Code Section 66002 at a noticed public hearing.

(d) The governing body of the fire district shall send a certified copy of the resolution and the capital fire facilities and equipment plan to the Clerk. The Clerk shall place the resolution and capital fire facilities and equipment plan on the Board's regular meeting for the Board's consideration and approval at a public hearing noticed in the manner required by Government Code Section 66002. At the close of the public hearing, the Board may approve the resolution and capital fire facilities and equipment plan if it finds that the documents meet the requirements of this ordinance and Government Code Section 66000 et seq. The provisions of this division shall apply to any development project within the boundaries of the fire district 30 days after the Board's approval. Each fire district shall notify the County Building Official of the effective date of its mitigation fee. Any judicial action or proceeding to attack, review, set aside, void or annul the Board's approval and adoption of mitigation fees must be commenced within 120 days of the Board's action approving the mitigation fees.

(e) By March 31 of each year following the year of the original adoption of a resolution and approval by the Board of fire mitigation fees pursuant to this division, the fire district shall submit a copy of a new resolution adopted by the district's governing body making the findings required by Section C19-5(a) and identifying the fire mitigation fees requested by the fire district. If the resolution proposes to increase the fire mitigation fees, the resolution shall only become effective if approved by the Board in the manner set forth in Section C19-5(d) above. A revision of fire mitigation fees shall be effective the following July 1.

(Ord. No. NS-1104, § 1, 9-28-04)

(a) Before the issuance of any building permit or other permit for a development project, the applicant shall pay to the fire district the fees prescribed by the fire district resolution as approved by the Board and shall present written evidence that the provisions of this division have otherwise been satisfied with respect to the development project for which permits are sought.

(b) The amount of fees shall be determined by the fire mitigation fee in effect on the date of the payment of fees for an unexpired plan check.

(c) When application is made for a new permit for a development project following the expiration of a previously issued permit for the development project for which fees were paid, the fee payment shall not be required.

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

(e) For the purpose of payment of fees to the County, the Board delegates to each fire district the responsibility to collect or accept payment of the fees for each respective fire district.

(Ord. No. NS-1104, § 1, 9-28-04)

(a) Permits for the following types of development projects shall be exempt from the requirements of this division:

(1) Marine construction including piers, boat lifts, docks, pilings and floating platforms;

(2) Buildings or other structures constructed for governmental uses;

(3) The replacement of a legally constructed dwelling or building destroyed by fire or other calamity by the owner on the same parcel, provided that: (i) the application for a building permit to replace the destroyed structure is filed with the County Building Official within one year after destruction of the dwelling; (ii) there is no change in occupancy; and (iii) the square footage is not increased by over 500 feet of living space compared to the destroyed structure.

(Ord. No. NS-1104, § 1, 9-28-04)

(a) The County may include in an adopted fire district mitigation fee a component that reflects the County's reasonable costs of administering the fee and complying with all laws, ordinances and regulations related to the fee.

(b) The applicable fire district may include in a proposed fire district mitigation fee a component that reflects the district's reasonable costs of administering the fee and complying with all laws, ordinances and regulations related to the fee.

(Ord. No. NS-1104, § 1, 9-28-04)

With the exception of the administrative cost components in Section C19-8, all fees collected under this division, including any interest accrued, shall be used by the fire district for the purpose of providing for capital facilities and equipment.

(Ord. No. NS-1104, § 1, 9-28-04)

Any fire district receiving fees under this division shall maintain a separate budget accounting category for any fees paid. Such category shall be known as the "Fire District Mitigation Fee" account. By October 31 of each year, each fire district receiving funds under this division shall file a report with the clerk on the balance in the account at the end of the prior fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the fire district plans to take to mitigate the facility and equipment needs caused by new development projects.

(Ord. No. NS-1104, § 1, 9-28-04)

Fee collection as to any fire district shall terminate as follows:

(a) If by March 31 of any year following the year of the original adoption of a resolution pursuant to Section C19-6 which was approved by the Board, the fire district has not submitted a copy of a new resolution under Section C19-6(e), fee collection shall terminate on July 1 of that year.

(b) If, at any time, the governing body of a fire district submits a copy of a resolution to the Clerk requesting termination of fee collection, fee collection shall terminate 30 days from the date of receipt by the Clerk.

(c) Each fire district shall notify the County Building Official of the effective date of its termination of fee collection.

(Ord. No. NS-1104, § 1, 9-28-04)