Solano County Municipal Code Art. XVI Fire Protection

11-600 Purpose

This article is enacted to provide the authority for and process by which development fees may be imposed for fire prevention, suppression and safety within the unincorporated territory of the county of Solano. Such fees may be imposed for each fire protection district which prepares and presents to the board of supervisors a study adequate to demonstrate the reasonable relationship between new development and the fee to be charged. It is intended that new development shall pay its fair share to maintain the pre-existing level of service, thereby mitigating the impact of development on the fire protection district’s ability to provide such service.

(Ord. No. 1659, §1)

11-610 Definitions

(a) Development projects means all residential, multi-family, commercial, manufacturing, office, retail and wholesale buildings, as defined in the building and zoning ordinances of the county.

(b) Exempt development projects means (1) those projects for which a building permit was issued prior to June 30, 2005, or the effective date of this ordinance, whichever is later, or (2) new construction which increases an existing structure’s square footage by two hundred (200) square feet or less.

(Ord. No. 1659, §1)

11-630 Establishment of Fee, Exemptions

A fire protection district impact fee is established for all non-exempt new development projects within the unincorporated areas of Solano County and within the boundaries of a fire protection district for which a fee is established pursuant to this article. The board of supervisors shall establish the amount of such fee for each individual fire protection district by resolution at a publicly noticed meeting upon completion by the fire protection district of an adequate study, commissioned, adopted and provided by such district. The study shall establish a reasonable development fee for the district and demonstrate by competent analysis the reasonable relationship between such fee and the impacts of such development, satisfying the statutory requirements for fees for development projects contained in Chapter 5 of Division 1 of Title 7 of the Government Code Section 66000 et seq., commonly referred to as AB 1600. These fees may from time to time be amended as circumstances warrant by the adoption of a subsequent resolution by the board of supervisors. Any action to adopt a resolution levying or increasing such fee for any individual fire protection district shall follow the procedures set forth in Government Code Section 66016 et seq., and any subsequent amendments, including, without limitation, notice, public hearing and effective date provisions.

(Ord. No. 1659, §1)

11-640 Payment of Fee

(a) Time for Payment of Fee Fees for applicable development shall be paid to and collected by the county on a fire protection district’s behalf prior to the issuance of the certificate of occupancy, or at the time of final inspection, whichever comes first, or, if the provisions of Government Code Section 66007 are met, at the time of issuance of a building permit for any non- exempt construction under the provisions of this ordinance.

(b) Fee Amounts Fees under this section shall be payable in those specific amounts designated by the board of supervisors, and amended from time to time by board resolution. The amount payable shall be reduced by the amount of any fee charged to the developer by any other jurisdiction to provide funding for the same fire protection facilities. During the first five (5) calendar years beginning after adoption of this ordinance, the board of supervisors may, without a further study by a fire protection district, adjust by resolution the fee amounts one (1) time annually based on the percentage increase in the Engineering News Record Construction Cost Index or a similar index which measures typical construction costs for facilities generally similar to those to be built by the fire protection districts.

(c) Appeal Any person may protest the imposition of any fee imposed under the provisions of this ordinance by meeting the following requirements.

(1) Tendering any required payment in full or providing satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements imposed.

(2) Serving written notice on the clerk of the board of the fire protection district, which notice shall contain all of the following information:

(A) A statement that the required payment is tendered, or that any conditions which have been imposed are provided for or satisfied, under protest.

(B) A statement informing the board of fire protection district of the factual elements of the dispute and the legal theory forming the basis of the protest.

(3) The protest must be filed no later than 90 days after the date of the imposition of the fee hereunder.

Where a protest has been filed in compliance with these provisions, the protest resolution procedure shall be as set forth under the provisions of Government Code section 66020 et seq.

(d) Demolition or destruction offset Where a building permit is issued within two years after demolition on the same lot, where new construction replaces a structure on the same lot which was damaged or destroyed by fire, earthquake or other causes similarly beyond the owner’s control, the amount of new construction taken into account under this ordinance shall be reduced by the number of square feet which were demolished or destroyed.

(e) Information Required Where the county is to issue a building permit, the person liable for the fee shall submit to the Department of Resource Management such information as the Department may require to calculate the amount due.

(Ord. No. 1659, §1)

11-650 Use of Fees, Hold Harmless

(a) The fire protection district impact fees collected on behalf of the districts who have complied with this Article shall be used by the respective local fire protection districts for capital expenditures to mitigate the impacts attributed to new development. Specifically, these fees shall be used to pay the entire applicable portion of the costs of capital improvements to public facilities necessitated by the development projects, whether identified by a capital improvement plan or otherwise. Fees remaining unexpended or uncommitted five (5) or more yeas after deposit shall be subject to the provisions of Government Code section 66001.

(b) Each fire protection district on whose behalf the county is collecting fees shall agree to hold the County of Solano harmless and to indemnify and defend the County from all actions, claims and damages related to said fees, including, without limitation, any challenge to the validity of or use of said fees. The fees collected, together with any interest, shall be maintained and accounted for in a separate capital facilities account or fund in a manner to avoid any commingling of such moneys with other revenues or funds and expended in a timely fashion only for approved purposes. County shall withhold 2% of the total fee collected to cover administrative costs associated with the implementation of this Article.

(Ord. No. 1659, §1)

EXHIBIT A

ENGLISH HILLS TRANSPORTATION IMPACT FEE AREA, ROAD IMPROVEMENT LIST

ALLENDALE ROAD

from Timm Road to Interstate 505 from Cantelow Road to McMurty Lane from Timm Road to Steiger Hill Road from Peaceful Glen Road to Cantelow Road from Cantelow Road to 0.08 miles north of Pamela Lane from Timm Road to Vacaville City Limits from Timm Road to Vacaville City Limits from English Hills Road to Timm Road from Cantelow Road to Allendale Road

(Ord. No. 1737)

EXHIBIT B

ENGLISH HILLS TRANSPORTATION IMPACT FEE AREA COSTS

The primary roads serving the fee area were determined by the transportation department based on the circulation patterns of the area.
For each existing road segment, the typical existing right-of-way width, road width, segment length, and average daily traffic (ADT) were determined. Segments or roads with poor horizontal and/or vertical alignments were identified.
Using the existing ADTs, the right-of-way width and road width needed to meet the county road improvement standards was determined for each segment. The estimated cost to acquire right-of-way and improve the existing roads to meet the standards was then calculated.
The estimated ADTs at build-out of the fee area under the current general plan were then determined. These ADTs were based on information in the English Hills specific circulation analysis contained in the final draft English Hills specific plan, final EIR (final EIR), except for Steiger Hill Road which was based on the circulation analysis contained in the final draft English Hills specific plan, and Cantelow Road (from English Hills Road to Steiger Hill Road) which was not analyzed in the EIR and is therefore based on a transportation department projection.
Using the ADTs anticipated from build-out of the current general plan, the right-of-way width and road width needed to meet the county road improvement standards was determined for each segment. The cost to acquire right-of-way and improve each road to the standard called for based on build-out of the general plan was then calculated.
By subtracting the cost of acquiring right-of-way and improving each road to the standard required in subdivision (3) of this exhibit (standards applicable to current level of development) from the cost of acquiring right-of-way and improving each road to the standard required in subdivision (5) of this exhibit (standards applicable at build-out of the general plan), the remainder represented the cost attributable to the impacts of the new development.
The cost to upgrade the road from the standard based on current ADTs to the standard based on future ADTs, as calculated in subdivision (6) of this exhibit, was then divided by the number of new dwelling units allowable under the current general plan (eight hundred five (805)), to determine the fee to be assessed per new dwelling unit. This amount includes both the costs for right-of-way acquisition and for road improvement. The number of potential new dwelling units was assumed to be the number of additional dwelling units allowed under the current general plan, as identified in the final EIR (eight hundred five (805)), minus the number of dwellings for which building permits have been issued since the final EIR was prepared (forty-one (41)). The fee for residential dwellings was determined to be two hundred eighty-eight dollars ($288.00) for right-of-way acquisition and four thousand six hundred thirty-eight dollars ($4,638.00) for roadway improvements.

NOTE: The English Hills transportation impact fee area is designated by the general plan and zoned for rural residential development. Due to the limited extent of nonresidential development expected in the fee area, this fee applies only to residential development. Should nonresidential development occur in the fee area, an impact mitigation fee would be determined on an individual basis based on the proportionate impact of such development on the primary road network, and the residential fee would then be adjusted accordingly.

(Ord. No. 1610; Ord. No. 1737)

(Ord. No. 1097, §1; Ord. No. 1106, §1; Ord. No. 1362, §1; Ord. No. 1385, §1)

11-660 Fee Schedule

(Res. No. 2014-57; Res. No. 2014-58; Res. No. 2014-59; Res. No. 2014-60; Res. No. 2014-61; Res. No. 2014-62; Res. No. 2014-63; Res. No. 2014-64; Res. No. 2014-65; Res. No. 2014-66; Res. No. 2014-67; Res. No. 2014-68; Res. No. 2014-69; Res. No. 2014-70; Res. No. 2015-64; Res. No. 2015-65; Res. No. 2015-66; Res. No. 2015-67; Res. No. 2015-68; Res. No. 2015-69; Res. No. 2015-70; Res. No. 2015-71; Res. No. 2015-72; Res. No. 2015-73; Res. No. 2015-74; Res. No. 2015-75; Res. No. 2015-76; Res. No. 2015-77; Res. No. 2015-78; Res. No. 2015-79; Res. No. 2015-80; Res. Nos. 2016-54 – 2016-72; Res. Nos. 2017-68 – 2017-85; Res. Nos. 2018-167 – 2018-184; Res. Nos. 2019-84 – 2019-101; Res. Nos. 2020-104 – 2020-122; Res. Nos. 2021-116 – 2021-134; Res. Nos. 2022-119 - 2022-137; Res. Nos. 2023-75 – 2023-94; Res. No. 2023-173; Res. Nos. 2025-80 – 2025-97)

1 For state law as to sales and use taxes, see Rev.&Tax. Code §§ 6001 et seq. As to authority of county to adopt uniform sales and use taxes, see R&T Code §7201.

2 For state laws to documentary transfer tax, see Revenue and Taxation Code §§ 11901 et seq.

3 For state law authorizing county to levy documentary transfer tax, see Revenue and Taxation Code § 1191 1.