Sonoma Municipal Code Ch. 3.40 Impact Fees

This chapter sets forth the requirements for the establishment of development impact mitigation fees associated with fire protective service. The Sonoma Valley fire district has prepared the supporting documentation to support the findings required to establish the fee and collect the fee. The city and the fire district have prepared the documentation necessary to comply with the California Mitigation Fee Act (Government Code Sections 66000 through 66025). The nexus study is attached as Exhibit A to the ordinance codified in this chapter. (Ord. 09-2021 § 1, 2021).

For purposes of this chapter, the words shall have the meaning ascribed to them in this section.

“Accessory dwelling unit” means a dwelling unit, or granny flat, either a detached or attached dwelling unit, which provides complete, independent living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence.

“Apparatus” means and includes but is not limited to fire engines, brush engines, utility vehicles, staff vehicles, water tenders, bulldozers, and rescue vehicles.

“Development” or “development project” means any project for new residential, commercial or industrial construction in the city limits which requires the issuance of a building permit.

“Equipment” means and includes but is not limited to ladders, fittings, hoses, radios, cellular telephones, tools, breathing apparatus, hazardous material equipment, and medical and rescue equipment.

“Fire district” means the Sonoma Valley fire protection district which is an independent fire district organized under the 1987 Fire Protection District Laws (Health and Safety Code Section 13800 et seq.).

“Fire facilities” means public improvements, including buildings and structures, not limited to fire stations, administrative buildings, training buildings, land purchase, and related planning, engineering and construction costs as identified by the fire district in its resolution and nexus study.

“Fire impact fee” or “fee” means a monetary exaction in compliance with Government Code Section 66000 et seq., other than a tax or a special assessment, that is charged by the city in connection with the approval of a development project for the purpose of defraying all, or a portion of, the cost of fire facilities, apparatus and equipment related to the development project.

“Industrial” means manufacturing construction.

“Mobile home” means a development area for residential occupancy in vehicles which require a permit to be moved on a highway, other than motor vehicle designed or used for human habitation and for being drawn by another vehicle.

“Multifamily housing” means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family.

“Office” means general, professional and medical office construction.

“Public facilities” means fire facilities, equipment and apparatus.

“Retail/commercial” means retail, commercial, educational and hotel/motel construction.

“Single-family housing” means detached or attached one-family dwelling unit with an assessor’s parcel number for each dwelling unit. (Ord. 09-2021 § 2, 2021).

In compliance with the Mitigation Fee Act (California Government Code Sections 66000 through 66025), the city council hereby establishes a development impact fee upon the issuance of building permits for new single-family home, new multifamily home, or new office, retail/commercial and industrial construction within the city limits.

A. Fees.

B. Findings. On February 9, 2021, pursuant to Government Code Section 66001(a), the Sonoma Valley fire protection district approved its consultants’ nexus study and made the following findings:

1. Identified the purpose of the fee;

2. Identified the use to which the fee is to be put. If the use is financing public facilities, the district has identified those public facilities;

3. Determined how there is a reasonable relationship between the fee’s use and the type of development imposed; and

4. Determined how there is a reasonable relationship between the need for the public facility and the fee imposed. (Ord. 09-2021 § 3, 2021).

A. The purpose of the fees adopted by this chapter is to pay the costs of public facilities, including fire facilities, equipment and apparatus pursuant to the authority of Government Code Section 66001, Article XIII C, Section 1 of the California Constitution, and Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities the need for which is generated by the type and level of the proposed development in accordance with this chapter, the fire district’s resolution and nexus studies.

B. The use to which the fees are to be put is to pay the costs of the public facilities, including fire facilities, equipment and apparatus as identified in fire district’s resolution and nexus study attached to the ordinance codified in this chapter.

C. There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the fire district’s resolution and nexus study attached to the ordinance codified in this chapter.

D. There is a reasonable relationship between the need for the public facilities, including fire facilities, equipment and apparatus and the development projects on which the fee is imposed for the reasons set forth in the fire district’s resolution and nexus study attached to the ordinance codified in this chapter.

E. Without the adoption of this chapter and the construction of the public facilities and purchase of the fire equipment and apparatus, there will be decreased levels of service and decreased safety, inadequate fire protection deteriorating to the point where public facilities cannot be safely maintained to meet to meet the needs of the new population and new development. (Ord. 09-2021 § 4, 2021).

A. Fees established pursuant to this chapter shall be paid by the developer or their agent at the time of the building permit issuance.

B. Chargeable residential square footage shall include new habitable living space within the perimeter of the structure, not including any carport, walkway, garages, overhangs, patios, enclosed patios, detached accessory structure or detached storage space. Chargeable commercial or industrial structure square footage shall include new and covered enclosed space within the perimeter of the new structure, not including garage, parking structure, unenclosed walkways, or utility areas. Chargeable square footage shall be calculated in the standard practice of the city. (Ord. 09-2021 § 5, 2021).

Fees established pursuant to this chapter shall be adjusted automatically without any further action by the city council on the first day of each fiscal year. The finance director of the city of Sonoma shall annually determine the adjusted rate by using the net percentage change during the preceding calendar in the Engineering News-Record Construction Cost Index (San Francisco), or its successor publication. (Ord. 09-2021 § 6, 2021).

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 fee payer shall be entitled to a refund, with interest (measured by the change in the CPI-U, San Francisco Area between the time the fee was paid and the time of the refund), of the fees paid as a condition imposed pursuant to this chapter for the issuance of such permit. The fee payer must submit an application for such a refund within 30 calendar days of the expiration of the permit.

In the event any fee collected pursuant to this chapter remains unexpended in the account established pursuant to this chapter, the city council 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 account. The unexpended portion of the fees, 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 bases. The provisions of Government Code Section 66001 may be amended from time to time and shall apply fully to the collection, disbursement, accounting and refund of any fees imposed pursuant to this chapter. (Ord. 09-2021 § 7, 2021).

A fee credit shall be given for demolished existing square footage as part of a new development project. The fee credit shall be based on the effective fee for the land use category that was demolished. (Ord. 09-2021 § 8, 2021).

If a developer dedicates land, constructs fire facilities or provides fire equipment or apparatus for the city, the fire impact fees imposed on that development project shall be adjusted to reflect a credit for the cost of the dedicated land, fire facilities, equipment and apparatus provided. (Ord. 09-2021 § 9, 2021).

The following shall be exempted from payment of the fee:

A. A structure owned by a governmental agency.

B. A structure which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof; provided, that the number of structures or the size of such reconstructed structure is no greater than the number of structures or size of the structure prior to such damage, destruction or demolition.

C. A development project found to have no impact on the city’s fire system.

D. An accessory dwelling unit that is less than 750 square feet. (Ord. 09-2021 § 10, 2021).

A fee collected pursuant to this chapter, together with any interest, shall be maintained and accounted for in a separate account to avoid commingling of such funds with other revenue. The fire impact fees shall be expended solely for the purpose for which they were collected. Any interest earned by such an account shall be deposited in that account and expended solely for the originally collected purpose. (Ord. 09-2021 § 11, 2021).

All fees established pursuant to this chapter shall, within 180 days after the last day of each fiscal year, be made available to the public as required by Government Code Section 66006(b). (Ord. 09-2021 § 12, 2021).