Stanislaus County Municipal Code Ch. 24.01 Purpose

A. In order to protect and safeguard the public from the peril of fire, to implement the goals and objectives of the county general plan and to mitigate impacts caused by new development within the county, fire protection facilities fees are necessary. These fees are needed to finance fire protection facilities and to assure that new development pays its fair share for these improvements.

B. The authority for the imposition of the fire protection facility fees adopted pursuant to this title are as follows:

1. The police power of the county granted pursuant to Article 11, Section 7, of the California Constitution;

2. Provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., which in general, requires that all developments mitigate environmental impacts; and/or

3. The provisions of the California Government Code regarding general plans at Section 65300 et seq., including, but not limited to the provisions of Government Code Section 65400.

C. Title 7, Chapter 5, Section 66000 et seq., of the California Government Code provides that public facilities fees may be enacted and imposed on development projects. The board of supervisors finds and determines that:

1. New development projects cause the need for construction, expansion or improvement of fire protection facilities within the county;

2. Funds for construction, expansion or improvement of fire protection facilities are not available to accommodate needs caused by development projects; which results in inadequate fire protection facilities within the county.

D. The board of supervisors finds that the public health, safety, peace, morals, convenience, comfort, prosperity and general welfare will be promoted by the adoption of fire protection facilities fees for construction, expansion or improvement of fire protection facilities.

E. Failure to enact fire protection facility fees will subject county residents to conditions perilous to their health and/or safety.

(Ord. CS 364 §1, 1991)

Fire protection facility fees enacted pursuant to this title are to be paid to the fire protection district before the issuance of building permits. Proof of payment of the applicable fee shall be submitted prior to the issuance of a building permit.

(Ord. CS 364 §1, 1991)

This title is adopted pursuant to the provisions of Title 7, Chapter 5, of the California Government Code Sections 66000 et seq., and the authority of Article 11, Section 7 of the California Constitution, the provisions of CEQA requiring mitigation of impacts upon the environment, and the provision of California General Plan laws and/or the following provisions of the Stanislaus County general plan: Goal Four—Policy Twenty-one, and implementation measures one and three thereof and policy Twenty-two and implementation measures one, four and five; Goal Two—Policy seven and implementation measures one and two, thereof and Policy nine and implementation measures one and two thereof.

(Ord. CS 364 §1, 1991)