Ventura Municipal Code Ch. 4.220 Fire Facility and Equipment Mitigation Fee

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter and the State Mitigation Fee Act, as set forth in Chapter 5, Division 1, Title 7 of the California Government Code (commencing with Section 66000), for the purpose of authorizing a development impact mitigation fee, designated herein as a fire facility and equipment mitigation fee, that will provide the revenues necessary to fund all or a portion of the cost of new or rehabilitated fire facilities and equipment required to meet the need for adequate fire service capabilities created by new residential and nonresidential development occurring within the city. (Ord. No. 2006-002, § 1, 2-13-06)

This city council makes the following additional findings required by the State Mitigation Fee Act in support of the fire facility and equipment mitigation fees provided for by this chapter:

A. All public revenues received by the city from the fire facility and equipment mitigation fees authorized by this chapter will be used to fund the additional fire facilities and equipment required to provide fire prevention and suppression services, hazardous waste containment, identification and cleanup services, and paramedic services to new development occurring within the city including, but not limited to, the facilities and equipment identified in any fire master plan now or hereafter adopted by this council.

B. There is a reasonable relationship between the fees provided for by this chapter and new development occurring in the city, in that all public revenues received by the city from such fees will be used only for the purpose of acquiring and constructing fire facilities and/or purchasing or fabricating fire equipment necessary to provide a level of fire suppression and prevention services, hazardous waste containment, identification and cleanup services, and paramedic services for the residents and other inhabitants of new residential and nonresidential development that is at least equivalent to the level of such services provided to the city’s existing residents and other inhabitants.

C. Similarly, there is a reasonable relationship between the need for fire facilities and equipment to be acquired with public revenues received by the city from the fees provided for by this chapter and the type of new development occurring in the city, in that all new residential and nonresidential development creates a need for additional fire prevention and suppression services, hazardous waste containment, identification and cleanup services, and paramedic services which, in turn, creates a need for the construction and acquisition of additional fire administrative offices, fire stations and training structures and/or the purchase or fabrication of fire engines, fire trucks and associated equipment, as well as all the other equipment or gear used by fire department personnel to provide those services.

D. There is a reasonable relationship between the amount of the fees provided for by this chapter and the cost of the fire facilities to be acquired and constructed and/or the fire equipment to be purchased or fabricated with the public revenues received from such fees, in that the fees are based on the assumption that the cost of providing adequate fire facilities and equipment for each unit of new development should be equivalent to and not exceed the cost of replacing the city’s existing fire facilities and equipment that are presently available and allocable to each unit of existing development within the city. (Ord. No. 2006-002, § 1, 2-13-06)

For purposes of this chapter, the term “fire facilities and equipment” shall be defined as follows:

“Fire equipment” shall mean all fire engines, trucks and associated equipment, as well as any other equipment or personal gear used by firefighters to provide fire suppression services, hazardous material containment, identification and cleanup services, and paramedic services.

“Fire facilities” shall mean all land, buildings or structures used or available to the city fire department to provide fire suppression and fire prevention services, hazardous material containment, identification and cleanup services, and paramedic services including, but not limited to, administration offices, fire stations and fire training structures. (Ord. No. 2006-002, § 1, 2-13-06)

A. Residential Property. A fire facility and equipment mitigation fee shall be assessed and levied upon the owners of residential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

1. The construction of a new building on the property containing one or more dwelling units;

2. The construction of alterations or additions to an existing building on the property that adds one or more dwelling units to such existing building; or

3. The change in use of an existing building on the property from a previous residential use to a nonresidential use.

B. Nonresidential Property. A fire facilities and equipment mitigation fee shall also be assessed and levied upon the owners of nonresidential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

1. The construction of a new building or structure on the property;

2. The construction of alterations or additions to an existing building or structure on the property that expands the area of the building or structure; or

3. The change in use of an existing building or structure on the property from a previous nonresidential use to a residential use. (Ord. No. 2006-002, § 1, 2-13-06)

A. Residential Property. The fire facility and equipment mitigation fee assessed and levied upon the owner of residential property pursuant to the provisions of this chapter shall be based on the kind of residential development occurring on the property and the number of new residential dwelling units being added to the property.

B. Nonresidential Property. The fire facility and equipment mitigation fee assessed and levied on the owner of nonresidential property pursuant to the provisions of this chapter shall be based on the kind of nonresidential development occurring on the property and the square footage of any new building or structure being constructed on the property, the square footage being added to any existing building or structure on the property, and/or the square footage of any existing residential building or structure on the property or portion of an existing building or structure being changed to residential use or to a different nonresidential use. (Ord. No. 2006-002, § 1, 2-13-06)

A. In determining the fire facility and equipment mitigation fee to be assessed and levied upon the owner of property pursuant to the provisions of this chapter at the time of a change in use of an existing building on such property from a residential use to a nonresidential use, the owner of the property shall be entitled to a credit against such fee in an amount equal to the fire facility and equipment mitigation fee that would be charged for the previous residential use. However, no such credit shall exceed the amount of such fee, nor shall any credit be transferable from one property to another property.

B. In determining the fire facility and equipment mitigation fee to be assessed and levied upon the owner of property pursuant to the provisions of this chapter at the time of a change in use of an existing building on such property from a nonresidential use to a residential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code, the owner of the property shall be entitled to a credit against such fee in an amount equal to the fire facility and equipment mitigation fee that would be charged for the previous nonresidential use. However, no such credit shall exceed the amount of such fee, nor shall any credit be transferable from one property to another property. (Ord. No. 2006-002, § 1, 2-13-06)

Notwithstanding any provisions of this chapter to the contrary, a fire facility and equipment mitigation fee shall not be assessed and levied upon the owner of property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

A. The construction of a building or structure located on the property that was damaged or destroyed by fire or other casualty or that was voluntarily demolished during the prior three-year period; provided, however, that where a residential building damaged or destroyed by fire or other casualty, or voluntarily demolished, is reconstructed with one or more dwelling units in addition to the number of dwelling units in the damaged, destroyed or demolished building, a fire facility and equipment mitigation fee shall be assessed and levied upon the owner of such building or structure for each such additional dwelling unit; and provided, further, that where a nonresidential building or structure damaged or destroyed by fire or other casualty, or voluntarily demolished, is reconstructed with a building or structural area greater than the area in the damaged, destroyed or demolished building or structure, a fire facility and equipment mitigation fee shall be assessed and levied upon the owner of such nonresidential building or structure for all additional area within the reconstructed building or structure;

B. The construction of, expansion or addition to a city owned building or structure, or the commencement of the use of a building or structure by the city for public purposes. (Ord. No. 2006-002, § 1, 2-13-06)

The fire facility and equipment mitigation fee assessed and levied on both residential and nonresidential development shall be established by a resolution of the city council and shall be determined on the assumption that the cost of providing adequate fire facilities and equipment for each unit of new residential and nonresidential development should be equivalent to the cost of replacing the city’s existing fire facilities and equipment that is allocable to each unit of existing residential and nonresidential development within the city, calculated by:

Dividing the total estimated replacement costs of all existing fire facilities and equipment within the city by the total number of existing single-family dwelling units within the city, and in the case of multifamily residential dwelling units and all nonresidential dwelling units, the total number of existing single-family dwelling unit equivalents located within the city. (Ord. No. 2006-002, § 1, 2-13-06)

A. If, on July 1st following the city council’s adoption of a resolution establishing the amount of the fire facility and equipment mitigation fee to be assessed and levied pursuant to the provisions of this chapter, or on July 1st of any year thereafter, there has been an increase in building construction costs within the city, the fire chief, without any further action by the city council, shall increase that portion of the fire facility and equipment mitigation fee and, where appropriate, that portion of the fee credits provided for by this chapter that is allocable to building construction costs in an amount proportional to the increase in such costs. The determination of whether there has been an increase in building construction costs and the amount of the increase in the fire facility and equipment mitigation fee and fee credits that is proportional to the increase in such costs shall be based exclusively on the net percentage increase during the preceding year in the Engineering News-Record Construction Cost Index for Los Angeles (based on 1913 U.S. average = 100) as published in the Engineering News-Record/McGraw Hill Construction Weekly.

B. Similarly, if, on July 1st following the city council’s adoption of a resolution establishing the amount of the fire facility and equipment mitigation fee to be assessed and levied pursuant to the provisions of this chapter or, on July first of any year thereafter, there has been an increase in the cost of acquiring fire equipment, the fire chief, without any further action by the city council, shall increase that portion of the fire facility and equipment mitigation fees and, if appropriate, that portion of the fee credits that is allocable to the acquisition of such equipment in an amount proportional to the increase in such costs. The determination of whether there has been an increase in the cost of acquiring fire equipment and the amount of the increase in the fire facilities equipment fees or fee credits that is proportional to the increase in such costs shall be made by the fire chief based exclusively on the net percentage increase during the preceding year in the Consumer Price Index published by the Federal Bureau of Labor Statistics for all Urban Consumers – U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such Consumer Price Index that measures the cost of living in U.S. cities. (Ord. No. 2006-002, § 1, 2-13-06)

During the fifth year following the city council’s adoption of a resolution initially establishing the amount of the fire facility and equipment mitigation fee in the manner provided by this chapter, and every fifth year thereafter, the city manager shall cause the fire facility and equipment mitigation fees authorized by this chapter to be recalculated in the manner required by the chapter and shall cause such recalculated fees to be incorporated into a proposed resolution amending such fees, and shall present the proposed resolution to the city council for consideration and adoption. However, the failure of the city manager to recalculate such fees and present such proposed resolution to the city council, and/or the failure of the council to adopt such resolution, shall not invalidate the existing fire facility and equipment mitigation fee then in effect. (Ord. No. 2006-002, § 1, 2-13-06)

The fire facilities and equipment mitigation fee provided for by this chapter supersedes and replaces the Wells and Saticoy deficiency fee for fire protection improvements that was adopted by City Council Resolution 96-111, which fee is hereby rescinded. (Ord. No. 2006-002, § 1, 2-13-06)

The fire facility and equipment mitigation fee assessed and levied pursuant to the provisions of this chapter shall be due and payable as follows:

A. Where a fire facility and equipment mitigation fee is assessed and levied upon the owner of property located within the city at the time of the construction of a new building or structure on such property, or at the time an alteration or addition is made to an existing building or structure on the property, such fee shall be due and payable prior to the issuance of a building permit for such new building or structure, or alteration or addition to such existing building or structure, unless the project has entered into a fee deferral agreement with the city in accordance with Chapter 4.205.

B. Where a fire facility and equipment mitigation fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon which does not require a building permit, such fee shall be due and payable prior to the issuance of a certificate of occupancy for such changed or expanded use, unless the project has entered into a fee deferral agreement with the city in accordance with Chapter 4.205.

C. However, where a building and equipment fee is assessed and levied upon the owner of property located within the city at the time of a change or expansion in the use of such property or any building or structure located thereon that requires neither a building permit nor a certificate of occupancy, then such fee will be due and payable prior to the commencement of the changed or expanded use, unless the project has entered into a fee deferral agreement with the city in accordance with Chapter 4.205.

D. Deferral of Impact Fee. The payment of the fire facility and equipment mitigation fee may be deferred for qualifying projects subject to the requirements of Chapter 4.205. (Ord. No. 2006-002, § 1, 2-13-06; Ord. No. 2024-006, § 4, 10-22-24)

All revenues received by the city from fire facility and equipment mitigation fees assessed and levied pursuant to the provisions of this chapter shall be deposited in a city fire facility and equipment interest accruing fund and used solely for the purpose of acquiring and/or constructing fire facilities and/or purchasing or fabricating fire equipment. (Ord. No. 2006-002, § 1, 2-13-06)