Willits Municipal Code Ch. 15.06 Little Lake Fire District Impact Fees

Footnotes:

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Editor's note— Ord. No. 2021-01, adopted May 26, 2021, set out provisions intended for use as 15.02.061. For purposes of classification and at the editor's discretion, these provisions have been included as ch. 15.06, §§ 15.06.010—15.06.130.

This chapter sets forth the requirements for establishing and administering development impact mitigation fees imposed by the City of Willits ("city") on behalf of the Little Lake Fire Protection District ("district"). The district requests the establishment and administration of a development impact mitigation fee because the district lacks statutory authority to impose development impact mitigation fees independently, and the district has prepared all of the supporting documentation to support the findings required to establish the fee, collect the fee and comply with all necessary reporting and accounting procedures for the fee. The district has prepared the required documentation to comply with the California Mitigation Fee Act (Government Code §§66000-66025).

(Ord. No. 2021-01, 5-26-2021)

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.

"Agriculture" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products, including storage coolers. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged; nor shall it be a place used by the public.

"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 service boundaries of the district which requires the issuance of a building permit.

"District" means the Little Lake Fire Protection District, which is an independent District organized under the 1987 Fire Protection District Laws (Health and Safety Code §§13800 et seq.).

"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 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 district in their resolution and nexus study.

"Fire impact fee" or "fee" means a monetary exaction, other than a tax or a special assessment, that the city imposes in connection with the approval of a development project to defray all, or a portion of, the cost of fire facilities, apparatus, and equipment related to the development project on behalf of district.

"Industrial" means manufacturing construction.

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

"Multi-family 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.

"Warehouse/distribution" means buildings devoted to the storage or distribution of non-agricultural products. A distribution center for a set of products is a warehouse or other specialized building, which is stocked with products or goods to be redistributed to retailers, wholesalers, or directly to consumers.

(Ord. No. 2021-01, 5-26-2021)

At the request of the district and in compliance with the Mitigation Fee Act (California Government Code §§66000-66025), the city council hereby establishes a development impact fee collected on behalf of the district upon the issuance of all building permits for new development within the service boundaries of the district.

A. Fees:

NOTE 1: The fee for an accessory dwelling unit shall be imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than seven hundred fifty square feet of living area are exempt.

B. Findings: On July 14, 2020, pursuant to Government Code section 66001(a), the district considered its consultants' nexus study to make 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. No. 2021-01, 5-26-2021)

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 district's nexus study.

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 the district's resolution and nexus study.

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 district's resolution and nexus study.

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 district's resolution and nexus study.

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 reduced safety, inadequate fire protection deteriorating to the point where district' public facilities cannot be safely maintained to meet the needs of the new population and new development.

(Ord. No. 2021-01, 5-26-2021)

The city may impose the fees on behalf of the district, and the district may collect the fees, pursuant to a written administration agreement between the city and the district. The agreement shall clearly define the rights and duties of each party and shall provide for the district to defend, indemnify and hold the city, its officers, agents and employees harmless from and against any and all liability, loss, damage, claims, judgments, costs, staff time, losses, expenses and any other costs of defense arising out of, resulting from, or related to the creation, establishment, modification, and imposition of fees on its behalf or any other obligation of district or city under the agreement impose the fees on behalf of district in compliance with the Mitigation Fee Act. The district shall ensure that any fee collected on their behalf comply with the Mitigation Fee Act.

(Ord. No. 2021-01, 5-26-2021)

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

2. 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. No. 2021-01, 5-26-2021)

Fees established pursuant to this chapter shall be adjusted automatically without any further action by the city council on January 1 of every year by the net percentage change during the preceding fiscal year in the Engineering News-Record Construction Cost Index, or its successor publication.

(Ord. No. 2021-01, 5-26-2021)

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, 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 thirty calendar days of the expiration of the permit.

In the event any fee collected pursuant to this chapter remains unexpended in the fund established pursuant to this chapter, the city council, in cooperation with the district, 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 fund. 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, accounting, and refund of any fees imposed pursuant to this chapter.

(Ord. No. 2021-01, 5-26-2021)

A fee credit shall be given for demolished existing square footage as part of a new development project.

(Ord. No. 2021-01, 5-26-2021)

If a developer dedicates land, constructs fire facilities, or provides fire equipment or apparatus for the district, 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. No. 2021-01, 5-26-2021)

The following shall be exempted from payment of the fee:

A. A structure owned by a governmental agency.

B. An accessory dwelling unit that is less than seven hundred fifty square feet.

(Ord. No. 2021-01, 5-26-2021)

1. A fee collected pursuant to this chapter, together with any interest, shall be maintained and accounted for by the district in a separate fund to avoid commingling of such funds with other revenues.

2. The district shall remit two percent of fee proceeds to the city to recover reasonable city administrative costs associated with the implementation of this chapter.

(Ord. No. 2021-01, 5-26-2021)

For all fees established pursuant to this chapter shall, within one hundred eighty days after the last day of each fiscal year, the district and city shall make available to the public information required by Government Code section 66006(b). The district shall provide its annual report to the Willits City Administrator's Office no later than ninety days after the last day of each fiscal year, so the city manager's office has sufficient time to submit the report to the city council for consideration in an open and public meeting pursuant to Government Code section 66006(b).

(Ord. No. 2021-01, 5-26-2021)