Yolo County Municipal Code Ch. 16 Fire District Development Impact Mitigation Fees

(a) The purpose of this Chapter is to implement the Yolo County General Plan policy providing for the adoption of development impact mitigation fees and for the collection of said fees at the time of the issuance of building permits. Subject to the requirements of this Chapter, said fees are to be collected by or allocated to a fire district within the County of Yolo for the acquisition of capital facilities in order to ensure the provision of the capital facilities necessary to maintain current levels of fire protection services necessitated by new Development (as hereinafter defined).

(b) The Board of Supervisors of the County of Yolo finds and declares as follows:

(1) Adequate fire protection facilities must be available to serve new Development.

(2) New Development requires the construction or expansion of fire protection facilities and the acquisition of equipment.

(3) In many areas of the County, property taxes and fire suppression assessments currently collected by the agencies providing fire protection services are insufficient to provide funds for expansion or construction of fire facilities and purchase of equipment necessitated by new Development, resulting in the potential for inadequate fire protection coverage for the new Development and the growing population.

(4) The above conditions, if not addressed, could place Yolo County 's growing population in a condition that is potentially perilous to its health and safety.

(5) The impacts of Development on the existing fire protection facilities and equipment cannot be alleviated without County involvement.

(6) For the above reasons, new methods for financing fire protection facilities and equipment necessitated by Development are needed in Yolo County.

(7) The provisions of this Chapter provide one such method, by permitting the imposition of fire district development impact mitigation fees when the conditions justifying the imposition of such fees exist as specified hereinafter and when the procedures for such imposition have been followed as specified hereinafter. (§ 1, Ord. 1313, eff. February 5, 2004)

(a) Any agreement existing prior to the operative date of this Chapter between an applicant for Development and a Fire District pertaining to the dedication of land or payment of fees for fire facilities and equipment to serve the property that is the subject of the application, or any portion thereof, shall satisfy the requirements of this Chapter.

(b) If land, facilities or equipment has been dedicated or donated to, and accepted by, the Fire District as a condition of approval of a discretionary permit, such dedication or donation may be considered by the Board of Supervisors as satisfying the requirements of this Chapter. (§ 1, Ord. 1313, eff. February 5, 2004)

Whenever the following words are used in this Chapter, they shall have the meaning ascribed to them in this section.

(a) “Development” means all construction for which a County building permit or other permit is required.

(b) “Board” means the Board of Supervisors of the County of Yolo .

(c) “Other permits” means County major and minor use permits.

(d) “Clerk” means the Clerk of the Board of Supervisors of the County of Yolo .

(e) “Fire District” and “District” means any special district providing fire protection services within the unincorporated area of the County.

(f) “Facilities and Equipment” means any long-term capital facilities and equipment used by a Fire District for fire suppression or emergency medical services including station construction, station expansion and fire or emergency medical apparatus. (§ 1, Ord. 1313, eff. February 5, 2004)

(a) There shall be exempt from the requirements of this Chapter, building permits for the following types of development:

(1) Piers, ramps, boat lifts, docks, suspended platforms and pilings.

(2) Certain agricultural structures as defined by the Uniform Building Code shall be exempt from the fees provided in this chapter.

(b) The requirements of this Chapter shall not apply to buildings constructed for governmental uses.

(c) Where a permit to construct any Development is issued within two (2) years after demolition on the same lot, or 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 chapter shall be reduced by the number of square feet which were demolished or destroyed. (§ 1, Ord. 1313, eff. February 5, 2004)

(a) This Chapter shall become applicable to Development within the boundaries of a Fire District when the following events set forth in subsections (b) through (e) occur.

(b) The governing body of a Fire District adopts a resolution making the following findings:

(1) The District does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new Development within the District’s boundaries.

(2) The District does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other appropriate sources.

(3) The lack of fire protection facilities and equipment to serve new Development would create a situation perilous to the public health and safety if fire mitigation fees are not levied within the district.

(c) The Fire District resolves as follows:

(1) The District requests that the County impose a specified percentage of the fire mitigation fee ceiling on the District's behalf upon applicants for building permits or other permits for Development.

(2) Mitigation fees paid under this Chapter shall only be used to expand the availability of capital facilities and equipment to serve new Development.

(3) The District shall deposit all funds collected under this Chapter with the County Treasurer , and all interest subsequently accrued by the District on these funds, in a separate budget accounting category to be known as the “Yolo County Fire Mitigation Fee.”

(4) The District shall expend funds from said “Yolo County Fire Mitigation Fee” budget accounting category only for those purposes of providing capital facilities and equipment to serve new Development.

(5) The District shall submit a Fire Mitigation Fee Annual Report no later than October 31 of each year to the Clerk. Said report shall include, but not be limited to, the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the District plans to take to alleviate the facility and equipment needs caused by new Development in a capital fire facilities and equipment plan adopted at a noticed public hearing. The District shall make available, upon request by the Clerk, a copy of its annual audit report.

(6) The District shall make available to the public on request its records that justify the basis for the fee amount.

(7) The District shall defend, indemnify and hold harmless the County, its officers, officials, employees, agents and volunteers, from and against any and all demands, claims, actions, litigation or other proceedings, liability, damages and costs (including but not limited to attorney fees) that are based in whole or in part upon the levy, imposition, collection or payment of the fees, or the denial of a permit until the fee is paid, excepting only matters that are based upon the County's gross negligence or willful misconduct.

(8) The District shall make findings, with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The District shall refund to the then current record owner or owners of the Development project or projects on a prorated basis, the unexpended or uncommitted portion of the fee and any interest accrued thereon, for which need cannot be demonstrated.

(d) The governing body of the Fire District adopts a capital fire facility and equipment plan in accordance with Government Code Section 66002 at a noticed public hearing.

(e) The governing body of the Fire District sends a certified copy of the resolution and the capital fire facility and equipment plan to the Clerk, and the resolution and plan are approved by the Board of Supervisors as set forth in this subsection. The Clerk shall agendize said resolution and capital fire facilities and equipment plan for the Board's approval at a public hearing noticed in the manner required by Government Code Section 66002(b). At the close of the public hearing thereon, the Board may approve said resolution and capital fire facilities and equipment plan if it finds that said documents meet the requirements of this ordinance, the Yolo County General Plan and Government Code Section 66000 et seq. The provisions of this Chapter shall be applicable to all building permits and other permits issued for new construction within the boundaries of the Fire District thirty (30) days after the Board's approval. Each District shall notify the County Building Official of the effective date of its mitigation fee.

(f) By March 31 of each year following the year of the original adoption of a resolution and approval by the Board pursuant to this Section, the District may submit a copy of a new resolution and a new capital facility and equipment plan adopted and approved, respectively, by the District's governing body as set forth hereinabove and setting the amount of the fire mitigation fee requested by the District. If, the resolution proposes to increase the fire mitigation fee from that previously approved by the Board, said resolution shall only become effective if approved by the Board in the manner set forth in subsection (e)above. This revision shall be effective the following July 1. (§ 1, Ord. 1313, eff. February 5, 2004)

(a) Prior to the issuance of any building permit or other permit for Development, the applicant shall pay to the District the fees prescribed by the Fire District resolution as approved by the Board, and shall present written evidence to the County that the provisions of this Chapter have otherwise been satisfied with respect to the Development for which permits are sought.

(b) The amount of such fees shall be determined by the Fire Mitigation Fee in effect on the date of the payment of fees for an un-expired plan check.

(c) When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, the fee payment shall not be required.

(d) In the event that subsequent Development occurs with respect to property for which fees have been paid, additional fees shall be required only for additional square footage of Development that was not included in computing the prior fee. (§ 1, Ord. 1313, eff. February 5, 2004)

Any Fire District receiving funds pursuant to this Chapter shall deposit all such funds, and all interest subsequently accrued by the District on these funds, with the County Treasurer in a separate budget accounting category to be known as the “Yolo County Fire Mitigation Fee.” By October 31 of each year, each District receiving funds pursuant to this Chapter shall file a report with the Clerk on the balance in the account at the end of the previous fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the District plans to take to alleviate the facility and equipment needs caused by new Development. (§ 1, Ord. 1313, eff. February 5, 2004)

The County may charge, for its services in administering this Chapter, an administrative charge of up to two (2) percent of the fees collected and deposited pursuant to this Chapter, and may cause the County Treasurer to deduct such amount from the fees and accrued interest on deposit with the Treasurer. (§ 1, Ord. 1313, eff. February 5, 2004)

With the exception of the administrative charge provided for herein, all fees collected pursuant to this Chapter, including any interest accrued thereon, shall be expended by the District exclusively to plan, design, acquire or lease used by the District for the purpose of providing for capital facilities and equipment. (§ 1, Ord. 1313, eff. February 5, 2004)

Fee collection as to any Fire District shall terminate as follows:

(a) If, by March 31 of any year following the year of the original adoption of a resolution and capital fire facility and equipment plan pursuant to Section 3-16.05 which were approved by the Board, the Fire District has not submitted a copy of a new resolution and capital fire facility and equipment plan pursuant to Section 3-16.05, fee collection shall terminate July 1 of said year.

(b) If, at any time, the governing body of a Fire District submits a copy of a resolution to the Clerk requesting termination of fee collection, fee collection shall terminate thirty (30) days from the date of receipt by the Clerk.

(c) Each District shall notify the County Building Official of the effective date of its termination of fee collection. (§ 1, Ord. 1313, eff. February 5, 2004)

(a) A person or entity who proposes to construct a Development and has received a preliminary estimate of the fee due under this Chapter may file a written appeal requesting a fee reduction. The appeal shall be filed with the County Administrative Officer within thirty (30) days after filing the building permit application. The fee reduction may be requested on the grounds that: (A) the Development has been inappropriately classified in determining the fee amount; or (B) the Development’s impact on population, employment or use of facilities will, as a result of exceptional circumstances not taken into account in adopting the fee, be less than the impact projected for the use category in which the impacting development falls. The burden of proof in establishing these grounds shall be on the person filing the request.

(b) The appeal shall contain such information as the County and affected fire district may reasonably require.

(c) The appeal shall be presented to and considered by a subcommittee consisting of the fire chief or designee, the Chief Building Official or designee, and the County Administrative Officer or designee. Oral and written evidence may be presented by any party at such hearing. The hearing may be continued from time to time as is deemed necessary. The Subcommittee shall issue a written decision on the appeal no later than fifteen (15) days after the hearing is closed. The Subcommittee decision shall be a final administrative decision, unless appealed to the fire district board within the time and in the manner set forth hereinafter.

(d) The Subcommittee’s decision may be appealed to the fire district board by filing, not later than fifteen (15) days after the Subcommittee issues its written decision, a written appeal with the clerk of the fire district board. The fire district board may decide such appeal based on the material which formed the record before the Subcommittee, or may determine the appeal de novo based on the record before the Subcommittee and evidence presented at a hearing before the board. The fire district board shall issue a written decision on the appeal no later than sixty (60) days after it is filed, or not less than sixty (60) days after completion of a de novo hearing, whichever is later. The fire district board’s written decision shall be a final administrative decision.

(e) Any appeal to the fire district board shall be accompanied by a fee in the amount which is necessary to recover the costs of processing the appeal. Such fee shall be established by resolution of the fire district board. (§ 1, Ord. 1313, eff. February 5, 2004)