Yuba County Municipal Code Ch. 10.35 Fire Mitigation

The Board of Supervisors of Yuba County does hereby find and declare that new buildings and improvement projects contribute to the increase for potential fire danger in Yuba County and that in the best interest of the citizens of the County and to promote and protect the health and welfare of the residents of Yuba County it is necessary that persons who carry out such projects within the County pay a reasonable fee to mitigate such fire danger.

(Prior Code, § 10.35.010; Ord. No. 1297)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Agricultural building means any miscellaneous building or structure that is associated with a farm or ranch enterprise that is not a residential structure, apartment, duplex, triplex, or four-plex as defined in this Chapter, nor is it a garage or a carport associated with these buildings or structures. The farm or ranch enterprise may be for income or hobby purposes where permitted by zoning. For the purpose of this Chapter an agricultural building may include a place of employment where agricultural products are processed, treated, or packaged as part of the agricultural process, but not for commercial purposes.

(2) Apartments means one building providing five or more separate dwelling units but not including condominiums as defined herein.

(3) Areas served by fire hydrant or hydrant areas means having a fire hydrant no further than 500 feet from the subject structure, except that for commercial, industrial and institutional and improvements appurtenant thereto, such terms are defined as having a fire hydrant no further than 300 feet from the subject structure. The areas not so served are "non-hydrant areas."

(4) Attached structures, commercial and industrial, means any structure erected within 50 feet of a "commercial building" (as defined in this Section), or "industrial building" (as defined in this Section) shall be deemed to be attached to the commercial building or industrial building, as the case may be, and the square footage of such attached structure shall be added to the square footage of the commercial building or industrial building and included within the calculation of fire mitigation fees paid with respect to the property containing the commercial building or industrial building, as the case may be. By way of example, if a 3,000-square-foot commercial building is erected within 50 feet of an 800-square-foot structure, the 800-square-foot structure shall be deemed attached to the commercial building and a fire mitigation fee, based upon a 3,800-square-foot commercial building shall be assessed according to the provisions of this Chapter.

(5) Attached structures, residential, means any structure erected within ten feet of any "apartment" (as defined in this Section), "condominium" (as defined in this Section), "duplex" (as defined in this Section), "fourplex" (as defined in this Section), "residential structure" (as defined in this Section), or "triplex" (as defined in this Section) are deemed attached to such structure, and the square footage of such "attached structure" shall be added to the total square footage for purposes of calculating the fire mitigation fee for the property in question. By way of example, if a 1,200-square-foot dwelling is within ten feet of a 700-square-foot structure, the 700-square-foot structure shall be deemed attached to the dwelling and a fire mitigation fee shall be assessed for a 1,900-square-foot residential structure.

(6) Building Official means the Director of the Building Department within the Community Development and Services Agency.

(7) Commercial buildings means buildings occupied or designed for occupancy by retail businesses selling either goods or services; recreation or amusement businesses; professional offices; or warehouses containing merchandise offered for sale to either retail or wholesale customers where permitted by zoning or other entitlement.

(8) Condominium means a system of separate ownership of individual units in a multiple-unit building.

(9) Duplex means one building providing two separate dwelling units.

(10) Fire hydrant means a standard hydrant approved by the responsible fire protection district, association, entity, or agency providing a minimum flow of 500 gallons per minute for 20 minutes unless otherwise agreed to by the responsible fire protection district, association, entity or agency.

(11) Fire protection service, fire protection purposes, and fire protection mean and include those services, powers and duties outlined in the Fire Protection District Law of 1987 (Health and Safety Code § 13800 et seq.).

(12) Four-plex means one building providing four separate dwelling units.

(13) Industrial buildings means those buildings which are designed for the conduct of manufacturing, milling processing or fabrication business.

(14) Institutional building means and includes buildings to be used as churches, schools, day care centers, hospitals, meeting rooms of lodges and other non-profit fraternal organizations and similar uses as determined by the Building Official.

(15) Residential structure means a structure constructed to be used primarily as a dwelling and shall include any enclosed structure or improvement attached thereto.

(16) Responsible fire protection district, association, entity or agency means that district, State agency or other entity which has accepted primary responsibility to provide fire protection to the subject structure, and includes volunteer associations which have been approved by the County Fire Warden pursuant to Section 10.35.100.

(17) Sprinkler system means a system which provides automatic water sprinkling inside of a building in case of fire. Such system shall be as defined in the Uniform Building Code as adopted and amended by the County and shall be approved by the Building Department.

(18) Triplex means one building providing three separate dwelling units.

(19) Volunteer associations means associations of volunteers formed to provide fire protection services to a specific area but not formed under the provisions of the Fire Protection District Law of 1987 (Health and Safety Code § 13801 et seq.).

Any "commercial building" or "industrial building" (including structures deemed attached to such buildings by virtue of this Subsection) that are erected within ten feet of a residential structure shall not be classified as a residential structure, but rather, for purposes of fire mitigation fees imposed pursuant to this Chapter, shall be classified as a "commercial building" or "industrial building" as the case may be.

(Prior Code, § 10.35.020; Ord. No. 1297)

This Chapter shall apply to those portions of the unincorporated area of the County specifically included by resolution of the Board of Supervisors. Such inclusion shall follow one of the following procedures:

(1) Any district, as defined in Government Code § 56036 which would be a recipient of the fees provided by this Chapter, may request inclusion by official action conveyed in writing to the Board of Supervisors.

(2) A petition for inclusion may be submitted to the Board of Supervisors, signed by registered voters in the proposed area to be included equal in number, at least, to 25 percent of the votes cast within the proposed area for all the candidates for governor at the last preceding general election at which a governor was elected. Upon receipt of such petition the Clerk of the Board must then set a public hearing upon the proposed inclusion giving notice of all pertinent information. If written protests are received prior to the conclusion of the public hearing from owners of property with a value of more than one-half of the total assessed value of the property within the proposed area the proceedings shall be terminated and may not be considered again for one year. Upon conclusion of the public hearing the Board may conclude that the area should not be included within the provisions of the Chapter or may, in the alternative, adopt a resolution fixing the boundaries of the proposed area and call and give notice of an election to be held within those boundaries to determine if the area shall be included within the provision of this Chapter. The election shall be held at the next County-wide election. Written ballot arguments for or against the proposed inclusion may be filed as provided by law. If a majority of the votes cast at the election favors the inclusion of the area, the Board shall by resolution so include the specified area.

(3) A petition for inclusion may be submitted to the Board of Supervisors, signed by registered voters in the area proposed to be included equal in number, at least, to 51 percent of all the votes cast within the proposed area for all candidates for Governor at the last preceding general election at which a Governor was elected. Upon receipt of such petition the Clerk of the Board must then set a public hearing upon the proposed inclusion giving notice of all pertinent information. If written protests are received prior to the conclusion of the public hearing, from owners of property with a value of more than one-half of the total assessed value of the property within the proposed area, the proceedings shall be terminated and may not be considered again for one year. At the conclusion of the hearing, the Board may by resolution find and determine that the subject area may be included within the terms of this Chapter without election or may call for an election to be conducted in accordance with (2) above.

(4) A petition for inclusion may be submitted to the Board of Supervisors signed by owners of real property in the area proposed to be included equal to at least 51 percent of the assessed valuation of real property within the proposed area. Upon receipt of such petition, the Clerk of the Board must then set a public hearing upon the proposed inclusion giving notice of all pertinent information. If written protests are received prior to the public hearing from owners of property with a value of more than one-half of the total assessed value of the property within the proposed area, the proceedings shall be terminated and may not be considered again for one year. At the conclusion of the hearing, the Board may by resolution find and determine that the subject area may be included within the terms of this Chapter without election or may call for an election to be conducted in accordance with Subsection (2) above.

(5) An inclusion approved pursuant to this Section shall be effective 90 days following adoption of a Resolution of Inclusion by the Board of Supervisors or 90 days following the election at which such inclusion was approved.

(Prior Code, § 10.35.030; Ord. No. 1297)

• Fees established pursuant to fire mitigation study: terms of fees otherwise established.

Fees for each fire protection district or any district authorized to provide fire protection services shall be as established in Section 13.20.200 based upon a fee study conducted pursuant to the provisions of Government Code Title 7, Div. 1, Ch. 5 (Government Code § 66000 et seq.).

(Prior Code, § 10.35.040; Ord. No. 1297)

No fee shall be required for additions to existing buildings, structures, or other improvements that were in existence prior to the effective date of this Chapter or for which fees pursuant to the Chapter have been paid; provided however, except for the fees imposed pursuant to Section 10.35.040 of this Chapter where the size of the total addition equal or exceeds 50 percent of the existing buildings, structure, or other improvement, then fees as provided herein shall be imposed upon the total additions.

(Prior Code, § 10.35.050; Ord. No. 850; Ord. No. 873; Ord. No. 1297)

Whenever a change in the use of a parcel of land occurs, which would require a fee greater than the fee which was required for the prior use, the fee shall be computed at the rate required herein for the new use, less the amount of any fees which have been previously paid for said parcel of land. In the event such fee previously paid exceeds the fee required for the purposed use, no refund of the difference shall be made.

(Prior Code, § 10.35.060; Ord. No. 1297)

For new buildings or additions containing uses in more than one category, the category having the higher corresponding fee shall be used except for home occupations as defined in Title XII of this Code, which shall be considered as a residential category.

(Prior Code, § 10.35.070; Ord. No. 873; Ord. No. 1297)

Unless otherwise provided herein the fees required by this Chapter will be due and payable to the Building Official at such time as a building permit is issued.

(Prior Code, § 10.35.080; Ord. No. 1297)

(a) Periodically but not less than quarterly, the Auditor-Controller shall direct payment of fees as follows:

(1) If the fee was collected in a special district providing fire protection services the fee shall be distributed to that district.

(2) If the fee was collected in an area covered by a volunteer association approved by the County Fire Warden pursuant to Section 10.35.100, the fees shall be paid to the County Fire Warden who shall distribute the fees one-half to the association in which collected and one-half shall be used for the joint benefit of the volunteer association.

(3) If the fee was collected in an area for which no district, entity or agency has agreed to provide primary fire protection services, the fee shall be paid to the County Fire Warden. Such fees shall be used by the County Fire Warden to provide limited fire protection services to such areas or may be used to assist local volunteer associations formed to provide such services or to encourage the formation of entities to provide fire protection services.

(b) In order to qualify for the receipt of such funds, a district, entity or agency other than the County Fire Warden must have entered into an agreement with the County. Such agreement shall include the following:

(1) That the monies will be used to provide fire protection services to the district, entity, or agency.

(2) That the County may, upon reasonable notice and during working hours, have the right to audit the books of the district, entity, or agency, ascertain compliance with the Chapter and with the agreement.

(3) Any other matters which the parties shall deem appropriate.

(Prior Code, § 10.35.090; Ord. No. 1297)

The Building Official shall keep accurate records concerning the collection of fees under this Chapter. Such records shall set forth the amount of fees paid as to each parcel of land, building, or improvement to which said fees apply, and shall also set forth the specific district or land covered by a volunteer association in which the particular land, building, or improvement is situated. To assist the Building Official in keeping such records, the County Fire Warden shall file or cause to be filed maps of volunteer associations providing fire protection services which, in the discretion of the Fire Warden have demonstrated satisfactory levels of ability to provide services to the subject area.

(Prior Code, § 10.35.100; Ord. No. 1297)

To reimburse the County for cost of administration the County shall deduct five percent for all monies collected during the first year this Chapter is in effect. After one year such percent may be adjusted from time to time by resolution of the Board.

(Prior Code, § 10.35.110; Ord. No. 1297)

All fees and credits as defined herein shall be rounded to the nearest $1.00.

(Prior Code, § 10.35.120; Ord. No. 1297)

Where the Board of Supervisors finds that such action is in keeping with the purpose and intent of the Chapter it may, by executed agreement, approve the deferment of fees required by this Chapter. Such agreement shall include the following provisions:

(1) The deferment shall be for no more than three years.

(2) During the three-year period, periodic payment shall be made.

(3) The deferment and periodic payments shall be limited to multi-unit projects which are planned for staged development.

(4) Failure to complete payment as agreed shall allow the County to place a lien on the property for the amount owing.

(Prior Code, § 10.35.130; Ord. No. 1297)

If first approved in writing by the recipient district, entity, agency, or the County Fire Warden, "in-lieu" payments to the district, entity, agency, or County Fire Warden may be credited against the fee imposed pursuant to this Chapter. "In-lieu" payments may include buildings, equipment, motor vehicles, etc. For "In lieu" payments, the County administrative cost provided in Section 10.35.110 may be deducted from any other amounts to be paid to the district, entity, or agency.

(Prior Code, § 10.35.140; Ord. No. 1297)

Whenever a subdivision is located partly within a city which has established a schedule of fees for fire protection purposes, and said city notifies the County in writing that said city will be responsible for the fire protection of said subdivision, and any other responsible fire protection district, entity, or agency agrees in writing, the City shall be authorized to collect such fees for the whole subdivision pursuant to its schedule.

(Prior Code, § 10.35.150; Ord. No. 1297)

No fee as established herein shall be required of any special district operating in Yuba County, including school districts, or, upon the approval of the Board of Supervisors, of any public entity. In addition, no fee shall be required of any district, entity, or agency providing fire protection services which would be the ultimate recipient of said fee. In addition, no fee shall be required of any volunteer association for which a map has been filed pursuant to Section 10.35.100.

(Prior Code, § 10.35.160; Ord. No. 1297)

The Building Official may waive any fire fees due and payable on the application for a building permit for a building to replace one destroyed by fire or other disaster when such application is filed within two years of said fire or other disaster; provided however, this Section shall not operate to waive any fees due and payable by reason of change in land use or zoning.

(Prior Code, § 10.35.170; Ord. No. 1297)

Except as otherwise provided in this Chapter, fees, collected and distributed under this Chapter may only be used within the area of the responsible fire protection district, entity or agency or as otherwise agreed by the district, entity or agency, provided that such fees are used within the County of Yuba and only for fire protection purposes including but not limited to, maintenance and improvement of existing fire protection facilities and the construction of new fire protection facilities. Nothing in this Section shall be construed to prevent the entering into or fulfillment of mutual aid agreements.

(Prior Code, § 10.35.180; Ord. No. 1297)

Any area included within the terms of this Chapter pursuant to Section 10.35.030 may be excluded by following any of the applicable provisions for inclusion outlined in Section 10.35.030.

(Prior Code, § 10.35.190; Ord. No. 1297)

By adoption of this Chapter the County of Yuba does not take upon itself the obligation of providing fire protection services, and neither this Chapter nor any other ordinance of the County of Yuba shall be construed as creating a right in any individual, corporation, partnership or other entity for fire protection services.

(Prior Code, § 10.35.200; Ord. No. 1297)

Any of the fees imposed by this Chapter may be waived by the Board of Supervisors upon showing of good cause. Good cause shall be shown by reference to the following criteria:

(1) A finding that such action is in keeping with the purposes and intent of this Chapter.

(2) The imposition of such fees due to special circumstances pertaining to the property or the individual will result in a hardship greater than others on whom such fees are imposed.

(3) The Fire District Board of Directors in areas served by formal fire districts or the County Fire Warden in areas not served by formal districts must have submitted a written recommendation that the fee be waived.

(Prior Code, § 10.35.210; Ord. No. 1297)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.