Article 818-2.2. General

The purpose of this chapter is to provide a method for financing fire protection facilities required by the goals and policies of the general plan and necessitated by the needs of new construction and development for adequate fire protection facilities and services. Failure to provide these facilities and services would place residents of the completed construction and service area in a condition perilous to their health and safety.

(Ords. 90-35, 86-49).

The fire protection plan part of the community facilities element of the county's general plan provides for the location of fire station and facilities. Fees collected pursuant to this chapter shall be used for fire protection facilities consistent with the general plan.

(Ords. 90-35, 86-49).

The board may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter.

(Ords. 90-35, 86-49).

Article 818-2.4. Definitions

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this article for the purposes of this chapter.

(Ords. 90-35, 86-49).

"Fire district" means a district in this county organized under the Fire Protection District Law of 1967.

(Ords. 90-35, 86-49).

"Fire protection facilities" means fire stations (including furnishing and fixtures), sites, appurtenant equipment (including vehicles), and appropriate share of central facilities (administration, dispatch, repair shop, and training) which are designed, developed and used to provide the full spectrum of fire protection services to a given service area.

(Ords. 90-35, 86-49).

"Floor space" means "floor area" as the latter term is defined in Section 407 of the Uniform Building Code as adopted by Division 74 of this code.

(Ords. 90-35, 86-49).

(a)

Residential. "New construction," when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot.

(b)

Nonresidential. "New construction," when applied to the construction or installation of nonresidential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot.

(Ords. 90-35, 86-49).

A service area's fire protection facilities are "overextended," when determined not to be adequate by the involved fire district and the board of supervisors, following review and acceptance of a district-prepared report on fire facility needs which considers factors including current and needed fire protection and station facilities, response time, present and expected population growth and density, geographical conditions, water supply, and implementation of the fire protection plan part of the community facilities element of the county's general plan.

(Ords. 90-35, 86-49).

The "service area" for given fire protection facilities is that geographical area within a fire district, including both incorporated and unincorporated territory, within which the fire protection facilities are located and to which the fire protection facilities are the primary provider of fire protection services. The precise boundaries of a given service area shall be finally determined by the board of supervisors and may include an entire district.

(Ords. 90-35, 86-49).

Article 818-2.6. Fees

Within the unincorporated portion of any. service area for which existing fire protection facilities are overextended, a fire protection facilities fee computed pursuant to this chapter shall be paid as a condition precedent to the issuance of any building permit for new construction.

(Ords. 90-35, 86-49).

With respect to residential buildings or mobilehomes constructed or installed within a development where the development was approved subject to the condition that the developer pay fire protection facilities fees (which have been paid to the involved district), a credit shall be given against Section 8 18-2.602's fee on account of such paid fees.

(Ords. 90-35, 86-49).

All fire protection facilities fees collected pursuant to this chapter shall be deposited in a restricted account within the county treasury. All moneys deposited in such account together with any interest earned thereon, shall be used only for the purposes of acquiring or improving fire protection facilities serving the service area, or portions thereof, from which the fees were collected.

(Ords. 90-35, 86-49).

In addition to the fire protection facilities fee imposed by Section 818-2.602, an administration fee shall also be paid as a condition precedent to the issuance of any building permit for new construction. The administration fee shall be in an amount equal to the estimated average cost, as determined by the board of supervisors from time to time, of processing such permit in accordance with the provisions of this chapter.

(Ord. 90-35, 86-49).

(a)

Error. Any fee erroneously collected under color of this chapter shall be refunded without interest to the payor if, within one hundred eighty calendar days after the date on which such fee was deposited in the county treasury, the payor files a written application therefor with the director of building inspection and provides proof of such error satisfactory to the director of building inspection.

(b)

Permit Termination. Any fire protection facilities fee collected pursuant to Section 818-2.602 shall be refunded without interest to the payor if the building permit to which it relates is cancelled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the director of building inspection within one hundred eighty calendar days after such cancellation or expiration.

(Ords. 90-35, 86-49).

Where an involved fire district and the developer of proposed new construction have entered a written secured agreement for the developer's provision of fire protection facilities, the planning agency may accept that agreement as satisfying this chapter and in lieu of the fees required by Section 8 18-2.602. Before accepting such an agreement, the planning agency shall be satisfied that the agreement is enforceable and provides for facilities consistent with this chapter's requirements.

(Ord. 90-35, 86-49).

Article 818-2.8. Fire Districts' Findings

Pursuant to this chapter, the board of directors, commissioners or fire chief of a fire district may make findings supported by documentation that fire protection facilities within a service area or areas are overextended. Upon making these findings, the fire district must provide the county with a notice of findings' report.

(Ords. 90-35, 86-49).

Any notice of findings' report sent by a fire district to the county shall specify:

(1)

Description. A legal description and map of the geographic boundaries of the proposed service area or areas.

(2)

Findings. The findings of Section 818- 2.802 and supporting documentation which considers factors, including current and needed fire protection and fire station facilities to mitigate the overextended area's facilities, response time, present and expected population growth and density, geographical conditions, water supply, staffing levels, support facilities impact, building construction type, incident type and frequency, and implementation of the fire protection plan part of the community facilities element of the general plan.

(3)

Costs. Estimates of the total cost of additional fire protection facilities needed to mitigate the overextended area's facilities and the portion of that total cost proposed to be allocated to, and collected from, new residential and nonresidential construction. These estimates and allocations shall have accompanying documentation showing generally how they were established.

(4)

Fees. A schedule of proposed fees for each type of new construction.

(5)

General Plan. I-low fire protection facilities proposed to be constructed or acquired by fees collected in the service area or areas will be consistent with and implement the general plan.

(Ords. 90-35, 86-49).

The involved district fire chief shall, at least fourteen days prior to any scheduled board of supervisors' public meeting on a notice of findings' report, file with the clerk of the board data indicating the proposed fees, the cost or estimated cost of providing the fire protection facilities in the service area and anticipated revenue sources. This data may be contained in the filed notice of findings' report.

(Ords. 90-35, 8649. Gov. Code § 65962).

Article 818-2.10. Review by Board of Supervisors

After the receipt of any notice of findings' report complying with the requirements of Section 818-2.804, the board shall determine whether it concurs with the fire district. Before concurring and taking action pursuant to this article, the board shall schedule and hold a public meeting on the report.

(Ords. 90-35, 8649).

The clerk of the board shall at least fourteen days prior to the public meeting:

(1)

Cause notice of the meeting to be published one time in a newspaper of general circulation.

(2)

Mail notice of the public meeting to any interested party who has filed a written request for mailed notice with the clerk of the board.

(Ords. 90-35, 8649: Gov. Code §§ 554986(a) & 54992(a)).

At the scheduled meeting, the board shall consider the report. data filed, and any oral or written presentations that may be made. The board may then concur with the report and then adopt, revise or reduce the proposed fees. The board, by ordinance, shall determine the existence of overextended fire facilities, designation of specific service area(s). the amount of fees for each type of new construction, and establishment of an administrative fee amount. On and after the effective date of the ordinance codified in this division. these fees shall be collected in the specified service area(s) pursuant to Section 818-2.602.

(Ord. 90-35, 86-49 Gov. Code § 65962).