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Home My WebLink AboutORDINANCES - 06101986 - 86-49 ORDINANCE NO. 86-49 (Fire Prot�ec`t i on"'feveTopment Fees ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code ) : SECTION I . SUMMARY. This ordinance allows the establishment of deveTopment Tire facility fees in areas of the county where there are not adequate facilites to serve those areas and to implement the general plan ' s fire protection community facilities element . SECTIONN 11 . Division 818 is added to the County Ordinance Code to read: DIVISION 818 COMMUNITY FACILITY FEES CHAPTER 818-2 FIRE PROTECTION FACILITIES ARTICLE 818-2 GENERAL 818-2 . 202 Purpose and intent . The purpose of this chapter is to provide a methodtor f�'ancing 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 pro- vide these facilities and services would place residents of the completed construction and service area in a condition perilous to their health and safety. (Ord .86-49. ) 818-2 . 204 General Elan . The fire protection plan part of the community facilitiess eTement 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 facili- ties consistent with the general plan . (Ord .86-49. ) 818-2 . 206 Regulations. The board may from time to time , by resolution , issue regulations to establish administration, proce- dures , interpretation and policy direction for this chapter . (Ord .86-49. ) ARTICLE 818-4 DEFINITIONS 818-4. 202 Generally. Unless otherwise specifically provided, or require FEy The context , the following terms have the meanings set forth in this article for the purposes of this chapter . (Ord.86-49. ) 810-4.204 Fire District . "Fire District" means a district in this county organized under the Fire Protection District Law of 1961 . (Ord. 86-49) 818-4 . 206 Fire Protection Facilities . "Fire Protection Facilities" means fire stations ( including furnishings 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 givengs�r�v9ice area . (Ord . . ) 818-4 . 208 Floor Space . "Floor space" means " floor area" as the Tetter term's de Tned in Section 407 of the Uniform Building Code V6 % opted by Division 74 of this code . {Ord, . ) 818-4.210 New Construction. a . Residential . "New construction ," when applied to the construction of residential buildings or the installation of mobi- lehomes , 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 . (Ord .86-49. ) 818-4 . 212 Overextended. A service area' s fire protection facilities are 'Tonerextended ," 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 , pre- sent and expected population growth and density, geographical con- ditions , water supply , and implementation of the. fire protection plan part of the community facilities element of the county' s gener�l6-�F�an . (Ord . �^. ) 818-4 . 214 Service Area . The "service area" for given fire protection facilities is that geographical area within a fire district , including both incorporated and unincorporated terri- tory, 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 boundries of a given service area shall be finally determined by the Board of Supervisors and may include an entire district . (Ord 86-49. ) ARTICLE 818-6 FEES 818-6. 202 Requirement . 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 . (Ord. 86-49. ) 818-6. 204 Residential Credit . With respect to residential buildings or mobilehomes constructed or installed within a deve- lopment where the development was approved subject to the con- dition that the developer pay fire protection facilities fees (which have been paid to the involved district ) , a credit shall be given against Section 818-6 .202 ' s fee on account of such paid fees . -2- ORDINANCE NO. 86-49 818-6 . 208 Use of Fee . All fire protection facilities fees colldcTed puesuenT—To+'TFiis chapter shall be deposited in a restricted account within the County treasury. All moneys depo- sited 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 . (Ord .86-49, ) 818-6. 210 Administration Fee . In addition to the fire pro- tection�facilities fee imposed by Section 818-6 . 202 , an admi- nistration fee shall also be paid as a condition precedent to the issuance of any building permit for new construction . The admi- nistration 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 provi - sions of this chapter . (Ord . 86-49, ) 818-6 . 212 Refund. a . Error . Any fee erroneously collected under color of this chapter shall be refunded without interest to the payor if , within 180 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 818-6 . 202 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 pur- suant thereto and if the payor files a written application for the refund with the director of building inspection within 180 calen- dar days after such cancellation or expiration . (Ord .8b-49 . ) 818-6 . 214 . Acceptable Agreement . 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 5818-6 . 202 . Before accepting such an agreement , the planning agency shall be satisfied that the agreement is enfor- ceable and provides for facilities consistent with this chapter ' s requirements . (Ord . 86-49. ) ARTICLE 818-8 FIRE DISTRICTS 818-8 . 202 Findings and notice . Pursuant to this chapter , the board o 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 . (Ord .86-49 . ) 818-8 . 204 Report requirements . Any notice of findings ' report sent by a fire distri—ct to the county shall specify: -3- ORDINANCE NO. 86-49 J a . Description . A legal description and map of the geographic boundaries of the proposed service area or. areas . b . Findings . The findings of Section 818-8 . 202 and sup- porting 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 ele- ment of the general plan . c . Costs . Estimates of the total cost of additional fire protect facilities needed to mitigate the overextended area' s facilities and the portion of that total cost proposed to be allo- cated to , and collected from new residential and nonresidential construction . These estimates and allocations shall have accom- panying documentation showing generally how they were established. d . fees . A schedule of proposed fees for each type of new construction . e . General Plan . How 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 . (Ord .86-49 . ) 818-8 . 206 Fire chief . The involved district fire chief shall, at least 14 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 . (Ord.86-49 : Govt . C. 565962 . ) ARTICLE 818-10 BOARD OF SUPERVISORS 818-1002 County_Concurrence . After the receipt of any notice of findings ' report complying with the requirements of Section 818-8 . 204 , 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 . (Ord . 86-49.. ) 818-1004 Notice of meeting. The clerk of the Board shall at least 14daysprior to the public meeting: a . Cause notice of the meeting to be published one time in a newspaper of general circulation .* b. 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 . (Ord . 86-49: Govt . C SS54986 (a ) do 54992 (a ) ) 818-1006 Meeting. At the scheduled meeting , the board shall consider the report , data filed , and any oral or written presen- tations that may be made . The board may then concur with the report and then adopt , revise or reduce the proposed fees . The -4- ORDINANCE NO. 86-49 board , by ordinance, shall determine the existence of over- extended 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 , these fees shall be collected in the specified service area (s ) pursuant to Section 818-6. 202 . (Ord . 86-49: Govt .C. 565962 . ) SECTION 1II . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage and within 15 days after passage shall be published once , with the names of the supervisors voting for and against it , in the Contra_Costa_Times______, a newspaper published in this County . PASSED on -June-10 10 1986 _v by the following vote: -.-.��. -.-.�.�.-. AYES : Supervisors Fanden , McPeak , Schroder , Torlakosn , Powers . NOES : None , ABSENT: None , ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: 1 i��c�llz� Deputy — — __---------- B and Chair VJW: df [SEAL] ( 9-30-85 ) ( 12-31-85 ) (4-3-86 ) -5- ORDINANCE NO. 86-49.. ---------------