Chapter 4.10.1
FIRE DEPARTMENT WATER TENDER FEE
Sections:
4.10.1.05 Use of fees collected.
4.10.1.01 Water tender.
This chapter shall be known as the water tender fee. (§ 1, Ord. 02-25, eff. August 7, 2002)
4.10.1.02 Purpose.
The City hereby establishes a method for acquisition of a water tender and to accomplish the following:
(a) To ensure the provision of fire service within the City of Clovis’s sphere of influence and to continue to provide emergency service within the City’s current policy standards by providing a water tender as community growth requires;
(b) To establish a financing mechanism to purchase, equip and furnish a water tender to serve fire service areas as may be established by Council which creates as reasonably equitable system of distribution of costs based upon burdens imposed, benefits received and/or timing of land development as can be achieved under the existing circumstances;
(c) To require fees for the principal and debt service of a water tender as a condition of approval of a final map, a conditional use permit, a site plan or a building permit;
(d) To provide for fees and for the review of such fees annually and the adjustments commensurate with any adjustments in actual principal and/or debt service costs. (§ 1, Ord. 02-25, eff. August 7, 2002)
4.10.1.03 Definitions.
When used in this chapter, the following terms shall have the following meanings:
(a) “Assisted living facility” shall mean a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medial care not involving a physician.
(b) “City” shall mean the City of Clovis, the Clovis Community Development Agency, the Clovis Municipal Development Corporation and any other not for profit or governmental entity wholly and completely founded, organized and controlled solely by the City of Clovis.
(c) “Dwelling unit” shall mean each single-family dwelling and each living unit of an apartment, duplex, multiple dwelling, structure, condominium, cooperative, or planned development as defined in Section 11003 of the Business and Professions Code of the State, and each stall, space, site or location for a mobile home or trailer intended for use as a separate habitation or residence.
(d) “Dwelling unit equivalent” shall be rounded to the nearest tenth (0.1) of a unit and shall mean each one thousand five hundred (1,500) square feet, or fraction thereof, of gross building area of assisted living facilities, churches, hospitals and schools or shall equal nine thousand six hundred eighty (9,680) square feet, or fraction thereof, of gross lot acreage for hotels, motels, commercial, professional, and industrial development.
“Dwelling unit equivalent” for mini-storage facilities as defined in Section 9.120.020 shall be based on the underlying General Plan Land Use designation. Mini-storage facilities equivalent dwelling units in planned residential, agricultural, rural residential, and mixed use areas shall be as follows:
|
Land Use Designation |
Equivalent Dwelling Units/Acre |
|
Very low density (SFR) |
2 |
|
Low density (SFR) |
2.7 |
|
Medium density (SFR) |
4.1 |
|
Medium high density (Res) |
10.2 |
|
High density (Res) |
17.1 |
|
Mixed use |
4.5 |
|
Agricultural |
2 |
|
Rural residential |
2 |
(e) “Gross building area” shall mean the cumulative square footage of the building, in the case of a multi-story building it shall be the summation of square footage of all floors.
(f) “Gross lot acreage” shall mean the total area of the area included within the boundaries of the lot and one-half (1/2) of the area of all frontage streets.
(g) “Owner/developer” shall mean any person shown as the owner of land on the last equalized assessment roll or any person entitled to be shown as owner of land on the next assessment roll and/or the authorized representative of the owner of land. City is not an owner/developer.
(h) “Person” shall mean and include every person, firm, or corporation who constructs or causes a dwelling unit or dwelling unit equivalent to be constructed, either by himself or through the services of any employee, agent, or independent contractor.
(i) “Fee area” shall mean the area within the City of Clovis’s sphere of influence north of Herndon Avenue and east of Fowler Avenue. (§ 1, Ord. 02-25, eff. August 7, 2002; § 9, Ord. 04-14, eff. May 5, 2004)
4.10.1.04 Water tender fees.
Any owner/developer and any person who constructs or causes a dwelling unit or a dwelling unit equivalent to be constructed in the fee area shall pay, in addition to any other fees required to be paid by the City, a fee which shall be calculated on the basis of the cost to purchase and equip a water tender to accommodate the City’s fire response policies.
Unless otherwise exempt under the provisions of this chapter, approval of a final map, a conditional use permit, a site plan or a building permit in the City as defined in the Clovis Municipal Code, shall be subject to a condition for the payment of water tender fee in the amount and in the manner set forth in this chapter. The fees are to be based on the following:
(a) Each single-family residential lot shall pay a water tender fee for each dwelling unit.
(b) Each multifamily unit shall pay a water tender fee for each dwelling unit.
(c) Each hotel, motel, commercial, professional or industrial development shall pay a water tender fee for each equivalent dwelling unit of nine thousand six hundred eighty (9,680) square feet, or fraction thereof, of gross lot acreage rounded to the nearest tenth (0.1) of a unit.
(d) Each assisted living facility, church and hospital shall pay a water tender fee for each equivalent dwelling unit of one thousand five hundred (1,500) square feet, or fraction thereof, of gross building area rounded to the nearest tenth (0.1) of a unit.
(e) Where a development is for a public school, and includes nonportable or nonrelocatable building facilities, a “unit” shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as twenty-nine thousand (29,000) square feet of gross lot acreage, or fraction thereof.
(f) Portable/relocatable buildings that are used to provide additional student capacity are to be considered on a cumulative, City-wide basis, rather than a site specific basis. The School District shall be required to provide the City with an annual report containing the total number of portable/relocatable buildings within the City, currently in use for instructional space, together with the total gross building area of each of those portable/relocatable buildings. A “unit” shall be rounded to the nearest tenth (0.10) of a unit and shall be defined as one thousand five hundred (1,500) square feet or fraction thereof, of the total City-wide instructional space represented by portable/relocatable buildings. Payment of a water tender fee, as set forth in the Master Development Fee Schedule, per unit, shall be required for any additional portable/relocatable classroom square footage added within the City that exceeds the previously paid baseline square footage. Moving portable/relocatable classrooms from one location to another, within the City, is not considered a net change in portable/relocatable square footage and will not result in the payment of additional fees. Only the addition of portable/relocatable classroom capacity in excess of the previously paid baseline square footage will be counted as additional “units” for fee purposes.
(g) In calculating the water tender fee on existing development that is adding to an existing structure either commercial, industrial or professional, the area of the addition is divided by the total structure area including the addition. This factor is multiplied by the gross acreage of this site to determine the proportionate acreage of the site. This proportionate acreage is then multiplied by four and one-half (4.5) units per acre and rounded to the nearest tenth (0.1) of a unit. This proportional unit calculation is then multiplied by the current water tender fee.
(h) All fees shall be adjusted on an annual basis to reflect actual water tender principal and debt service costs.
(i) The foregoing fees, and any amendment thereto, shall be fixed by the City Council, by resolution and shall be included in the Master Development Fee Schedule.
(j) Any development considered to be public infrastructure including planned regional, community, and area parks as defined in the Clovis General Plan, water well and booster pump sites, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, sewer lift station sites, shall be exempt from the payment of fees under this section.
(k) The fee for modifications to existing residential, single-family residential, and multifamily residential which adds dwelling units and has not fully paid a water tender fee shall be assessed and collected for each new dwelling unit.
No water tender fee will be required for modifications to existing single-family residential structures meeting the following criteria:
(1) The structure was originally constructed within the City’s corporate limits; or
(2) The structure lies within the City’s original 1912 corporate limits.
The fee for modifications to existing residential, single-family residential, and multifamily residential which add to the building square footage but do not meet the above criteria and have not fully paid a water tender fee shall be based on the ratio of the additional building square footage to the total building square footage including the building addition, multiplied by the total units for the lot. (§ 1, Ord. 02-25, eff. August 7, 2002; §§ 7, 8, Ord. 03-15, eff. June 18, 2003; §§ 10, 11, 12, Ord. 04-14, eff. May 5, 2004)
4.10.1.05 Use of fees collected.
All of the sums collected pursuant to the provisions of this chapter shall be deposited in the Water Tender Fee Account and shall be used solely to purchase, equip and furnish a water tender. (§ 1, Ord. 02-25, eff. August 7, 2002)
4.10.1.06 Amount of fee.
The water tender fee shall be established from time-to-time by council resolution based on current estimated water tender principal and debt service costs, rounded to the next highest one and no/100ths dollar ($1.00) and shall be included in the Master Development Fee Schedule. (§ 1, Ord. 02-25, eff. August 7, 2002; § 6, Ord. 05-16, eff. July 16, 2005)
4.10.1.07 Time for payment.
The fee as set forth in Section 4.10.1.04 of this chapter shall be due and payable as a condition precedent to and upon the approval of a final map, a conditional use permit, a site plan, or a building permit.
Payment may be deferred in accordance with the provisions of Sections 3.6.01 through 3.6.05. (§ 1, Ord. 02-25, eff. August 7, 2002)