Chapter 3.22
FIRE PROTECTION FACILITIES IMPROVEMENT FEE
Sections:
3.22.020 Established – Findings.
3.22.040 Reimbursement to developer for construction of facilities.
3.22.050 Protest requirements.
3.22.010 Purpose.
In order to implement the goals and objectives of the safety element of the general plan of the city regarding adequate fire protection, and to mitigate the impact of new development on fire protection services in the city, certain fire protection facilities must be constructed and equipped. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the costs of the improvements. In establishing the fee under Government Code Section 66000, et seq., and described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan. (Ord. 320 § 1, 1989)
3.22.020 Established – Findings.
A. A fire protection facilities improvement fee is established for development in the city to pay for the improvement of fire protection facilities. The fee shall not be collected until the city council, in a council resolution, sets forth the specific amount of the fee, describes the benefit and impact area on which the development fee is imposed, lists the specific public improvements to be financed, describes the estimated costs of these facilities, describes the reasonable relationship between this fee and the various types of new developments, and sets forth the time of payment of the fee. The Escalon consolidated fire district shall submit information to the city upon which the city council may make the findings required by this section. The Escalon consolidated fire district shall adhere to guidelines developed by the city regarding the sufficiency of the materials submitted and the procedures to be followed for the submission.
B. The city council shall make findings once each fiscal year 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 findings required by this section need only be made for moneys in possession of the city. It need not be made with respect to letters of credit, bonds or other instruments taken to secure payment of the fee at a future date. (Ord. 320 § 2, 1989)
3.22.030 Limited use of fees.
The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to pay for the Escalon consolidated fire district's future construction of facilities described in the resolution enacted pursuant to the ordinance codified in this chapter or to reimburse the fire district for those described or listed facilities constructed by the fire district with funds advanced by the fire district from other sources. (Ord. 320 § 3, 1989)
3.22.040 Reimbursement to developer for construction of facilities.
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to the ordinance codified in this chapter, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to assure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, may be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burden created by the development. (Ord. 320 § 4, 1989)
3.22.050 Protest requirements.
A. A protest as to the imposition of a fee, dedication, reservation or exaction may be filed with the city council. Such protest must be in writing and accompanied by payment in full or satisfactory evidence of arrangements to ensure performance of the conditions necessary to meet the requirements of the development approval. The protest shall include a statement that payment is tendered, or that all conditions have been provided for, under protest and a statement setting forth the factual elements and legal theories on which the protest is based.
B. A protest must be filed at the time of approval or upon conditional approval of the development or within 90 days after the date of imposition of fees, dedication, reservation or exaction on the development. A legal action may be filed within 180 days of filing a protest under this section to attack, review, set aside, void or annul the imposition of fees, dedications, reservations or exactions, pursuant to Government Code Section 66008. Approval or conditional approval in this subsection is when a tentative map or parcel map is approved or when a parcel map is recorded if a tentative map or parcel map is not required.
C. A protest may also be filed as a writ of administrative mandate pursuant to Government Code Sections 66009, 66475.4 and 66499.37, within 90 days of a final decision by the city council to impose the fee, dedication, reservation or exaction. (Ord. 320 § 5, 1989)