Chapter 15.92
COMMUNITY FACILITY FEES – FIRE PROTECTION FACILITIES
Sections:
Article I. General
Article II. Fees
15.92.100 Acceptable agreement.
15.92.110 Failure to collect fee.
Article I. General
15.92.010 Purpose and intent.
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. The city council finds that failure to provide these facilities and services would place residents in a condition perilous to their health and safety. [Ord. 923 § 1, 1987.]
15.92.020 Regulations.
The city council may by resolution issue regulations to establish administration, procedures, interpretation and policy direction for this chapter. [Ord. 923 § 1, 1987.]
15.92.030 Definitions.
In this chapter unless the context otherwise requires:
A. “District” means the Contra Costa County fire protection district.
B. “Fire protection facilities” means fire stations (including furnishings and fixtures), sites, appurtenant equipment (including vehicles), and an 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.
C. “Floor space” means “floor area” as it is defined in Section 407 of the Uniform Building Code as adopted by the city.
D. “New Construction.”
1. Residential. “New construction,” when applied to the construction of residential buildings or the installation of mobile homes, means construction or installation which increases the number of dwelling units on a given lot.
2. 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.
E. “Overextended” means a service area’s fire protection facilities are “overextended” when determined not to be adequate by the district and the board of supervisors of the county as provided in Chapter 818-2 of the Contra Costa County Ordinance Code.
F. “Service area” means the geographical area of the district. [Ord. 923 § 1, 1987.]
Article II. Fees
15.92.050 Requirement.
A fire protection facilities fee shall be paid as a condition precedent to the issuance of a building permit for new construction. The fee shall be in the amount established by resolution of the city council. The city council may adopt the fee only after the district and the county have made the findings and taken the action required by Chapter 818-2 of the Contra Costa County Ordinance Code. [Ord. 923 § 1, 1987.]
15.92.060 Residential credit.
With respect to residential buildings or mobile homes constructed or installed within a development where the development was approved subject to the condition that the developer pay a fire protection facilities fee and that fee has been paid, a credit shall be given for the fee paid against the fee imposed under this chapter. [Ord. 923 § 1, 1987.]
15.92.070 Use of fee.
A. The fire protection facilities fee shall be deposited in a restricted account within the city treasury. Money deposited in the account together with interest earned on it shall be used only for the purpose of acquiring or improving fire protection facilities serving the service area or a portion of the service area from which the fees were collected.
B. Before the fee is transferred to the district or spent for fire protection facilities, the city and the district must enter into an agreement providing for the time, manner and use of the fees and the location of the fire protection facilities to be acquired with the fees. [Ord. 923 § 1, 1987.]
15.92.080 Administration fee.
In addition to the fire protection facilities fee, the city may impose an administration fee as a condition precedent to the issuance of a building permit for new construction. The administration fee shall be in an amount equal to the estimated average cost of processing the permit in accordance with this chapter as determined by the city council. [Ord. 923 § 1, 1987.]
15.92.090 Refund.
A. Error. The city shall refund a fee erroneously collected under color of this chapter without interest to the payor if, within 180 calendar days after the date on which the fee was deposited in the city treasury, the payor files a written application with the city and provides satisfactory proof of the error.
B. Permit Termination. The city shall refund a fire protection facilities fee without interest to the payor if the building permit to which it relates is cancelled or expires before the beginning of construction and if the payor files a written application for the refund with the city within 180 calendar days after cancellation or expiration. [Ord. 923 § 1, 1987.]
15.92.100 Acceptable agreement.
Where the district and the developer of proposed new construction enter a written secured agreement for the developer’s provision of fire protection facilities, the city may accept that agreement as satisfying this chapter. Before accepting the agreement, the city must be satisfied that the agreement is enforceable and provides for facilities consistent with this chapter. [Ord. 923 § 1, 1987.]
15.92.110 Failure to collect fee.
The city is not liable to the district for failure to collect the fee, for any miscalculation of the fee, or for other failure or oversight in the administration of this chapter. [Ord. 923 § 1, 1987.]