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Home My WebLink About1246 - Establishing Fire District Development MItigation Fee ORDINANCE NO. 1246 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AND IMPLEMENTING A FIRE DISTRICT DEVELOPMENT MITIGATION FEE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1. Adequate fire protection facilities and equipment must be available to serve new development projects. 2. New development projects require the construction or expansion of the Ukiah Valley Fire District's fire protection facilities and the acquisition of additional equipment. 3. It is necessary to expand the District's current facilities, apparatus, and equipment needed to maintain its existing level of service; no capacity exists to serve new development. 4. If the District's fire system capacity is not increased to satisfy the additional demand, the quality and responsiveness of the District's fire protection and emergency response services will deteriorate. 5. The above conditions pose a risk to the health and safety of the citizens of the City of Ukiah that are served by the District. 6. Fire impact fees are necessary to ensure that the District can adequately fund its fire protection facilities, apparatus, and equipment necessary to mitigate the impacts, in particular the population and employment growth and new structural area, caused by new development within the District's service area. 7. The District has requested the City of Ukiah to establish and administer a development mitigation fee because Fire Districts lack statutory authority to independently impose development impact mitigation fees. 8. The District has prepared all of the supporting documentation to support the findings required to establish the fee, collect the fee and comply with all necessary reporting and accounting procedures for the fee, including the documentation necessary to comply with the California Mitigation Fee Act (Government Code §§ 66000-66025). SECTION TWO. Chapter 15 is hereby added to Division 1 of the Ukiah City Code and shall read as follows: CHAPTER 15 FIRE DISTRICT DEVELOPMENT MITIGATION FEE J 2090 PURPOSE The purpose of this Chapter is to establish and implement a procedure for the adoption of fire protection development mitigation fees for the Ukiah Valley Fire District and to ensure the assessment Page 1 of 6 and collection of these fees in connection with the issuance of building permits. The fire protection development mitigation fees are to be allocated to the Fire District for the acquisition of capital facilities and equipment in order to ensure the provision of the capital facilities and equipment necessary to maintain current levels of fire protection services that are required as the result of new development projects. 2091 DEFINITIONS As used in this Chapter, the following definitions shall apply: A. "City Council" means the City Council of the City of Ukiah. B. "City Clerk" means the City Clerk for the City of Ukiah. C. "Development project" means any construction for which a building permit or other permit is needed from the City's Building Department. D. "Fire District" means the Ukiah Valley Fire District. E. "Fire District Board" means the Board of Directors of the Ukiah Valley Fire District. § 2092 REQUIRED ACTIONS OF THE FIRE DISTRICT ............................................................_.......... This Chapter shall be applicable to development within the boundaries of the Fire District which are within the City of Ukiah when the following events occur: A. The Fire District Board adopts a resolution making the following findings: 1. The Fire District does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new development projects within the district's boundaries; 2. The Fire District does not have sufficient funds available to construct additional facilities and purchase equipment from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other available sources; and 3. The lack of additional fire protection facilities and equipment to serve new development projects would create a situation that is dangerous to the public health and safety if fire mitigation fees are not levied within the fire district. B. The Fire District further resolves as follows: 1. The Fire District requests that the City impose a specified fire protection development mitigation fee on the Fire District's behalf on applicants for development projects; 2. Fire protection development mitigation fees imposed under this Chapter shall only be used to expand the availability of capital facilities and equipment to provide fire services to new development projects; 3. The Fire District shall place all funds collected under this Chapter and all interest subsequently accruing on these funds in a separate budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects; Page 2 of 6 4. The Fire District shall spend funds from the "fire district development mitigation fee" budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects; 5. The Fire District shall submit a fire mitigation fee annual report no later than October 31st of each year, after the first year the City imposes the specified fire protection development mitigation fee, to the City Clerk. The report shall include, but not be limited to, the balance in the account at the end of the prior fiscal year, the mitigation fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the Fire District plans to take to mitigate the facility and equipment needs caused by the new development projects in a capital fire facilities and equipment plan adopted at a noticed public hearing. The Fire District shall make available, upon request by the City Clerk, a copy of the annual audited report; 6. The Fire District shall make its records that justify the basis for the development mitigation fee amount available to the public upon request; 7. The Fire District shall agree to indemnify and defend the City and its officers, agents, and employees from any claim, action, or proceeding that arises from or is in any way related to the adoption of this ordinance or mitigation fees authorized by this ordinance; and 8. For the fifth fiscal year following the first deposit into the Fire District's fire district mitigation fee account and every five (5) years thereafter, the Fire District shall make all of the following findings with respect to any cash portion of the mitigation fees remaining unexpended or uncommitted in the account. a. Identify the purpose to which the fee is to be put, b. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged, c. Identify all sources and amounts of funding anticipated to complete financing all incomplete improvements, and d. Designate the approximate dates on which complete funding is expected to be deposited into the account. If the findings in subsections B.8.a through d of this Section are not made, the Fire District shall refund, on a prorated basis, to the current record owner or owners of the development projects for which the fees were paid the unexpended or uncommitted portion of the fees and any interest accrued for which a need cannot be demonstrated. C. The Fire District Board shall adopt a capital fire facility and equipment plan in compliance with Government Code Section 66002 at a noticed public hearing. D. The Fire District Board shall send a certified copy of the resolution and the capital fire facilities and equipment plan to the City Clerk. The Clerk shall place the resolution and capital fire facilities and equipment plan on an agenda for a regular City Councilmeeting for the Council's consideration and approval at a public hearing noticed in the manner required by Government Code Section 66002. At the close of the public hearing, the City Council may approve the resolution and capital fire facilities and equipment plan if it finds that the documents meet the requirements of this Chapter and Government Code Sections 66000 et seq. Page 3 of 6 E. The provisions of this Chapter shall apply to any development project within the boundaries of the Fire District that are within the boundaries of the City of Ukiah not later than thirty (30) days after the City Council's approval. The Fire District shall notify the City Building Official of the effective date of its mitigation fee. Any judicial action or other proceeding to challenge the legality of the City Council's approval and adoption of mitigation fees must be commenced within one hundred twenty (120) days of the Council's action approving the mitigation fees. F. By March 31 st of each year following the year of the original adoption of a resolution and approval by the City Council of fire protection development mitigation fees under this Chapter, the Fire District shall submit a copy of a new resolution adopted by the district's governing body making the findings required by Subsection A of this Section and identifying the fire protection development mitigation fees requested by the Fire District. If the resolution proposes to increase the fire protection development mitigation fees, the resolution shall only become effective if approved by the Council in the manner set forth in Subsection D of this Section. A revision of fire protection development mitigation fees shall be effective the following July 1st. .&2093 FEE PAYMENT A. Before the issuance of any building permit or other permit for a development project,the applicant shall pay to the Fire District the fees prescribed by the Fire District resolution as approved by the City Council and shall present written evidence that the provisions of this Chapter have otherwise been satisfied with respect to the development project for which permits are sought. The District may, in its resolution adopting fire protection development mitigation fees, designate those projects requiring a building permit, such as re-roofing, adding siding, installation of mechanical devices, or construction of an accessory building, that will not require payment of a fee. B. The amount of the fees shall be determined by using the fire protection development mitigation fee in effect on the date of the payment of fees for an unexpired plan check. C. When application is made for a new permit for a development project following the expiration of a previously issued permit for a development project for which fees were previously paid, no new fee payment shall be required. D. If a subsequent development project occurs with respect to property for which fees have already been paid, additional fees shall be required only for additional square footage which was not included in computing the prior fee. E. For the purpose of payment of fees to the City, the City Council delegates to the Fire District the responsibility to collect or accept payment of the fees for the District. The District may contract with the City to collect or accept payment of fees. § 2094 EXEMPTIONS Permits for the following types of development projects shall be exempt from the requirements of this Chapter: A. Buildings or other structures constructed for governmental uses; B. Construction of accessory buildings or structures which will not produce additional risk of fire over and above the fire risk associated with the principal building or from the existing use of the land. Page 4 of 6 C. Alterations of an existing building where no additional square footage is constructed, where the use is not changed, and where the risk of fire is not increased over and above the risk of fire from the existing use. D. Alterations of an existing building where no additional square footage is constructed, where the use is not changed, and where the risk of fire is not increased over and above the risk of fire from the existing use. E. The replacement of a legally constructed dwelling or other building destroyed by fire or other calamity on the same parcel, provided that: 1. The application for a building permit to replace the destroyed structure is filed with the City building official within one year after destruction of the dwelling or other building, 2. There is no change in occupancy, and 3. The living space is not increased by more than five hundred (500) square feet compared to the destroyed structure. 2095 ADMINISTRATIVE CHARGES . ........................................................................ .. ...........-....._--........................................................—....................-- A. The City may include in an adopted fire protection development mitigation fee a component that reflects the City's reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee. B. The Fire District may include in a proposed fire protection development mitigation fee a component that reflects the District's reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee, including the requirements imposed by this Chapter. § 2096 USE OF FEES -........................... .................................................................................-�- With the exception of the administrative cost component described in Section 2095, all fees collected under this Chapter, including any interest accrued, shall be used by the Fire District for the purpose of providing for capital facilities and equipment. 2097 RECORDS AND REPORTS The Fire District shall maintain a separate budget accounting category for any fees collected. This category shall be known as the"fire district mitigation fee"account. By October 31 st of each year, the Fire District shall file a report with the City Clerk on the balance in the account at the end of the prior fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance of the fund. In addition, the report shall specify the actions the Fire District plans to take to mitigate the facility and equipment needs caused by new development projects. 2098 TERMINATION OF FEE COLLECTION Fee collection as to the Fire District shall terminate as follows: Page 5 of 6 A. If by March 31 st of any year following the year of the original adoption of a resolution under this Chapter, which was approved by the City Council, the Fire District has not submitted a copy of a new resolution under Subsection 2092.F of this Chapter, fee collection shall terminate on July 1st of that year. B. If, at any time, the Fire District Board submits a copy of a resolution requesting termination of fee collection, fee collection shall terminate thirty (30) days from the date of receipt by the Clerk. C. The Fire District shall notify the City Building Official of the effective date of its termination of fee collection. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on September 4, 2024, by the following roll call vote: AYES: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas NOES: None ABSENT: None ABSTAIN: None Adopted on September 18, 2024, by the following roll call vote: AYES: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas NOES: None ABSENT: None ABSTAIN: None Jose i a Du has, Mayor ATTE : i Araceli Sa oval, Act!Mg Clerk Page 6 of 6