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HomeMy WebLinkAboutORD 008 1983 1005ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK REGARDING THE IMPOSITION OF BUILDING FEES TO PROVIDE FIRE PROTECTION FACILITIES THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS ordinance, the following words meanings respectively ascribed and to - For the purposes of this phrases shall have the them below. (a) Building Official. "Building Official" means Community Development Director. (b) Fire District. "Fire District" means the Ventura County Fire Protection District. (c) Fire Station. "Fire station" means a building (including furnishings and fixtures), site, and appurtenant equipment (including vehicles) which are designed, developed and used to pro- vide the full spectrum of fire protection ser- vices (excepting central administration ser- vices, air unit services, hand crew services, dispatch services, repair shop services, and central training services provided out of buildings located at the Ventura County Air- port at Camarillo) to a given service area. (d) Floor Space. "Floor space" means "floor area" as the latter term is defined in Section 407 of the Uniform Building Code as adopted by Section 4 -1 of the Ventura County Building Code. (e) New Construction. "New construction," when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. "New construction," when applied to the construction or installation of non- residential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot. (f) Overextended. A fire station or group of fire stations is "overextended" when, as determined by resolution of the Ventura County Board of Supervisors, the estimated population of the station's or group's service area exceeds, or the projected population of the service area will at any time within the following five years exceed, the maximum number of people which the station or group of stations can adequately serve. (g) Service Area. The "service area" for a given fire station or group of fire stations is that geographical area within the Fire District, including both incorporated and unincorporated territory, within which the station or group of stations is located and to which the station or group of stations is the primary provider of fire protection services. The precise boun- daries of a given service area shall be deter- mined by resolution of the Ventura County Board of Supervisors. (h) Standard Fire Station. "Standard fire station" means a fire station designed to the Fire District's specifications, containing 3,900 square feet of floor space, and having as appurtenant equipment one new fire engine, one reserve fire engine and one patrol vehicle. SECTION 2. FIRE PROTECTION FACILITIES FEE - Within any service area for which the existing fire station or group of fire stations is overextended, a fire protection facilities fee computed pursuant to this ordinance shall be paid to the Fire District as a condition precedent to the issuance by the City of any building permit for new construction. If for any reason a building permit is issued without payment of the fee required by this ordinance, the person to whom the permit was issued shall be liable to the Fire District for payment of the fee. SECTION 3. COMPUTATION OF FEE FOR RESIDENTIAL CONSTRUCTION - The amount of the fire protection facilities fee to be paid pursuant to section 2 of this ordinance with respect to the construction of residential buildings or the installation of mobilehomes shall be the dollar amount equal to "X" in the following formula: X = ACD B -2- where: "A" equals the estimated cost of acquiring a standard fire station, excluding land acqui- sition costs but including site preparation and landscaping costs; "B" equals the maximum number of people who can be served adequately by a standard fire station; "C" equals the estimated average number of people who will reside in each dwelling unit in the buildings or mobilehomes for which the permit is issued multiplied by a number equal to the number of dwelling units which will be contained in such buildings or mobilehomes after construction minus, in cases where the construction is the replacement or modification of existing buildings or mobile - homes, the number of dwelling units contained in such buildings or mobilehomes immediately prior to construction; and "D" equals the estimated portion, expressed as a decimal, of the standard fire station needed to provide service to residential buildings and mobilehomes, as opposed to nonresidential buildings. The specific number values to be assigned to "A," "B," and "D" in the foregoing formula, and the estimated average number of people per dwelling unit for the purpose of computing the value "C" in the foregoing formula, shall be determined by resolution of the Ventura County Board of Supervisors from time to time on the basis of evidence submitted to it. With respect to residential buildings or mobilehomes con- structed or installed within a subdivision for which the tentative map was approved subject to the condition that the subdivider donate fire protection facilities, a credit shall be given against the fee on account of such donated facilities which are accepted by the Fire District. For the purposes of this section, unfinished facilities shall be deemed to have been "accepted" by the Fire District if such facilities are to be completed pursuant to a secured improvement agreement made in accordance with section 66462 of the Government Code. The amount of the credit shall be determined as follows: (a) The fair market value of the donated and accepted facilities, excluding the land -3- therefor, as of the date on which the final or parcel map was recorded shall be determined by written agreement of the Fire Chief and the subdivider or applicant or, if they should fail to agree, by an independent appraiser selected by the Fire Chief and paid for by the subdivider or applicant. (b) The estimated number of people who will reside in the entire subdivision when it is fully developed will be determined by multiplying the number of dwelling units proposed for the subdivision by the esti- mated average number of people who will reside in each unit and then adding the products. The estimated average number of people who will reside in each dwelling unit shall be the same as that used to calculate the value of "C" in the fore- going formula. (c) A fair market value as determined pursuant to (a) above shall then be divided by the estimated number of people who will reside in the entire subdivision as determined pursuant to (b) above. (d) The estimated number of people who will reside in the unit to be constructed or installed shall be multiplied by the quotient determined pursuant to (c) above. A credit for that unit shall be the dollar amount equal to the product; provided, however, that the amount of the credit shall not exceed the amount of the fee. SECTION 4. COMPUTATION OF FEE FOR NONRESIDENTIAL CONSTRUCTION - The amount of the fire protection facilities fee to be paid pursuant to Section 2 with respect to the construction of a nonresidential building shall be the dollar amount equal to "Y" in the following formula: Y - AEG E where: "A" equals the number value assigned to "A" for the purpose of Section 3 of this ordinance; -4- "E" equals the maximum square nonresidential building floor can be served adequately by a fire station; footage of space which standard "F" equals the number of square feet of floor space in the buildings for which the permit is issued minus, in cases where the construction is the replacement or modification of existing buildings, the number of square feet of floor space in such existing buildings immediately prior to such replacement or modification; and "G" equals the number one minus the number value assigned to "D" for the purposes of Section 3. The specific number values to be assigned to "E" in the foregoing formula shall be determined by resolution of the Ventura County Board of Supervisors from time to time on the basis of evidence submitted to it. SECTION 5. USE OF FEE - All fire protection facili- ties fees collected pursuant to Section 2 of this ordinance shall be deposited in a restricted account established by Ventura County within the Ventura County treasury for such purposes and all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of acquiring or improving fire stations serving the service area, or portions thereof, from which the fees were collected. SECTION 6. ADMINISTRATION FEE - In addition to the fire protection facilities fee imposed by Section 2 of this ordinance, an administration fee shall also be paid as a condition precedent to the issuance of any building permit for new construction within any service area for which the existing fire station or group of fire stations is overextended. Such administration fee shall be paid to and retained by the City. The administration fee shall be in an amount equal to the estimated average cost, as determined by resolution of the City Council from time to time, of processing such permit in accor- dance with this ordinance. SECTION 7. REFUND OF FEE - Any fee erroneously collected under the color of this ordinance shall be refunded without interest to the payor if, within one year after the date on which such fee was deposited in the Ventura County Treasury (in the case of the fire protection facilities fee) -5- or in the City treasury (in the case of the administration fee), the payor files a written application therefor with the person appointed by the Director of the Ventura County Resource Management Agency to head the Division of Building and Safety or such person's designee (in the case of the fire protection facilities fee) or with the Building Official (in the case of the administration fee) and provides proof of such error satisfactory to such appointed person or Building Official. Any fire protection facilities fee collected pursuant to Section 2 of this ordinance 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 pursuant thereto and if the payor files a written application for the refund with the person appointed by the Director of the Ventura County Resource Management Agency to head the Division of Building and Safety or such person's designee within 180 calendar days after such cancellation or expiration. SECTION 8. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. APPROVED AND ADOPTED this 5th day of October , 1983. ATTEST: 'Doris D. Bankus City Clerk (SEAL) �y' j`l ! �,^ �� . 1. sf ■gym L YAN U� 1l T- Ma o of the ity of M park, California STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Doris D. Ranku$ , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 8 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 5th day of October , 1983, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Prieto, Harper, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Beaulieu WITNESS my hand and the official seal of said City this 5th day of October , 1983. (SEAL) 01 ONTO 01-5. W. - N A50, ME. MAN �NWM CITY CLERK