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A. Based on the presentation by the Sierra County Fire Protection District #1 of a resolution of the District Board of Commissioners declaring the District impacted by new development and the impact analysis accompanying said resolution, a fire impact development fee in the amount adopted by resolution of the Board of Supervisors is hereby required to be paid by certain new development/construction which is within the boundaries of the Sierra County Fire Protection District #1. For the purpose of this chapter, floor space shall be computed based on the exterior dimensions of the building or structure. Multiple storied buildings and structures shall take account of the exterior dimensions for each story, including, without limitation, lofts and basements.

B. Structures and uses subject to the fire development impact fee include all new construction or additions to existing structures within the Sierra County Fire Protection District #1 for occupancy, storage or garage requiring a permit from Sierra County. Areas subject to the fee will be measured by floor area as noted in subsection (A) of this section.

Structures and uses shall include, but are not limited to, the following: homes, modular homes, multifamily housing, decks, porches, garages, workshops, storage buildings, warehouses, commercial housing (hotels or motels), restaurants, employee housing, offices, retail space, gyms, places of worship, schools, prisons, jails or penal institutions, and utility buildings, or similar structure not specifically identified as determined by the County Building Official after consultation with the District.

The following structures and uses are not subject to the fire development impact fee:

1. Development entitled by state or federal statute to an exemption from development impact fees;

2. Modernization or rehabilitation projects where no additional net square footage is being added to the existing structure;

3. Greenhouses, carports and portable carports;

4. Agricultural barns and pole barns used exclusively for animal or animal feed storage. Excluded agricultural buildings must not have electrical connection to the building, be in the agricultural zoning district, and be consistent with the exemption language found in SCC Title 12 pertaining to building permit exemptions for certain categories of agricultural buildings;

5. Rebuild of a structure damaged or destroyed by fire, flood, or other similar event or a rebuild of a structure that was voluntarily demolished by the property owner so long as the footprint of the new building is equal to or less than the original structure;

6. Water tanks and communication towers.

Disputes related to whether a structure or use is subject to the fire district development fee will be resolved at the sole discretion of the Sierra County Building Official.

C. The fire development impact fee shall, unless the District otherwise makes provision for collection of the fees, be assessed and collected at the time of the issuance of each building permit.

D. Unless the District otherwise makes a provision for collection of the fees, at the time of the issuance of a building permit, the development fees shall be computed and collected by the County Building Department in accordance with the provisions of this chapter; provided, however, that any applicant asserting a right to defer the fees under the provisions of Cal. Gov’t. Code § 66007 may appeal the timing of the payment of the fees. Any such appeal shall be made to the Board of Commissioners of Sierra County Fire Protection District #1. In the event that the collection of any fees is deferred, the fees shall be due and shall be collected on the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first. In cases in which collection of fees is deferred, the District may also require the execution of an agreement to pay the fees as a condition to the issuance of a building permit.

E. The fire development impact fee established by this section shall be effective as of June 6, 2009, and thereafter may be amended by resolution adopted by the Board of Supervisors upon presentation by the District of an appropriate impact analysis. Any increase in the fee shall only be adopted following compliance with the public hearing and notice requirements as set out in Cal. Gov’t. Code §§ 66004 and 66018 and any other applicable provisions of law. (Ord. 1097, eff. 3/4/21; Ord. 1011, eff. 5/7/09; Ord. 1008, eff. 2/19/09)