In order to implement the goals and objectives of the Public
Safety Element of the City of Encinitas' General Plan, and to mitigate
the impacts caused by new development in the City, certain fire protection
facilities must be constructed. The City Council has determined that
a development impact fee is needed in order to finance these public
improvements, and to pay for new development's fair share of the construction
of these improvements. It is the purpose of this chapter to assess
and collect fees during the subdivision or building permit processing
to finance the cost of additional fire protection facilities and equipment
necessitated by new development. In establishing the fee described
in the following sections, the City Council has found the fee to be
consistent with the City's General Plan, and pursuant to Government
Code Section 65913.2, the City 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. 91-22)
The following development is exempt from the regulations of
this chapter:
C. Residential
accessory structures to an existing unit;
D. Construction
for public or governmental purposes;
E. Remodels
of existing residential structures which do not add new units; or
F. Development
involving the replacement on the same parcel by the owner of a dwelling
unit or dwellings destroyed by fire or other calamity, provided that
the application for a building permit to replace such dwelling or
dwellings is filed within six months after destruction and that the
number of dwelling units is not increased.
(Ord. 91-22)
Fire mitigation fees shall be set in an amount as determined
by a City Council resolution and kept in the office of the City Clerk.
(Ord. 91-22; Ord. 2011-06)
Fire mitigation fees shall be set in an amount as determined
by a City Council resolution and kept in the office of the City Clerk.
(Ord. 91-22; Ord. 2011-06)
A developer of any project subject to the fee described in this
chapter may apply to the Fire Chief for a reduction or adjustment
of the fee based upon the absence of any reasonable relationship or
nexus between the fire protection impacts of that development and
the amount of the fee charged. The application shall state in detail
the factual basis for the claim of waiver or reduction. The application
shall be made in writing to the Fire Chief at the time of the filing
of the request for a final or parcel map, or for a building permit.
The Fire Chief shall consider the fee adjustment application within
30 days of the filing of the application. If a reduction or waiver
is granted, any change in use within the project which results shall
subject the development to payment of the full fee.
(Ord. 91-22; Ord. 2017-07)