Smith River Fire Protection District (“Smith River FPD” or “District”) has submitted an application for annexation of approximately 972 acres (73 parcels) to the east of US 101 and located outside the District boundaries, but within its adopted Sphere of Influence. The proposed annexation area currently receives services from Smith River FPD on a “goodwill” basis with no defined responsibility or sustainable funding. The proposed annexation area is within the Oceanview Sphere of Influence (SOI) and has experienced residential development and population growth over the past 20 years, highlighting an increased need for fire protection and emergency medical services. Annexation would make Smith River FPD responsible for services and establish ongoing funding.
Upon annexation, Smith River FPD would be officially designated as the fire service provider for the area with the ability to manage services and funding to support the provision of services. Upon annexation, the affected territory would be subject to all previously authorized charges, fees, assessments, and taxes that were lawfully enacted by the Smith River FPD. The affected territory would also be subject to all of the rates, rules, regulations, and ordinances of the District. This includes the extension of the previously authorized Smith River FPD special assessment to all land within the proposed annexation area to fund the delivery of fire protection services, consistent with the purpose for which the funding source was approved.
Public Hearing
NOTICE IS HEREBY GIVEN that on Monday, September 30, 2024, the Del Norte Local Agency Formation Commission (LAFCo) will conduct a public hearing to consider the proposed annexation of the Smith River Fire Protection District. The hearing will begin at 4:00 pm, or as soon thereafter as the matter can be heard, at the Del Norte County Board of Supervisors Chambers located at 981 H Street, Crescent City, CA 95531. The agenda and related meeting materials will be posted on the Commission’s website at least 72 hours before the scheduled start time of the meeting (www.delnortelafco.org/agendas-meetings-2024). For more information, contact the Del Norte LAFCo Executive Officer at eo@delnortelafco.org.
Mailed notices were sent to all landowners and registered voters within, and 300 ft adjacent to, the affected territory in accordance with California Government Code Section 56157. The mailed notice discloses that unless written opposition to the proposal is received from landowners or registered voters and landowners within the affected territory before the conclusion of the hearing on the proposal, the Commission intends to waive protest proceedings, as authorized by, and in compliance with, California Government Code Section 56663. The notice discloses the proposed extension or continuation of any previously authorized charge, fee, assessment, or tax by Smith River FPD in the affected territory upon annexation.
At the hearing, the Commission will consider all oral and written testimony of any interested persons or affected agencies. The Commission will consider the report of the Executive Officer and may approve, amend or deny the proposed annexation. Written comments must be received by Del Norte LAFCo by 12:00 p.m. the Friday prior to the meeting in order to be distributed to Commissioners. Please direct comments, questions, and requests to review documents to Del Norte LAFCo, 670 9th Street, Suite 202, Arcata, CA 95521. Phone: (707) 825-9301. E-mail: eo@delnortelafco.org or admin@delnortelafco.org (preferred).
Important Documents
Application Form
Plan for Services
Resolution of Application (SRFPD Resolution No. 2023-01)
Map of Proposed Annexation (most current version)
Countywide Fire Services Municipal Service Review (adopted October 2022)
Public Hearing Notice to Landowners and Registered Voters
Reasons for the Proposal
According to the application, the reasons for the proposed annexation are as follows:
“Of the three Spheres of Influence (SOI) adjacent to the Smith River Fire Protection District (SRFPD), one of them (Oceanview SOI) has experienced significant sub-division and homebuilding over the past 20 years. Not only does this represent an increase in the need for structure fire response and emergency medical response, but the new developments represent a significant increase in the Wildland/Urban Interface (WUI) areas that rely on SRFPD for initial attack in the event of a vegetation fire.
Historically, as build-out has proceeded, SRFPD has responded to calls for emergency assistance in the SOI without hesitation even though these properties are outside the district boundaries. Both existing and planned subdivision and development have reached a point where a property tax sharing agreement should be in place with Del Norte County (including collection of $27/year/habitable structure benefit assessment) in order to continue funding fire district operations. For that reason, SRFPD seeks to annex certain residential or undeveloped parcels within the Oceanview SOI.”
Description of Annexation Areas
The parcels subject to annexation are within the Oceanview SOI in northern Del Norte County, and are primarily residential or undeveloped lots on the hillside that generally faces west and is east of Oceanview Drive in Smith River. All of these parcels can be defined as “Wildland-Urban Interface” (WUI), as they are bounded on the east by forested lands.
Funding Sources
The proposed annexation will be subject to the following terms and conditions related to funding:
- The Property Tax Revenue Sharing Agreement between Smith River FPD and the County of Del Norte, executed by Del Norte County Board of Supervisors Resolution No. 2024-025 per Revenue and Tax Code §99 and §99.01; and
- The extension of the previously authorized Smith River FPD benefit assessment to all land within the proposed annexation area to fund the delivery of fire protection services, consistent with the purpose for which the funding source was approved.
Property Taxes – The Property Tax Revenue Sharing Agreement for the proposed annexation would result in Smith River FPD receiving a share of taxes already being collected by the County and would not result in new or increased property tax for land within the proposed annexation territory.
Parcel Taxes – Smith River FPD currently has one parcel tax funding source, a Benefit Assessment approved by the Smith River FPD Board in 1992 (Ordinance No. 92-01). This existing funding source would be extended to all land within the proposed annexation area to fund the delivery of fire protection services, consistent with the purpose for which both funding sources were approved. Habitable structures in the proposed annexation area would be subject to a benefit assessment currently set at $271 per parcel per year, which is the benefit assessment the District has been imposing for the past 30 years.
1 – Ordinance 92-01 authorizes the District to impose a benefit assessment at a maximum rate of $36 per parcel per year, but the District Board has elected to charge $27 per year since its inception. The District Board has the ability to adjust this amount to account for increasing costs to provide services as long as it doesn’t exceed the maximum rate of $36 per year.