Sec. 21-136. - Fee adjustments.

(a)

A developer of any project, or a subdivider of any land, subject to the payment of fees pursuant to this ordinance may appeal to the board of supervisors for a reduction, adjustment, or waiver of any public administration facility development impact fee(s) based upon the absence of any reasonable relationship or nexus between the public administration impacts of the project or subdivision and either the amount of the fee(s) charged or the type of public administration facilities to be financed. The appeal shall be made in writing, shall state the factual basis for the claim of reduction, adjustment or waiver, and shall be submitted to the general services director or his/her designee within fifteen calendar days following determination of the fee amount.

(b)

The general services director or his/her designee shall review the appeal, develop recommended actions to be taken by the board of supervisors, and submit both the appeal and recommended actions to the board of supervisors for their consideration at a public hearing to be conducted within sixty days after the filing of the appeal. The decision of the board of supervisors shall be final. If a reduction adjustment or waiver is granted, any change in use from the project as approved shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 4315, § 1)

Sec. 21-137. - Fee reduction for beneficial projects.

(a)

The following types of projects may apply for fee reduction, adjustments, or waivers of public administration facility development impact fee(s):

(1)

Residential projects in which fifty percent of the units developed are affordable as defined by the county's affordable housing guidelines; or

(2)

Residential projects in which twenty-five percent of the units developed are available to low income buyer/renters per the county's affordable housing guidelines; or

(3)

Projects proposed by nonprofit entities or governmental agencies which will provide public access to sites of significant historical, cultural, or natural resource value, and/or provide essential health, safety, welfare or other community service needs. The applicability of this provision to individual projects shall be subject to a determination by the board of supervisors.

(b)

Any reduction, adjustment or waiver of public administration facility development impact fees must be accompanied by a finding of availability of substitute funds to assure that the public administration facilities can be constructed.

(c)

Any public administration facility development impact fee reduction or waiver granted as a result of a fee reduction policy shall apply only to the original specified land use. Any change in land use shall be subject to reevaluation by the county and may result in the imposition of fees previously reduced or waived.

(Ord. No. 4315, § 1)

Sec. 21-138. - Fee account.

(a)

Upon receipt of a fee subject to this ordinance, the county shall deposit, invest, account for and expend the public administration facility development impact fees pursuant to California Government Code Section 66006.

(b)

Public administration facility development impact fees paid shall be held by the general services department in a separate public administration facility development impact fee account to be expended for the purpose for which they were collected. The general services department shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed.

(Ord. No. 4315, § 1)

Sec. 21-139. - Use of funds.

(a)

Funds collected from public administration facility development impact fees shall be used to acquire, construct, and install public administration facilities or reimburse costs of previously constructed facilities.

(b)

No funds collected pursuant to this ordinance shall be used for periodic or routine maintenance.

(c)

Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of related equipment to the public administration facilities.

(d)

Funds may also be used to offset the cost of administration of the fund including audits, yearly accounting and reports, and other costs associated with maintaining the fund.

(Ord. No. 4315, § 1)

Sec. 21-140. - Developer construction of facilities.

In lieu fee credit for the construction of public administration facilities and service improvements is allowable under the following conditions:

(a)

Only the costs of public administration facilities listed on, the applicable public administration capital improvement plan shall be eligible for in-lieu credit.

(b)

With prior approval of the general services director or his/her designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of public administration facilities provided by the developer.

(c)

If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.

(d)

An amount of in-lieu credit that is greater than the specific fee(s) required under this ordinance may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the general services director or his/her designee.

(e)

If an applicant is required, as a condition of approval for a discretionary permit or a final subdivision map, to construct any off-site public administration facilities, and the cost of the facilities is determined to exceed the fee due under this ordinance, a reimbursement agreement may be offered in writing by general services director or his/her designee. The reimbursement agreement shall contain terms and conditions approved by the general services director or his/her designee, auditor-controller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.

(f)

Public administration facilities specifically required exclusively to serve a project or subdivision shall not be eligible for in-lieu fee credit.

(g)

A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the general services director or his/her designee to support the request for credit or reimbursement. The general services director or his/her designee shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.

(h)

Any claim for credit must be made at or before the time of application for a building permit. Any claim not so made shall be deemed waived.

(i)

Exemptions, credits, reductions, adjustments, or waiver of fees shall not be transferable from one project or subdivision to another without the board of supervisors' approval.

(j)

Determination made by the general services director or his/her designee pursuant to this section 21-140 may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the general services director or his/her designee.

(Ord. No. 4315, § 1)

Sec. 21-141. - Condition for refunds.

(a)

If a permit upon which a fee was based expires without commencement of construction, the applicant shall be entitled to a refund of the public administration facility development impact fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The applicant shall submit a written request for a refund to the general services director or his/her designee within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund.

(b)

The general services director or his/her designee shall report to the board of supervisors, once each fiscal year, any portion of public administration facility development impact fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 66001, the board of supervisors shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to (1) identify the purpose to which the fee is put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (3) identify all sources and amounts of funding anticipated to complete financing of the public administration facilities and; (4) designate the approximate dates on which the funding is deposited into the appropriate account.

(c)

For all unexpended or uncommitted fees for which the findings set forth in subsection (b) cannot be made, the county shall refund to the current record owner or owners of lots or units of the development project(s) on a prorated basis the unexpended or uncommitted fees, and any interest accrued.

(d)

If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this ordinance exceeds the amount to be refunded, the board of supervisors, after a public hearing, for which notice has been published pursuant to Government Code Section 66001 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed.

(Ord. No. 4315, § 1)

Sec. 21-142. - Annual report.

(a)

At least once every year a proposed capital improvement plan detailing the specific public administration facilities to be funded by public administration facility development impact fees shall be presented to the board of supervisors for adoption by resolution. Notice of the plan shall be given pursuant to Government Code Section 65090 and Section 66002, as they now exist or may be amended.

(b)

Except for the first year that this ordinance is in effect, no later than sixty days following the end of each fiscal year, the general services director or his/her designee shall submit a report to the board of supervisors identifying the balance of fees in the public administration facility impact fee program fund established pursuant to this ordinance, and the facilities proposed for construction during the next fiscal year. In preparing the report, the general services director or his/her designee shall adjust the estimated costs of the public improvements in accordance with the appropriate Engineering Construction Cost Index as published by Engineering News Record, or its successor publication, for the elapsed time period from the previous July 1 or the date that the cost estimate was developed.

(c)

At a public hearing the board of supervisors shall review estimated costs of the public administration facilities described in the capital improvement plan, the continued need for these facilities, and the reasonable relationship between the need and the impacts of development for which the fees are charged. The board of supervisors may revise the public administration facility development impact fees to include additional projects not previously foreseen as being needed.

(Ord. No. 4315, § 1)

Sec. 21-143. - Automatic annual adjustment.

Each fee imposed by this ordinance shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 1999, by a percentage equal to the appropriate Engineering Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months.

(Ord. No. 4315, § 1)

Sec. 21-144. - Fee revision by resolution.

The amount of each fee established pursuant to this ordinance may be set and revised periodically by resolution of the board of supervisors. This ordinance shall be considered enabling and directive in this regard.

(Ord. No. 4315, § 1)

Sec. 21-145. - Superseding provisions.

This ordinance and any resolution adopted pursuant hereto supersedes any previous county ordinance or resolution to the extent the same is in conflict with this ordinance.

(Ord. No. 4315, § 1)

Sec. 21-146. - Severability.

If any section, phrase, sentence, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the remaining portions of this ordinance.

(Ord. No. 4315, § 1)

Sec. 21-147. - Effective date.

Pursuant to California Code Section 66017(a), this ordinance shall be in full force and effect sixty days after the date of its adoption by the board of supervisors.

(Ord. No. 4315, § 1)

Sec. 21-148. - Publication.

The clerk of the board is hereby authorized and directed to publish this ordinance by one insertion in the Santa Barbara News-Press, the Lompoc Record, the Santa Ynez Valley News, and the Santa Maria Times, and all other newspapers of general circulation within Santa Barbara County, within fifteen days of its adoption by the board of supervisors.

(Ord. No. 4315, § 1)

Sec. 21-149. - Reserved.

Division 2. - Library Facility Development Impact Fees