Sec. 21-150. - Findings.

(a)

In order to implement the goals and objectives of the Orcutt community plan and to mitigate impacts caused by new development projects within the Orcutt planning area, a library facility development impact fee is necessary. The fee is needed to finance library facilities necessary to serve new development and to assure new development projects pay their fair share for these facilities.

(b)

Title 7, Chapter 5, Section 66000 et seq. of the California Government Code provides that development impact fees may be enacted and imposed on development projects. The board of supervisors finds and determines that:

(1)

New development projects cause the need for construction, expansion and/or improvement of library facilities within the Orcutt planning area.

(2)

Funds for construction, expansion and/or improvement of library facilities are not available to accommodate the needs caused by new development projects, which will result in inadequate library facilities within the Orcutt community planning area.

(c)

The board of supervisors finds that the public health, safety, and general welfare will be promoted by the adoption of a library facility development impact fee for the construction, expansion and/or improvement of library facilities, the need for which is caused by new development projects. In establishing a library facility development impact fee, the board of supervisors finds the fee consistent with the Santa Barbara County comprehensive plan/land use element and the Orcutt community plan.

(d)

Pursuant to Government Code Section 65913.2, the board of supervisors has considered the effects of the fees with respect to the county's housing need as established in the housing element of the general plan.

(e)

Pursuant to Title 14 California Code of Regulations, Sections 15061 and 15273(4), the board of supervisors finds that this ordinance is exempt from the California Environmental Quality Act.

(Ord. No. 4314, § 1)

Sec. 21-151. - Definitions.

Words when used in this ordinance, and in resolutions adopted under the authority of this ordinance, shall have the following meanings:

(a)

"Orcutt community plan" is defined as the plan that updates the Santa Barbara County comprehensive plan for the unincorporated area of Orcutt.

(b)

"Orcutt community planning area" or "Orcutt planning area" is defined as that area of the County of Santa Barbara delineated by the Orcutt community plan adopted by the board of supervisors on July 22, 1997 and as amended from time to time.

(c)

"Development" or "development project" means any project that involves the issuance of a permit for new construction, and reconstruction or expansion of an existing structure, which would result in an increased impact on public services.

(d)

"Residential unit" means a building used for the primary purpose of human habitation, such as a singlefamily home, an individual condominium unit or an individual apartment.

(e)

"Dwelling unit" means a building or portion thereof designed for and occupied in whole or in part as a residence or sleeping place, either permanently or temporarily, by one family and its guests, with sanitary facilities and one kitchen provided within the unit.

(f)

"Fee" means a monetary exaction, other than a tax or special assessment, that is charged by the County of Santa Barbara in connection with approval of a development project or subdivision for the purpose of defraying all, or a portion of, the cost of library facilities related to the development project or subdivision.

(g)

"Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the

purpose of sale or lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 in the California Civil Code, a community apartment project as defined in subdivision (d) of Section 1351 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the California Civil Code, as the same presently exists or may hereafter be amended.

(h)

"Library facilities" includes public improvements and community amenities including but not limited to public libraries, related equipment, buildings, books, related planning, engineering, construction and administrative activity, and any other capital library facility projects identified in the OCP public infrastructure financing program.

(i)

"Library impact" means any development project which generates an increased demand for library facilities within the Orcutt planning area.

(j)

"Public infrastructure financing program" means the AB 1600 fee justification study, fiscal impact report, and financing plan prepared for the Orcutt community planning area dated October 17, 1997, in conjunction with the adoption of this ordinance, as amended from time to time.

(k)

"Capital improvement plan" means the plan for library capital improvements as identified in the PIFP or its successor, as adopted or updated by the board of supervisors. The capital improvement plan indicates the approximate location, size, time of availability and estimated cost of capital improvements to be financed with impact mitigation fees and appropriate money for capital improvement projects.

(l)

"Board of supervisors" means the board of supervisors of the county.

(m)

"County" means the County of Santa Barbara, a political subdivision of the State of California.

(Ord. No. 4314, § 1)

Sec. 21-152. - Adoption of library facility development impact fees.

(a)

Pursuant to this ordinance, library facility development impact fees shall be adopted from time to time by resolution of the board of supervisors after a noticed public hearing. Such fee, when adopted, shall be a

condition of the issuance of permits for, or the approval of, new development projects within the Orcutt community planning area.

(b)

In adopting the resolution, the board of supervisors shall:

(1)

Identify the purpose of the fee;

(2)

Identify the use to which the fee is to be put;

(3)

Determine a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;

(4)

Determine a reasonable relationship between the need for the library facility and the impacts from the type of development project on which the fee is imposed;

(5)

Determine a reasonable relationship between the amount of the fee and the cost of the library facility, or portion of the library facility; and

(6)

Establish a schedule of fees for library facilities.

(Ord. No. 4314, § 1)

Sec. 21-153. - Applicability of fees.

(a)

A library facility development impact fee shall be charged upon the approval for any of the following new development within the Orcutt planning area:

(1)

The construction or installation of new single-family and multifamily (e.g., condos, mobilehomes, apartments, duplexes, townhouses, second units) residential units.

(2)

Additions to existing residential structures that add a new dwelling unit as defined by section 21-151(e).

(3)

The construction or installation of any new nonresidential buildings, including any additions to such existing buildings which add more than five hundred square feet of floor area; within Old Town Orcutt, as defined in July 22, 1997 OCP, only those additions to existing buildings which add more than one thousand square feet shall be subject to the fee.

(Ord. No. 4314, § 1)

Sec. 21-154. - Exemptions.

The following will be exempted from payment of the library development impact fees referenced herein:

(a)

Any development project or subdivision that has no library impact, as defined by section 21-151(i) of this ordinance.

(b)

Any development project that does not require a building permit that allows for the erection, moving, alteration, or improvement within the county.

(Ord. No. 4314, § 1)

Sec. 21-155. - Timing of fee payment.

(a)

Imposition of Fees.

(1)

The schedule of fees in effect on the date the vesting tentative map or vesting tract map for a development project is approved determines the applicable fee on the subject map. If there is no vesting map, the applicant pays according to the schedule of fees in place on the date the fees are paid.

(2)

When the applicant applies for a new permit following the expiration of a previously issued permit for a development project for which fees were paid, another fee payment is not required unless (i) the project has been changed in a way that alters its library impact, or (ii) the schedule of fees has been amended during the interim. In this event, the applicant pays the appropriate increase or decrease in the fees.

(3)

When fees are paid for a development project and the development project is abandoned without any further action beyond the obtaining of a permit or an approval, the payor shall be entitled to a refund of the fees paid, less a portion of the fees sufficient to cover costs of collection, accounting for and administration of the fees paid.

(b)

Payment of Fee.

(1)

Except as set forth in subsections (2) and (3) below, library facility development impact fees shall be paid on the date the final inspection is approved.

(2)

For residential development containing more than one dwelling unit, the developer may request that the fees be paid in installments based on the phasing of their development project. The decision whether to allow installment payments shall be determined by the planning and development director. Any fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.

(3)

The county shall require the payment of fees at an earlier time if the fees will be collected for public improvements of facilities for which an account has been established and funds appropriated and for which the county has adopted a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the local agency for expenditures previously made.

(4)

No building permit for any development project shall be issued unless a contract has been executed to pay the fees, and no final inspection for any development project shall be approved unless fees have been paid.

(Ord. No. 4314, § 1)

Sec. 21-156. - 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 library facility development impact fee(s) based upon the absence of any reasonable relationship or nexus between the library impacts of the project or subdivision and either the amount of the fee(s) charged or the type of library 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 county planning and development department within fifteen calendar days following determination of the fee amount.

(b)

The planning and development director 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. 4314, § 1)

Sec. 21-157. - Fee reduction for beneficial projects.

(a)

The following types of projects may apply for fee reduction, adjustments, or waivers of library 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 library facility development impact fees must be accompanied by a finding of availability of substitute funds to assure that the library facilities can be constructed.

(c)

Any library 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. 4314, § 1)