Sec. 21-350. - Findings.

(a)

In order to implement the goals and objectives of the Goleta community plan and to mitigate impacts caused by new development projects within the Goleta planning area, a public administration facility development impact fee is necessary. The fee is needed to finance public administration 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 public administration facilities within the Goleta planning area.

(2)

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

(c)

The board of supervisors finds that the public health, safety, and general welfare will be promoted by the adoption of a public administration facility development impact fee for the construction, expansion and/or improvement of public administration facilities, the need for which is caused by new development projects.

In establishing a public administration facility development impact fee, the board of supervisors finds the fee consistent with the Santa Barbara County comprehensive plan/land use element and the Goleta 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, Section 15061 and 15273(4), the board of supervisors finds that this ordinance is exempt from the California Environmental Quality Act.

(Ord. No. 4355, § 1)

Sec. 21-351. - Definitions.

For purposes of this ordinance the following terms shall be defined as follows:

(a)

"Goleta community plan" means the plan that updates the Santa Barbara County comprehensive plan for the unincorporated area of Goleta.

(b)

"Goleta planning area" means the area of the County of Santa Barbara delineated by the Goleta community plan adopted by the board of supervisors on August 5, 1993 and as amended from time to time.

(c)

"New development" or "development project" means any change to unimproved or improved real property, including but not limited to, replacement, expansion, construction, or alteration of buildings or structures, which results in a net increase in the number of units (residential) or square footage (commercial/industrial). Any expansion of outdoor areas in conjunction with existing or proposed structural development which would lead to an increase in intensity of use on a parcel shall be considered new development for the purposes of this ordinance. Greenhouses, lot line adjustments, and enclosure of existing uses for weather protection, soundproofing, and other purposes not intensifying the use of the development or parcel shall not be considered new development for the purposes of this ordinance.

(d)

"Residential unit" means any detached or attached living area which comprises an independent selfcontained dwelling unit, including kitchen or cooking facilities, and is occupied or suitable for occupation as a residence for eating, living, and sleeping purposes.

(e)

"Commercial/industrial" means any nonresidential land use, including but not limited to retail, office, professional commercial, research, manufacturing, heavy industry, hotels, motels, utilities, and private recreational.

(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 public administration 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)

"Public administration facilities" means public improvements and community amenities including but not limited to governmental buildings, community/civic centers, portions of community buildings devoted to public administration in Goleta, related planning, engineering, construction and administrative activity, and any other capital public administration facility projects identified in the county's five-year capital improvement plan.

(i)

"Public administration impact" means any development project which generates an increased demand for general governmental facilities.

(j)

"AB 1600 fee justification study" means the AB 1600 fee justification study, prepared for the Goleta planning area dated February 5, 1999, in conjunction with the adoption of this ordinance, and may be amended from time to time.

(k)

"Capital improvement plan" or "CIP" means the plan for public administration capital improvements as identified in the Goleta AB 1600 fee study and/or county's five-year CIP or their 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. 4355, § 1)

Sec. 21-352. - Adoption of public administration facility development impact fees.

(a)

Pursuant to this ordinance, public administration 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 permit approval for new development projects within the Goleta 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 public administration 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 public administration facility, or portion of the public administration facility; and

(6)

Establish a schedule of fees for public administration facilities.

(Ord. No. 4355, § 1)