Sec. 21-131. - 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 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" includes public improvements and community amenities including but not limited to governmental buildings, community/civic centers, portions of community buildings devoted to public administration in Orcutt, related planning, engineering, construction and administrative activity, and any other capital public administration facility projects identified in the OCP public infrastructure financing program.

(i)

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

(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, and may be amended from time to time.

(k)

"Capital improvement plan" means the plan for public administration 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. 4315, § 1)

Sec. 21-132. - 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 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 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. 4315, § 1)

Sec. 21-133. - Applicability of fees.

(a)

A public administration 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 21-131(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. 4315, § 1)