Sec. 21-170. - 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 sheriff facility development impact fee is necessary. The fee is needed to finance sheriff 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 sheriff facilities within the Orcutt planning area.

(2)

Funds for construction, expansion and/or improvement of sheriff facilities are not available to accommodate the needs caused by new development projects, which will result in inadequate sheriff 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 sheriff facility development impact fee for the construction, expansion and/or improvement of sheriff facilities, the need for which is caused by new development projects. In establishing a sheriff 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. 4312, § 1)

Sec. 21-171. - 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 sheriff 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)

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

(i)

"Sheriff impact" means any development project which generates an increased demand for sheriff facilities and personnel

(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 sheriff 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. 4312, § 1)