Sec. 21-172. - Adoption of sheriff facility development impact fees.

(a)

Pursuant to this ordinance, sheriff 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 sheriff 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 sheriff facility, or portion of the sheriff facility; and

(6)

Establish a schedule of fees for sheriff facilities.

(Ord. No. 4312, § 1)

Sec. 21-173. - Applicability of fees.

(a)

A sheriff 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 21-171(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. 4312, § 1)

Sec. 21-174. - Exemptions.

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

(a)

Any development project or subdivision that has no sheriff facility impact, as defined by section 21-171(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. 4312, § 1)

Sec. 21-175. - 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 sheriff 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, sheriff facility development impact fees shall be paid on the date the final inspection is issued.

(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 county sheriff. 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 issuance of the certificate of occupancy, 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. 4312, § 1)

Sec. 21-176. - 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 sheriff facility development impact fee(s) based upon the absence of any reasonable relationship or nexus

between the sheriff impacts of the project or subdivision and either the amount of the fee(s) charged or the type of sheriff 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 sheriff within fifteen calendar days following determination of the fee amount.

(b)

The county sheriff department 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. 4312, § 1)

Sec. 21-177. - Fee reduction for beneficial projects.

(a)

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

(c)

Any sheriff 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. 4312, § 1)