Sec. 21-189. - Reserved.

Division 4. - Commercial/Industrial Park and Recreational Facility Development Impact Fees

Sec. 21-190. - Findings.

(a)

In order to implement the goals and objectives of the Orcutt community plan and to mitigate impacts caused by new commercial/industrial (C/I) development projects within the Orcutt planning area, a park and recreational facility development impact fee is necessary. The fee is needed to finance park and recreational facilities necessary to serve new commercial development and to assure new commercial/industrial 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 commercial/industrial development projects cause the need for construction, expansion and/or improvement of park and recreational facilities within the Orcutt planning area.

(2)

Funds for construction, expansion and/or improvement of park and recreational facilities are not available to accommodate the needs caused by new commercial/industrial development projects, which will result in inadequate park and recreational 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 park and recreational facility development impact fee for the construction, expansion and/or improvement of park and recreational facilities, the need for which is caused by new commercial/industrial development projects. In establishing a park and recreational 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. 4316, § 1)

Sec. 21-191. - 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)

"Commercial/industrial" means any building used for retail commercial and/or nonretail commercial and industrial development.

(g)

"Retail commercial" means and includes, but is not limited to, food stores, book stores and video rental stores, drug stores, laundry and cleaning establishments, barber shops and beauty parlors, repair shops for shoes, radios, TV and domestic appliances, professional services, studios and clinics, automotive service stations, vehicle maintenance and repair, banking, insurance and real estate services, restaurants, small bakeries, theaters, bowling alleys, and social clubs, discount stores, home supply stores.

(h)

"Nonretail commercial and industrial" means and includes, but is not limited to, buildings in which professional, clerical or medical activities are conducted, warehouses and wholesale distribution, miniwarehouses, truck terminals, manufacturing, processing, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material, or produce, sheet metal and welding shops, wholesale lumber yards, contractors yards, auto wrecking yards, canneries, commercial feed lots and stock yards, research and development, light industrial such as product assembly, laboratories, printing plants, and power stations, hotels and motels.

(i)

"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 park facilities related to the development project or subdivision.

(j)

"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

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.

(k)

"Park and recreational facilities" includes public improvements and community amenities including but not limited to public parks, open space, riding and hiking trails, curbs, gutter, grading, drainage facilities, street lighting, stop lights, street signs, matching pavement, street trees, lawn and irrigation systems, landscaping, park roads, driveways, restrooms, playground equipment, swimming or wading pools, tennis courts, picnic facilities, sports facilities, ranger housing, stub-in of utility line services to the parkway, related planning, engineering, construction and administrative activity, and any other capital park and recreation facilities projects identified in the OCP public infrastructure financing program.

(l)

"Park and recreational impact" means any commercial/industrial development project which generates an increased demand for park and recreational facilities within the Orcutt planning area.

(m)

"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.

(n)

"Capital improvement plan" means the plan for park 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.

(o)

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

(p)

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

(Ord. No. 4316, § 1)

Sec. 21-192. - Adoption of C/I park and recreational facility development impact fees.

(a)

Pursuant to this ordinance, C/I park and recreational 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 commercial/industrial 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 park and recreational 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 park and recreational facility, or portion of the park and recreational facility; and

(6)

Establish a schedule of fees for park and recreational facilities.

(Ord. No. 4316, § 1)

Sec. 21-193. - Applicability of fees.

(a)

A commercial and industrial park and recreational 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 21-191(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. 4316, § 1)