Sec. 21-300. - Findings.

(a)

In order to implement the goals and objectives of the Goleta community plan and to mitigate impacts caused by new commercial and industrial development projects within the Goleta 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 and industrial development and to assure new commercial and industrial development projects pay their fair share for these facilities.

(b)

Sections 66000 et seq. of the California Government Code provide that development impact fees may be enacted and imposed on development projects. The board of supervisors finds and determines that:

(1)

New commercial and industrial development projects cause the need for construction, expansion and/or improvement of park and recreational facilities within the Goleta 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 and industrial development projects, which will result in inadequate park and recreational facilities within the Goleta 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 commercial and industrial 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 and industrial development projects. In establishing a commercial and industrial 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 Goleta community plan.

(d)

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. 4341, § 1)

Sec. 21-301. - Definitions.

Words when used in this ordinance, and in resolutions adopted under the authority of this ordinance, shall have the following meanings:

(a)

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

(b)

"Goleta community planning area" or "Goleta planning area" is defined as that area of the County of Santa Barbara delineated by the Goleta community plan adopted by the board of supervisors on July 20, 1993 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)

"Commercial and industrial" means any building used for retail commercial and/or nonretail commercial and industrial development as identified in article II and III of the County Code, which includes, but is not limited to, retail stores, shops, and offices supplying commodities or performing services, excluding schools, governmental facilities and churches.

(e)

"Retail commercial" 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.

(f)

"Nonretail commercial and industrial" includes, but is not limited to, buildings in which medical activities are conducted, warehouses and wholesale distribution, mini-warehouses, 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.

(g)

"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.

(h)

"Park and recreational facilities" include public park and recreation facilities, open space, riding and hiking trails, ancillary facilities, and any other capital park and recreation facility projects identified in the county's five-year capital improvement plan.

(i)

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

(j)

"Capital improvement plan" means the plan for park capital improvements as identified in the county's fiveyear capital improvement plan 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.

(k)

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

(l)

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

(Ord. No. 4341, § 1; Ord. No. 4364, § 1)

Sec. 21-302. - Adoption of commercial and industrial park and recreational facility development impact fees.

(a)

Pursuant to this ordinance, commercial and industrial 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. Payment of such fee, when adopted, shall be a condition of the issuance of permits for, or the approval of, new commercial and industrial development projects within the Goleta 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 commercial and industrial park and recreational facilities.

(Ord. No. 4341, § 1)