Article 1 — Sheriff's Facilities

3211 - Definitions.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them below.

(a)

Building Official. "Building Official" means the person appointed by the Director of the Resource Management Agency to head the Division of Building and Safety or such person's designee.

(b)

Floor Space. "Floor space" means "floor area" as the latter term is defined in Section 407 of the Uniform Building Code as adopted by Section 4-1 of the Ventura County Building Code.

(c)

New Construction. "New construction," when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. "New construction," when applied to the construction or installation of non-residential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot.

(d)

Overextended. A sheriff's station is "overextended" when, as determined by resolution of the Board of Supervisors, the estimated population of the station's service area exceeds, or the projected population of the service area will at any time within the following five years exceed, the maximum number of people which the station can adequately serve.

(e)

Service Area. The "service area" for a given sheriff's station is that geographical area within the County, including both incorporated and unincorporated territory, within which the station is located and to which the station is the primary provider of police services. The precise boundaries of a given service area shall be determined by resolution of the Board of Supervisors.

(f)

Sheriff's Station. "Sheriff's station" means a building (including furnishings, fixtures and appurtenances) and site which is designed, developed and used to provide the full spectrum of police services (excepting central administration services, main county jail services, and court services provided out of buildings located in the County Government Center) to a given service area.

(g)

Standard Sheriff's Station. "Standard sheriff's station" means a sheriff's station designed to the Sheriff's specifications and containing 28,400 square feet of floor space, of which 6,450 square feet are used solely for custodial purposes.

3212 - Sheriff's facilities fee.

Within the unincorporated portion of any service area for which the existing sheriff's station is overextended, a sheriff's facilities fee computed pursuant to this Article shall be paid as a condition precedent to the issuance of any building permit for new construction.

3213 - Computation of fee for residential construction.

The amount of the sheriff's facilities fee to be paid pursuant to Section 3212 with respect to the construction of residential buildings or the installation of mobilehomes shall be the dollar amount equal to "X" in the following formula:

X = ACD

 B

where:

"A" equals the estimated cost of acquiring a standard sheriff's station, excluding the cost of acquiring that portion to be used solely for custodial purposes, but including land acquisition, site preparation and landscaping costs;

 "B" equals the maximum number of people who can be served adequately by a standard sheriff's station;

 "C" equals the estimated average number of people who will reside in each dwelling unit in the buildings or mobilehomes for which the permit is issued multiplied by a number equal to the number of dwelling units which will be contained in such buildings or mobilehomes after construction minus, in cases where the construction is the replacement or modification of existing buildings or mobilehomes, the number of dwelling units contained in such buildings or mobilehomes immediately prior to construction; and

 "D" equals the estimated portion, expressed as a decimal, of the standard sheriff's station needed to provide service to residential buildings and mobilehomes, as opposed to nonresidential buildings.

The specific number of values to be assigned to "A," "B," and "D" in the foregoing formula, and the estimated average number of people per dwelling unit for the purposes of computing the value "C" in the foregoing formula, shall be determined by resolution of the Board of Supervisors from time to time on the basis of evidence submitted to it.

With respect to residential buildings or mobilehomes constructed or installed within a subdivision for which the tentative map was approved subject to the condition that the subdivider donate sheriff's facilities and/or land for such facilities, a credit shall be given against the fee on account of such donated facilities and/or land which are accepted by the County. For the purposes of this Section, unfinished facilities and the land therefor shall be deemed to have been "accepted" by the County if such facilities are to be completed pursuant to a secured improvement agreement made in accordance with Section 66462 of the Government Code. The amount of the credit shall be determined as follows:

(a)

The fair market value of the donated and accepted facilities and/or land as of the date on which the final or parcel map was recorded shall be determined by written agreement of the Sheriff and the subdivider or applicant or, if they should fail to agree, by an independent appraiser selected by the Sheriff and paid for by the subdivider or applicant.

(b)

The estimated number of people who will reside in the entire subdivision when it is fully developed shall be determined by multiplying the number of dwelling units proposed for the subdivision by the estimated average number of people who will reside in each unit and then adding the products. The estimated average number of people who will reside in each dwelling unit shall be the same as that used to calculate the value of "C" in the foregoing formula.

(c)

The fair market value as determined pursuant to (a) above shall then be divided by the estimated number of people who will reside in the entire subdivision as determined pursuant to (b) above.

(d)

The estimated average number of people who will reside in the unit to be constructed or installed shall be multiplied by the quotient determined pursuant to (c) above. The credit for that unit shall be the dollar amount equal to the product; provided, however, that the amount of the credit shall not exceed the amount of the fee.

3214 - Computation of fee for nonresidential construction.

The amount of the sheriff's facilities fee to be paid pursuant to Section 3212 with respect to the construction of a nonresidential building shall be the dollar amount equal to "Y" in the following formula:

Y = AFG

 E

where:

"A" equals the number value assigned to "A" for the purpose of Section 3213;

 "E" equals the maximum square footage of nonresidential building floor space which can be served adequately by a standard sheriff's station;

 "F" equals the number of square feet of floor space in the buildings for which the permit is issued minus, in cases where the construction is the replacement or modification of existing buildings, the number of square feet of floor space in such existing buildings immediately prior to such replacement or modification; and

 "G" equals the number one minus the number value assigned to "D" for the purposes of Section 3213. The specific number value to be assigned to "E" in the foregoing formula shall be determined by resolution of the Board of Supervisors from time to time on the basis of evidence submitted to it.

3215 - Use of sheriff's facilities fee.

All sheriff's facilities fees collected pursuant to Section 3212 shall be deposited in a restricted account within the County treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of acquiring or improving sheriff's stations serving the service area, or portions thereof, from which the fees were collected.

3216 - Administration fee.

In addition to the sheriff's facilities fee imposed by Section 3212, an administration fee shall also be paid as a condition precedent to the issuance of any building permit for new construction. The administration fee shall be in an amount equal to the estimated average cost, as determined by resolution of the Board of Supervisors from time to time, of processing such permit in accordance with the provisions of this Article.

3217 - Refund of fee.

Any fee erroneously collected under color of this Article shall be refunded without interest to the payor if, within one year after the date on which such fee was deposited in the County treasury, the payor files a written application therefor with the Building Official and provides proof of such error satisfactory to the Building Official. Any sheriff's facilities fee collected pursuant to Section 3212 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the Building Official within 180 calendar days after such cancellation or expiration.