(Ord. No. 4902, § I, 10-21-2014)
Sec. 15-53. - Timing of fee payment.
(a) Imposition of Fees.
(1) Fees shall be imposed at the time of approval of any discretionary permit for development or if the proposed development does not require any discretionary approvals, at the time of any other permit required for the development to proceed, including but not limited to building permits. The applicant pays according to the schedule of fees in place on the date the fees are paid. (2) The schedule of fees in effect on the date the vesting tentative map or vesting tract map for a development project is deemed complete determines the applicable fee imposed 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.
(3) 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 (1) the project has been changed in a way that alters its fire facility development mitigation impact, or (2) the schedule of fees has been amended during the interim. In this event, the applicant pays the appropriate increase or decrease in the fees. (4) 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.
(b) Payment of Fee.
(1) Except as set forth in subsection (b)(2) and (3) of this section, fire development impact mitigation fees shall be paid on the date the final inspection is approved or the date the certificate of occupancy is issued, whichever occurs first.
(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 fire chief. 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 may 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 the fees are to reimburse the local agency for expenditures previously made. (4) If, for any reason, a permit or certificate of occupancy is issued without the payment of the fee required by this article or without written evidence establishing that the provisions of this article have otherwise been satisfied, the applicant shall remain liable for payment of the fee to county fire.
(Ord. No. 4902, § I, 10-21-2014)
Sec. 15-54. - Fee adjustment.
(a) A developer of any project, or a subdivider of any land, subject to the payment of fees pursuant to this article may appeal to the board of supervisors for a reduction, adjustment, or waiver of any fire development impact mitigation fee(s) based upon the absence of any reasonable relationship or nexus between the fire impacts of the project or subdivision and either the amount of the fee(s) charged or the type of fire 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 fire chief within fifteen calendar days following imposition of the fire development impact mitigation fee.
(b) The fire chief 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. 4902, § I, 10-21-2014)
Sec. 15-55. - Fee account.
(a) Upon receipt of a fee subject to this article, the county shall deposit, invest, account for and expend the fire development impact mitigation fees pursuant to California Government Code 66006. (b) Fire development impact mitigation fees paid shall be held by the county fire department in a separate fire development impact mitigation fee account to be expended for the purpose for which they were collected. The county fire department shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-56. - Use of funds.
(a) Funds collected from fire development impact mitigation fees shall be used to acquire, construct, and install fire facilities, equipment or apparatus or reimburse costs of previously constructed facilities, or previously purchased equipment or apparatus that serve the new development. (b) No funds collected pursuant to this article shall be used for periodic or routine maintenance. (c) Funds may also be used to pay debt service on bonds or similar debt instruments to finance the acquisition, construction and installation of fire facilities, equipment or apparatus that serve the new development.
(d) Any costs incurred by the county in conducting the hearing required pursuant to Government Code Section 66018(a) may be recovered as part of the fees which were the subject of the hearing. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-57. - Developer construction of facilities.
In lieu fee credit for the construction or dedication of fire facilities, is allowable under the following conditions:
(a) Only the costs of fire facilities listed on, or exempted from, the applicable fire facility capital improvement plan shall be eligible for in-lieu credit.
(b) With prior approval of the county fire chief or his/her designee, an in-lieu credit of fees may be granted for actual construction costs (or a portion thereof) of fire facilities provided by the developer.
(c) If the actual construction cost is greater than the required relevant fees, the county shall have no obligation to pay the excess amount.
(d) An amount of in-lieu credit that is greater than the specific fee(s) required under this article may be reserved and credited toward the fee of any subsequent phases of the same development or subdivision, if such credit is determined to be appropriate and timely, and approved in advance by the county fire chief.
(e) If an applicant is required, as a condition of approval for a discretionary permit to construct any off site fire facilities, and the cost of the facilities is determined to exceed the fee due under article, a reimbursement agreement may be offered in writing by the county fire chief. The reimbursement agreement shall contain terms and conditions approved by the county fire chief, auditor-controller, county counsel and the board of supervisors. This section shall not create any duty to offer a reimbursement agreement.
(f) A developer or subdivider seeking credit and/or reimbursement for construction or improvements of facilities, or dedication of land or rights-of-way, shall submit documentation acceptable to the county fire chief to support the request for credit or reimbursement. The county fire chief shall determine whether the facilities or improvements are eligible for credit or reimbursement, and the amount of such credit or reimbursement due the developer or subdivider if so eligible.
(g) Any claim for credit must be made at or before the time of application for a building permit. Any claim not so made shall be deemed waived.
(h) Exemptions, credits, reductions, adjustments, or waiver of fees shall not be transferable from one project or subdivision to another without the board of supervisors' approval. (i) Determination made by the county fire chief pursuant to this Section 15-57 may be appealed to the board of supervisors by filing a written request with the clerk of the board, together with a fee established by the board of supervisors, within ten working days of the determination of the county fire chief.
(Ord. No. 4902, § I, 10-21-2014)
Sec. 15-58. - Condition for refunds.
If a permit upon which a fee was based expires without commencement of construction, the taxpayer shall be entitled to a refund of the fire development impact fee(s) paid, with any interest accrued thereon, as a condition for the issuance of the permit. The fee payer shall submit a written request for a refund to the county fire chief within two years after the expiration date of the permit. Failure to timely submit a request for a refund may constitute a waiver of any right to a refund. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-59. - Annual report.
(a) At least once every year a proposed capital improvement plan detailing the specific fire facilities to be funded by fire facility development impact fees shall be reported to the board of supervisors. Notice of the plan shall be given pursuant to Government Code Section 65090 and Section 66002, as they now exist or may be amended. At a public hearing the board of supervisors shall review estimated costs of the fire facilities described in the report, the continued need for these facilities, and the reasonable relationship between the need and the impacts of development for which the fees are charged. The board of supervisors may revise the capital improvement program to include additional projects not previously foreseen as being needed.
(b) No later than sixty days following the end of each fiscal year, the county fire chief shall submit a report to the auditor-controller identifying the balance of fees in the fire development impact fee mitigation program fund established pursuant to this article, and the facilities proposed for construction during the next fiscal year. In preparing the report, the county fire chief shall adjust the estimated costs of the public improvements in accordance with the appropriate engineering construction cost index as published by Engineering News Record, or its successor publication, for the elapsed time period from the previous July 1st or the date that the cost estimate was developed.
(c) Within one hundred eighty days after the last day of each fiscal year, the auditor-controller shall present a report to the Board of Supervisors including:
(1) A brief description of the type of fee in the account; (2) The amount of the fee;
(3) The beginning and ending balance of the account;
(4) The amount of the fees collected and the interest accrued; (5) An identification of each public facility, apparatus, or equipment on which fees were expended and the amount of the expenditures;
(6) An identification of the approximate date by which construction or purchase of any public facility, apparatus, or equipment will commence if it has been determined that sufficient funds have been collected to complete financing on incomplete public facilities, apparatus, or equipment; (7) A description of each interfund transfer or loan made; and (8) The amount of refunds made and any allocations.
(d) The county fire chief or his/her designee shall report to the board of supervisors, once each fiscal year, any portion of fire facility development impact fees remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. In accordance with Government Code Section 6061, the board of supervisors shall make findings once each fiscal year on any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to:
(1) Identify the purpose to which the fee is to be put; (2) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (3) Identify all sources and amounts of funding anticipated to complete financing; (4) Designate the approximate dates on which the finding is expected to be deposited into the appropriate account or fund.
(e) When sufficient finds have been collected to complete financing on identified incomplete public facilities, apparatus, or equipment and the public facilities, apparatus, or equipment remain incomplete, within one hundred eighty days of the determination that sufficient funds have been collected, an approximate date by which the construction or purchase of any public facility, apparatus, or equipment will commence shall be identified, or the county shall refund to the then current record owners or owners of the lots or units, as identified in the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon.
(f) If the administrative costs of refunding unexpected and uncommitted revenues collected pursuant to this article exceeds the amount to be refunded, the board of supervisors, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected pursuant to Government Code Section 66001 et seq. and that serves the project on which the fee was originally imposed. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-60. - Fee revision by resolution.
The amount of each fee established pursuant to this article may be set and revised periodically by resolution of the board of supervisors. This article shall be considered enabling and directive in this regard. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-61. - Superseding provisions.
This article and any resolution adopted pursuant hereto supersedes any previous county ordinance or resolution to the extent the same is in conflict with this article. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-61.1. - Severability.
If any section, phrase, sentence, or portion of this article is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the remaining portions of this article.
(Ord. No. 4902, § I, 10-21-2014)
Sec. 15-61.2. - Effective date.
Pursuant to California Code Section 66017 (a), this ordinance shall be in full force and effect sixty days after the date of its adoption by the board of supervisors. Fire development impact mitigation fees applicable within each of the cities served by the fire department shall be effective sixty days after adoption by each respective city.
(Ord. No. 4902, § I, 10-21-2014)
Sec. 15-61.3. - Publication.
The clerk of the board is hereby authorized and directed to publish this ordinance by one insertion in the Santa Barbara News-Press, the Lompoc Record, the Santa Ynez Valley News, and the Santa Maria Times, and all other newspapers of general circulation within Santa Barbara County, within fifteen days of its adoption by the board of supervisors.
(Ord. No. 4902, § I, 10-21-2014)
Article IIIA. - Carpinteria-Summerland Fire Protection District Fire Protection Mitigation Fee Ordinance
Sec. 15-62. - Title.
This article shall be known and may be cited as the "Carpinteria-Summerland Fire Protection District Fire Protection Mitigation Fee Ordinance."
(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-63. - Definitions.
"Administrator" as used herein means the county administrator for the County of Santa Barbara or his/her duly authorized designee, which designee may in certain instances be an employee of the district. "Building" means a structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any person, animal or chattel.
"Carpinteria-Summerland Fire Protection District" or "district" means the fire protection district formed pursuant to the Fire Protection District Law of 1987 having jurisdiction over that portion of Santa Barbara County consisting of approximately thirty-six square miles along the coast of Santa Barbara County that extends from the town of Summerland through the south-eastern boundary of the County of Santa Barbara.
For the purpose of this article, the term Carpinteria-Summerland Fire Protection District shall not include that portion of such district which lies within the limits of the city of Carpinteria if the inclusion of such portion would be inconsistent with the imposition of fees pursuant to this article by the Santa Barbara County board of supervisors.
"Development" or "development project" means any project undertaken for the purpose of development in the district and shall include all projects involving the issuance of a permit for construction or reconstruction, remodeling, or any work requiring any permit under the Santa Barbara County Code or ordinances of the County of Santa Barbara, as the same presently exist or may be amended from time to time hereafter. The term "development" or "development project" shall also include the erection of greenhouses, manufactured housing or structures, and structures moved into the district. "Fire protection mitigation fee" means a monetary exaction, other than a tax or special assessment, which is charged by the County of Santa Barbara to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in § 66477 of the California Government Code, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 (commencing with § 65864) of Chapter 4, Division 1, Title 7 of the California Government Code.
"Fire apparatus" includes, but is not limited to, fire trucks, brush trucks, utility vehicles, water tenders, bulldozers, paramedic rescue vehicles and paramedic ambulances. "Fire equipment" includes, but is not limited to, ladders fittings, hoses and tools. "Public facilities" includes, for purposes of this article, such public improvements, including buildings and structures, public services and community amenities, including but not limited to fire apparatus and fire equipment, as may be needed by the Carpinteria-Summerland Fire Protection District to meet its statutory and other obligations to the public.
"Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, excluding mobilehomes located in a mobilehome park.
(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-64. - Purpose.
The purpose of this article is to provide for the health and safety of residents of the district and to mitigate the impacts caused by new development within the district on the district's ability to provide adequate fire protection services. In order to accomplish these purposes, certain fire protection capital improvements including buildings, structures and fire equipment and fire apparatus must be constructed or acquired by the district. The board of supervisors has determined that a fire protection mitigation fee is needed in order to finance these public facilities and to pay for the new development's fair share of the construction or acquisition costs of these public facilities. In establishing the fee described in this article, the board of supervisors has found the fee to be consistent with Santa Barbara County's general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing need as established in the housing element of the general plan. The board of supervisors further finds that the fees established by this article are based upon an analysis of existing land use and zoning, they do not exceed the reasonable cost of providing fire protection public facilities occasioned by development projects within the district, and they relate rationally to the reasonable cost of providing fire protection public facilities occasioned by development projects within the district. (Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1)
Sec. 15-65. - Establishment and imposition of development impact fees and pro-viding for their adoption by resolution of the board of supervisors.
(a) A fire protection mitigation fee is hereby established and imposed on all development within the district to pay for public facilities necessary for the district to provide fire protection services. Such facilities include, but are not limited to, fire equipment, fire apparatus, buildings, structures, and other improvements.
(b) The board of supervisors shall, from time to time adopt, after noticed public hearing, a resolution setting forth specific fire protection mitigation fees. In adopting the resolution, the board shall: (1) identify the purpose of the fee; (2) identify the use to which the fee is to be put, consistent with subsection (a)(2) of Section 66001 of the Government Code; (3) determine a reasonable relationship between the fee's use and the type of residential development project on which the fee is imposed; (4) determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and (5) establish a schedule of fees. (c) Any person who, after the effective date of the ordinance codified in this article, seeks to develop land within the Carpinteria-Summerland Fire Protection District as defined herein by applying for a building permit is required to pay a fire protection mitigation fee. (d) The fees required by this article shall be paid prior to the issuance of a building permit for each development project. With regard to mobilehome parks, the fees under this article are due at the time the mobilehome parks or additions thereto are approved for occupancy. (e) If, for any reason, a building permit is issued without the payment of the fee required by this article or written evidence establishing that the provisions of this article have otherwise been satisfied, the applicant shall remain liable for payment of the fee to the Carpinteria-Summerland Fire Protection District.
(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-66. - Segregation and use of funds.
Fees collected pursuant to this article shall be deposited in an interest bearing capital trust account established solely for Carpinteria-Summerland Fire Protection District fees. This capital trust account shall be utilized in a manner to avoid commingling with the district's other funds. Any interest income earned on a specific account shall be deposited back in that account. The funds in such account shall be expended by the district only for the purposes for which the fees were collected, which purposes shall be identified by the board of supervisors in the fee structure adopted pursuant to Article 15-65(b). (Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-67. - Automatic adjustment of fee structure.
(a) The fire protection mitigation fee structure shall be adjusted automatically on the first day of each fiscal year, beginning on July 1, 2006, by a percentage equal to the Engineering Cost Index as published by Engineer News Record for the preceding twelve months. The district shall provide county with the data necessary to accomplish such annual adjustments. (b) The fee structure of this article may be more specifically set and revised periodically by adoption of a resolution by the board of supervisors, with the ordinance codified in this article being considered as enabling and directive in this regard.
(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-68. - Zoning utilized to compute fee.
The approved development and/or the use associated with the development project shall be the basis for the computation of the fee required to be paid with respect to any property. Properties may be classified into categories of use such as, but not limited to, estate single family residential, detached residential, multiple family residential, mobile homes, senior assisted living, commercial lodging, retail/service/commercial/office, industrial/manufacturing uses, or institutional uses. Fees shall be computed based on such classifications, as determined by the county administrator. All fees due hereunder shall be determined and calculated by the administrator. (Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1; Ord. No. 4989, § I, 2-14-2017) Sec. 15-69. - Payment of fee.
(a) The fees established pursuant to this article shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided herein. Fees imposed on residential development, however, shall be collected in accordance with the provisions of California Government Code Section 66007, as the same presently exists or may hereafter be amended from time to time.
(b) The term building permit as used in this article includes any permits required for construction, reconstruction, remodeling, moving structures into the county, and the like, such as electrical and plumbing permits, moving permits, and the like.
(Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-70. - Adjustment of fees for specific development projects. (a) A developer of any project subject to a fire protection mitigation fee as required in this article may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development on fire protection services and either the amount of the fee charged or the type of the facilities to be financed. The application shall be made in writing and filed with the county clerk not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit.
The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment.
The board of supervisors shall consider the application no later than the later of either of (a) the public hearing on the permit application, or (b) a separate hearing held within sixty days after the filing of the fee adjustment application. The decision of the board of supervisors shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. The board of supervisors may, from time to time, set forth by resolution specific limitations that will apply to reductions, adjustments or waivers of fees that may be made pursuant to this section. In this regard, this article shall be considered enabling and directory. (Ord. No. 3878, § 1; Ord. No. 4494; Ord. No. 4566, § 1) Sec. 15-71. - Refund of fees paid.
(a) If construction of a development project has not commenced before the expiration of the building permit that would have enabled the applicant to proceed with construction, then a feepayer shall be entitled to a refund, without interest, of the fire protection mitigation fee paid as a condition for the issuance of such permit. The feepayer must submit an application for such a refund to the Administrator within thirty calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.
(b) In the event any fee collected pursuant to this article remains unexpended in the fund established pursuant to this article, the board of supervisors shall make the following 'findings for the fifth fiscal year following the first deposit into such account, and every five years thereafter, with respect to that portion of the fee remaining unexpended, whether committed or uncommitted: (1) identify the purpose to which the fee is to be put; (2) demonstrate a reasonable relationship between the fee and the purpose for which it was charged; (3) identify all sources and amounts of funding anticipated to complete financing of public facilities; and (4) designate the approximate dates on which such funding is expected to be deposited into the fund.
(c) The unexpended portion of the fire protection mitigation fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to this section, shall be refunded to the then current record owner or owners of lots or units of the development project or projects on a prorated basis. (d) The provisions of California Government Code § 66001(d), (e) and (f), as the same may be amended from time to time, shall apply fully to any refund of fees, and the provisions of this section 15-71 shall be subordinate to the section and shall be applied in a manner consistent therewith. (Ord. No. 4566, § 1)
Sec. 15-71.1. - Exemptions.
Any claim of exemption with respect to any fee collected pursuant to this article must be made no later than the time for application for fee adjustment in accordance with Section 15-70. The following shall be exempted from payment of the fire protection mitigation fee:
(a) Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created, the use is not changed, and the alteration, ' renovation, or expansion of the existing residential building or' structure does not result in the total square footage of the existing residential building or structure exceeding two thousand seven hundred square feet; provided, however, that the expansion of or ' change of use of an existing commercial or industrial building or structure shall not be exempt from the fees established in this article. For purposes of this section, "expansion" shall be defined as any increase in the enclosed floor area of the existing building or structure and "change of use" shall be defined as the initiation of a use which requires approval of a conditional use permit, development plan, zone change, or local coastal plan amendment.
(b) The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.
(Ord. No. 4566, § 1)
Sec. 15-71.2. - Credits for certain development projects. (a) New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under the Santa Barbara County Code, including a nonconforming use.
(b) New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide, or other casualty or act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under the Santa Barbara County Code, including a nonconforming use, at the time, thereof.
(c) Credit for such eliminated development or development that was partially or totally destroyed (as above specified) shall be calculated by the administrator in accordance with the fee schedule set forth in the resolution to be adopted pursuant to this article. (Ord. No. 4566, § 1)
Sec. 15-71.3. - Developer construction of fire protection public facilities. (a) "In Lieu" Fee Credits for Construction of Public Facilities. (1) A development that has been required by the county to construct or provide fire protection public facilities (or a portion thereof) as a condition of approval of a development permit may request an in-lieu credit. Upon request, an in-lieu credit of fees shall be granted for public facilities that mitigate all or a portion of the need therefore that is attributable to and reasonably related to the given development.
(2) Only costs proportional to the amount of the facilities that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit, and then only against the fire protection mitigation fee.
(3) Fees required under this article shall be reduced by the actual construction costs of the public facilities that relate to said fees, as demonstrated by the applicant and reviewed and approved by the administrator, all consistent with the provisions of subsections (1) and (2) of this section 15- 74(a). Subject to the applicable provisions of subsection (b) of this section, if the cost of the facilities is greater than required relevant fees, this article does not obligate the county to pay the applicant the excess amount.
(4) An amount of in-lieu credit that is greater than the specific fee required under this article may be reserved and credited toward the fire protection mitigation fee of any subsequent phases of the same development, if determined appropriate by the administrator. The administrator may set a time limit for reservation of the credit.
(5) Credits shall be calculated by the administrator in accordance with the fee schedule adopted by the board of supervisors pursuant to this article.
(b) Developer Construction of Public Facilities Exceeding Needs Related to Development Project.
Whenever an applicant is required, as a condition of approval of a development permit, to, construct any public facility (or a portion thereof) referenced in the resolution adopted by the board of supervisors pursuant to this article, which facility is determined by the board of supervisors to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit 'against the specific relevant fee that would otherwise be charged pursuant to this article on the development project shall be offered. The credit shall be applied with respect to that portion of the public facility that is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this article. The amount to be reimbursed shall be that portion of the cost of the public facility that exceeds the need attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the applicant and the County of Santa Barbara, and shall be approved by the board of supervisors.
(c) Site-Related Improvements. Credit shall not be given for site-related improvements that are specifically required by the project in order to serve it and that do not constitute public facilities as defined in this article.
(d) Determination of Credit. The developer seeking credit and/or reimbursement for construction or acquisition of public facilities shall submit such documentation, including without limitation engineering drawings, specifications, and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the county administrator to support the request for credit or reimbursement. The administrator shall determine credit for construction of public facilities based upon either the applicant's cost estimates or upon alternative engineering criteria and construction cost estimates if it is determined that such estimates submitted by the applicant are either unreliable or inaccurate. The administrator shall determine which public facilities, if any, are eligible for credit or reimbursement.
(e) Time for Making Claim for Credit. Any claim for credit must be made not later than the date when the applicant applies for a building permit for the development. Any claim not so made shall be deemed waived.
(f) Transferability of Credit. Credit shall not be transferable from one project or development to another without the approval of the board of supervisors.
(g) Appeal of Determinations. Determinations made by the administrator pursuant to the provisions of this section may be appealed to the board of supervisors by filing a written request, together with any fee established by the board of supervisors, within ten calendar days of the determination of the administrator.
(Ord. No. 4566, § 1)
Sec. 15-71.4. - Annual review.
(a) Except in the first year following adoption by the board of supervisors of the fee structure in accordance with Section 15-65, the district, on an annual basis, no later than sixty days following the end of each fiscal year, shall submit a report to the board of supervisors identifying the balance of fees in the fund or account reserved for the use of the district; the public facilities constructed or acquired; and the public facilities to be constructed or acquired. In preparing the reports, the administrator shall adjust the estimated costs of the public facilities in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period from the first day of the fiscal year or the date that the cost estimate was developed. (b) At a noticed public hearing, the board of supervisors shall review estimated costs of the public facilities described in the reports, and the continued need for these facilities. The board of supervisors may revise the fire protection mitigation fee to include additional projects not previously identified as being needed, provided that such revisions comply with the provisions of this article and California Government Code § 66001.
(c) The report prepared by the Administrator and its review by the board of supervisors as well as any findings thereon, shall be subject to the provisions of California Government Code § 66006, to the extent applicable.
(Ord. No. 4566, § 1)
Sec. 15-71.5. - California state law.
The provisions of this article and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of Chapter 5 (commencing with Section 66000), Division 1, of Title 7 of the California Government Code, as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any applicable conflict between the provisions of this article and the state law, the latter shall control. (Ord. No. 4566, § 1)
Sec. 15-71.6. - Superseding provisions.
The provisions of this article and any resolution adopted pursuant hereto shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith. (Ord. No. 4566, § 1)
Article IIIB. - Reserved[4]
Secs. 15-72—15-79.10. - Reserved.
Article IIIC. - Reserved[5]
Secs. 15-79.20—15-79.37. - Reserved.
Article IV. - Reserved[6]
Secs. 15-80 through 15-99. - Reserved.
Article V. - Fees
Sec. 15-100. - Applicability of article.
The fees set forth in this article shall be applicable to the corresponding inspection services provided by the Santa Barbara County Fire Department.
(Ord. 3788; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)
Sec. 15-101. - Fee schedule.
The fees contained in this section are based on the average amount of staff time required for inspection, processing and issuance of each permit type. (a) Operational Permits.
Permit Type Fee
105.5.1 Additive Manufacturing
105. 5.2 Aerosol products $99.00
105.5.3 Amusement buildings (1-3)
1. 50-100 occupants $99.00
2. 101-300 occupants 149.00
3. Over 300 occupants 198.00
105.5.4 Aviation facilities $149.00
105.5.5 Carnivals and fairs (1-3)
1. 50-100 occupants $99.00
2. 101-300 occupants $149.00
3. Over 300 occupants $279.00
105.5.6 Cellulose nitrate film $198.00
105.5.7 Combustible dust-producing operations $99.00
105.5.8 Combustible fibers $99.00
105.5.9 Compressed gases $99.00
105.5.10 Covered and open mall buildings $149.00
105.5.11 Cryogenic fluids $99.00
105.5.12 Cutting and welding $99.00
105.5.13 Dry cleaning $99.00
105.5.14 Energy Storage Systems
105.5.15 Exhibits and trade shows $274.00
105.5.16 Explosives $206.00
105.5.17 Fire hydrants and valves
105.5.18 Flammable or combustible liquids
1. Pipeline $137.00
2. To store Class I liquids >5 in, >10 out $99.00
3. To store Class II or III-A liquids >25 in, >60 out $99.00
5. Removal of Class I or II liquids from UST CUPA fees apply *
6. To install, construct, alter or operate equipment, tanks, plants, terminals, wells, refineries, etc. $1,370.00
7. To place temporarily out of service a tank
UST CUPA fees apply *
AST — less than 1,320 gallons $137.00
AST — equal to or greater than 1,320 gallons $548.00
8.To change tank content type CUPA fees apply *
9. To manufacture, process, blend or refine Actual cost (Sec. 15- 102)
10. Dispensing into fuel tanks of motor vehicles $99.00
11. Dispensing from tank vehicles to motor vehicles $99.00 105.5.18.6.1 To maintain non-operational petroleum facilities 105.5.19 Floor finishing $99.00
105.5.20 Fruit and crop ripening $99.00
105.5.21 Fumigation and insecticidal fogging $198.00
105.5.22 Hazardous materials (see Groups 1—4 below)
Group 1 (see below) $99.00
Group 2 (see below) $198.00
Group 3 (see below) $248.00
Group 4 (see below) $297.00
105.5.23 HPM Facilities $198.00
105.5.24 High-piled storage $198.00
105.5.25 Hot work operations $99.00
105.5.26 Industrial ovens $274.00
105.5.27 Lumber yards and woodworking plants $149.00
105.5.28 Liquid or gas fueled vehicles or equipment in assembly buildings $99.00
105.5.29 LP-gas $99.00
105.5.30 Magnesium $198.00
105.5.31 Miscellaneous combustible storage $99.00
105.5.32 Mobile fueling of hydrogen-fueled vehicles
105.5.33 Motor fuel-dispensing facilities
105.5.33.1 Mobile fueling operations
105.5.34 Open burning
Burn Permit Program: (1-3 below)
105.5.34.1 Agricultural $50.00
105.5.34.2 Backyard $50.00
105.5.34.3 Fire Hazard Reduction $50.00
105.5.35 Open flames and torches $99.00
105.5.36 Open flames and candles $99.00
105.5.37 Organic coatings $99.00
105.5.38 Outdoor assembly event
105.5.39 Places of assembly (1-3 below)
1. 50—100 occupants $99.00
2. 101—300 occupants $149.00
3. over 300 occupants $198.00
105.5.42 Pyrotechnic special effects material $274.00
105.5.43 Pyroxylin plastics $198.00
105.5.44 Refrigeration equipment $99.00
105.5.45 Repair garages and motor fuel-dispensing facilities $99.00 105.5.46 Rooftop heliports Actual cost
(Sec. 15-102)
105.5.47 Spraying or dipping $99.00
105.5.48 Storage of scrap tires and tire byproducts $149.00 105.5.49 Temporary membrane structures and tents $137.00 105.5.50 Tire re-building plants Actual cost
(Sec. 15-102)
105.5.51 Waste handling $149.00
105.5.52 Wood products $149.00
105.5.53 Lithium Batteries
105.5.54 Additional permits (SFM required)
Production facilities $137.00
Pyrotechnic and special effects $274.00
Live audiences $137.00
* Fees for these permits are covered by the Certified Unified Program Agency's (CUPA) Underground Storage Tank (UST) Program.
** Fees for these permits are covered under the land use permit fee schedule.
Group No. 1. $99.00 for any or all of the following:
1. Hazardous materials in excess of the amounts listed in Chapter 1, Table 105.6.20 and less than those listed in Groups 2.2, 2.3, 2.4, 3 & 4;
2. Cryogenic fluids, including flammables, oxidizers or corrosives (including oxygen), in excess of the amounts listed in Appendix Chapter 1, Table 105.6.10.
Exception: Group 1 does not include fuel systems of vehicles or fuel used in connection with oilburning equipment.
Group No. 2. $198.00 for any or all of the following:
1. Any quantity of explosives, water reactive, pyrophoric or hypergolic materials, highly toxic poisons;
2. 200 cubic feet or more but less than 2,000 cubic feet at standard temperature and pressure for compressed gas;
3. 55 gallons or more but less than 550 gallons; or
4. 500 pounds or more but less than 5,000 pounds.
Group No. 3. $248.00 for any or all of the following:
1. 2,000 cubic feet or more but less than 10,000 cubic feet at standard temperature and pressure for compressed gas;
2. 550 gallons or more but less than 2,700 gallons; or
3. 5,000 pounds or more but less than 25,000 pounds.
Group No. 4. $297.00 for any or all of the following:
1. 10,000 cubic feet or more at standard temperature or pressure for compressed gas;
2. 2,700 gallons or more; or
3. 25,000 pounds or more.
(b) Construction Permits.
Permit Type Fee
105.6.1 Automatic fire-extinguishing systems See below ** 105.6.2 Compressed gases $411.00
105.6.3 Cryogenic fluids See below **
105.6.4 Emergency responder radio coverage system See below ** 105.6.5 Energy Storage Systems $274.00
105.6.6 Fire alarm and detection systems and related equipment See below ** 105.6.7 Fire pumps and related equipment See below **
105.6.8 Flammable or combustible liquids
1. To repair or modify a pipeline $274.00
2. To install, construct or alter equipment, tanks, plants, terminals, wells, refineries, etc. $1,370.00
3. To install, alter, remove, abandon or otherwise dispose of a tank UST CUPA fees apply
*
AST—less than 1,320 gallons $274.00
AST—equal to or greater than 1,320 gallons $548.00
105.6.11 Gates and barricades across fire apparatus access roads 105.6.12 Hazardous materials (see Groups 1—4 below)
Group 1 (see below) $137.00
Group 2 (see below) $274.00
Group 3 (see below) $343.00
Group 4 (see below) $411.00
105.6.14 Industrial ovens $274.00
105.6.15 LP gas $137.00
105.6.18 Private fire hydrants See below **
105.6.19 Smoke control or smoke exhaust systems
105.6.20 Solar photovoltaic power systems $274.00
105.6.22 Spraying or dipping $274.00
105.6.23 Standpipe systems See below **
105.6.24 Temporary membrane structures, tents and canopies $137.00 * Fees for these permits are covered by the Certified Unified Program Agency's (CUPA) Underground Storage Tank (UST) Program.
** Fees for these permits are covered under the land use permit fee schedule.
Group No. 1. $137.00 for any or all of the following:
1. Hazardous materials in excess of the amounts listed in Chapter 1, Table 105.6.20 and less than those listed in Groups 2.2, 2.3, 2.4, 3 & 4;
2. Cryogenic fluids, including flammables, oxidizers or corrosives (including oxygen), in excess of the amounts listed in Appendix Chapter 1, Table 105.6.10.
Exception: Group 1 does not include fuel systems of vehicles or fuel used in connection with oilburning equipment.
Group No. 2. $274.00 for any or all of the following:
1. Any quantity of explosives, water reactive, pyrophoric or hypergolic materials, highly toxic poisons;
2. 200 cubic feet or more but less than 2,000 cubic feet at standard temperature and pressure for compressed gas;
3. 55 gallons or more but less than 550 gallons; or
4. 500 pounds or more but less than 5,000 pounds.
Group No. 3. $343.00 for any or all of the following:
1. 2,000 cubic feet or more but less than 10,000 cubic feet at standard temperature and pressure for compressed gas;
2. 550 gallons or more but less than 2,700 gallons; or
3. 5,000 pounds or more but less than 25,000 pounds.
Group No. 4. $411.00 for any or all of the following:
1. 10,000 cubic feet or more at standard temperature or pressure for compressed gas;
2. 2,700 gallons or more; or
3. 25,000 pounds or more.
(Ord. No. 3788; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4771, §§ 1, 2, 12-14-2010; Ord.
No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016) _____
Sec. 15-102. - Surcharges.
Surcharges based on actual costs will apply when, in the opinion of the fire chief, circumstances develop that require extraordinary time for issues including but not limited to special research, consultation, or numerous inspections to ensure compliance.
(Ord. No. 3788; Ord. No. 3896, § 1; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4771, §§ 1, 2, 12-14-2010; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016) Sec. 15-103. - Petroleum facility response—Cost recovery.
Petroleum facility operators shall pay a fee as specified below, for any response to their petroleum facility (and/or associated piping and wells) by the Santa Barbara County Fire Department that is caused
by a violation of Chapter 50 (Hazardous Material) or Chapter 57 (Flammable and Combustible Liquids) of Article 1 of Chapter 15 of the Santa Barbara County Code. There shall be no fee for the initial response to a petroleum facility in a calendar year. However, a fee of seven hundred twelve dollars shall be charged for each subsequent response to a petroleum facility in a calendar year. Additionally, if the time needed by county fire to mitigate the hazard caused by any violation exceeds two hours, the petroleum facility operator shall pay a surcharge based on county fire's actual response costs.
Exception: Offshore related petroleum facilities with conditional use permits and regulated by the county's systems safety and reliability review committee (SSRRC) are exempt from section 15-103. (Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4771, §§ 1, 2, 12-14-2010; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)
_____
Secs. 15-104 through 15-120. - Reserved.
Article VI. - Violations-Legal Actions
Sec. 15-121. - Criminal actions.
(a) Any person who violates any of the provisions of this chapter of the Santa Barbara County Code or fails to comply with any order made under this chapter or who builds in violation of any plans submitted and/or reviewed under this chapter, or who violated the provisions of any certificate or permit issued under this chapter, and/or who fails to comply with an order made under the authority of this chapter, is, for each and every such violation and noncompliance respectively, severally guilty of a crime. The offense may be filed either as an infraction or a misdemeanor at the discretion of the district attorney. (b) If filed as an infraction and upon conviction thereof, the crime shall be punishable by a fine not to exceed one hundred dollars for a first violation, a fine not to exceed two hundred dollars for a second violation of the same code provision within a period of one year, and a fine not to exceed five hundred dollars for each additional violation of the same Code provision within one year. (c) If filed as a misdemeanor and upon conviction thereof, the crime shall be punishable by a fine of not less than five hundred dollars nor more than twenty-five thousand dollars, or imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment, except that where such prior convictions, as either infractions or misdemeanors, are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by a jury trying the case, or by the court in a case where guilt is established by a plea of guilty or nolo contendere, or by trial by the court sitting without a jury, the punishment shall be a fine of not less than one thousand dollars nor more than twenty-five thousand dollars, or imprisonment in the county jail for a period not to exceed one hundred eighty days, or by both such fine and imprisonment. (d) Each and every day during any portion of which any violation of this chapter or the rules, regulations, orders, or permits issued there under, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense. (Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12- 10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)
Sec. 15-122. - Civil actions.
(a) Injunctive Relief. Whenever any person, firm, or corporation has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter or any rule, regulation, order, or permit issued thereunder, the district attorney, county counsel or district counsel may make application to the Superior Court for an order enjoining such act or practice, or for
an order directing compliance, and upon a showing by the fire department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or preliminary injunction, temporary restraining order, or other order may be granted. (b) Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the district attorney, county counsel or district counsel may apply to the Superior Court of this county for an order authorizing the fire department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.
(Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12- 10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)
Sec. 15-123. - Civil remedies and penalties.
(a) Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who willfully violates any of the provisions of this chapter or any rule, regulation, order or permit issued thereunder, shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist.
(b) Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violates any of the provisions of this chapter or the rules, regulations, order or permits issued thereunder, shall be liable to the County of Santa Barbara for the costs incurred and the damages suffered by the county, its agents, and agencies as a direct and proximate result of such violation(s). (c) Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the danger to public health and safety, the corrective action, if any, taken by the defendant and the assets, liabilities, and net worth of the violator(s). (Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12- 10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)
Sec. 15-124. - Cumulative remedies and penalties.
The remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12- 10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)
Sec. 15-125. - Citations—Enforcement procedures.
Personnel assigned to the bureau of fire prevention may be guided by the operating procedures as outlined in the 2019 CFC, Chapter 1, Section 110 Violations. (Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4771, §§ 1, 2, 12- 14-2010; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016) Article VII. - Fire Department Administration of Hazardous Materials/Wastes Laws Sec. 15-126. - Fire department enforcement.
The Santa Barbara County Fire Department shall be vested with such powers, functions, duties and responsibilities with respect to hazardous materials, hazardous substances and hazardous wastes set forth in this article VII. Any references or similar references in any law for the regulation of hazardous materials, hazardous substances or hazardous wastes to "administering agency," "local enforcement agency," "local agency," "local public officer," "health officer" or "local health officer" or similar phrase, which references are intended to mean or to identify the local agency designated to administer, implement and/or enforce said law, shall mean the Santa Barbara County Fire Department for purposes of this article VII. (Ord. No. 4215, § 1; Ord. No. 4494)
Sec. 15-127. - Transfer of authority.
The administration, application, implementation and enforcement of various federal and state laws and regulations and local ordinances on the control and regulation of hazardous materials, hazardous substances and hazardous wastes are hereby transferred out of the environmental health services division of the Santa Barbara County Department of Health Care Services (hereinafter "environmental health services"), and into the Santa Barbara County Fire Department (hereinafter "Fire Department"). (Ord. No. 4215, § 1; Ord. No. 4494)
Sec. 15-128. - Successor of authority.
(a) The Fire Department succeeds to and is vested with the duties, purposes, responsibilities and jurisdiction, imposed by law or contract or memoranda, heretofore exercised by environmental health services, health officers, local health officers or county health departments as defined in state law and the Santa Barbara County Code and ordinances as they relate to hazardous materials, hazardous substances and hazardous wastes, including, but not limited to, the following state laws, together with their implementing regulations, and the following provisions of the Santa Barbara County Code and ordinances:
(1) Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), §§ 25500 et seq., of division 20 of the Health and Safety Code;
(2) Chapter 6.7 (Underground Storage of Hazardous Substances), §§ 25280 et seq., of division 20 of the Health and Safety Code;
(3) Chapter 6.75 (Petroleum Underground Storage Tank Cleanup), §§ 25299.10 et seq., of division 20 of the Health and Safety Code;
(4) Chapter 6.5 (Hazardous Waste Control), §§ 25100 et seq., of division 20 of the Health and Safety Code;
(5) Chapter 6.11 (Unified Hazardous Waste and Hazardous Materials Regulatory Program), §§ 25404 et seq., of division 20 of the Health and Safety Code; (6) Chapter 6.65 (Unified Review of Hazardous Materials Release Sites), §§ 25260 et seq., of division 20 of the Health and Safety Code;
(7) Chapter 6.67 (Aboveground Storage of Petroleum), §§ 25270 et seq., of division 20 of the Health and Safety Code;
(8) Chapter 6.8 (Hazardous Substance Account), §§ 25300 et seq., of division 20 of the Health and Safety Code;
(9) Article III (Hazardous Materials Storage Ordinance), §§ 18-21 et seq., of chapter 18 of the Santa Barbara County Code;
(10) Article IV (Hazardous Waste Generator Ordinance), §§ 18-30 et seq., of chapter 18 of the Santa Barbara County Code; and
(11) Article VI (Reporting Requirements), §§ 18-41 et seq., of chapter 18 of the Santa Barbara County Code.
(b) Chapter 6.6 (Safe Drinking Water and Toxic Enforcement Act of 1986), §§ 25249.5 et seq., of division 20 of the Health and Safety Code; and article VII (Monitoring), §§ 18-49 et seq., of chapter 18 of the Santa Barbara County Code, are excluded and excepted from the transfer of authority of hazardous materials, substances, and wastes laws and regulations to the Fire Department. (Ord. No. 4215, § 1; Ord. No. 4494)
Sec. 15-129. - Local health officer.
Whenever, in any statute, rule, regulation, resolution, order or Santa Barbara County Code or ordinance a power is granted to or a duty is imposed upon the Santa Barbara County Health Department or upon environmental health services or upon the county health officer or health officer or local health officer pertaining to hazardous materials, hazardous substances and/or hazardous wastes and/or to regulatory programs transferred by the board of supervisors pursuant to this article VII, such powers and duties shall thereafter be administered, applied, implemented and enforced by the Fire Department. (Ord. No. 4215, § 1; Ord. No. 4494)
Sec. 15-130. - Power and duties of county health officer. (a) Nothing contained herein shall be deemed to limit or otherwise restrict the Santa Barbara County health officer during a state of emergency as provided in Health and Safety Code section 1158. (b) The Santa Barbara County health officer shall also retain such authority as is necessary to meet all state and local requirements and responsibilities relating to the protection of public health set forth in section 452 of the Health and Safety Code other than those requirements and responsibilities transferred pursuant to this article VII to the Santa Barbara County Fire Department. (Ord. No. 4215, § 1; Ord. No. 4494)
Sec. 15-131. - Fees.
The fee resolutions for environmental health services for the regulation of hazardous materials/substances/wastes that are effective on the date of the adoption of this article VII shall remain in effect. The Fire Department shall administer and implement said fee resolutions and collect the fees authorized by said resolutions until such time as said resolutions are superseded by fee resolutions that are hereafter adopted by the board of supervisors for the Fire Department's implementation of this article VII.
(Ord. No. 4215, § 1; Ord. No. 4494)
Sec. 15-132. - Violations—Legal actions.
Article VI, §§ 15-121 et seq., of Chapter 15 of the Santa Barbara County Code shall not apply to this article VII. The respective enforcement provisions for each of the programs transferred to the Fire Department pursuant to this article VII shall be those that are set forth in each respective program so transferred.
(Ord. No. 4215, § 1; Ord. No. 4494)
Article VIII. - Reserved[7]
Footnotes:
--- (7) ---
Editor's note— Art. VIII, § 15-133, was repealed on the effective date of Ord. No. 4704, §§ 1 and 2, adopted Jan. 27, 2009. Art. VIII, § 15-133, pertained to fireworks and derived from § 1 of Ord. No. 4676.
Now see Article I.
Sec. 15-133. - Reserved.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 11
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: September 14, 2023
Subject: Rejection of Bid for the Hwy 246 & McMurray Road Intersection Project
______________________________________________________________________________
BACKGROUND
In August, 2023, the City published a Notice to Contractors inviting sealed bids for the Hwy 246 & McMurray Road Intersection Project. The Project will include the widening of the North McMurray Road segment, pavement, sidewalk, driveway and traffic signal improvements. The project requirements mandate all work to be completed during the evening to reduce impacts the local traffic and businesses.
On August 22, 2023, one bid for the project was received from Taylor Jane Construction.
Staff does not believe that this one bid is competitive and it exceeds the Engineer’s Estimate.
Staff proposes to reject the bid received and re-notice the project to solicit additional bids.
The proposed revised schedule is:
Rebid/Notice September 15, 2023
Bid Opening October 10, 2023
Award of Contract October 26, 2023
FISCAL IMPACT
The Hwy 246 & McMurray Road Intersection Project is budgeted in the Capital Improvement Project List (092-307). Funding is appropriated in the 2023/24 Biennial budget for construction and project management/inspections through General Fund, Gas Tax, and Measure A. A budget adjustment will need to be made to increase the construction budget when the project returns to Council.
RECOMMENDATION
That the Council reject the bid received and authorize staff to re-notice the Project.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 12
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: September 14, 2023
Subject: Discussion on Cultural Heritage Recognition Observances ______________________________________________________________________________
BACKGROUND
The City Council has the ability to grant official recognition to individuals, groups, and events through the public presentation of proclamations. Historically, the City Council has presented proclamations to various individuals and groups only upon direction, in advance, of the City Council. Over time, the practice has morphed to the point where a number of such proclamations are brought to the City Council each year because the City has a history of recognizing them. However, the City does not have a current, clear, policy on the matter.
At its meeting of July 27, 2023, the City Council directed staff to return to the City Council with a discussion item pertaining to City recognition of Hispanic Heritage Month and other cultural heritage recognition observances. Such observances are typically recognized by the issuance of a proclamation as discussed above. This agenda item is presented in response to this direction.
Staff is requesting that the City Council discuss the matter and provide the staff with policy direction moving forward. Such direction may include such things as:
1. Specific observances for which to issue regular/annual proclamations or other form of official recognition.
2. Process for proclamation requests which are not listed as annual proclamations.
3. Identified types of observances to include (or not include) for Council consideration for proclamation.
This is a purely policy matter before the City Council, and this item is intended to provide an open-ended discussion on the matter. No action is required, and the items listed above are only examples of direction that might be given. The City Council may choose to take immediate action on the matter, to discuss and continue the matter for further discussion at a later date, or to take no action at all.
RECOMMENDATION
That the City Council discuss this matter and direct staff as appropriate.