Sec. 21-387. - Annual report.

(a)

At least once every year a proposed capital improvement plan detailing the specific sheriff facilities to be funded by sheriff facility development impact fees shall be presented to the board of supervisors for adoption by resolution. Notice of the plan shall be given pursuant to Government Code Sections 65090 and 66002, as they now exist or may be amended.

(b)

Except for the first year that this ordinance is in effect, no later than sixty days following the end of each fiscal year, the county sheriff shall submit a report to the board of supervisors identifying the balance of fees in the sheriff facility impact fee program fund established pursuant to this ordinance, and the facilities proposed for construction during the next fiscal year. In preparing the report, the county sheriff 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)

At a public hearing, the board of supervisors shall review estimated costs of the sheriff facilities described in the capital improvement plan, 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 sheriff facility development impact fees to fund additional projects identified in the CIP which were not previously foreseen as being needed.

(Ord. No. 4360, § 1)

Sec. 21-388. - Automatic annual adjustment.

Each fee imposed by this ordinance shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 2000, by a percentage equal to the appropriate Engineering Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months.

(Ord. No. 4360, § 1)

Sec. 21-389. - Fee revision by resolution.

The amount of each fee established pursuant to this ordinance may be set and revised periodically by resolution of the board of supervisors. This ordinance shall be considered enabling and directive in this regard.

(Ord. No. 4360, § 1)

Sec. 21-390. - Superseding provisions.

This ordinance and any resolution adopted pursuant hereto supersedes any previous county ordinance or resolution to the extent the same is in conflict with this ordinance.

(Ord. No. 4360, § 1)

Sec. 21-391. - Severability.

If any section, phrase, sentence, or portion of this ordinance 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 ordinance.

(Ord. No. 4360, § 1)

Sec. 21-392. - 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.

(Ord. No. 4360, § 1)

Sec. 21-393. - 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. 4360, § 1)

Appendix B - AGRICULTURAL BUFFER IMPLEMENTATION GUIDELINES

I.

Purpose and Intent. The Agricultural Buffer Implementation Guidelines (Guidelines) are intended to assist the decision-makers, planners and the public in implementing the requirements of section 21-32A (Agricultural Buffers). Specifically, the guidelines assist with (1) determining buffer widths for a proposed project, (2) identifying locations of proposed development and land uses allowed within the agricultural buffer, (3) guiding the process and, (4) incorporating site design concepts that are compatible with agriculture.

II.

Agricultural Buffer Width Adjustment. Table 21-32A-1 (Range of Agricultural Buffer Widths) in subsection 21-32A.D (Agricultural Buffer Requirements) contains ranges for the buffer width. The minimum buffer width minimizes potential land use conflicts to a reasonable, typical level. However, ranges are provided because circumstances may require the buffer width to be adjusted.

A.

The following site specific factors may warrant an increase in the width of the required buffer.

1.

Crop Type/Agricultural Practices. Crop type influences agricultural practices. Rotational crops such as strawberries and vegetables require intensive fanning practices that generate substantial amounts of dust, odors, noise and other irritants. Crops that utilize intensive farming practices may warrant an increase in the width of the buffer.

2.

Elevation Differences and Topography. Elevation differences and topographical features, such as a valley or hill, affect air flow and may separate agriculture and non-agricultural development and uses. Projects located on terrain that provides no natural separation between agricultural and non-agricultural development and uses may warrant an increase in the width of the buffer.

3.

Location of Existing Roads or Naturally Occurring Barriers. An increase in buffer width may be warranted if such features are absent or ineffective because of wind direction, terrain or other reasons.

4.

Historical Land Use on the Agricultural Lot. The agricultural lot may currently be fallow, in between plantings, planted with a temporary crop (such as a cover crop) or may have supported crops in the past. Therefore, if the agricultural lot is not currently used for agriculture, a buffer may still be warranted if the lot was used for agriculture within the last ten years. If the project applicant claims a buffer is not required due to existing lack of agriculture on the agriculturally zoned lot, the project applicant shall prove the land was not used for agriculture within the last ten years. The Department of Conservation's Important Farmland Maps and aerial imagery may provide historical agricultural use information.

5.

Future Farming Potential of the Agricultural Lot. A buffer width increase may be warranted if the current agricultural use is rangeland/pastureland or not currently used for agriculture but the soils have the potential to support higher value crops and there is a source for agricultural water. For the purposes of these Guidelines, land has future farming potential if its predominant soil type has an irrigated land capability classification of Class I, Class II, Class III or Class IV as defined by the Natural Resource Conservation Service (NRCS) soil survey maps for Santa Barbara County. Land has limited farming potential if its predominant soil type has an irrigated land capability classification of Class VI, Class VII, or Class VIII. Santa Barbara County does not have Class V soils.

6.

Site Design of the Non-agricultural Proposal. Non-agricultural projects with site design features that contribute toward potential land use conflicts may warrant a buffer width increase. See Section V (Site Design) of these Guidelines for a discussion on site design.

7.

Prevailing Wind Direction. An increase in the width of the buffer should be considered if the prevailing wind blows from the agricultural lot toward the non-agricultural lot.

B.

If an increase in the width of the buffer is warranted based on site specific factors, the following additional factors may offset a buffer width increase.

1.

Non-agricultural Lot Size and Configuration. If a lot cannot reasonably accommodate a buffer increase because of lot size or configuration, consider redesigning the project or applying the minimum buffer width. Refer to section 21-32A.D.6. (Reasonable Use).

2.

Extent and Location of Existing Non-agricultural Development. An increase in buffer width may not be warranted if the project applicant can demonstrate that the agricultural lot has already been severely impacted by existing non-agricultural development and uses adjacent to the agricultural lot.

3.

Vegetative Screening Adjacent to Production Agriculture. In compliance with section 21-32A.D.3.b, if the project is adjacent to production agriculture and site specific factors warrant a buffer width increase, vegetative screening may be used to offset an increase in the buffer width. For example, a commercial development proposed adjacent to production agriculture would require a minimum one-hundred-foot buffer as per section 21-32A.D.1. The planning and development department and the agricultural commissioner's office may recommend that the buffer width be increased due to site specific factors (e.g. increase an additional fifty feet or 100 feet). The planning and development department and agricultural commissioner's office may also recommend the use of a vegetative screen and reduce the buffer width

increase. The vegetative screen may mitigate only a portion of the buffer width increase (e.g. offset fifty feet of a one-hundred-foot buffer width increase).

C.

If the agricultural lot contains both production agriculture and rangeland or pastureland and the production agriculture is not immediately adjacent to common lot line between the project site and the adjacent agriculturally zoned lot where the production agriculture is located, section 21-32A.D.1.b (agricultural buffer width) describes how to determine the buffer width. The following steps and diagrams illustrate how to determine the buffer width for those scenarios.

Step 1. Determine the buffer width required for the proposed use for the adjacent rangeland or pastureland.

==> picture [288 x 239] intentionally omitted <==

Step 2. Take the distance determined in Step 1 and apply it to the agricultural use side of the property line.

==> picture [289 x 227] intentionally omitted <==

Step 3. Determine if the production agriculture is within the distance as determined in Step 2.

==> picture [288 x 230] intentionally omitted <==

Step 4. If the production agriculture is within the distance as determined in Step 2, then the adjusted buffer is the buffer width that would be applied for production agriculture. For example, if the agricultural buffer width is two hundred feet for the proposed use when adjacent to production agriculture, the adjusted buffer width would be two hundred feet.

==> picture [288 x 226] intentionally omitted <==

III.

Allowable Uses Within Agricultural Buffers. Section 21-32A.E (Allowable uses within Agricultural Buffers) specifies unrestricted uses and restricted uses within the buffer.

A.

Unrestricted uses are compatible with agriculture because they do not invite visitors, do not require frequent maintenance, and do not attract wildlife. Uses that invite visitors or attract wildlife may conflict

with agriculture and the location of such uses is restricted within the buffer.

B.

Restricted Use Modification. The planning and development department, in consultation with the agricultural commissioner's office, may recommend that the decision-maker modify a restricted use within the agricultural buffer if it can be determined that strict compliance with section 21-32A.E (Allowable uses within Agricultural Buffers) is not required to minimize conflicts with adjacent agriculture. To determine if the restricted use modification is warranted, the planning and development department may consider site specific factors, agricultural practices and input from adjacent agricultural land owners and property operators.

IV.

Application Procedures.

A.

Prior to Application Submittal. It is recommended the applicant meet with the planning and development department, the agricultural commissioner's office, and adjacent landowners (in conjunction with property operators) to discuss the non-agricultural project's compatibility with adjacent agriculture and application of proposed agricultural buffer requirements. Applicants are encouraged to include site planning and project design features that are compatible with adjacent agriculture.

B.

Project Review. During the application review process, the planning and development department should consult adjacent agricultural landowners (in conjunction with property operators) whenever possible to discuss the proposed non-agricultural development.

C.

Recommendations. For all discretionary applications subject to the provisions of section 21-32A (Agricultural Buffers), the planning and development department in consultation with the agricultural commissioner shall review the application and make recommendations to the decision-maker concerning buffer width, uses within the buffer, the landscape, lighting and irrigation plan, and the buffer maintenance plan.

V.

Site Design. Urban development that is "agriculturally friendly" can play a significant role in promoting compatibility between agricultural and non-agricultural uses. Projects can achieve compatibility by incorporating creative site planning and project design concepts such as:

A.

Locating outdoor use areas such as backyards, patios, and playgrounds away from agricultural areas.

B.

Terminating roads away from agricultural areas to reduce trespassing on agricultural land.

C.

Including the use of sound proof construction materials such as double pane windows. See Guide to Edge Planning - Promoting Compatibility Along Urban-Agricultural Edges, British Columbia, Ministry of Agriculture and Lands, June 2009.

D.

Clustering of buildings to maximize buffering between residences and agriculture.

(Ord. No. 4854, § 7, 4-16-2013)

SANTA BARBARA COUNTY LAND USE & DEVELOPMENT CODE ARTICLE 35.1 - Development Code Applicability

CHAPTER 35.10 - PURPOSE AND APPLICABILITY OF DEVELOPMENT CODE