Santa Barbara County Municipal Code Art. II Real Property Procedures

Footnotes:

--- (2) ---

Editor's note— Ord. No. 4895, adopted Sept. 2, 2014, repealed Art. II and enacted a new article as set out herein. The former Art. II, §§ 12A-7—12A-11.1, pertained to similar subject matter and derived from Ord. No. 2505, §§ 1—5; Ord. No. 2799, § 2; Ord. No. 2838, §§ 1—3; Ord. No. 2849, §§ 1—3; Ord. No. 3548, § 1; Ord. No. 4089, § 1; and Ord. No. 4257, §§ 1—4.

The purpose of this article is to prescribe certain procedures with regard to real property interests belonging to the county or its dependent special districts, or for use by the county or its dependent special districts, in accordance with provisions of the Government Code.

(Ord. No. 4895, 9-2-2014)

Except as modified by the provisions of this article, the procedure for the leasing of real property belonging to the county contained in sections 25526 to 25535 of the Government Code is hereby adopted and incorporated herein by reference as though set forth in full.

(Ord. No. 4895, 9-2-2014)

Notwithstanding any other provision of this article, leases or concession or managerial contracts involving leasing or subleasing all or any part of county-owned, leased, or managed property devoted to or held for ultimate use for airport, vehicle parking, fairground, beach, park, amusement, recreation, or employee cafeteria purposes, entered into by a four-fifths vote of the board of supervisors pursuant to section 25536 of the Government Code, need not comply with the provisions of this article.

(Ord. No. 4895, 9-2-2014)

In accordance with Government Code section 25537, as it may from time to time be amended, the leasing or licensing to other parties of any real property belonging to the county or leased by, or licensed by the county, for a duration not exceeding ten years and having an estimated monthly rent not exceeding ten thousand dollars, may be excluded from the bidding procedure specified in County Code section 12A-8. Such a lease or license may be executed by the director of general services, or designee, or the director of public works, or designee, in accordance with the provisions of this section.

Notice of intent to convey such an interest in county-owned or leased or licensed property shall be posted in the office of the clerk of the board of supervisors, and shall be published pursuant to Government Code section 6061. If the lease or license involves residential property, notice shall also be given to the housing sponsors, as defined by sections 50074 and 50074.5 of the Health and Safety Code. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or licenses will be executed, and shall state that the director of general services, or designee, or the director of public works, or designee, as applicable, is authorized to execute the lease or license on behalf of the county.

Notice pursuant to this section shall also be mailed or delivered at least fifteen days prior to accepting offers pursuant to this section to any person who has filed a written request for notice with either the clerk of the board or with any other person designated by the board to receive these requests. The county may charge a fee which is reasonably related to the costs of providing this service and may require each request to be renewed annually. The notice shall contain the same information as the notice prescribed above. Notice shall also be provided to the supervisorial district office in which the property is located in accordance with the requirements of Government Code section 25537.

(Ord. No. 4895, 9-2-2014; Ord. No. 5087, 8-20-2019)

Note— Ord. No. 5219, adopted August 27, 2024, states "Sections 12A-10, 12A-10.1, 12A-11, and 12A-11.1 are hereby extended for 5 years renewing delegations of authority therein."

In accordance with Government Code section 25526.6, as it may from time to time be amended, the director of public works or the director of general services, or the designee of either, may grant or otherwise convey an easement, license, or permit for the use of any real property of the county to the state, or to any county, city, district, or public agency or corporation, or to any public utility corporation in the manner and upon the terms and conditions as such director determines or prescribes, provided that such director or designee finds that the proposed conveyance is in the public interest and that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the county.

(Ord. No. 4895, 9-2-2014; Ord. No. 5087, 8-20-2019)

Note— Ord. No. 5219, adopted August 27, 2024, states "Sections 12A-10, 12A-10.1, 12A-11, and 12A-11.1 are hereby extended for 5 years renewing delegations of authority therein."

In accordance with Streets and Highways Code section 1460, as it may from time to time be amended, the director of public works, or designee, may issue written permits for certain uses of county highways and right-of-way, as set forth in said section 1460. All permits other than those issued to public agencies or a public utility having lawful authority to occupy county right-of-way are revocable on five days written notice from the director of public works, or designee. Any person who does any of the acts specified in section 1460, without the authority of such a permit, is guilty of a misdemeanor and is liable to the county for all expenses and damages caused thereby.

(Ord. No. 4895, 9-2-2014)

In accordance with Government Code section 26227, as it may from time to time be amended, the board of supervisors may make available to a public agency, nonprofit corporation, or nonprofit association any real property of the county which is not and, during the time of possession, will not be needed for county purposes, to be used to carry out programs deemed necessary by the board of supervisors to meet the social needs of the population of the county. The board of supervisors may impose such terms and conditions determined to be in the best interests of the county and the general public through a lease, installment sale, or other transaction with the public agency, nonprofit corporation, or nonprofit association carrying out the program, without complying with any other provisions of this code relating to acquiring, improving, leasing, or granting the use of or otherwise disposing of county property.

(Ord. No. 4895, 9-2-2014)

In accordance with Government Code section 25350.51, as it may from time to time be amended, the director of general services, or designee, or the director of public works, or designee, may:

(a) Lease real property for use by the county, or obtain the use of real property for the county by license, for a term not to exceed five years and for a rental not to exceed seven thousand five hundred dollars per month; and

(b) Amend real property leases or licenses for improvements or alterations, or both, with a total cost not to exceed seven thousand five hundred dollars provided that the amendment does not extend the term of the lease or license and that no more than two amendments, not to exceed seven thousand five hundred dollars each, are made within a twelve-month period.

Notice of intention to consummate the lease or license shall be posted in a public place for five working days prior to consummation of the lease or license. The notice shall describe the property to be leased or licensed, the terms of the lease or license, and shall state that the director of general services, or designee, or the director of public works, or designee, as applicable, is authorized to execute the lease or license.

(Ord. No. 4895, 9-2-2014; Ord. No. 5087, 8-20-2019)

Note— Ord. No. 5219, adopted August 27, 2024, states "Sections 12A-10, 12A-10.1, 12A-11, and 12A-11.1 are hereby extended for 5 years renewing delegations of authority therein."

In accordance with Government Code section 25350.60, as it may from time to time be amended, the director of general services, or designee, or the director of public works, or designee, may approve and accept for the county the acquisition of any interest in real property with a total cost not to exceed fifty thousand dollars.

Notice of intent to acquire such an interest in real property shall be provided to the supervisorial office of the district in which the property is located, and shall be published pursuant to Government Code section 6061. The notice shall describe the property interest proposed to be acquired, the total purchase price proposed to be paid for the property interest, and shall state that the director of general services or designee, or the director of public works or designee, as applicable, is authorized to approve and accept the property interest on behalf of the county.

The director's or designee's approval and acceptance of the property interest conveyed shall be subject to a general plan conformity report as required by Government Code section 65402, and evidenced by a certificate of acceptance, prepared and executed in accordance with Government Code section 27281. The director of general services, or designee, or the director of public works, or designee, as applicable, shall have authority to execute such a certificate of acceptance. Tthe director, or designee, shall record, or cause to be recorded, the deed or grant conveying the property interest in the office of the county recorder.

(Ord. No. 4895, 9-2-2014; Ord. No. 5087, 8-20-2019)

Note— Ord. No. 5219, adopted August 27, 2024, states "Sections 12A-10, 12A-10.1, 12A-11, and 12A-11.1 are hereby extended for 5 years renewing delegations of authority therein."