Santa Barbara County Municipal Code Art. III Sand Removal

No person, within three hundred feet distance landward of the average mean high tide line along the coast of the Pacific Ocean, shall take, remove, extract or haul from such areas sand for barter or sale, or for any commercial purpose or use whatsoever, without having first obtained from the tax collector a license so to do.

No such license shall be issued except upon approval of the board of supervisors, after due notice and hearing as hereinafter provided.

(Ord. No. 720, § 1)

* As to excavations generally, see ch. 14 of this Code.

Any person desiring to obtain a license as required by the preceding section shall file a written application in quadruplicate therefor with the clerk of the board of supervisors accompanied by a deposit in such amount as the clerk shall estimate to be ample to defray the cost of publication, as herein provided.

(Ord. No. 720, § 2)

Application forms shall be provided by the clerk and shall set forth the following information:

(a) The name and address of the applicant.

(b) A specific description of the location of the site where sand is sought to be removed, and the name and address of the owner of such real property, accompanied by a written communication from such owner setting forth his consent to applicant's taking and removing the sand from such site, if the license is granted.

(c) The purpose or project for which the license to remove sand is sought.

(d) An estimate of the quantity of sand proposed to be removed or taken by applicant, if license is granted.

(e) A map showing the location of the sand site with reference to public roads, buildings, structures, improvements, underground pipelines and railroads in the area.

(f) The type of equipment, facilities or apparatus to be used in excavating and extracting sand.

(g) Such other maps, plans and reports, data or information, as the board of supervisors may by general rule require, including but not limited to geological diagrams showing the affect of the proposed sand removal on the adjacent support of adjacent lands, or of the coastal areas of the county.

(Ord. No. 720, § 2)

Copies of such application shall be submitted by the clerk to the planning director, the road commissioner and the flood control engineer for reports and recommendations on such application. Such reports shall be filed with the board of supervisors within such time and in such form as the board of supervisors may provide by general rule.

(Ord. No. 720, § 4)

Upon receipt of the recommendations of the planning director, the road commissioner, the flood control engineer, and such other reports as the board of supervisors may require, the board may grant or deny such application or may grant such application upon such conditions, restrictions and limitations as in the sole discretion of the board are reasonable or necessary.

(Ord. No. 720, § 5; Ord. No. 794, § 2)

The board of supervisors may impose conditions and restrictions which are reasonably required and not inconsistent with statutes, this Code or ordinances, or such rules of general applicability as the board may adopt, in order that the operations conducted under such license shall not become a public nuisance, or dangerous or detrimental to the public peace, health, safety or general welfare.

(Ord. No. 720, § 6)

The board of supervisors shall have the power to prescribe by uniform rule or regulation the minimum distances licensee's operation for the taking and removal of sand shall be conducted away from any public highway, bridge, railroad, house, structure or mean high tide line or ordinary high tide line, along the coast of the Pacific Ocean, and which minimum distance shall be conformed with by licensee.

(Ord. No. 720, § 8)

Upon approval of the board of supervisors of such application, the clerk shall notify the tax collector in writing of the granting of such approval, and thereafter the tax collector shall issue to such applicant such license upon the receipt of the sum of twenty-five dollars which sum is hereby fixed as a license fee for each such license provided for herein.

(Ord. No. 720, § 9)

If at any time it shall appear to the board of supervisors that any licensee shall have violated the terms of any law, this Code, other ordinance, rule or regulation applicable to the removal of sand, at least five days written notice, by U.S. registered mail, shall be given to the licensee of the time and place of the hearing pertaining to the revocation of such license. At the time and place fixed for hearing the board of supervisors shall hear the same and any protests thereto, and upon such evidence and matters and reports brought to its attention, determine whether the terms of such license or any law, this Code, other ordinance, rule or regulation applicable to the removal of sand has been violated by the holder of the license, and if it determines such occurred, may revoke such license.

(Ord. No. 720, § 10)