Santa Barbara County Municipal Code Ch. 28B Special Encroachment Permits Related to Covid-19 Pandemic Response

Footnotes:

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Note— Section 4 of Ord. No. 5124, adopted December 8, 2020, states the following: "Effective Date and Termination. This ordinance adding Chapter 28B, Special Encroachment Permits Related to COVID-19 Pandemic Response, Sections 28B-1 through 28B- 12, shall take effect and be in full force 30 days from the date of its adoption and shall remain in effect until the proclaimed Santa Barbara County Local Emergency from the COVID-19 virus is terminated or this Ordinance is otherwise earlier terminated. Unless otherwise extended or amended by the Board, upon expiration Chapter 28B, Special Encroachment Permits Related to COVID-19 Pandemic Response, Sections 28B-1 through 28B-12, shall be repealed and shall be of no further force or effect."

In order to minimize the economic impacts of COVID-19, the County of Santa Barbara must encourage the speedy recovery of businesses, restaurants, retail, and other community entities that were required to close or curtail operations under the State of California's "Stay At Home" orders. The purpose of this chapter is to begin implementation of the County's Reopening in a Safe Environment (RISE) Small Business & Community Partnership Enhancement Program (SBCPEP) by providing a clear, quick path and parameters for businesses and other entities to operate temporarily in County roadway rights-of-way, to allow for social distancing. This chapter temporarily authorizes the county public works director to issue encroachment permits, to businesses and community entities that reopen and resume operations, in county roadway rights-of-way to allow for adequate social distancing during operations.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this chapter:

"Community entity" shall include, but is not limited to, restaurants; retail establishments; country clubs; meeting facilities, public and private; faith-based/religious organizations; schools; sports and outdoor recreation facilities; day care homes; day care centers; lodging; fitness/health club or facility; libraries; bar, tavern; wineries; community centers; conference centers; convenience stores; grocery stores; banks; and medical services.

"County roadway right-of-way" shall mean the portions of the unincorporated areas of the County of Santa Barbara that the county owns, controls, or maintains for the purpose of travel, including sidewalks, parking spaces, and road right-of-way.

"Department" shall mean the Santa Barbara County Public Works Department.

"Director" shall mean the director of public works or his/her designee.

"Permit" shall mean county roadway right-of-way special encroachment permit related to reopening and resuming operations during the COVID-19 pandemic response.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

(a) No business or community entity shall reopen and operate in the county roadway right-of-way during the COVID-19 pandemic response unless:

(1) A special encroachment permit has been issued to them by the county to encroach in such manner, or

(2) The business or entity is operating pursuant to an existing annual encroachment permit.

(b) The public works director may issue the special encroachment permit pursuant to the director's administrative regulations. The owner or operator of a reopening business or community entity shall maintain and operate such business or entity in compliance with all provisions of their special encroachment permit and the administrative regulations.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

The public works director may adopt administrative regulations applicable to the issuance of a special encroachment permit for reopening of businesses and community entities during the COVID-19 pandemic response. Such regulations may, without limitation, include the following:

(1) A requirement that the applicant provide proof of insurance in the amount of one million dollars naming the County of Santa Barbara as additional insured.

(2) A requirement that the applicant sign an indemnification agreement, provided by the department, that holds the County of Santa Barbara, its officers, agents, and employees harmless for any actions of the applicant, its agents, and employees.

(3) A requirement that the applicant meet minimum aesthetic and safety standards for design, seating and parking, including both on site and within the adjacent county roadway right-of-way.

(4) Such other conditions as may be necessary to protect public health and safety or to protect public improvements.

(5) A requirement that the applicant coordinate with other county departments or entities that may be affected by the proposed encroachment, including County of Santa Barbara Environmental Health Services, County of Santa Barbara Planning and Development Department, and the County of Santa Barbara Fire Department.

(6) Any requirement deemed necessary to guarantee that the applicant shall restore the appearance of the sidewalk or county roadway right-of-way on termination of use.

(7) Setback and clearance standards for all reasonable pedestrian uses of the sidewalk, as well as for unusual or occasional public uses that can be anticipated.

(8) Maintenance standards for the outdoor dining area.

(9) A requirement that the applicant follow all state and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including the business', community entity's, or site's certification or attestation and COVID-19 protection plan.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

The service of alcoholic beverages in the county roadway right-of-way shall be allowed to the extent that service is allowed by the California Department of Alcoholic Beverage Control and in compliance with its current orders, rules, and regulations. Each of the following standards applies to any areas which provide alcoholic beverage service:

(1) Any outdoor area where alcohol is allowed shall be limited to those areas licensed or authorized by the California Department of Alcoholic Beverage Control.

(2) The outdoor area shall be clearly and physically separated from pedestrian traffic.

The operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited outside the outdoor area.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

The department may require the applicant to submit a traffic control plan. Traffic control plans shall show all traffic control elements required for the business or community entity to safely operate in the county roadway right-of-way. The department may determine road closures are necessary to allow businesses or community entities to operate safely in the county roadway right-of-way. It is the responsibility of the business or community entity to install any such traffic control or safety measures and remove them at the expiration of the permit.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

The following fees shall be waived until the proclaimed Santa Barbara County Local Emergency based on the COVID-19 virus is terminated or this chapter is otherwise earlier terminated:

(1) The issuance or monthly rental fee for a special encroachment permit issued pursuant to this rule.

(2) The annual permit fee or monthly rental fee for annual permits issued pursuant to chapter 28, article X, use of county sidewalks and rights-of-way for business purposes, and chapter 28A, public right-of-way special event permits and regulations.

Temporarily waiving such fees is in the public benefit as it facilitates the reopening of the local economy in way that allows businesses to comply with social distancing and other COVID-19 response requirements.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

Permits issued pursuant to this chapter shall be valid until the proclaimed Santa Barbara County Local Emergency based on the COVID-19 virus is terminated or this chapter is otherwise earlier terminated.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

(a) The county shall have the right to revoke or suspend the permit upon twenty-four hours written notice to the operator for any cause, regardless of conformance with these provisions. Such revocation is at the sole discretion of the public works director. Situations that may merit suspension or revocation include, but are not limited to:

(1) Failure to comply with conditions of permit approval.

(2) Failure to adhere to the business', community entity's or site's certification attestation and COVID-19 protection plan.

(3) Failure to adhere to any other state or local guidelines for reopening during the COVID-19 pandemic response.

(4) Suspension, revocation, or cancellation of any necessary permit(s).

(5) Excessive noise (in excess of sixty-five decibels), trash accumulation, neighborhood complaints, etc.

(6) Incorrect or inadequate insurance coverage.

(7) Nuisances, blight or disruption of pedestrian and vehicle traffic flow caused by operation of the business on sidewalks or in the county roadway right-of-way.

(b) Within twenty-four hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, the operation shall cease all operations in the county roadway right-of-way and, if applicable, restore the county roadway right-of-way to the condition existing prior to the placement of the outdoor facilities or to some other condition acceptable to the public works director. Failure to comply shall constitute a violation and be subject to penalty.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

Violations of any terms and conditions of the permit may result in revocation or suspension of the permit, denial of future permits for a minimum of two years and/or misdemeanor or infraction charges, at the discretion of the county district attorney.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

The provisions of this chapter supersede any conflicting provisions in chapter 28, article X, use of county sidewalks and rights-of-way for business purposes, and chapter 28A, public right-of-way special event permits and regulations during the time period set forth in section 28B-8, expiration of special encroachment permit, and section 4, effective date, of this chapter.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)

Editor's note— Ord. No. 5124, § 2, adopted December 8, 2020, changed the title of section 28B-11 from "Supersedes conflicting provisions in chapter 28, article A and chapter 28A during effective period" to "Supersedes conflicting provisions in chapter 28, article X and chapter 28A during effective period." The historical notation has been preserved for reference purposes.

If any provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions of the ordinance from which this chapter derives which can be given effect without the invalid provision or application. To this end, the provisions of the ordinance are severable. The board of supervisors hereby declares that it would have adopted the ordinance irrespective of the invalidity of any particular portion thereof.

(Ord. No. 5104, § 2, 6-2-2020; Ord. No. 5124, § 2, 12-8-2020)