Santa Barbara County Municipal Code § 6-121 Dates and hours of operation

As used in this article, a "space shuttle launch parking operation" means the use of fallow land, pasture, or otherwise appropriate vacant land for temporary commercial parking of vehicles during a scheduled launch or landing of a space shuttle from Vandenberg Air Force Base.

(Ord. No. 3553, § 1)

A "parking permit applicant," as used in this article, refers to the owner of real property upon which a space shuttle parking operation is proposed or conducted and any person having written authorization of such owner for such operation.

(Ord. No. 3553, § 1)

No person shall conduct a space shuttle launch parking operation upon any real property within the unincorporated area of the County of Santa Barbara without first obtaining an approved permit as provided in this article.

(Ord. No. 3553, § 1)

Any person, firm or corporation violating any of the provisions of this article shall be guilty of a misdemeanor and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted, and upon conviction of such violation, such person shall be punished by a fine or by imprisonment or by both such fine and imprisonment as provided in section 1-7 of the Santa Barbara County Code.

(Ord. No. 3553, § 1)

Any person who willfully conducts a space shuttle launch parking operation in violation of this article shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist. 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 the violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the persons responsible, and the cooperation or lack thereof in efforts to abate.

(Ord. No. 3553, § 1)

An application for a permit for a space shuttle launch parking operation shall be submitted to the department of resource management of the County of Santa Barbara not less than sixty days prior to the beginning of such parking operation. The application shall contain:

(a) The Santa Barbara county assessor's parcel number, zoning district and total acreage of the parcel of real property upon which the parking operation is to be conducted;

(b) The shuttle flight mission identification, and the date or dates and the hours during which the parking operation is expected to be conducted;

(c) The maximum number of vehicles to be permitted and the maximum occupancy of the site during the course of the operation;

(d) A detailed explanation of the applicant's plan to provide sanitary facilities, security protection, vehicle access, vehicle parking spaces, on-site traffic control, night-time lighting, and other health and safety measures necessary to the operation;

(e) A diagram, with dimensions, showing:

(1) The location of the property in relation to the surrounding road system, including the residential, industrial, and other uses of the adjoining properties that might be affected by the parking operation,

(2) A general description of site characteristics, including topography, areas of crop production, and vegetation on the subject property,

(3) The location of the parking operation site, identifying all existing access and all existing structures on the site, and details of the proposed internal circulation system and parking layout, and

(4) The location of all proposed improvements, including any sanitary facilities, utilities, any areas to be fenced, mowed or graveled in preparation for the operation, and all signs and other temporary structures; and

(f) A consent to entry upon the real property at any time during the course of the operation by any peace officer, any officer or employee of the County of Santa Barbara and any officer of any fire district;

(g) An agreement, with the department of resource management on a form approved by the county board of supervisors, executed by the applicant, providing for the cleanup and restoration of the premises, removal of all litter from all affected premises, and the removal of all temporary structures, signs, sanitary facilities, and other devices and facilities installed;

(h) An agreement of the applicant to defend and hold the county, its officers, agents and employees and the owners and occupants of adjoining property harmless from liability and damages which result from the parking operation;

(i) Such other information regarding the operation as is determined necessary by the reviewing agencies to determine necessary conditions, limitations and restrictions under which the permit should be granted;

(j) The name, address and emergency telephone number of the owner of the parcel upon which the operation is to be conducted and any authorized agent for the owner and a certification by the applicant that the information contained in the application is true and correct.

(Ord. No. 3553, § 1)

The applicant shall deposit security to secure the performance of the conditions of the permit and to provide for claims against the operation. Such deposit shall be in the form of cash, assignment or certificate of deposit, a personal or corporate surety bond, letter of credit or other security in a form approved by the office of county counsel of the County of Santa Barbara. Said security shall be released to the applicant after the passage of ninety days from the termination of the parking operation to the extent that no claims are filed with the department of resource management against said deposit and it appears that the applicant has fully performed the conditions of the permit. The security shall be in an amount to reasonably provide for claims incident to such operations. Where a copy of a policy of public liability insurance is provided in an amount of not less than five hundred thousand dollars per event for personal injury liability and one hundred thousand dollars per event for property damage liability, security in an amount equal to one hundred dollars per acre of area permitted shall be deemed sufficient to reasonably provide for property damage claims incident to the operation and to secure performance of the agreements provided.

(Ord. No. 3553, § 1)

Sixty days prior to the proposed operation, the department of resource management shall distribute copies of complete applications for which fees have been paid to the agencies required to review such permit prior to issuance. Such agencies shall include the sheriff, fire department, county health care services department, department of public works and the resource management department. Such applications shall be referred also to such agencies as are known to have an interest in the review of such applications.

Every officer and employee whose approval is required for the issuance of such permit shall advise the department of resource management, in writing, within twenty days of the receipt of a copy of the application of all material facts, conditions and restrictions necessary and any determinations required for the approval or denial of such application. Upon receipt of the written responses from these agencies, permits incorporating terms and conditions necessary to provide for the written responses shall be issued to the applicants whose requests satisfy the requirements of this article. The determination of the issuing agency and of any reviewing agency upon the issuance of a special event parking operation permit may be appealed to the board of supervisors by the applicant, or by any interested person or agency adversely affected by such decision. The appeal shall be in writing and shall state the factual background and the particular error claimed by the appellant in the appeal. Such written appeal and the fee for appeal must be deposited with the clerk of the board of supervisors within ten calendar days following the date of the decision appealed.

(Ord. No. 3553, § 1)

The department of resource management shall post for public review a map delineating sites for which permit requests have been filed no later than fifty-five days prior to the scheduled event. After approving any permits for such use, a map shall be displayed which indicates sites of permit approvals and such map shall be displayed for no less than ten days subsequent to such approval.

(Ord. No. 3553, § 1)

The department of resource management shall approve and issue a permit for a special event parking operation upon a determination:

(a) That the operation will be conducted in compliance with the provisions of this article; and

(b) That the agreements, reservations, restrictions, limitations and conditions imposed in such permit appear to adequately protect the health, safety and welfare of the area in which the parking operation is to be conducted; and

(c) That the information required has been submitted and that it appears that the applicant has not made false, misleading or fraudulent statements of material fact in the application or any required document; and

(d) That responses of the reviewing agencies have been incorporated into the conditions and limitations of the permit; and

(e) The density of use and the location of uses on the site are so restricted as to adequately provide for the safety of participants, safe movement of vehicles and pedestrians, reasonable access for emergency vehicles, and reasonable access to necessary facilities; and

(f) The applicant has obtained all land-use permits required, including any land use clearance, coastal development permit, and conditional use permit required in the area in which operations are to occur; and

(g) That the applicant has provided adequate sanitary facilities for the anticipated number of participants; and,

(h) That the applicant has not had a similar type of permit previously revoked for good cause within two years prior to the application unless there has been a material change in circumstances which assures that operations will be conducted in compliance with this article.

(Ord. No. 3553, § 1)

Each permit issued for a parking operation shall state the maximum number of vehicles allowed.

(Ord. No. 3553, § 1)

Each permit shall state the scheduled date of the parking operation and shall be valid for a maximum of forty-eight hours prior to the scheduled date of the space shuttle launch or landing and shall extend to forty-eight hours following the scheduled launch or landing. If the shuttle launch or landing for which the parking operation permit is issued shall be cancelled or otherwise delayed for more than one week, the permit shall be valid only for any date to which the launch or landing is rescheduled. Parking operations shall be suspended twenty-four hours following the public announcement of such cancellation or rescheduling. Preparations, installation, cleaning, disassembly and removal of facilities may take place in advance and after the period of the permit.

(Ord. No. 3553, § 1)

If a shuttle launch or landing has been rescheduled to a later date, and the conditions existing at the later date are no different than those existing at the original date for operation, the permit issued shall be valid for the rescheduled date in accordance with the provisions of section 6-121.

(Ord. No. 3553, § 1)

Each special event parking operation shall be conducted in conformity with the following requirement:

(a) The operation shall be conducted in conformity with all laws, rules, regulations, ordinances and restrictions imposed upon such operation and under the supervision of a responsible person.

(b) The operation shall be conducted so as to minimize the impact of the operation on traffic, health, water, sanitation and other public facilities.

(c) The operation shall be conducted on parcels with agriculture zoning, or on vacant lands in other zoned districts where the site is determined to be appropriate by the reviewing agencies.

(d) There shall be no permanent on-site improvements, including paving, grading in excess of one thousand five hundred cubic yards, or removal of major vegetation as a result of the space shuttle launch parking operation.

(e) A space shuttle launch parking operation shall not be conducted so as to remove land from agricultural production or on areas of special natural or archeological sensitivity as designated on existing comprehensive plan maps or designations, or on land with dense vegetation or on slopes in excess of fifteen percent.

(f) No space shuttle launch parking operation shall be conducted in a manner which adversely affects adjoining areas or creates objectionable noise, odor, dust, lighting, or glare.

(g) Parking operations shall be conducted so as to provide an adequate buffer area to protect cultivated land and other adjoining land uses.

(h) Adequate trash containers, trash pickup and sanitary facilities shall be provided by the applicant during all phases of operation in conformity with an approval by the department of health care services, division of environmental health services.

(i) All accessory structures and facilities for the parking operation and all signs shall be removed within one week following the end of the permit period.

(j) All waste, litter, and refuse material shall be removed from the site and from the affected area within one week following the end of the permit period.

(k) The applicant shall prohibit sales upon the premises at all times during the operation, except that food vending may be permitted in strict conformity with the California Retail Food Facilities Law, Chapter 4, Division 22, of the California Health and Safety Code under permit by the department of health services.

(l) No sound amplification equipment shall be permitted on the premises during parking operations.

(m) The operation shall provide such traffic and safety controls as are requested by the county sheriff's department.

(n) The operation shall provide such fire safety and suppression provisions as are requested by the county fire department.

(Ord. No. 3553, § 1)

The parking permit applicant shall promptly notify the department of resource management of any change in the facts contained in the application, including any accompanying documents.

(Ord. No. 3553, § 1)

The sheriff of Santa Barbara County may suspend any permit approved or granted under this article. Such suspension shall suspend and terminate the right to operate any parking operation. The owner of the property subject to such suspended permit shall make such provision for the public health, safety and for the safety of the property as the sheriff may require. A suspension by the sheriff shall immediately terminate the right to operate under the terms of the permit. Such suspension of operation may be ordered by the sheriff when, in the sheriff's opinion, it is necessary for the flow of traffic, or for the protection of private property, or to prevent a breach of the peace.

(Ord. No. 3553, § 1)

No permit issued pursuant to this article shall be transferred to any other person or entity or from one location to another location. Responsible parties, otherwise entitled to a permit hereunder, may be substituted, upon approval by the department of resource management, for the original applicant upon execution of an assumption agreement and providing the agreements and security required under this article.

(Ord. No. 3553, § 1)

Applicants for a space shuttle launch parking operation permit are required to pay a fee for the processing of the application as follows:

For one to forty vehicles, fifteen dollars;

For forty-one to one hundred vehicles, seventy-five dollars;

For one hundred one to five hundred vehicles, two hundred dollars;

For five hundred one to two thousand vehicles, three hundred dollars;

For over two thousand vehicles, six hundred dollars.

Such fees shall be based upon the number of vehicles proposed by the applicant. If a permit is approved and the number of vehicles authorized is other than the number applied for, the department of resource management shall obtain such adjustment of the fee as is appropriate under the schedule of fees provided in this section. The fee for filing an appeal with the board of supervisors of the County of Santa Barbara to challenge any decision made in connection with the issuance of such permit is the sum of one hundred dollars per appeal.

(Ord. No. 3553, § 1)

The authority to issue permits under this article shall remain in effect only until December 31, 1987, and of such date this article is repealed, unless a later-enacted ordinance either extends such date or amends this provision deleting the repealer.

(Ord. No. 3553, § 1)