UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:00 – 0:031 turns
you Welcome and good morning. It's the June 6th Santa Barbara County Board of Supervisors meeting here in the Santa Barbara County hearing room Mr. Allen will you call the roll please?
0:03 – 0:0810 turns
Mr. Lavinino, here. Mr. Williams, here Ms. Wolfe, here Mr. Adam, here Ms. Hartman,
I will make a motion to do that and as I do that, I want to congratulate our audience. That was the best audience participation in four-and-a-half years
on the pledge. Thank you.
So that they will also clap I will second that motion.
Any discussion of the minutes? All in favor say aye. Any opposed? The minutes pass. Do we have a CEO's report today Ms. Niasato? No report this morning chair. OK we have three honorary resolutions 847, 48 and 49 may I have a motion to approve?
So moved.
All those in favor say aye. Any opposed? The honorary resolutions pass and the first would you read a 49 into the record please Mr. Allen.
Chair Hartman, members of the board item 849 sponsored by the chair Supervisor Hartman this is a resolution of commendation honoring Alicia Lopez of the Public Defender's Office as our June 2017 employee of the month for Santa Barbara County and if Alicia could come on up Thank you and I will read the resolution into the record. Whereas Alicia Lopez, legal office professional expert is awarded the County Employee of the Month Award for her commitment to dedication with many responsibilities in the Lompoc Public Defender's Office and does with a positive attitude and attention to detail. And whereas Alicia worked at Carrows as a bookkeeper and Legal Aid Foundation as a paralegal before coming to the public defender's office in 1993 She has been the cornerstone of the Lompoc office for more than 24 years, assisting and training countless attorneys and support staff who have been assigned to that office taking great pride in the work she does for the residents of Santa Barbara County.
And whereas Alicia has consistently demonstrated her abilities as a legal office professional expert, going above and beyond for each client due to her wealth of knowledge and experience regarding the legal system. And is dependable team player who uses innovation and creativity in improving office work conditions as a keen ability to train and find projects for any staff member or intern.
Whereas Alicia was born in Mexico and grew up in Lompoc, has been married to her husband Wayne, and between the two of them raised five children and now enjoy two grandsons. And whereas, Alicia spends her Sundays as a religious education teacher for children and adults at her church. In her spare time and for relaxation she loves to go camping, enjoys going out to eat, likes going to the movies and spending time with her family and friends. Now therefore be it hereby ordered and resolved that this Board of Supervisors recognizes Alicia Lopez for exceptional and continuous contributions to the work of Santa Barbara County by naming her as Santa Barbara County Employee of the Month for June 2017. Passed and adopted today.
Good morning Madam Chair, members of the board. I want to thank you for acknowledging Ms. Lopez as the employee of the month for June 2017 Ms. Lopez approaches her work with 100% dedication and devotion, she truly is a public servant and she gives constant guidance to our office on what people should do and she is a community leader, she spends time with her church, she touches the community in many facets and we are very proud and grateful to have Ms. Lopez as one of the members of the Public Defender staff. Thank you.
I just want to say thank you very much for the acknowledgement. Sometimes some of the employees of the county have been working here for 24 years and sometimes we feel like we're being ignored, so thank you very much. Thank you very much.
0:08 – 0:136 turns
And next resolution A48, Mr. Allen.
Chair Hartman and members of the board item A48 this is sponsored by the entire board today. This is a resolution of commendation honoring William J. Cerrone upon his retirement as Santa Barbara County Superintendent of Schools after over 34 years of faithful and distinguished service in leadership to students educators and citizens of Santa Barbara County.
Bill if you'll come on up to the podium I'll read the resolution into the record Whereas, William Cerrone having worked continuously as the longest serving county superintendent in the state of California was elected to the position in 1982 and has been re-elected every four years since. And whereas, William Cerrone having begun his career in public education in 1960 as a teacher in Harlem and New York City thus establishing a long track record of leadership in education business civic affairs and success clearly tied to his passionate belief in partnerships with a wide array of institutions Nor as William Cerrone having earned numerous honors including the Anti-Defamation League's Distinguished Community Service Award, California PTAs Honorary Service Award, The Santa Barbara Foundation's Man of the Year, The Santa Barbara News Press Lifetime Achievement Award, The Association of California School Administrators Awards as Regional Superintendent of the Year and as the State Ferd Kessel Memorial Distinguished Service Award.
And whereas Bill will be concluding 34 years as county superintendent when he retires on June 30, 2017. Allowing him to spend more time with his best friend and wife of 54 years Barbara as well as his son and daughter-in-law and two granddaughters. Now therefore it is hereby ordered and resolved that the Board of Supervisors commends William Cerrone for his faithful and distinguished service in leadership with the students educators and citizens of Santa Barbara County congratulates him on his retirement and wishing him and his family many years of continued good health and happiness
I want to thank you and everyone, not for the recognition as much as for your support through the years because to me public education is really the cornerstone of our great democracy. It's the great equalizer, it's the melting pot, it's where the social escalator that makes the American dream possible. And certainly the support of the board, participation and sponsorship of so many things like First Five and a zillion others which I won't mention.
really truly make a difference for children and families. So it's, for me, it's been an honor and a privilege to serve the children, the families, the community, all of the citizens in Santa Barbara County. And it's been a privilege to work with all you and everyone here as well. So thank you.
Thank you Mr. Cerrone Before I ask which administrative items supervisors or the public would like to pull, I'd just like to say that if you have not yet filled out a speaker slip and you're here to speak about item number one please if you are willing to speak for just one moment instead of two minutes circle a 1 on this side above Board of Supervisors and turn that in to Mr. Allen and you'll have an opportunity to go first.
So with that I have for pulled items A30 and A34. Are there any others? Do we have any public speaker slips?
Chair Hartman, members of the board. I have one request to speak on item 828.
OK. And no others so let's go forward with 828
0:13 – 0:174 turns
Chair Hartman, members of the board. Item A-28 is from Public Works. It's to consider recommendations regarding the memorandum of understanding for the Olive Mill Road and San Ysidro intersection improvements projects in the First District. Tom Becker is here to speak on this.
And Chair Hartman on A- 28, this is an item where we have outside counsel available if there's a need for discussion by the Board on that item they'll be participating by telephone today.
Thank you. Is Mr. Becker here?
Thank you Tom Becker cars are basic. Sorry about the I gave it to the lady back here very very short notice we're waiting for more information from the Federal Highway Administration this is a 28. You should have received something from us just a few minutes ago. You folks need to take this very very seriously. Cars are basic. This is the second time cars were basic in our history 19 year history It's the second time that we've challenged federal funding of any county project. The last time we challenged a federal funding The funding was pulled by the Federal Transit Administration from SB CAG and people lost their jobs over that. That project went down in flames because we discovered bid rigging This issue that's before you now, you need to take it very seriously.
We only did it once. We have a 100% success rate in getting federal funding pulled from county projects. You need to be very, very concerned about what's going on here. I'm the one that led that effort against MTD and the one who prepared all the documents. Some of you may have remembered that This is far, far worse than the South Coast Transit Plan project.
Far worse. The implications for you and the county and the board are many, many times greater than that project which we succeeded at getting federal funding pulled from. And people fired from their jobs including the executive director of MTD Gary Gleason Right now the Federal Highway Administration is conducting an internal review of SBK's application for the MOU.
Right now as we speak, we have been in contact with the Federal Highway Administration and they're taking this seriously and so should you because this isn't going to end today. Now this is the last time that the public will have a chance to speak at the county level On this issue. Why the S. B. K. board decided to submit the M. O. U.. To the federal highway administration before the public review process was finished in this county is a serious question that we have to S. P. K.. And to the federal highway administration my time's almost up folks you need Thank you very much. Thank you.
0:17 – 0:1910 turns
Chair and members of the board, item A30 is from social services. This is a recommendation regarding the first amendments to the agreement with Casa Pacifica Centers for Children and Families for Child Welfare Services wraparound services and safety watch services programs.
Supervisor Adam.
Yeah Mr. Nielsen? Yes. Is this program going to survive over the next three to five years?
I believe it will not only survive, but I believe it's going to become more and more essential as we're doing continuum of care reform and needing to have more resources to support kids in residential placements as opposed to group homes.
Okay, well you know I'm not sure that's the case. I'm interested in your opinion and I'm glad that you gave it to me. You know this in contrast to our normal custom and practice We usually put general fund money into federal programs like this to leverage our money and get more out of it. In this case, it's the opposite we are putting 60% of the money up so that the federal government is leveraging their money by getting us to put up 60%.
Supervisor Adam through the chair. One of the fundamental aspects of the structure of this program and the mindset behind the program is that if we weren't spending this money in this program, the general fund money to support kids in residential placements bringing them down from group home levels of care to lower levels of care that we would be spending that money and more on the general fund level to support All right. Thank you. You changed my mind.
I don't think that's going to happen again today. An
agile,
flexible mind.
Okay turning to item A34 Mr. Allen would you read that into the record?
0:19 – 0:2212 turns
Chair Hartman and members of the board also from social services item A34 is regarding the community action commission of Santa Barbara this is an agreement for enhanced family reunification support services.
And Supervisor
Atom. Somebody should go check my staff because I'm sure they are in the office and they probably need CPR or something. Okay 34, I just want a roll call vote on because that's $54,000 of general fund money that you're not going to change my mind on. Thank you. We're going to roll call.
All right, Madam Chair I'll move on A34. Thank you second?
Second.
Okay Mr. Allen.
Mr. Lavinino. Aye. Mr. Williams. Aye Ms. Wolfe. Aye Mr. Adam. No. Ms. Hartman. Aye Passes 4-1
And yes, Mr.
Allen? As we move on to finalize the admin agenda I did have a couple of announcements. We do have a memo to withdraw item A5 from the agenda today. And this item comes to the board from behavioral wellness. This is regarding the fiscal year 16-17 transfer of California Health Facilities Financing Authority funds for Centromere Crisis Residential Treatment Center, and they'd like to have that withdrawn from the agenda today.
We also posted an addendum, we added Item A50 onto the administrative agenda. This was a resolution of commendation for Karen Steinwax. I just wanted to note those changes to the admin.
Thank you.
Move the balance of the admin agenda.
Okay, taking out A5 and adding A50. May I have a second? All in favor say aye. Aye. Any opposed? Okay one last reminder if you want to speak on agenda item number one please get your speaker slips in after that's read into the record we will not accept any more speaker slips. Now is the time on our agenda when anyone who wants to talk about an item that is not on the agenda may have a speaker slip submitted and have three minutes of time to talk about those issues and alert us to it.
0:22 – 0:2910 turns
Chair Hartman members of the board, we have two requests to speak today. We're going to start with Ed Kolaski to be followed by Denise Spangler Adams. Mr. Kolasky?
Good morning everyone. This is the third anniversary of having been kicked out The Bar, oh boy. The Board of Architectural Review back in June of 2014 we came in for our fifth meeting to get approved. We had a five-to-two vote prior to this in our favor. We come in and sit down they vote seven to zero against us and they kick us out of the meeting. They had Dylan jump up and start screaming. We could not even ask a single question. We never got to say a single word We were rejected because they claim that our second story is located solely over the garage.
And in their 64-page report, they point out that our second story is located solely over the garage. Now when I first presented this it was not in red and Supervisor Peter Adam here within two seconds said that's not solely over the garage Here it's fairly clearly outlined that it's over the garage, the kitchen, the dining room and part of the living room plus the laundry room.
Three years later there have been changes to the board and two members are new members since January so they missed out on half of this discussion. What does it take? I mean you know you go through your life with all kinds of crap you have to go through and you have to do. You've got to spend here three years dealing with a corrupt government, a corrupt local government.
Is there anyone that can say that's solely over the garage? You know it's illegal to kick someone out of a public meeting and certainly illegal to kick someone out without good cause if they paid for the meeting You know what it's like to be kicked out of a meeting that you paid for? Did you want to get approval to do your design because you retired and you would like them have a nice house.
You'd like to improve the neighborhood from our little shack more or less, three bedroom very tight. And we have someone here in our district rep number two That won't even see me to talk about our problem. How disgusting is that? It's just like, you know, you might as well be living in a communist country. You can't do this. You can't do that. No, you can't improve your house. No we'll say that solely over the garage and therefore you're in violation of 4.7.
Which says do not locate your second story solely over the garage or any single entity of This is the United States of America here? I've never seen such corruption.
You know you hear about it. That is your time, Mr. Kolaski.
Thank you. Our final speaker under public comment.
I would ask people in the audience, this is a dignified proceeding. This isn't a sports event so I would ask you please not to clap, not to yay, not to boo. This is democracy in action we can do it here. We can show each other respect and honor each other thank you. Supervisor Wolk.
Thank you Madam Chair, just to correct a statement I did meet with Mr. Pulaski and also referred him to our planning and development staff where there were meetings held with Mr. Pulaski along with SBAR representatives thank you madam
chair.
Our final speaker under public comment is Denise Spangler Adams
Good morning, thank you. I came today because I wanted to call to your attention some pending Sacramento legislation that's a concern to me and to request your proactive participation or your greater participation on what is going on in Sacramento. I know Doss Williams you are already familiar with this because I have been in contact with Anyway, I got involved in this because I was originally involved with the Granny Flat Ordinance in 1983 with Kathy Wright, the Republican from Simi Valley who was a former mayor and an assemblywoman to develop Granny Flat Ordinances. So with the changes that came into effect in January of 2017, I started to follow those more closely with the passage of Assembly Bill 1069 which we're implementing now. But in the process of doing that, other legislation pops up which it's California is going too far and it's becoming very dictatorial.
And it's taking away all of our local control and I think we need to put Sacramento actively on our radar. Specifically Assembly Bill 352 by Assembly Member San Diego will further amend the accessory dwelling units. Any parcel can have 150 square foot efficiency unit occupied by two persons with a partial bath and a partial kitchen. I'd like to ask you, would you please consider each of our communities? Santa Maria, Orchid, Montecito, Summerlin, Carpinteria, San Ines. Consider if everybody like one house in my neighborhood has 150 square foot trailer parked right in front And no bathroom facilities. It rents for about $1,700 a month I'm told and that is what we see as we drive up and down our streets. I think with the prohibitions that Sacramento was setting that you cannot prohibit these whether you're a county city or special district that you have to allow them in this bill specifically if you're within a half mile of public transport or if you're near a UC which we have one here in Santa Barbara or at Cal State University We need to be concerned.
And so I'm just asking, I know you have staff that monitor Sacramento and perhaps we could be proactive. I talked to housing and community development. Paul McDougal is working on a lot of these issues. There's no opposition on file. So if we're concerned about the infrastructure, the uniqueness of our communities, if we're concerned about safety or what we're going to even be 10 years from now, I hope that we could look at some long range Thank you for your time.
Thank you. So turning now to our departmental agenda item number one, last call for speaker slips on this item. Mr. Allen would you read that into the record please?
0:29 – 0:454 turns
Chair Hartman and members of the board, Item 1 is from planning and development. It's a hearing to consider recommendations regarding short term rental ordinances.
Good morning chair Hartman and supervisors. This presentation on short term rentals follows the last hearing on December 6th with specific answers to a variety of questions posed by your board. We are here today seeking your direction on the use of short term rentals in the county The short-term rental project has been through an extensive public outreach process as shown by this graphic.
Currently, short-term rentals are allowed in the county. This is due to the fact that zoning ordinances do not address the use and do not place restrictions on the use. The Board of Supervisors added the review of short-term rentals to the Long Range Planning Work Program for the fiscal year of 2015-2016. In review of this timeline, you will see that we have held five County Planning Commission meetings and two Montecito Planning Commission meetings.
The planning commissions made recommendations to the board that were presented at the last hearing and included defining the use of short-term rentals, prohibiting the use in residential, agriculture one, resource protection, industrial and certain purpose districts. Also the Planning Commission recommendation allowed the use of short-term rentals in commercial and mixed use as well as allowing it in agriculture too with regulations.
These next slides are on the main points from your board letter To begin with, I will give you some background on transient occupancy tax or TOT. Short-term rental operators are required to collect TOT from transients who stay for a period of 30 consecutive days or less. The amounts on these slides are just for the TOT that was collected on short term rentals and do not include other TOT from other lodging sources.
The recommendation of the Planning Commission would have a fiscal impact on the TOT collected. As shown here, only 8% of the current TOT certificates would be in zones where the use would still be allowed. 92% would be rendered illegal by the Planning Commission's recommendation. If that revenue was no longer collected, the known losses could be upwards of $1.5 million.
Another important piece of information on the TOT certificate is that it does not constitute a land use permit for a short-term rental. The last piece of information requested on the TOT was in regards to the application. The TOT application does not currently require operators to provide information on housing type, if the rental unit is a primary or secondary dwelling unit, or if the owner occupies the home at the same time as the transient.
But the application could be modified to include this information with your direction. Staff use these locations of the existing TOT certificates to create graphics and maps that illustrate where TOTs are in the county. And this information is included in attachment 3 of your board letter. To briefly summarize some of the findings, looking at the community plan areas 26% of the TOT certificates fall into the Montecito Community Plan. 24% fall into the Santa Ynez Community Plan and 14% into the Eastern Goleta Valley Community Plan When we reviewed zoning, 73% of the TOT certificates are in residential zoning. 24% are in agricultural zoning. Of that 24% in ag, 73 percent of those are in Agricultural 1 zoning.
As you know, here at the county we have three different zoning ordinances. 56% of the TOTs fall in the inland area or the Land Use Development Code. 14% fall into the Montecito LUDC and 30% into the coastal zone or Article 2. Of those 30% in the coastal zone 12% are also in the Montecito Community Plan boundary Another question that staff answered in our board letter is in regards to short-term rentals and the housing element.
The housing element inventories vacant and underutilized sites zoned and suitable for new development. It estimates what can be built in the future to meet regional needs, housing allocation or RENA requirements. In review of our housing element, it specifically states the South County has the lowest rental vacancy rates in years at 1% and the rental costs are rising.
A countywide survey of available rental housing indicated a lack of affordable rental housing particularly in the South County, Santa Anaz Valley and Lompoc Valleys. For example, in the housing element 3.6% of the housing stocks surveyed in the 2010 census was being converted to seasonal recreational or occasional use which could include short-term rentals or other vacation housing types such as second or third homes Staff also contacted the California Department of Housing and Community Development, and they have no current position on short-term rentals.
Our current housing element will not be re-evaluated until 2023, so any action taken here today on short term rentals and their future impact on RHNA is unknown but would not change the certification of our current housing element. Additional information requested included owner occupied short term rentals 535 TOT certificates were issued in the last fiscal year.
185 are claiming a homeowner's exemption in their taxes, which means that it is their primary residence. The remaining 350 TOT certificates renting as short-term rentals could be second or third homes long term rentals or commercial short-term rentals Staff searched for vacancy rate data for the county that did not include the cities. Unfortunately, the census does not update vacancy rate datasets for our area and only updates that information for larger population areas like the city of Santa Barbara.
The housing element data from the 2010 census does state that the vacancy rate for the South Coast including the cities was 1%. The current numbers collected for the City of Santa Barbara that have been recently updated also show this low vacancy rate. Staff also included the Coastal Commission comments on the previous Planning Commission's recommendation in your board letter.
The Coastal Commission states that short-term rentals in the coastal zone provide for low cost accommodations The Planning Commission's recommendation did not provide for many short-term rentals in the coastal areas. If new direction, different from the Planning Commission's recommendation is given today, staff will solicit new comments on that direction from the Coastal Commission.
We have also provided additional information on new state policies in regards to accessory dwelling units. State policies on ADUs generally intend to reduce permitting barriers and increase the availability to develop ADUs to grow long-term housing stock. The state leaves the allowance of short term rentals in ADUs up to local jurisdictions to decide. The ADU ordinance that is currently working its way through the Planning Commission's process does not allow for an ADU to be used as a short-term rental at this time.
Also requested were other regulatory approaches. Jurisdictions addressing short-term rentals have a variety of ways of doing it, including an outright prohibition like the City of Ojai Allowing certain zones to have short-term rentals in them, like Sonoma County which only allows short-term rentals in single family and commercial zones. Allowing short-term rentals only in certain geographic areas like the city of Carpinteria or allowing them through different processes like a land use permit or through a business license like the city of Toledo They also only allow them in owner-occupied units like the City of San Francisco.
And finally, some jurisdictions only allow homestays like the City of Santa Monica. For the purpose here today, the definition of homestay is a dwelling where an owner or long term tenant of the property inhabits the same parcel at the same time as the transient occupant. A definition that is rather unique to Santa Barbara County that we introduced in the Gaviota Coast Plan is a farmstay, which is a farm that provides guest accommodations and interactive activities where guests participate in basic operations.
Currently in our code, farmstays are allowed in the inland area of the Gaviota plan on Agricultural 2 zoning. Regardless of what type of short-term rental or homestay is allowed in other jurisdictions, one thing they all have in common is some sort of development standards and some examples are shown here which can include prohibiting certain structures to be used as short term rentals like cabanas or ADUs.
Creating nuisance response plans that notify neighbors of a 24-hour contact they can call if issues arise. Or having revocation standards in place for the permit. Current planning and development enforcement is primarily complaint driven. Possible new enforcement measures could include added public outreach and education, Limited proactive enforcement or actively enforcing the ordinance.
Planning and development intends to address enforcement in the next fiscal year budget based on the direction given today. Any enhanced enforcement would have budget and staffing implications until specific direction is given, enforcement costs and measures are difficult to predict. We also spoke with the tax collector on their enforcement measures and their staff is also available for any questions that you have through this hearing.
Currently, the tax collector conducts internet searches for violators and once their addresses are identified they send a letter to the violator about the TOT requirements. This slide includes the various recommendations that can be given to staff today to move this project forward. In addition, we worked with Chair Hartman to develop this deliberation outline to assist in the decision-making process as well as another matrix on the development standards included in the memo that you received yesterday.
That concludes my presentation and we are happy to answer any questions that you may have. Thank you very much.
Thank you. Supervisor Williams I know you had a question on slide number four I believe?
I think that was answered, the relative number of owner occupied units based on the ones who have come in is about a third if that's representative of the whole. So that question was answered but I'm curious of what the tax collector feels is the genuine Is the general amount of people who are actually paying T. O. T.. Versus not paying T.O.T.. How many folks is now in there in their experience of enforcement how many people are getting away with not paying TOT and how many people are paying to you I'm not looking for an exact number because obviously if we knew that we would be able to catch them all. But what do you feel like is the general amount that were catching versus not?
0:45 – 0:5216 turns
Supervisor Williams through the chair, there's no empirical data on that so that's my best guess
And of course if there was a permit requirement you would be able to catch more because that would be a requirement of permit right?
Supervisor Williams through the Chair. You're talking about licensing. And so if you're talking administratively or if you're talking enforcement there are two different things and so if you're talking about having enforcement responsibilities too, then that's a whole different conversation but I would think that number as far as catching as you say would go up.
Well we could always make as
a part of a permit that you have to show your TOT paid from previous years right? So All right thanks.
Are there any other questions? Okay we are going to turn to public comment, I think we have over 50 speaker slips here but some people who agreed to speak for a minute or less will be called first. I would ask you to get on deck so that we don't waste a lot of time as people come up to the mic. And I'd remind everyone once again that there are very important interests at stake today, people's homes or people's livelihoods. And so I would ask that everybody respect what others have to say whether you agree with it or not and ask that you listen respectfully. Thank you.
Chair Hartman, members of the board. We're going to start with a one minute speakers and we're going to go to Santa Maria or Layla Williams to be followed by Mr Caldwell.
Good morning can you hear me?
Yes we can hear you so please go ahead. We could hear you now we can't hold just a second.
Good morning, my name is Layla Williams. I don't think there's anything as personal as your home and I thank you for your comments to remember that this is really striking at the nerve ending of something very personal for people My family, we moved here to be close to the grandparents and we do live on an Ag-1 property. We are owner occupied. We are farmers as well. We have taken a lot of risk and we are very very thankful for the grassroots economy to help supplement Our livelihood here with two young kids and economy that we really believe in, but it has a lot of risks. And this really helps us supplement our life here. And all I ask is that you're open to reason.
It is such a wonderful thing to host these families that come. It's intimate and since we're not there, it doesn't have any impact. Okay thank you. Is that my minute?
The next speaker is Mr. Caldwell in Santa Maria
Madam Chair, members of the Board. I'm Andy Caldwell representing CoLab. I think it's incredible that we would even talk about the impact to affordable housing from short-term rentals when we've had a lack of affordable housing in the South County for decades due to a jobs housing imbalance not short term rentals. Housing was not affordable before anybody even thought of the idea of short-term rentals, so I don't think that should be part of your conversation. You know the bottom line here is government should have a compelling need to create a new regulation And we understand there can be a compelling need to regulate noise, traffic and nuisance. But there is no justification whatsoever in our minds that you should ban these things entirely in any of the zone districts.
Thank you.
We're back to Santa Barbara for Barry Chersky, followed by Michael Bade. And if the person who's on deck to speak could make their way to the podium we can keep the testimony flowing. Thank you, Barry.
Good morning Chair Hartman and Board of Supervisors. For nearly 17 years I have co-owned a home in Los Olivos when I entered into retirement. I began to rent two of the guest rooms in my home. I registered with the county and a faithfully paid I'm a member of the board of Supervisors and I receive my pension expansion occupancy tax every month. As a homeowner who is attracted to the quiet and serenity of my town, I share the concern about potential nuisance issues which short-term rentals can and at times have created. On the other hand as a community member, I am also aware of the many positive benefits that short-term rentals can and have brought to our communities such As well as the revenue generated to the benefit of the county.
Of the two proposed solutions, complete ban or regulation of short-term rentals there is truly only one fair solution when viewed through a community values perspective and that is to create reasonable and fair regulations I invite you to consider community values perspective in making your decision thank you
Michael Baird to be followed by Sharon Puckley.
Good morning Chairman Hartman. Good morning and thank you for hearing me. My name is Michael Bayard, I've been a homeowner in Los Olivos for nearly 17 years. During the past three years we have hosted guests in our home. The two rooms that we rent are part of our home in which we are present. Our rentals fall under the county definition of homestays. When we rent our bedrooms guests are provided house rules which address quiet time as well as sensitivity not only to our home and property but to the neighborhood as well. There has never ever been a violation. We provide off-street parking for our guests, we understand that there can be nuisance issues related to short term rentals when the owner is not present While we totally respect and encourage the development of regulations dealing with noise traffic and disruptions to the neighborhood.
We believe that the homestay situation is an entirely different category. We're asking the Board of Supervisors to consider homestays as part of a fair of fair regulations. Thank you for your consideration.
Sharon Buckley followed by James Solis
0:52 – 0:5812 turns
Thank you, Supervisors. My husband and I have lived in our home in Los Olivos for 28 years. For four years we have rented out a single bedroom as hosts through Airbnb. Each month we pay our TOT tax and have maintained the highest standards As you can read in our many reviews, we are referred to as homestays present when we have guests to manage and handle any situation that may arise. We really love what we do and are very conscientious and respectful of our neighbors. We began hosting in order to be able to remain in our home. In the last decade, we faced many challenges such as bankruptcy and almost losing our home to foreclosure. This is a matter of record. We do not line our pockets as some have claimed. We do it simply to make ends meet and to be able to stay in our home for years to come.
I am hoping you will make it possible for homestays such as us to operate with fair and reasonable restrictions. Please help us to continue. Thank you very much.
Thank you
Supervisors for taking the time and effort to consider this agenda item and for the direction given to the Planning Department at the December meeting. On the face of it, the original planning proposal to ban short-term rentals in residential and Ag 1 zones was overreaching government to impose the will of a few local citizens on many who do not share their views. A blanket ban on B&Bs flies in the face of the American virtues of ingenuity, personal freedom and entrepreneurship. I would hope the supervisors perused the B&b websites on the internet and looked at the rentals in the county. You will see that there are not many in the small towns of Los Olivos and Los Alamos, and the ones that do exist are clean and tidy and owner-occupied. I've been operating one bedroom two occupant B&B since December.
It is an amazing grassroots experience. I've had six guests from France five from Britain one from Iran three from China a father son from Germany and two from Netherlands. Please allow owner occupied short term rentals in the residential zone. Don't put another nail in the little guy's coffin. Thank you.
Vicki Connor to be followed by Steve Pepe
Good morning. Vicki Connor, Econ Alliance. We just wanted to encourage you to consider the positive impact on small family farms of the ability to have short-term rentals partly to provide some secondary income that stabilizes incomes in drought years or flood years Thank you, Mr. President.
Steve Pepe to be followed by Nate Nienhaus.
If we could have the second speaker get right up on deck so that we use our time as efficiently as possible. Mr. Pepe.
Good morning Chair, Board of Supervisors Steve Pepe, County Alliance. I'm speaking in favor of STRs on AG either 1 or 2, the parking and the noise issues aren't going to exist on those kinds of properties and one of the things when I read through Thank you, Mr. Chairman and members of the board. Inconsistently the existing ordinance on employee housing provides that if you don't use it for six months, you're supposed to tear it down which doesn't seem to make much sense in what's going on currently. Thank you.
Nate Nienhaus will be followed by Larry Nimmer
Good morning members of the board. I want to thank you for your time this morning. My name is Nate Neenhuis, I'm 28 years old. I've lived in Santa Barbara for five years. I'm married and have my first wife on the way or my first child. Sorry Lauren. That's bad. Wow what a romantic!
Hey did she know before? Okay now she knows.
Yeah busted. Anyways I want to touch on something that we haven't really talked about yet and that's the jobs that the STR industry brings to Santa Barbara I think it's estimated there's about 5,000 jobs in this industry. Mine is one of them and it's something that I need to live in Santa Barbara. I couldn't live here without this job. It's a job that I love and I feel like should be a career so I just ask that you really just consider fair regulation on the STRs in town and think about those 5000 people who may not have a job or me who may not have a wife anymore.
0:58 – 1:0317 turns
Larry Nimmer to be followed by Mark Pacino.
Hi Supervisors I want to thank you for your great work on behalf of the county, your public service. My family owns a beachfront house on Padaro Lane and we've owned it since 1971 and have been renting it out since the early 80s. I also live in Carpinteria a few miles away from the Beach House. I should let you know that some of the property owners Some of the property owners who have been paying the TOT tax have discussed litigation against the county for detrimental reliance that the county does not recognize their own historic recognition of the activity through the collection of fees.
In our case, well in Padaro Lane we have a tenant's guideline and all the people that I'm aware of have been following the tenant's guideline regarding noise and parking and so forth. And we've never gotten any complaints. The Coastal Commission as you know supports public access to the beach and it is particularly relevant on Padaro Lane where most of the homes are. That is
your time.
What was that?
You were one minute and that was your time. Okay
thank you then.
Mark Ficino. Is Mark here? You followed by Lynn or Linny Gonsalves.
I'm sorry did you mark two minutes? The people who came late we gave them one minute, we relaxed our standard and said we would allow you to speak but it's only for one minute if you didn't have it in early so that could be partly what is going on.
Okay, well listen you know first of all I'm from the city so and I used to have a short term rental and I don't anymore and it has affected me personally. And I'm here in support of my friends in the county because they really think the city got it wrong. This is the face of Santa Barbara and I saw this in the city That this is the new shared economy and this keeps locals in their home. The narrative that a short-term rental is disturbing to the neighborhood, takes away housing it's just not true and the facts support that.
So I urge you to do what's best for the community. I went to those meetings in the city and I saw young couples who said I can finally afford a home because of the short term rental or retired people saying I can stay in my home. I sold real estate in 2015 and five of my homes We're all for out-of-towners. It was our second or third home, and they were a million two, three million plus. We live in a beautiful area that has very expensive real estate.
Short term rentals allows people to keep their home. I don't want this to become a community where it's just for the wealthy who have their vacation home here and it's unoccupied during the year. You are seeing the face of Santa Barbara.
Thank you. That
is unanimous. Hope you heard what I said. We
heard. To be followed by Lynette Lemire.
Okay. Short-term rentals have been successfully regulated in other areas. This doesn't have to be a black or white situation, simply banning them based on fear only appeases a small handful of people. By enforcing fair regulation it can be a win-win situation for everybody including bringing in the TOT tax. A ban would basically cease a huge portion of the special events industry and not only is that detrimental for hundreds of businesses in town but all of the employees that work for them as well.
In one season, I staff about 300 people in one year. And that's just one business so you can imagine taking away all the special events industry how many people that's actually going to affect? Plus if you ban it, it's not actually even going to affect the current affordable housing and so it's just gonna make it more difficult for people to afford to live here.
We haven't taken any steps to regulate short term rentals in the county and so before you ban it, you should at least try to regulate it
I
would
ask please. Our next speaker is Lynette Lemire to be followed by Sam Mordstein.
Thank you for listening. I am a catering business owner asking you to take no action on this ban and enforce fair regulation. I find it absurd that we are once again here to defend the local economy for the hundreds of people I employ from the people who should be protecting it. I respectfully implore you to consider the unintended impact on locally generated economy, however I suspect the intention is not completely absent.
The homes my clients rent for their families would never be affordable housing. That's an absurd argument. What short-term rentals do is make possible substantial commerce here. They fill the hotels, restaurants, wineries and shops. Please do not harm. Thank you.
1:03 – 1:0913 turns
Supervisors, Ms. Hartman. We've owned a property in Los Olivos for the last 22 years. We have a small vineyard we have about 10 acres. We do an organic farm there and we have short-term rentals that we've done for the last 20 four years or so. It's just it's a wonderful thing to have guests come out from different countries, different parts of the state and different parts of the country and overseas and share this incredible experience walking through the vineyard, walking through the farm showing them what we do. It is kind of a Santa Barbara agriturismo kind of thing.
It is a wonderful thing please regulate it don't prohibit it thank you.
Sebastian Giefer to be followed by Dino
Ohanian. I have a second home in Montecito and it would not be used fully if I didn't rent it, it would just be used a few times by me or my family from Europe or from my wife's family from America I think it would be a complete waste to have empty houses sitting around just dead and not doing anything, not helping the community. My guests are usually incredibly interesting, sophisticated, well-to-do nice people. They're usually families. There are families where the grandfather has his 75th birthday and the kids are coming or the grandkids are coming. Those people would never use a hotel They would never choose Santa Barbara to come to celebrate.
These people are extremely considerate, I've never received a complaint in five years, no neighbor ever called, nothing was ever a problem with anybody. And that
is your time.
Oh my God, my two minutes are not even... What I really wanted to say is missing now, okay? Thank you.
The next speaker is Dino Haney and be followed by Gail Johnson.
Good morning. My wife and I live in Montecito, and we've had a homestay vacation rental for over eight years. Our place is really a romantic getaway for couples who need to slow down and spend some quiet time together and regroup. But while they're regrouping, they are fulfilling a great economic service to our county. The transient occupancy tax facilitates all sorts of improvements in our county. Then the first thing our guests ask after they settle in is where can we get something to eat? Where's the nearest grocery store?
So not only are they paying the TOT tax, which benefits us all but they're supporting local businesses and providing jobs for the natives. But what about the landlords who take advantage? They live in Canada and own a property in Montecito. They rented out to hordes of young people. They should be regulated. They should not be able to do this type of thing. Regulation is a part of life and business.
As well I'm not happy when that happened. But my wife and I have never had a problem in eight years. And that's because we're homestay, we live on the property and we have a vested interest to save the rentals.
Gail Johnson. The following Gail is Rodney Dale.
I don't remember saying I was speaking for a minute, but I will try to make this short. Thank you for the opportunity to provide input on the topic of short-term rentals in residential and agricultural land use zones. This is the fifth trip I've made to the county hearings both at the Planning Commission and with the Board of Supervisors. In our neighborhood in 2007 there were limited number of houses operating as TRs and today it has grown to about 10% in a small community of 96 houses I met again asking that the original intent of residential zones be reinstated, and that includes non-transient occupancy in R1 land use zones.
Neighborhoods that are free from commercialization open up much needed housing stock in Santa Barbara County and provide relative stability and conflict free neighborhoods. In our neighborhood there's a lot of conflict. And if our family wanted to live in a transient neighborhood we would have purchased a home Thank you. And thank you and I got my thing in early so I'd like to take two minutes. That was one of the first ones just to submit it.
Then you can wait until we get the two minutes. I'm happy
to. All right. John Polanski, to be followed by Kathleen Weigel.
Madam Chair and members of the board, the County Housing Authority and our Board of Commissioners would like you to consider we are writing in support of developing zoning ordinance changes for the use of short-term rentals within the unincorporated county of Santa Barbara. Our concern includes both the lower income county residents with whom we work and our staff who support our mission. We recognize that some housing in the unincorporated area of the county has historically been used as vacation rentals, such as housing located along the beach.
This housing has never been affordable to our staff or the people we serve. However, we are concerned about losing housing stock that has historically been available to county residents in need of housing. Many members of our staff have had to find housing outside of Santa Barbara County and our Section 8 voucher holders are finding it increasingly difficult to locate housing because of extremely low vacancy rates. Our recommendation is to identify suitable tourist or hotel zones in which short-term rentals are permitted This would allow anyone moving into these zones to know that short-term rentals are allowed in their neighborhood. Further, we suggest that short-term rentals be prohibited in other than properties and hotel tourist zones.
Thank you. Kathleen Weigel to be followed by George Newbern
1:09 – 1:1511 turns
I have a 12-acre property zoned Ag 10 in the Carpinteria Valley Coastal Zone. I purchased my property 30 years ago and it is my only and primary home. I'm listed with the county, have been paying my TOT taxes on a regular basis. I have collected and paid the county over $10,000 in bed taxes over the last five years. I've already booked my home for this year and I anticipate collecting over $5,000 in bed taxes which I will submit to the county.
I urge the supervisors to select from staff recommendations and create an ordinance with common sense regulations. I was not able to find any other jurisdiction listed on attachment eight that required such an A straightforward application is the way to go.
I've been doing short-term rentals for about six years. I have not had one complaint, and just want to encourage you to allow Ag 1 and 2 and properties like that the ability to do short-term rentals. I do understand your concern about tightly packed residential units.
Thank you. Cheryl Thompson will be followed by Sam Ramirez.
Madam Chair, members of the board. I've lived in Montecito for 30 years and been renting short term for three. I'm glad that the association took the time to examine the matter but I'm tired of coming to these meetings so I hope this is it. 60% of the Santa Barbara tourists can stay just for one day. They can't afford to stay in these exorbitant priced hotels.
As far as noise, I've had to call on my neighbors over the last 30 years. I don't know how many times because of pool parties or kids' boom boxes. Nobody's had to do that with me. I'm not in the home but I'm on the property. I am always available by text or call. This is a time and day in the age where we need people to connect with people. And it's lovely to have my home being used, and holidays fun for families to connect their grandchildren with their children. Thank you.
Sam Ramirez be followed by Dan Bernstein
Good morning Madam Chair, members of the Board. Sam Ramirez with SEIU Local 620. A few weeks ago our chapter board voted against a short-term rental ban. I think that with some creative thinking and some good policy, a well crafted plan will help protect and preserve the character of neighborhoods that some are looking and asking for. As you know these are tough fiscal times in a week or so the county will begin having its budget hearings where layoffs and service level reductions will be discussed and acted upon And while short-term rentals will not resolve the entire problem, it will play a small role in helping to address it. Earlier this year the CEO's office convened a rebalancing project meeting with variety of stakeholders. A common theme and common statement was that the county needs to bring in new and additional revenue.
Short term rentals do just that. Think of it this way. Ten years ago, would we have known that marijuana would be legalized and that agencies would be looking at a way to benefit from it throughout with thoughtful regulation? But times change and laws change and policy needs to reflect that change. Please don't prohibit short term rentals. Thank you.
Good morning Supervisors. I'm a resident of Montecito, we also have a vacation rental in Montecito. Everybody, many people spoken about nuisance and I would ditto all their comments. We are not a nuisance, we are very careful with the people that we rent to. We have a very high-end house and we don't want them to damage it and we get mostly Very good people and they contribute to the economy.
Second point I want to bring up is that have you seen the cost of hotels, hotel rooms these days? I think there's an economic issue here in VRBO Airbnb as a check against the high cost without the opportunity for short-term rentals hotel rates will go even higher and that'll preclude a lot of families Third point real quickly, we're in a residential zone but we have commercial on two sides. We have a major street on one side. Consider location.
Taylor Lockhart followed by Casey house.
Hello, my name is Taylor and I'm the Marketing and Concierge Coordinator for San Ynez Vacation Rentals. I had the privilege of being raised in the San Ynez Valley on a farm with my four younger siblings riding horses through the valley chasing our goats down the street watching the chickens hatch each new season. With my love for the valley and my passion for customer service, San Ynez Vacation Rentals has helped me help others have these experiences that they may not have had Like I did growing up.
Whether it be family trail rides through the 1600 acres of Zacher Creek Ranch or the farm to table experiences, private dining under the stars at Rancho Maroma or the sunny blueberry farm pickings at Restoration Oaks Ranch our properties help these dreams and experiences come to life Conscientious and family-oriented guests come from all over to get away from their busy lifestyle and into a relaxing ranch style environment. And at Santa Ynez Vacation Rentals, we offer just that.
Thank
you.
1:16 – 1:229 turns
Good morning. Banning short-term rentals will severely disable if not eliminate the local destination event portion of the tourism industry here in Santa Barbara and the surrounding areas. Current data does not substantiate the argument for potential negative effects short term rentals allegedly have on a long-term housing supply or residential neighborhoods. The event industry is fully supportive of fair regulations of short term rentals because it means maintaining the ability to provide options and space for visitors to this area to host their friends and family like you've heard Good morning. My name is Judy Weisbart and I've lived in this
I've lived in this town for 36 years. I work for the non-profits of this town. I'm not paid particularly well, though I would not change my job for anything. I love this community. I love what it means to us who live here and those who come and visit. My husband and I have had a short-term rental homestay for two years. We've never had a complaint by a neighbor, by anyone who stayed with us. We've met people from all over the world. It has been an incredibly wonderful experience for us and for those who come.
I really feel that the money that the county makes from these rentals and the money that is brought in by the people who stay with us is important at this time in our history. And I think that if we really look at who we are as a community, opening our hearts and our homes is exactly who we are. And we should continue to do it. It should be done by those of us who live here and we should be allowed, I think, in a democratic community, the right to use our homes in that way. Thank you so much.
The next speaker.
Our next speaker is Kelly Rose then be followed by Christine Jones.
Hi I'm Kelly Rose and I own and live on a 20 acre ranch in Los Olivos. STR supporters have claimed that the problems would all disappear if the county simply adopted fair regulations. The city of Goleta has regulations which have been cited by STR supporters as a good example of fair regulations. Key to Goleta's Regulations is a requirement that all advertisements for STRs in the city have the city permit number on them.
This past weekend I looked up advertisements for over 100 Goleta STRs without finding a single STR with the permit number on the advertisement. The cities of San Francisco, Santa Monica, Anaheim, New York which is the largest STR market in the world adopted what they believed are fair regulations. They were all sued by STRs so I guess at the end of the day fair regulations are those that aren't enforced.
Once you open Pandora's box by allowing STRs in Santa Barbara County there'll be no going back. You won't be able to strip people later of their rights that you gave them to commercialize their properties.
Thank you Christine Jones. Followed by Alice Citron.
Good morning Supervisor Labanino. Supervisor Williams Chair Hart. Supervisor Wolf and supervisor Adam. I live on an AG 120 parcel in Los Olivos that has been severely impacted by short term rentals Ask yourself what legacy do you want to leave to the residents of our beautiful county. Think about the long term effects your neighbor your important vote will have on the viability of our neighborhoods.
I urge you to adopt a carefully constructed and thoroughly reviewed SDR ordinances recommended by your compassionate planning commission. Thank you
Good morning Chair Hartman and Supervisors, I'm Ana Citrin with the Law Office of Mark Shutillo representing the Gaviota Coast Conservancy. We support pursuing farmstays instead of short-term rentals on Ag 2 zoned lands. There are sound policy and legal reasons to support this approach that we articulated in our written submittals Paramount among those is a letter from the Ag Preserve Advisory Committee where they voted unanimously that STRs are not a compatible use on Williamson Act contracted lands and further cautioned against their use on other ag zoned lands.
Apex letter and other substantial evidence that we submitted into the record precludes the use of the CEQA exemption. So if you are to pursue short-term rentals on ag zone lands, you need to do CEQAs review first. By contrast APAC endorsed the farmstay concept it was developed by a broad coalition of stakeholders and as a way to provide additional income for farmers and also lodging opportunities for guests in a manner that's consistent with our agricultural zoning thank you so much
Genevieve Marquez be followed by Ken Switzer.
1:22 – 1:2917 turns
Dear Chairwoman Hartman and Board of Supervisors, my name is Genevieve Marquez. Would you pull the mic down so we can hear you well? Thank you. I'm a local born and raised and I've worked for several years as a ranch manager and caretaker at a ranch where the owner stays at the residence portion of the ranch part of the time and rents out the house to short term tenants some of the other time about two-thirds of the time the house stays vacant.
As I am a present At the ranch full-time I witness every short term rental. Our guests mostly from urban areas are thankful and joyous of having the opportunity to breathe fresh air, take in the surrounding natural beauty of the Santa Ynez Valley mountains and relax at the house. They spend the time And money at the local shops, wineries, restaurants and recreational sites.
Our tenants are nothing but respectful of the surroundings. I always have a decibel reader handy just in case but the reader never comes anywhere near the decibel limits. The ranch owner will often donate stays at the farmhouse for charity fundraisers which have raised tens of thousands of dollars each year for our local schools. That's your time.
Ken Switzer followed by Jeff Nelson
Is he for two minutes? Have we switched?
No,
it is
donated. Jeff Nelson's our final... We
don't allow that there's a resolution you cannot donate time the board has a resolution so you get your one minute or you wait for your two?
I'll wait for two.
Then Jeff Nelson and then we're going to go on to the two-minute speaker.
Good morning, Jeff Nelson. New home we built in Western Isla Vista after 12 years of permitting struggles with the county. It was much too nice to turn over to students so we have, we do use ourselves family and friends and some vacation rentals The county is getting a million and a half dollars of revenue that's virtually free money for it because it's providing little in exchange.
There is tax leakage but it can be handled by having an agreement with Airbnb where they collect it and pay to use the LA Times article July 18, 2016 The one of the issues is homeowners associations have complained and they want you to be the enforcer for them. And you shouldn't get into that they can do that themselves. The key thing in regulation is that owners have to be responsible and react to neighbors complaints and that's quite manageable. Regulation is appropriate to keep this excellent use in place. Thank you.
We're going to go to two-minute speakers. We're going to start in Santa Maria, if we could switch up to Santa Maria for Frances Romero and Deborah Schoebel.
Am I on? You're on. Can you hear me? Okay, well thank you and good morning. Thank you all for your service. Over the last eight years we have seen the Special Events Ordinance, the Winery Ordinance and now the STR Ordinance. All the ordinances are a result of a few complaints never based on statistics. I would ask that the Board of Supervisors consider a fiscal analysis component with each and every ordinance that you review as well as projects.
No one can deny that the decisions you make impact the fiscal health of our county. Before you walk away from 1.6 million in TOT, consider this. This amount of money is just over 50% of the annual general fund operating budget for the city of Guadalupe. That's a community of 7200 people. They could operate for six months on that kind of money. Also, TOT is just a small portion of the discussion. The dollars you will lose and stand to lose in sales tax and the jobs are incredible.
STRs are in existing use so that would likely not be subject to CEQA. And the Ag Preserve Advisory Committee has failed to acknowledge the two acre personal use envelope that you are entitled to use your property for even if you are in Williamson Act. Thank you.
Debra Chauvel from Santa Maria then back to Senator Barbara for Nina Quiroz.
You're on. Thank you. Distinguished Board of Supervisors, my name is Deborah Schoebel and I've been a resident of Santa Barbara County for 35 years and I appreciate this opportunity to address this issue. Home is thought by most of us as a refuge place of safety escape and rest and in most communities that concept has been protected somewhat by the practice of zoning regulations Short term rentals fail to even meet our county's current requirements for permitted home businesses in residential areas. And that's my primary concern is areas that are strictly zoned as residential.
It's been proposed that STRs could offer a new income stream for our county. However, the cost of locating monitoring billing and possibly inspecting such businesses will not be covered by the New Bedroom Act. Additionally out in the county our sheriff's resources are already tested especially on weekends and after hours and I'm not convinced they'll be able to address the multiple nuisance complaints generated by these businesses I do know that short-term rentals in your constituents' residential neighborhoods will, in many cases have resulted in increased vehicular traffic noise and road wear. Decreased neighborhood parking and please note that paving your yard to allow for off-road parking does not prevent adverse effects on the residential neighborhood.
There's increased pedestrian traffic Noise and trash, including cigarette butts and pet waste in neighboring properties. There's increased frequency of non-resident parties causing additional noise without regard to other homeowners. Neighborhood dogs bark in excessively at all hours due to unusual noises people in vehicles next to their house or fences. Additionally the unexpected arrival of guests at your door at all hours due to confusion regarding The correct short-term rental property. Additionally guests may not speak the same language as the resident causing anxiety and other issues.
Thank you.
Is that time? Nina Quiroz to
be followed by Michelle Geisen.
1:29 – 1:358 turns
My name is Nina Quiroz. I'm here to support my friends in the county. I live on the Mesa. I was an Airbnb host for 18 months and I had zero negative experiences. By far, the vast majority of my guests were millennials. I want to give you two pieces of demographic information. By far, the millennials But millennials have surpassed the baby boomers in numbers and they bring a lot of business because they're far more into experiences than stuff.
And also I am the largest growing demographic of Airbnb hosts, I'm a 64 year old little old lady Little old ladies have been renting rooms to travelers since antiquity. There's nothing new going on here, what is new is that we have the Airbnb marketplaces which make it safe for me to rent to travelers. Since I've been forced to shut my business down I've had to go to Craigslist to look for roommates. I've been married, divorced, widowed and between all of those since owning my house in 1984, I've had more roommates than Heinz has pickles and I'm here to tell you that they're a liability and a hassle. And with these travelers there is no hassle. I have zero complaints let alone even a negative experience.
Few people realize how thorough the vetting process is on Airbnb for your guests. If I go to Craigslist to look for a roommate, I'm dealing with people who may be representing, misrepresenting themselves and they hand me a check that's no good for a rent! And they move all their stuff in and it's very hard to get them out. So if you ban short-term rentals, you're going to be forfeiting all the business you'll be getting from this whopping class of millennials and you'll be sentencing little old ladies like me to a life full of roommates. And I'd rather save roommates for when I'm ready for assisted living. Good
morning Supervisors. Thanks for hearing all of us.
I just want to say that I own a house in San Ynez Valley, and in order to keep it and afford it, I do rent to large groups. Eight to ten people every weekend. I'm there. Come and stay at my house on seven acres. I am on Ag 1. Families, family reunions, birthdays. I have 11-page lease. And on one of those pages I say if there's any noise or I have to intervene, $1,000 will be taken out of your security deposit.
So the vetting is already done for you very much in Airbnb and you can vet them. The guests but I have to say of all white carpets brand new. Not one stain not one spot everyone takes such good care and they're so happy to be there. Families finally get together I have people flying in from Texas last weekend too for a wedding I never allow any parties or events at my house ever. My neighbors are far away it's I'm on AG 1 which I know you were thinking about prohibiting but just I have no neighbors and they get to enjoy the beauty of the land spend time together wake up together make pancakes together Go to events and spend money in the valley. It's a family event, truly.
And so it's a completely different niche field that a hotel cannot fulfill. Hotels are great for one or two people but when you have a group of people flying in from the country to join a family reunion or a wedding and all stay together, it's completely different need and a completely different experience. And I have all five-star reviews, and people just have magic happens there because they finally get to be together. They haven't seen their friends in years. They fly in. They meet each other. They drive up from LA. They have these wonderful memories under one roof.
And they leave the house spotless. There's no noise, no complaints. I've been doing it for two years, and it's just helped me afford the house that my parents built so I can stay there. It's just made a world of difference for me, and I think they appreciate it. The Valley appreciates it.
Thank you, that's your
time. It is generating revenue so thank you for considering it.
Evelyn Jacob to be followed by Brad Bennett.
Madam Chair and Board of Supervisors thank you for your time. I've been a resident of Santa Barbara for nearly 40 years. I've owned restaurants and retail businesses here in town, but now I see along with everyone else that retail and the business environment is suffering. Last time I walked down State Street, I noticed 40 empty vacancies right on State Street.
In this climate, the financial stability of our community should be forefront in our eyes. There will always be pros and cons about the short-term rental industry from the point of view of neighbors and property owners. Some like it some don't We personally have a homestay rental. If we weren't allowed to do this, we wouldn't use it as a full-time rental. We would leave it just for friends and family.
I think the big picture is that the income from property regulated STRs has the potential to be significant for our county. It represents millions of dollars that can be used for the good of our county in so many ways. As our county supervisors, I entrust you to keep your fiduciary responsibility in mind to protect the financial well-being of our county and not block this income stream.
STRs and homestays can be regulated to maximize the tax they bring in with far less required monitoring than an outright ban would necessitate. Thank you for your time.
Brad Bennett followed by Todd Shays
1:35 – 1:415 turns
Good morning. My name is Brad Bennett, I'm a 47-year resident of Santa Barbara and I'm about to have my first and hopefully last wife this year. And I will say incidentally we are excited to be actually renting one of the properties of a former speaker who has a large property where we're going to bring in our family and guests to stay and enjoy a great time. I hope that doesn't get taken away from us.
First I would say that I think it's convenient to try to classify a vacation rental or short-term rental as a hotel. I think this is a tool that's just being used to apply certain zoning rules that don't necessarily apply to the idea of a short term rental. There's a tradition, and I think you've heard several people speak to that here of being able to share your home or have people come and visit and stay. So let's not muddy the waters by trying to define a short-term rental specifically as a hotel.
In Santa Barbara it's common for people to—and you've heard several other people speak to the idea of renting out their home whether long term or short term to help meet their mortgage. It's expensive housing market here. And whether you do that one way or the other is, certainly it would be nice to be up to the owners of the home. But let's also not have any rumors of well if you can't afford to meet your mortgage then you shouldn't own a home. I think that's been proven here in Santa Barbara to not even be relevant given the cost of mortgages here.
But prohibiting short term rentals is not answer to solving the overall housing issue. If you look at, and first of all I wanted to say also I'm very moved by the number of people that got up and spoke earlier that aren't short-term rental owners. They just happen to be business people here that are worried about their jobs in the catering industry or their businesses that might be affected by reducing the tourism economy. And I think it says a lot that they got out here and spoke today without being someone who is just personally motivated. Is it time? All right.
Please consider fair regulation. Thank you.
Todd Shays will be followed by Marcia Nelson.
Thank you for the opportunity to share my views with you today. My family was a frequent STR renter in the Santee and Ezz Valley for years, and we now own a home on a five-acre Ag One lot in the Santee and Ezz Valley because we'd like to end up here when we can escape the rat race of Los Angeles. I support appropriate regulations of STRs and passionately oppose an outright ban. While my views on STRs extend to all zones, I will focus on that which affects my family most, and that is five-acre Ag One lots.
In all the materials made available, I haven't found a single argument against STRs in ag lots of any size other than the Coastal Commission, which the county staff disagrees with that interpretation in any case. So I wonder why the ordinance as drafted would exclude five-acre Agawam lots from being legal, unless the goal is just to broadly diminish STRs in general given that 73% of agriculture STRs are on Agawam lots.
Parking noise and trash can all be addressed through appropriate regulations but in any case none of those are real issues in the country. As to whether banning STRs on AG-1 five lots would affect the long term housing at all, the staff report states that it's unclear what the effects of prohibition of SPCRs would be to the housing market. The report properly acknowledges that we cannot predict the owner's behavior but my educated guess is that owners on ag lots of any size would be among the least likely to sell or rent long term as many use their property for large chunks of the years as we do when we come up here every several weeks to enjoy our own home.
There would be significant economic damage from a ban including lost wages, lost jobs, economic loss to restaurants, shops, lost tax revenue. As relates to the tourism tax, the numbers shared by the county that have been around of about $1.5 million loss, that's based on the 10% rate that used to exist. The real number based on that is closer to 1.85 million and that's based on the 2015-16 fiscal year.
Lastly, a ban of STR sends a significant message to tourists that they are not welcome here.
Thank you. Marsha Nilsen to be followed by David Leon.
Yes good morning I sent in a letter earlier and I thank Supervisor Wolf and Supervisor Williams for your personal response it was really awesome thank you I we live in Santa Ana's Valley and we're on a 10 acre property. And I support fair regulation versus a complete ban. We live right on our property this is a complete experience for people most of the people that come to our place are coming from the city life and they don't even know what the stars look like And coming on our property, we fit the homestay as well as the farmstay. We fit that and so we give them this experience. They love to come out the door and see horses right over their fence.
I'm doing my 19th year of summer camps for kids this summer And when I first started my summer camps, there were 15 summer camps in Santa Barbara and multiple in San Ynez Valley. There's none in Santa Barbara now. There's only two of us in San Ynez Valley. There are very few people who can afford to own the horses and to do that hay was $5 a bale. When I started it's $25 a bail now but people can't afford to pay more so I've taken that up. So this helps us make it happen, but one thing that hit me is that the 1.5 million in money that's coming in and the gentleman earlier said that possibly At least 50% that is not, yeah I have a certificate. We bought our property that it was represented at we could have it. We registered our vacation rental homestay.
We have turned in our money faithfully for the last six years that we've done this and we've never missed but if 50%, you're seeing all of us with certificates here. The other people who have not are the ones that you need to get Good morning
1:42 – 1:487 turns
Chair Hartman
and members of the board. I respectfully suggest that there is no compelling reason to change the current regulation or their interpretation, there's no evidence that prohibiting short term rentals would achieve any positive result. As the California Coastal Commission who is in favor of this status quo states, short-term rentals including those in residential zones can provide an important source of visitor accommodations in the coastal zone.
There's no evidence to support the claim that in areas where SDRs have been banned at the rate of police calls for crime or noise In contrast, if you have many unoccupied second homes all desirable activity will decrease making it unattractive for the remaining full-time residents or be replaced by undesirable activity as unoccupied homes are the perfect target for crime.
Please consider it this way. If we were to host an exchange student for two weeks through a language school We would give them a room, breakfast, dinner, introduce them to the beauty of Santa Barbara and U.S. culture and language. We would receive a stipend for doing so. And we would enjoy cultural exchange. I've never heard of the Santa Barbara County residents or anybody else oppose this sort of a short-term rental, yet it is exactly the same type of service that through an organization like Airbnb you do as a cultural exchange.
Please consider if you want to implement regulations or change the status quo, what exactly the implications of this would be. Here's a further example. When I leave my home for a period of two weeks and I have somebody come stay in my home to take care of the house or take care In this kind of a short-term situation, I don't think anybody would say well you should keep your house vacant rather than have somebody come and stay for a short period.
Anyway, I support regulation. Thank you.
Joseph Bounds to be followed by Denise Salmi.
Good morning. My name is Joseph Bounds. I'm the property services manager for Paradise Retreat's world class vacation rentals. We recently discovered an effective system that prevents neighbors from having to report noise issues. The system is called NoiseAware as you can see on the slide. How does NoiseAware protect against noise complaints? It's like a smoke detector for noise. The NoiseAware sensor is mounted outdoors and takes continuous decibel measurements.
When the settings for allowable noise are exceeded, a noise alert text message is sent to our on-duty property services manager 24 hours a day seven days a week. Here's an example of the automatic text message if we could see slide 2. So we receive a message of this nature, we select the link there and it takes us automatically to the app where we can review the noise activity. If we go to slide 3 This is an example of the noise graph. So the line there is our allotted decibel level and any time it's increased we receive that message.
We can immediately reach out to the guest before any noise complaint or noise issues are affecting the neighbor, or you know we can take care of these issues and be very proactive with this and respect our neighbors quiet right to quiet enjoyment of their homes. This notification allows us to be able to keep the peace with the neighbors. These are our neighbors too in this community and we respect their opinion.
In conclusion, our experience is that over 99% of short-term rental nights booked do not result in noise violations however when noise issues happen that affect our neighbors it is a serious issue to us. Noise aware monitoring could be part of the requirements for fair regulation and would help dramatically with minimizing any neighborhood nuisance issues. In addition to that, I live here with my wife and my three beautiful children.
And this industry is what affords us the opportunity to enjoy this beautiful area, the wonderful schools that we have. Please vote in fair regulations so we can preserve that. Thank you.
Denise Solney followed by Blair Whitney.
Hi, Supervisors. Thank you so much for the opportunity to speak to you. I have a homestay with my husband and I really want to share with you a little bit about who my guests are because they're your neighbors. They are Santa Barbarans. I have a large number of returning guests who come to my home and stay with me for respite care. They live in the community, they take care of elder parents.
They get weary. Other family members will come in and take over for a weekend or short period of time to help them out. They don't want to stay in a hotel. They want to stay near They're parents, and they come to my home. They stay. It's a quiet neighborhood. They know they'll get to rest. They know that they'll get respite care. And they are your neighbors. They are part of our community.
My guests are also family members of my neighbors. I have a large number of repeat guests whose family members live in my neighborhood. And they love being able to stay at my home and just walk down the street and visit their family members. They can afford to stay in my accommodations, and they can visit their families. A number of my guests are brand-new community members.
They come to Santa Barbara, they want to stay for a short period of time. They're looking to purchase a home. They're brand new to the community. I have new doctors who are moving into the neighborhood and into our community and they just need a place to stay for a couple of weeks before they rent or purchase And there are also members of our community in my home who have insurance issues. They had some kind of water damage or something at their house, or they're remodeling and they come and they use my property to stay while their home is being repaired.
Thanks very, very much.
Blair Whitney be followed by Mike Adrianson.
1:49 – 1:559 turns
Hello, I'm here to speak in favor of short-term rentals to Santa Barbara County. I completely approve of your Planning Commission staff recommendation to allow STR vacation stays and area zone for commercial mixed use and Ag 2. I also agree with these larger Ag 1 zoned areas they seem to be in the same category I currently rent out a home for short-term vacation stays in Sandbar County commercial mixed use zone area.
The zone area includes nearby bed and breakfast businesses as well as local restaurants and shops, the people who visit My short-term vacation rental is not just about the TOT tax which I pay. I think it's a much larger income to you and for your county tax dollars, is these tourism dollars that are going into these restaurants and other businesses. I use a professional Vacation Rental Property Management Service which does an excellent job screening the visitors I pay the DOT taxes. They do a great job managing the property, I've had no complaints from my neighbors.
I think this provides an excellent experience for tourists and visitors to San Barbara County. I don't believe there's any incompatibility with allowing short-term visitors to enjoy Santa Barbara County tourism activities, bring their tourist dollars to our local economy, and stay in these areas zoned for commercial mixed use. And also I'm in favor of you looking at other zoning areas as well.
This actually seems to be ideal for all parties involved and helpful for your income at the San Barbara County, which I understand you could use the extra millions of dollars that this business would bring in. So- That is your time, thank you. I have more to say but I'm out of time already, thank you.
Mike Adrianson will be followed by Thomas Condon
We need you to speak into the mic so we can hear what you're saying over
there. The point being that if you live next to a short-term rental as I did for several years, this is your daily activity. This is what you're used to. I live on an AG1 parcel, so I'm here to speak in support of what the Planning Commission recommends Because not all AG-1 parcels contain horses and cows and pigs and chickens. Some of them contain residents.
And I'm also happy to see all the green signs because we all support fair regulation, and I think that those signs mean exactly what we're asking for. Those regulations were hammered out by Hours and hours and hours through the Planning Commission, we all spoke there. We all spent our time going down to give our opinions and I think that exact regulations that they recommended would go far towards providing for the residents of the county.
Again, to those people who talk about their ability to make their payments etc. I feel for them. I was a blue collar worker my entire life. I began saving for my retirement when I was 20 years old. I've been able to retire without having to rent out a room in my house. Hopefully some of you will be able to continue to live in your homes without having to give them up if this ordinance takes away your ability to do a short term rental.
Those of you who have family who've come to stay with you, that won't affect it. Those who have friends that come to stay with you, it won't affect it. Those of you who charge money for people to stay in your home, you're an innkeeper. An innkeeper is not allowed in a residential area. So I thank you very much for your time and I hope the demonstration gives you an idea what we're up against every day all day in short-term rental environment.
Thank You
I just want to say we have decorum in this. We do not scoff, laugh at people. You know we hear people we disagree with every day and we respect them that's how we do it here and you know that's how we should do it.
Thank you. Our next speaker is Thomas Condon followed by Betsy Kehoe.
Good morning, Tom Condon. I've lived in the Moore Mesa Shore community. It's a residential zone in Santa Barbara County for 10 years. Ten years ago when I moved in there were no short-term rentals in our residential zone. Today there are eight. It is about a little over 8% of our community. Most recently, within the last year an out-of-state owner who operates a short term rental rents out their home bought a second home in our community which tells me a couple things. One that's the direction things are going and also there's a lot of money involved for people who can rent out their homes in residential areas.
Decades ago I don't know how many decades Residential zones were separated from industrial zones. Residential zones were created for a reason. Residential zones were separated from commercial zone. We can all speculate as to why that was, but part of it is the answer is right in the back of this room. When I was listening to the previous testimony, I counted 17 times the word industry was used. 15 times at least the word business was used.
Income and tax 13 times. Economy nine times. These terms do not belong in residential zones. Industry does not belong in residential zones. An economy and tax collection of businesses does not belong in residential zones. So I urge you to adopt the staff's recommendation to prohibit STRs in residential zone, thank you.
Betsy Kehoe to be followed by Theo Cracke.
1:55 – 2:0210 turns
Back at them.
He'll hand those out but get started please. Thank you I'm an owner of an STR in the R4 hotel zone in Santa Barbara that has been shut down along with the rest of them and mine was a hotel commercial zone nevertheless we've been shut down before you consider your vote on this ever more vital means of income and avenue for tourist dollars for your county. I'd like to arm you with some of the facts so that you can make informed decisions The city chose to ignore the findings, well what I'm handing you right now is I am supplying you with reprints from Santa Barbara's own visit Santa Barbara 2016-2017 marketing website.
The city chose to ignore the findings from its own very expensive investment in this plan to the State Street Merchants Peril. The very first page you have I've highlighted where it suggests that the visitors that come to our city want to immerse themselves in the culture. It states that the shared economy is here to stay and that millennials in particular but by no means exclusively are relying more and more on homestays.
In this marketing plan that Santa Barbara paid a pretty penny for it says according to the website that you are holding those staying in hotels stayed an average of only 2.2 days in market while visitors staying in private homes and in homestays stayed four plus days or more. That's more than double the time in market. That means that they were out on State Street or out and around shopping in market in the county, in Los Olivos wherever they stayed they were spending tourist dollars twice as long as they would if they were staying at a hotel. That certainly would have been a boon to our State Street merchants and the economy at large.
I like to think that if we were allowed to operate right now we might have been able to help. That is your
time sorry.
Thank you.
Theo Cracke, be followed by Katarina Murdock.
Hello Supervisors thanks for the opportunity to speak here my name is Theo Cracke I'm a 36 year resident of Santa Barbara County. I also represent the views of 1003 supporters of Save The Rentals Santa Barbara and I respectfully request the time to make the brief points that I need to make even if it goes 30 seconds over my allotment. I want to take a quick sec to correct the previous speaker in Moore Mesa Shores. I know the owner of that property, the guy who bought the second home and he bought it expressly for use to put his elderly mother in to live in year-round full time so we didn't buy that as a short term rental.
I'm also the founder of Paradise Retreats World Class Vacation Rentals. We are the largest local vacation rental management company in the county. We manage over 100 properties in the county and the city. Over 50 jobs have been created by our business model. And in the last 16 months, we have collected and remitted over $460,000 in transient occupancy tax. Paradise Retreats is the leader in best practices in the industry. Our highest priority is to protect neighbors' right to the quiet enjoyment of their homes. We regulate our homes by assigning the max number of overnight guests, the max number of people ever allowed on the property at any time, the maximum number of cars and no street parking. We have no parties or hosted events allowed.
We have a 9 o'clock p.m. quiet time posted We use the noise aware outdoor noise monitoring that Joe told you about and we require video surveillance on all of our properties so we can remotely monitor parking and use of the driveways. Because of our compliance and best practices not one of our properties has ever had a complaint registered with the county, and furthermore after understanding the self-regulated and professional way that Paradise Retreats does business, the hotel industry is now in support of short term rentals and wrote a letter to this board to that effect.
Prohibition will not increase significantly the housing supply, nor will rental rates drop because of prohibition. One of our property owners in the city after prohibition added their short-term rental to long-term housing stock. They just kept using it and they went to 30 night rentals. And it's proof is in the pudding because after five months of no short term rentals in the city then there are housing prices have only risen by three percent.
That is your time I know but I'm really
sorry we have to be fair and that's your time. Thank you.
Our next speaker is Katrina Murdoch followed by Kathleen Weinheimer.
Good morning and thank you for your time. I was a neighbor of a short term rental property for 13 years without knowing it. There was no impact on the neighborhood, the people did not increase the traffic they just replaced The guests that would normally be living in the house, now I'm a host. I'm superhost. I love it. It's fabulous. We do it out of financial necessity so we can keep our home because this is our family home. We raise six children. They're all married and they come back with their grandchildren. We don't want to live in a condo. We want to preserve our family.
Whatever issues, a few far and far between issues some people may have had with short-term rentals in the neighborhood can easily be solved with fair regulations. And I hope those people that are proponents of an outright ban would realize that they will benefit from fair regulation. We understand that there have been some rare issues with noise. The technology is there to solve that. The vetting process and the review process on Airbnb guarantee look at these people, they are self-regulating and we are willing to comply with proper regulations so there's absolutely no reason why a ban would solve any of the issues that we have faced I'm sorry but basically I want to say you know fair regulation please do not ban it is and it is hitting a fly with a sledgehammer.
Thank you.
Kathleen Weinbrenner be followed by Sybil Rosen
2:02 – 2:075 turns
Good morning, Madam Chair and members of the board. My name is Kathleen Weinheimer. I'm here today representing Deborah Hurst who has the unfortunate situation of living next to a very loud short-term rental in Montecito. I've submitted several letters outlining the reasons why we're requesting a complete ban on short term rentals and ask that you take those submittals under consideration in making your decision today.
I would note particularly the points that I raised about requiring the requirement for consistency with the adopted and approved Montecito Community Plan, especially as it relates to the Coastal Commission's assertions that short-term rentals are required to assure low cost visitor serving opportunities. The Coastal Commission certified the Montecito Community Plan in the Montecito Development Code apparently finding no need for additional visitor serving accommodations. We urge you to uphold that conclusion in adopting the requested ban Which is the only conclusion consistent with the approved community plan.
Finally, I would note that if the board takes any action other than the adoption of the short-term rental ban put forward by your staff additional environmental review must occur. The notice of exemption made on the proposed ordinances cannot be applied to an ordinance permitting home stays or STRs. At a minimum an environmental analysis of the potential widespread significant impacts of such use on parking, noise public services traffic must be conducted before such an ordinance can move forward.
In closing we urge you to adopt the short-term ban supported by both county and the Montecito Planning Commission thank you.
Sybil Rosen to be followed by Judy Blankenship
Well we've heard it all. I've been doing this for four or five years, I think and I thank you for all of the homework you've been doing and hearing from all sides on this. It started out with my problem next door. I now have three on my street but it's not about me. It's about the future of our community Leaders with integrity and communities much like ours have stopped the onslaught of tourist housing. Our own City of Santa Barbara Council voted unanimously to ban whole house and homestays, knowing of the enforcement nightmare to do otherwise. They are slowly turning the city back to the residents. Solvang and Buellton also sent a message. We need the county to protect us in the same way.
We lost a great man of character and integrity in April. Michael Tobes wrote the board last December stating his belief is that housing is for people that work and contribute to the fabric of our community. He once said, I have always tried to do my best even when no one is watching. Well we're watching. He lived by a code of ethics that we should choose to embrace.
Someone mentioned Santa Monica and homestays They're struggling with that. They have been quoted as saying that the people are just not following the regulations and they are sorry that they ever even allowed homestays in Santa Monica. The five of you have an opportunity to stand up with integrity and character. Respect zoning, your streets filled with tourist housing or a thriving community filled with people that continue to preserve this very special county. Regulations do not work just a giant loophole for those waiting to break the law. Why would property managers be involved in homestays if the owner is there?
What will you be most proud of and remembered for? Thank you.
Judy Blankenship be followed by Leigh Ann Schlinger.
I'm a longtime resident of Santa Barbara area and I would like to agree with everything Sybil just said in the previous speaker who spoke to the R1 zoning. When we purchase a home in an R1 zone, we expect to have a neighbor not a vacationer next door and I think that kind of turnover does not lead to good neighborhoods and I also I'm not quite sure how I feel about this. I think that the ADU issue that's going to be coming online could add to this problem, I'm not seeing what kind of oversight there will be if somebody can build an accessory dwelling unit on any piece of property in Santa Barbara. Now, I know that the idea is to encourage family members or a rental and affordable rental but I'm not sure what kind of oversight there will be that's not going to even add to Vacation rentals.
What kind of control will there be that somebody can't rent it? I know they say they can't, it's a 30-day minimum but can somebody rent it for a week or two weeks to vacationers leave it empty for two weeks and then the next 30 day period rent it again I just, I think that R1 zoning is that it's family. It's residential. I think that we need to maybe separate homestay which means that I have a neighbor who maybe brings in somebody into a spare bedroom but they're not vacation or turning over every week so thank you.
2:07 – 2:1610 turns
Lee Anglinger followed by Corey Heyman
Hello my name is Leigh Ann Schlinger and I'd like to thank the board for listening to me yet again express my thoughts on this very complex and emotional issue that all of us in this room are here representing. And would hope to find a reasonable and responsible compromise at today's hearing. I believe that the most appropriate and desirable location for short-term rentals is on agriculture parcels, all agricultural land whether it be five or 500 acres.
I don't think you can compare agricultural properties to residential with conscientious oversight and management short-term rentals on these agricultural properties do not harm the fabric of our community. Plain and simple they are much larger in size and have much larger setbacks from neighbors Santa Barbara County has a fiduciary responsibility to the community and the transient occupancy tax generated from short-term rentals, especially on agricultural properties which rent for a premium help contribute significantly towards the budget crisis. Short term rentals on agriculture properties provide supplemental income to landowners which in turn helps keep agriculture alive in our community. These are not your typical crash pad style rentals.
Short term rentals on agricultural land are intended to offer a farm or ranch day experience connecting people with nature, agriculture operations all while maintaining wide open space in our community and keeping them available and vacant for the personal use of land orders the majority of the year which is 70% they're open 70% vacancy to be exact as far as our data has shown.
Even if the board determines that STRs are not suitable for residential areas, at a minimum short-term rentals should be allowed under fair and reasonable regulation on any and all agricultural zoned properties. Thank you very much.
Chair Hartman and members of the Board of Supervisors. I'm a board member of the Montecito Association and chair of the Land Use Committee. We have approximately 1,000 household members in Montecito. We believe this board has a fourth option to uphold and respect the Montecito community plan in implementing ordinances as approved by the Coastal Commission decades ago which compelled the prohibition of short-term rentals in the residential zones. The Montecito ordinance is made clear that transient commercial activities involving any overnight tourist accommodations are illegal in residential zones.
We believe that the board need only interpret existing ordinances By clarifying that short term rentals are illegal in these zones. From a public and economic policy standpoint there is no question that short-term rentals have significant negative impacts. Montecito Union School the crown jewel of the community is comprised of approximately 50% long-term renters.
If this board allows the proliferation of short term rentals to continue, the available housing stock will continue to decline for these long-term renters thereby causing a further decrease in student population. Property values are at risk of declining and the existence of residential living will be overtaken by transient occupants with no investment in our community thereby disrupting the fabric of Montecito.
The residents of Montecito have invested a quarter of a century in the implementation of the Montecito community plan including the growth management ordinance whose purpose is to maintain and preserve the residential low intensity semi-rural character of Montecito. If this board allows short term rentals to penetrate further into the core of the Montecito community plan by destroying existing residential laws, the impact on the quality of life in Montecito will permanently be damaged. And I fear that the Montecito community will lose faith in this boards ability to execute its critical function to protect its citizens by upholding the Montecito community plan and ordinances.
The Montecito Planning Commission voted unanimously to ban short term rentals in residential zones.
And that's your time.
Thank you.
Samantha Ireland to be followed by Jean Hollingsworth.
Thank you chair and supervisors my name is Samantha Ireland and I am the owner and operator of Vacation Rentals at Santa Barbara And I represent about 40 homeowners in our community. I'm here to address the theory, and it's a theory not fact that STRs take away from our long-term housing stock. And the way that I can bring you facts is that when the City of Santa Barbara chose to ban short term rentals not one of my 40 owners I want to make it very clear that if you choose to sell their property or rent it long term because it's their second home. It is their vacation home and it is ultimately their retirement home. The same thing will happen if you choose to ban short-term rentals in the county with my owners. It is not going to provide housing stock, long-term housing stock.
My owners will keep it and they will just But you will be removing 1.6 million dollars in TOT tax and one of the supervisors and I don't remember who it was said back in December that if they choose, if you all chose to ban short term rentals they would like to do it alongside the budget meeting so that you all could decide which services you were going to cut with that $1.6 million you were removing from the budget. So please think about that.
Secondly, also consider the areas. I manage many on Miramar Beach. Miramar Beach has a historical precedence of short-term rentals decades and decades. It is right next to two hotels. It is exactly the type of area that is suitable for short-term rentals and has been for a very long time so please consider those two things. Thank you so much. I really appreciate you listening to us
Jean Hollingsworth be followed by Lisa Tracy.
Hi I'm Jeannie Hollingsworth from Los Livos. I want to thank you for your participation in this issue that's really complicated, really deep and far-reaching in the future and thank you so much Doss Williams and Joan Hartman for your personal reply to my emails I really enjoyed that presentation about the facts and figures of how many residential STRs there are. I'm surprised it was 72%.
From some of the comments, I think that more information is needed on your studies on nuisance, what is the nuisance? And if there's any effect on affordable housing. There's a lot of different comments on that. But you can see the community's pretty in favor of these STRs. And I don't think that your objection can be that you don't know how to regulate it or how much that would cost, so that's another thing that has to be looked at.
And I ask you to do that and something else. How much do you know about Airbnb? You know, that was three guys in a garage in a house that didn't have enough money so they started renting out rooms in their own house and they created a billionaire business. It's almost a Facebook story. They're global and they're really good when they were trying to figure out how to make a really high-end business in this and not have big Craigslist. They asked Thank you for having me.
And I think the most important thing is their objection. Their objection was investors coming in and buying 100 houses, an apartment building, and renting that out. That's what you have to prevent. There has got to be something that says one house, one STR. There is a lot to consider for now and in the future and I wish you good luck and thank you so much for your efforts.
Lisa Tracy. Followed by Ashley Hartford.
2:16 – 2:2110 turns
Hi my name is Lisa and I have worked with Santa Ynez Vacation Rentals for many, many years. I am in full support of STRs and fair regulation and I could stand up here and talk about a million things but I don't want to repeat what's already been said so I really just want to touch on one thing. And while once again I am in full support of fair regulation if you do choose to do a ban, I ask that you really consider the time period of that transition. I think I've heard in the past you guys mentioned about a nine month time period but We already have contracts out over a year in advance with many, many guests that have been staying with us for a long time.
So if you do consider a ban would you just consider the time period of that transition process? And that's really it unless you guys have any questions for our company regarding running STRs on AG1 or AG2 lots. That's time thank you.
Ashley Hartford Be followed by Angela Slater.
My name is Ashley, and I am the Hospitality Coordinator for Santa Ynez Vacation Rentals. I am the first person a guest is in contact with when requesting a reservation through our company. Our standard procedure is then to vet the guests in a way that helps us get to know them. I find out how many guests there are going to be, number of children, are there going to be any pets? Why are they visiting? What are their plans during their stay?
I am in touch with the guests many times before allowing a booking where they then have to sign our rental contract. When managed properly and occupancy limits are enforced, such as two people per bedroom, a maximum number of vehicles at the property. And a limited two to four daily visitors. Any nuisances and complaints are mitigated from the very beginning.
Please regulate and allow me to continue doing my job.
Angela Slater will be followed by Kelly Gray.
Thank you very much for your time and also for Joan Williams, Joanne Dossman for responding to my email earlier this week. It is a mistake to outright ban all STRs across the board for all properties in Santa Barbara County Comments of negative impacts made by a small group of mainly residential citizens from Montecito and some from other more densely populated residential areas due to unregulated STRs, and without thorough strict enforceable rental contracts. And mainly from unconscious property management.
Responsible management rules and regulations of STRs, particularly on larger 5-, 10-plus ag properties can be set up to mitigate the common nuisance problems. Complaints such as noise, number of guests and number of cars et cetera. Stringent rules and contracts supporting them accompanied with a large deposit and any violation of the common typical nuisances can be implemented. I have had almost ten years of STRs on my 10 acre horse farm. I prefer to use standing as vacationers because they can manage my complaints, as mentioned with a local manager and I've had not one complaint ever.
However, on contrary, my neighbour has a long-term rental The noise from six barking dogs, floodlights until midnight and the unsightly unmaintained managed condition of the property is beyond any occasional common nuisances complaints from a negative SDR situation. I choose not to rent my unit as a long-term basis as it is not conducive because I also use my unit for family, friends and occasionally provide temporary housing needs for out of town professionals, horse trainers and students.
All my guests seek a ranch style environment. They would not choose to stay in the hotel. I am also a 63-year-old retired single landowner.
And that is your
time. Thank you for your time.
Kelly Gray followed by Ronnie Dale Oaks.
Supervisor Hartman, supervisors? I too am 63 years old. And I, in 1994, purchased my home in Los Olivos on a dead-end street with seven other homes. The street is in an area zoned residential. Now the home directly across the street from me is operating as a VRBO. It is not unusual on holiday weekends for there to be as many as five SUVs parked at that home.
Having been a friend of the prior owner, I know for a fact that there are only three bedrooms in the rented portion of that instead of protecting my right to live in a residential community, the county Is allowing this commercial practice proliferate. I get it that the county needs resources and the transitory occupancy taxes are generating income for the county, but that does not change zoning.
A commercial use of property violates the literal meaning of residential. I resent the county's delay in enforcing zoning laws. I bought a home in a residential community so that I could know my neighbor. As a 63-year old woman who lives alone, I should be entitled to continue to enjoy the peace of mind that comes with that knowledge. Before you vote, consider how you would feel if you were in my shoes.
Rodney Dale Utt to be followed by Ken Switzer who is our final speaker.
2:21 – 2:3011 turns
Good morning and thanks for being here and thanks for addressing this and thank you for your staff getting back to me via email. I've lived in Santa Barbara for 49 years, I've lived in San Roque in the same house for 32 years. I'm retired now and trying to stay in Santa Barbara With my retirement income. Just a few points I'd like to say, please vote against banning STRs in Santa Barbara County. Here's a few reasons that I jotted down. It makes staying in Santa Barbara affordable for many people visiting here that otherwise couldn't bringing needed dollars to the coffers of local businesses. You know everybody said all this stuff tax revenue for Santa Barbara is significant million point six is significant to me People in fixed incomes and people that are struggling count on the income to continue to pay their bills.
I've used a lot of STRs, and have been really impressed how they've been managed. I've only used my house three times for an STR, and I was really impressed with the guests I got and with the way it was handled with VRBO. Super professional. And no problems. And I'm very tight with my neighbors and no complaints with my neighbors. People come to Santa Barbara if they can't afford a hotel, they can afford a VRBO or an Airbnb property and they're bringing money to Santa Barbara. They're spending money. I want to see that. I want to see people spending money in Santa Barbara. And I hope you do too.
That's pretty much it. I could have done it in a minute, huh? Easy. Thanks.
Ken Switzer is our final speaker.
Your chair Hartman and supervisors. I've been a resident of Santa Barbara County for 29 years. I've owned a second home in the Sanchez Valley for 13 years, which I rent short term between my personal use. Excuse me. I'm registered and paid transient occupancy tax to support the county. My tenants signed a 12-page lease, there's local management oversight, the tenants are very respectful, they're thankful for the opportunity to stay in a residence in the beautiful San Is Valley, and they can't imagine why the county government would take away what seems to them like a harmless and wonderful travel option. The short term rentals were not to be allowed in my zone. Since I use the property myself, it would never go to a long-term rental. It would instead switch to month-long rentals.
This would take away the option of the typical vacation traveler stay at my property. No new housing unit would be created for long-term local tenant. It would take away the tax revenue from the county and would take away flexibility to use my own property when I want. Instead of being a win-win-win for everyone involved, it will go to lose-lose-lose and seemingly for no good reason. Like myself, most all owners of short-term rentals have some kind of personal use component for part of the time whether it be for themselves or for family and friends when they visit. If short-term rentals are banned near their zone, we will also just switch to the same lose, lose, lose scenario. They did not buy the property as a pure investment other than maybe a few slivers of real estate along the waterfront or right on the main street of a tourist gorge where short term rentals do not make sense as a pure investment.
I speak to that economic reality as a local real estate agent for 23 years. Short term rentals have a 50% vacancy rate, require an owner to pay all utilities including cable internet at much higher management costs and required to be furnished. For all these reasons, a ban or partial ban on short-term rentals won't do anything to return housing units to our local long-term housing supply. If the board is skeptical, then I would urge the board to authorize studies by professional economists and statisticians to confirm this information if we are making decisions of such huge impact on 30% of our tourism industry. Thank you.
Mr. Allen?
Chair Harvey, members of the board I just want to note for the record that any written testimony that was submitted during today's public speakers from the speakers today will be available for inspection in our office at the clerk of the board and posted online.
Thank you and with that we close the public hearing portion of today's discussion of short-term rentals and I thank everyone for being so supportive of all the speakers and your good humor and your civility. I would like next to turn to staff and ask you to answer any comments, any questions that have formed in your minds as you listen to the public comment.
After that we will take a 10 minute break and then we will come back and the board will ask additional questions and deliberate.
Thank you Chair Hartman. We have nothing else to present at this time. Supervisor Adam?
I just wanted to know if there's any numbers on the number of complaint calls versus the number of stays.
Chair Adam through the chair at this point in time the complaint calls are only on noise related issues given to the Sheriff's Department and the Sheriff's Department does not segregate them between a long-term tenant, short term tenant or a homeowner that lives there.
Okay so there is no numbers? All right thank
you. Okay we're going to take a short break come back at 20 till 12. Thank you. You. you
2:36 – 2:412 turns
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♪ ♪ Thank you. You. ♪ Yeah. Okay.
2:42 – 3:024 turns
We are reconvening the June 6, 2017 Board of Supervisors meeting. We're talking about short-term rentals on ordinance and we've closed public hearing. We have asked whether staff had any responses to what they heard and now we are bringing it back to the board. Supervisor Atom?
Well thank you for letting me kick off I guess because I don't have a position. I have to say first of all that this, I was just dreading this hearing. From the email traffic really kind of made me mad frankly because I was really mad at both sides because of the narcissism that came through in the emails and it wasn't here today and I really appreciate You know just a few points here, you can't solve a shortage of rentals without building more structures.
And unfortunately and I think there's many of us in this room that are going to agree that the ADU new law that has come down from Sacramento Is really I think quite over the top. I think letting every single unit if you're not aware that's got a residential zoning build another unit on the site, I think that is a bit much and I think taking it away from local jurisdictions is really over-the-top and I wish they had done that but they have so that's what that is.
So we are just going to have to commit to build more property if we want to solve that problem. The rental hood versus the neighborhood argument I really get and you know people, I hear the people who came to the podium and talked about what I would characterize nobody else said security but it is a security issue everybody wants to know who their neighbor And I think that a lot of people that don't rent their homes out have the right to, to a level of security. You know somebody told me you know what weekend is the child molester going to be next door?
Well we don't know and you know everybody that comes here let's just face it everybody that comes here is not lovely. I mean lovely is the most common word that I see in all the emails That describes everybody that comes, every family that comes. They are all families and they're all lovely. Well you know come on that's not the case there are some people who aren't lovely and there are some people who aren't families.
So you know that's not the case. So I want to try and do something, I don't know what it is but let me just tell you I have no idea what we are going to do here today and I don' t have any suggestions really. But that's a component that I really think needs to be dealt with is this security component. Another thing that I want to mention is this contrast between commercial agriculture and what I call snow globe agriculture or The things that we kind of create when we decide that we're going to preserve agriculture and we inadvertently make people do things with properties that can't really make money, but somebody with enough money can.
At my farm, we call it the difference between farming for money and farming with money. The people that farm with money have what I call snow globe agriculture and some of those people, they get there and they start losing money because it's not an economically viable entity. They decide that they need that second income from renting out You know some of the buildings on the site.
And if we really want to preserve agriculture, we really want to preserve commercial agriculture and not make it all into snow globes. The wealthy vacation homes second homes that kind of thing versus affordable housing you know I kind of went into that you know and I do get the arguments that You know it is a valid argument that if you can't afford it maybe you shouldn't be there because, you know, if you extended this to other things. If you just had to sell a little heroin to get your next house payment would that be okay? I don't think anybody would think that was fine.
So you know it can't just be any old thing. So finally I rarely agree with the Coastal Commission but maybe the status quo isn't all that bad on this one, I don't know.
Thank you Supervisor Adam and I would ask people in the public to please refrain from From any noises please while we deliberate. I want to just describe how the process, how I'd like the process to go but it's never quite clear with the board members how it will go. First of all we have a long agenda today 10 items. The next one is hoop houses. We will do that after closed session after lunch so we'll deal with this issue short-term rentals before lunch.
What I'd like to do is have each board member make their comments, overall comments. And then what I'd like to do is turn to this chart that we have up and have each board member go through and say where you stand vis-à-vis the Planning Commission recommendations. Do you support it? A short-term rental that is without restrictions or a homestay or farmstay. And we will get through and see what we look like there, then we can talk about development standards and then we can talk about enforcement strategies. And before we go further well I think what we will do is first finish statements by the board members and then we will come back and Mr. Gazzone will set the stage for us as we go further.
Supervisor Wolf?
Thank you Madam Chair and thank you for this chart and attempting to keep us moving forward. Thank you for everyone who's been here today and who has been at the last hearing. And all of the hearings prior to that and if you were at the last hearing, you probably have a good idea where I stand on this issue. There, you know in this interim period of time I have had the opportunity to do a bit more research and I thank staff for coming forward with information particularly on that on the housing element. And I'm going to make comments about that in my remarks but I just I want, really for the chair.
I'm going to start off my comments by stating that on the chart there that I am in favor of maintaining the Planning Commission's recommendations as stated and it is the County Planning Commission and Montecito Planning Commission. So that's where I am on this issue. And now let me go through and explain to the public my reasoning for this. I am in favor of a ban on STRs in residential zones and ag parcels under Ag 240.
We do have a constrained housing stock for those who live and work here. And it's not just affordable housing, but it's all levels of housing and the staff report has made numerous mentions of this and points out quite specifically about STR is taking housing stock out of the market and By doing that, could be driving up the cost of housing making it challenging for the workforce and low income residents to find housing. And for first home buyers to enter into the market.
Again staff notes that this in turn would likely drive up the cost of housing and making it challenging for work force and low income renters to find housing. While housing supply is low, the demand is greater. Triggering rents to increase making housing more difficult for our workforce to find and afford and this is not good for our community. And there was recently a housing task force that took place in the South County. And we heard from many business owners who also express their concern with a lack of housing opportunities in the South County.
I mean for years since I've been on this board and I think my colleagues, and I think one of our first speakers in Santa Maria talked about the jobs housing imbalance in the South County. Well maintaining STRs in the South County is a direct contradiction of that. There is also, I have it here. It's a, I pulled this out. This is a July 2015 report in Sonoma County somewhat similar to Santa Barbara County and they were interested in the cost benefit to their county with vacation rentals And they mentioned the benefits to vacation rentals just as many of you have talked about.
But the cost side of having vacation rentals or short-term rentals, what it says is that it shifts existing scarce local resident housing to the lodging sector. It encourages tenant evictions if a landlord concludes that they can earn more money from short-term rentals from a long-term tenant. It violates local zoning and other ordinances. It negatively affects the quality of life in residential areas due to nuisances caused by visitors.
So these are things that we've heard so this was from Sonoma, these are some of the issues that we have heard today and also Referenced in our own Santa Barbara County housing element. So I want to talk a little bit about the housing element and we just had an update in 2015 which this board adopted unanimously, and our staff that I appreciate this added the comments to your presentation it wasn't on the slides but you mentioned it in your oral presentation And this is what we approved in our housing element. It says that the South County has the strongest economy in the county, but lacks affordable housing for low and moderate income households resulting in a jobs housing imbalance and long distance commutes.
The South County has the lowest rental vacancy rate in years 1% and the rental costs are rising. A countywide survey of available rental housing indicated a lack of affordable rental housing, particularly in the South County, San Ynez Valley and Lompoc Valley. So those aren't my words, those are words that came from staff that were reviewed by this board and adopted by this board.
So because of that, it's very difficult for me to reconcile the goals and policies of our housing element with any decision that would deliberately allow for any amount of housing in our county to be removed or be at the risk of removal. So that's one issue is a housing element. The other the other issue is the respect of our existing zoning and community plans so we heard from members of the Montecito community and I appreciate their comments and let me just refer to my notes because There is specific, this was from Kathleen Weinheimer who mentioned and recommended the ban in order to be consistent with a Montecito community plan.
And I had a chance and opportunity to look at the Montecito community plan and I would have to agree that we need to maintain consistency in our zoning ordinances Within our own Goleta Valley community plan, that's the area that I represent. We spent years developing our community plan and numerous, I almost want to say hundreds but I'm sure it wasn't hundreds but sometimes it felt like that. But we spend a lot of time trying to develop and come to a balance, you might say. Of how to figure out where we want housing in our community and where we want to ensure that we have maintained our agricultural parcels which in my district are very small ag parcels.
So what the community did is they did allocate two large areas that would be, that the zoning would change to residential. So we expect at some point in the future these large parcels will be built And then we also ensured that our ag parcels, our smaller ag parcels remained in ag without any contemplation that they would be turned into short-term rentals. We wanted them to be maintained as ag and that was what the community again with all of these meetings came to that very sometimes difficult decision.
That for my PAC was a difficult time particularly in coming up with zoning opportunities for housing. And I think in my community there was a concern about density and housing but the fact of the matter is that we did based upon our requirements in the housing element, we did rezone and up zone areas for housing So I view it as a potential slap in the face to my community if we somehow allow STRs in residential zones. That was never the intent of the community plan, the intent of the community plan was to allow residents to live People who work in our community to have homes to live in, not to rent to our tourists. So that was extremely important and remains one of the values. One of my utmost values is maintaining the integrity of our community plans.
I mentioned STRs on ag land. Some folks brought up the letter that we received from APAC about compatible use on contracted Williamson Act lands and they voiced concern That because of the lucrative nature and potential economic return of STRs, that there could be an incentive for landowners to not renew their ag preserve contracts. We haven't really talked about enforcement, but we do know that there is an issue. People have been talking about the benefits to the county, the financial benefits to the county.
I asked our staff about the cost of enforcement and not able to get an answer primarily because we don't know what the status of today's efforts will be. But there will likely be some cost for enforcement in whatever we do even if we move forward with the Planning Commission's recommendations. I think it was one person who talked about the The contracts that they currently have and some extend out to one year. And I'm understanding of that issue, and I think if we, I don't know if staff had a recommendation, I seem to remember 270 days.
I am fine with that. I think whatever is fair to meet the needs of some of the property owners that may have some of those leases. I'm not sure where 270 came from. It seems to me that it might need to be a year from the date of acceptance but anyway, I think that's something that is definitely workable. I just want to say one other issue or statement, and that is the increase in STRs in the last few years.
And I've had my staff look at what has been going on not just in California but in other states But certainly, just in California I have two pages of cities and counties where they have banned STRs. There are also instances where there was A permission you might say of allowing STRs but those municipalities are now reevaluating their stance and now considering a ban because of the impact that it's housing, that its having in their neighborhoods.
So that's one reason why at this juncture my stance is, is that we follow the planning commission recommendations. We don't take any more, well it's going to still take some staff time to implement those recommendations but let's make a decision. I mean you guys have jobs, you have issues other things that you have to deal with. So, that's where I stand Madam Chair. I stand strongly with us following the recommendations of the Planning Commission.
3:02 – 3:127 turns
Okay Supervisor Williams and then Supervisor Adam and then Supervisor Lavanino.
First of all, I want to appreciate and congratulate both sides for hanging in there. It's a long hearing and I know you've gone to many hearings. And for people's passions, I've tried to reflect on this over the last two years in a way that takes very seriously the fact that to all of you this is either your homes or your livelihood or both. I've really kind of reflected about the things on both sides and there's a lot of values that are conflicting. There is the issues of nuisances, you know and I'm well aware of that. I have an STR right next to me so even though I'm not the one who calls the sheriffs unless somebody is drug dealing I tend to not call the sheriffs But you know those issues are real.
Zoning and community plans, that's a significant issue. The hard to quantify thing which is an argument on both sides of what a community or neighborhood feel is. Of course the fiscal aspect is important too especially right now. But I do want to make a point there that $1.5 million is a significant amount of money, but it is not as much money as accommodating those guests takes from us in terms of services that we have to provide law enforcement, fire, The work we're doing on the freeway. You know all those things are impacted by Our visitorship so there's a good side of tourism but there's also costs involved in tourism. And of course, the fact that most tourism is low wage economy costs us in commuting, right? We're this town right here is 90,000 people at night but it's 150,000 during the day and on weekends it's even more than that.
That is a product of commuting and tourism. And that takes money to deal with both at the city and county level. To me, the overriding consideration over all of those issues, the fiscal, the nuisance zoning community and neighborhood feel the most important issue to me is housing availability To me it is not my job to facilitate people owning second homes. In this community is not even my job necessarily or I would say it's part of my job but not in and as important of the job to help increase- the number of tourists that you can accommodate is very much. My job to make sure that people who work here might be able to afford a home here and that current residents are So for me there. I.
I think that there are nothing but tough decisions if we are to increase housing availability in this town and that banning it in cases of non-owner occupied units in residential neighborhoods, to me is one of the least radical solutions that I can think of. And for those of you who don't believe that there's a crossover in the housing industry I just don't know the reality that you're living in, that other people in this community are. Because I know many people who have been displaced by an STR.
Furthermore, even the SDR industry's own analysis says that there is a crossover with housing. Now their analysis which I consider a little bit undercounted at very least and maybe more than that indicates It's a smaller overlap than I believe it is, but even your own analysis indicates there is competition with the housing market. And it would cost us far more than $1.5 million to come up with another 144 or 170 odd units of housing.
On the other hand, I can't quantify at all the loss of housing from homestays. I'm sure there are some people that are doing homestays that would rent to a long-term renter as was indicated by the Mesa resident. She may not prefer. That would be more in our interest than what you're doing but I also really feel for people who The residents. Are doing this to supplement their mortgage- who this is a survival mechanism- and I.
And again I go back to what my core job is it is that make sure that people that are I do believe we need to take strong action. I do believe that some sort of partial ban is in order, but it is something that I could only support if we had a homestay and farmstay program because the severity of our housing crisis being what That to me is the trump card. That's the most important value at stake in all of this.
So, and why not regulation? I think that's an important thing. Part of the problem and part of the reason why it's been difficult for governments to reach accommodation with the STR industry is because Not you guys individually, but as a totality you're really difficult to make accommodation with. In cities where there have been regulations Airbnb and your other larger providers sue them anyway And when programs are held up as a standard like Goleta, like that's a model ordinance.
It's totally flawed right? In Goleta that's being brought up by the SGR industry as a model well only nine people have registered in that program it means most people are still just Purposefully operating outside the law in Goleta, even though the Goleta City Council kind of decided to let you off the hook. We don't have a whole lot of options that have been shown to work, which is why this is difficult to accomplish. And I think part of it is kind of like the ideology of the industry. There's this kind of idea that if we all just share stuff that everything will turn out great, Uber, Airbnb.
There's a part of that sharing economy that's real and that's interesting, and that's cool. But there's a part of it that's just a way to cut costs and see if you can provide things for people while paying less money. And that's not always in the public interest particularly when wages are at stake or housing available. So I hope we can do something today because I do think it's important for us to take action.
However the Planning Commission recommendation to me was too far and I hope we can land somewhere in the middle.
Supervisor Lavanino.
Supervisor Adam.
Okay,
great.
So I first off I just wanted to start with a question from staff because I saw where supervisor Williams was kind of talking about home stays how would you And I know when we get into enforcement, it makes it very difficult. But I find it very difficult to tell somebody you can't have an STR but you can have a homestay because I just can't get my mind around how you would be able to enforce. You go knock on the guy's door and he's like, the guy is not here. The owner is not here or I just don't understand how that would work. How does it work somewhere where you could allow a home statement on an STR?
3:12 – 3:293 turns
Through the chair, Supervisor Livening now how it works in other jurisdictions is through the land use permit application process. The owner or the long term renter of that property signs certain paperwork stating that that is their primary residence.
OK so there's no enforcement I mean somebody signs a paper that says that's what I'm going to do but we don't nobody would ever be able to go out and follow up because I mean when I'm What I get frustrated with here is when we come up with rules that somebody's going to leave here today or if we make a decision thinking, I'm a neighbor and this is going to be taken care of because we passed this ban.
And the reality is Nothing's going to change. I mean, I don't see that happening. I mean from the stories that I heard today of people that are making their payments or this is what they like to do. I really don't see why...I mean basically what's gonna happen is we're just not gonna collect the TOT. It's gonna happen anyway so anyway first off I just want to say thank you to everybody. I did get a bunch of emails and I tried to answer as many of them as I could And I just appreciate everybody being here. I think this is, you know, one of the reasons why I enjoy local government is because if you're at the State Assembly or the State Senate or you're in Congress, you never get this. You never hear from the people and it's really cool to be able to do this.
And I don't take lightly even the people I disagreed with. You know, I don't have any STRs on my block. And I understand that if you live in a neighborhood you would want it to keep that neighborly atmosphere. But it just seems so easy to me or simple to me that we have the possibility to set up a system right now because this is something new and some of you said it's not so new but it just seems like we could come up with some simple rules Most of these things that I'm hearing about are nuisance related.
And it seems like already in your contracts you have or should have, or we could require you to have items governing parking and noise and lighting and the maximum number of guests and those types of things. But I think what's missing is you don't as a neighbor have anybody to call right now. And so, you know, you call the sheriff. Well, I don't really want you calling the sheriff anyway because that costs a lot of money and they're not going to show up anyways most of the time on something like this.
So what I would like to see is a system where you come in and get a business license. And then either through Harry shop, Harry Higgins or in the planning development department. We hire through the TOT collection and ombudsman of some sort that then is making sure number one that you have a license number two making sure that you have a 24 hour phone with a manager that a neighbor could call and Then, that way instead of us not having any idea of how many complaints there are.
This person then would log those complaints and at some point if you committed too many it's just like a violation. You get to the point where your license is either suspended or revoked. Because I am really concerned about the revenue and I'll tell you one thing that really This is the burr under my saddle right now. And that was Measure B, which happened seven months ago.
I signed the argument in favor of increasing the TOT from 10 to 12%. And the reason why I did that is because and we said directly in that argument that we needed additional revenue for parks, libraries, mental health, public safety and roads At 51% of the people in the county voted for it barely passed. And now it seems like a complete bait and switch that we increase the T o T and just about the same amount of money we're going to kick out back door.
That doesn't sit well with me so And another interesting thing is, later on today we are going to discuss whether or not to increase park fees. Well I thought that's what we're increasing the TOT to help offset. Another issue I have is that you can't get rid of this type of money and when we talk about 1.5 million or whatever everybody's talking about Again that was under the 10% so that number is going up and that's only 50%.
Let's be conservative and say it's 25 or 30% of the total. Why wouldn't we be looking at hiring somebody inside our county to chase down that other 25 or 30% and increase the revenue, and then you could do proactive enforcement? You know, one of the things that we're looking at at the cannabis ordinance as well is you have to have proactive enforcement. If you don't have proactive enforcement and you just rely on complaints, your system's never going to work but you have to have that revenue stream coming in to create that positive enforcement You know, you can't make these decisions in a vacuum either. It's nice to just say we're going to ban this but we are going into budget and I remember somebody saying well one of the supervisors said we should do this during the budget and that was me because we are laying off employees right now.
And nowhere in this fiscal analysis does it say how many employees are going to be affected? What service are you going to reduce? What service are you going to eliminate? And I know we'll say, well, we'll just make it work. You know that was kind of the argument when We kind of got rid of or were eliminating or regulating to the point where they can't do it. The oil industry and The argument there was we need to get rid of the oil industry so we can protect the tourism industry Well now the tourism industry is coming under attack I've got a lot of reasons why I don't like banning it.
I think banning also is basically us saying that we can't regulate it, and if you can't regulate it you can't also enforce the ban on it so why wouldn't you just try to regulate it for a year see what that looks like and then if we have to go to a ban then we have to go to a ban? I also don't well I won't get into that other part of I will say that if we're going to implement this, we do have to provide a window for people.
And I hope it's long enough that...I don't think this is a 50-50 issue either in the community. I really think that this is maybe a 70-30. So y'all seem organized. Y'all happen to be able to email really well. You know, if this is something that you're that passionate about and it's pushed off enough, you should be able to take it to the people yourself. And that's always an option. Let them decide.
And you might find that you have more in common there than you're finding at the Planning Commission or the Board of Supervisors. That's always an option for you. You know these aren't and I will say that also, I want to go back to the neighbors is I do not discount what you're saying. But I think it's going to be better for you if it's regulated and there's somebody that you can contact because the other part of this too is just almost like the events ordinance.
The problems all happen on Friday night Saturday and Sunday we are gonna call You know if you complain, who are you going to complain to on the weekend? We're not here. So you're going to call in on a Monday and go hey man last Saturday was a real pain that you know the homestay person was a problem well there's not gonna be anybody here to deal with it so anyway those are my two cents.
Supervisor Wolf. Okay I'll yeah. This has been one of the most difficult issues I encountered this when I was serving on the planning commission and now I attended the various board meetings prior to joining the board and now today. I appreciate how intensely people feel about this. It's the kind of issue that I'll be in the grocery store at a party and get buttonholed, and I don't think I've had an issue where people on both sides have felt so intensely about it.
Many in our community as we've heard today have come to rely on short-term rentals as a valuable source of income or employment and it is indeed something that contributes to our local tourism economy and it does provide money to the county treasury. But there are also other considerations that for me are extremely important. As Supervisor Wolf noted, the integrity of residential neighborhoods, the integrity of zoning, the integrity of our general plan and our community plans, that is extremely important The impact of short-term rentals isn't evenly distributed throughout our county. Instead, it's concentrated in South County and in certain neighborhoods in Montecito and also in the Santa Ynez Valley.
And so it's concentrated. It's not evenly distributed. And in certain areas like Los Olivos and Montecito, it's affected the residential character of the neighborhoods. And people claim that it has or it has the potential to reduce the number of school enrollments and I think it can create a positive feedback loop in that if you own a home next to or between two short-term rentals when you try to sell your home that's part of the disclosure that you have to make So for a residential buyer that would be a disadvantage. So it creates a loop where you create more and more short term because people quite frankly don't want to live in a community that is all transient.
I also agree with Supervisor Williams who focused very much on housing inventory, housing Allowing short term rentals reduces housing stock and intensifies the shortage. As a supervisor there is no issue, none that I hear more about than the issue of we don't have enough houses It's not just affordable houses, it's not just workforce houses however important those are. It's housing across the board to recruit top business executives, to recruit new people to our non-profits for the county itself to recruit people here to take jobs they're finding it very difficult to find housing that's available The growth in the number of TOT registrations from 2015 to 2016 in the staff report was 8%.
That would double in eight years and almost quadruple in 15 assuming that the 8% rate held but it's likely that it would go up at an increasing rate. There are at least three kinds of short-term rental proprietors. The first are the owner occupants and they're there and they can oversee what's happening on their property. The second are people who are investors from outside the community, and they are using appreciation and the revenues that they generate to make money in our community.
And then the third kind are second home buyers and they pay the mortgage in part through the rentals. There was a legislative analyst report September 2015 that came out from the state that talks about the growing influence of second homes in the California economy. That article was actually referred to in one of the submissions in the record so I can rely on it, I think for some of my argument.
It found that vacation rentals are becoming very common in certain areas. In the coastal areas from 3 to 8% of the housing stock is second homes, vacation homes. In some of the mountain counties it's from 8 to 30%. Because we don't see it evenly distributed throughout our county, I believe in some areas we are seeing 20 and 30% short-term rentals or risk that in other areas such as Los Olivos and certain areas in Montecito.
If people want to buy a second home or vacation home or retirement home I can see why they'd want to settle here, but it can be rented for 30 days or up. So I don't believe that that's our job as the Board of Supervisors to support people in a second home when we can't put a roof over people's first home. In some areas including coastal counties homes are going more quickly to short-term rentals, a greater number in short-term rentals than homes that are being built. New homes for people so I think that is a very determinative factor for me.
Supervisor Williams asked about well why not regulation? There are a couple of issues regarding regulation. One is that with permit fees we are allowed to collect money for actually administering the fees, the registration but enforcement isn't really part of that and how we would go about it I'm not sure Once we let the cat out of the bag, it's very hard to walk it back. So my preference would be to take steps and not to just allow it anywhere anytime.
So I will say what I have to say about this outline. I agree with what the Planning Commission has put forward in terms of the first, prohibit in special areas. Allow it in commercial and mixed-use areas where lodging such as that is already allowed. In residential I would prohibit it, I am possibly open to homestays, I'm still thinking about that. In AG 1 I believe that's residential I would prohibit it and perhaps homestays there. As far as historic overlay areas, there isn't the expectation of residential area. I would be open to exploring overlays where it's been long-term short term rentals and people don't have an expectation of a stable neighborhood And in Ag. 2, I'm very much influenced by what Supervisor Adam has said in terms of commercial agriculture and the need to protect that.
I would disagree however with what the Planning Commission set out. We have an approach in the Gaviota Coast Plan that is for farm stay and I would be very supportive of farm stay in Ag., too. So that's our, we've all had our first brush and Mr. Gazzone I think you were going to frame a bit more for our discussion deliberations as we move forward.
3:29 – 3:356 turns
Thank you. Chair Hartman and supervisors- first I'd like to thank Johanna Hartley to my right and actually float across the table for me for their work on this project and they're also here as part of our attempt answer questions today- this is an area where. The concept of quote comprehensive zoning end quote goes back about ninety two years it starts with a case called Euclid people refer And the California Supreme Court took a look at setting aside residential districts and the reasons for that.
So I won't go year by year from 1925, but I will say that More recently, in California in 1991, Carmel litigated at the appellate court a case banning short-term rentals and residential zones. And the Court of Appeal found that to be a proper purpose of zoning and expressly rejected any takings claims on that. Also, in the 92 years of comprehensive zoning cases we see time after time again Mention of the elasticity of the police power, of the zoning power to adapt to fit changing situations.
I'm going to cycle back to the Ewing case for a moment and say that really that is the framework that we, in working with planning and your board on, take a look at Ewing versus Carmel-by-the-Sea. And that's a case that was both upheld by the Court of Appeal and then review was denied by the California Supreme Court and the U.S. Supreme Court so we think that helps us understand the ability of a jurisdiction to ban or regulate short term rentals in certain zones.
Speaking of cases, some of the public comment letters addressed cases about regulating rental property. At least one of those I think confused banning short-term rentals or regulating short-term rentals with banning all rentals and that referred to a case out of Connecticut where a jurisdiction in Connecticut didn't ban short term rentals they banned all rentals that only an owner could live in the house not a renter And not surprisingly that case didn't go well for them and stands for the fact that a no rental condition is inappropriate.
But that's not what's before the board today, not a prohibition on renters but a regulation of short term rentals. As a housekeeping item, I'll just note that the deliberation outline that's behind me on the screen is also available online. And then going back to the county's earlier efforts in this area, the county has in all of its land use codes the LUDC, the Montecito LUD and the Coastal Zoning Ordinance At least taken some steps to define dwelling as something intended for occupancy on a non-transient basis. So at some level what you're doing today is moving forward from steps we've taken, we the county have taken over the decades as to what is residential zoning and I think that as you develop your options today you'll see that some of them are things that could be adopted today others would go back To staff or to treasurer's staff.
To talk about both changes to particular county codes, to make sure that enforcement provisions in Chapter 24A link up with whatever actions you're taking today and you may also want to hear resource issues from the involved departments.
Thank you Mr. Ghisoni, what I'd like to do is exercise the chair's prerogative and ask each supervisor to weigh in vis-a-vis the Planning Commission recommendations for each zone type. We can only regulate by zone type we can't do spot zoning within zones unless we do some kind of an overlay and that requires a fair bit of justification so I think it would be helpful to all of us to be clear about Where we stand and again I've laid out sort of where I come out but I especially would like to hear about the historic overlay. And add to my position is different than what the Planning Commission stated, my position would be that we take The existing Gaviota Coast plan language it was in our staff materials. Materials provided by staff and I think it was very carefully thought out for how a farm stay would operate.
Madam Chair, yes
if I could with all due respect because I think I might be able to fashion a motion that takes into account what you said and Can we just try that? I'll give it a go. Okay so I'm going to make a motion that we prohibit, and I am looking at that chart, that we prohibit resource protection industrial and special purpose, that we allow STRs in commercial mixed use, that we prohibit in residential And if we can just, I'm not going to go to that coastal zone one yet. So just hold off on that.
That on Ag 2, based on your comments, that we follow the Gaviota Coast plan in line with a Gaviota Coast plan for farm stays and that Ag 1 is prohibited. So that would be my motion And then perhaps someone else will make a motion about the historic overlay, the homestays. So that would be my motion to take into account what you said. All right.
I think she's looking at me and I will second that but I have to dig in. I believe that we should permit homestays in all zones. And the way in this framework up here that I could see that working is both homestays and the coastal zone, historic coastal zone overlay from Miramar to Padaro How that would work in my view is those folks would have to come to get a permit for it. They'd have to show that they paid TOT.
So Doss, what I'm saying is can we just vote on this and then you make another motion?
We're going on column one.
3:36 – 3:4324 turns
And then you can make another motion to talk about exactly what you're saying.
And
Mr.
Gazzone is going to enlighten us on something here.
Chair Hartman and Supervisors, I understand the goal of narrowing this down. I'm wondering if perhaps this could be a conceptual motion so that in case there were three votes we don't have a final action by the Board? I'd just like planning to make sure we have time to flesh out any details that come out in conversation.
So would you make that a conceptual motion and we'll get a sense of the Board on Column 1. I
have no idea what you're doing here. Are we? Okay
so basically I followed everything that's the Planning Commission recommendation Except I changed the Ag 2 to focus.
Mr. Gazzone could you move please? Thank you.
Sorry so the Ag 2 just to focus on what Supervisor Hartman recommended was the farmstay language and then everything else with a historic overlay, the coastal zone where it says not applicable I just pulled that out of my motion and that will be another motion made by someone else who may want to articulate that. So this basically follows what the planning commission
did. Planning Commission with one modification and that is we adopt the Gaviota Coast Plan standards for farmstay for Ag 2 properties. So we have a motion, we have a second and were there any additional comments or discussion?
Chair Hartman and Supervisors. Conceptual. Again, conceptual and I think what we're looking at here based on that there are changes from the draft ordinance that's in front of you is that this would be when it becomes a final motion direction to staff to take these actions on the proposed ordinances in return but you might want to hear from planning and development on that. I don't know what portions of this could be done today versus
return. So this is just conceptual so that it comes back with all the final documentation?
But we are offering direction so is there, how would you recommend that we frame the conceptual motion?
Chair and Supervisors, I think that an action coming out today would no longer be conceptual. It would be directing planning to revise the proposed short-term rental ordinances in return with these changes but I thought it would be conceptual until that time just as you're going through and narrowing down what
action. So why don't we take a vote and then you'll know it's not conceptual anymore?
Okay.
So we have a motion and a second. And Supervisor Adam and Supervisor Wolf both have lights on.
Yeah you know I'm really, I guess I thought something different was going to come out of this. Really uncomfortable banning it entirely without trying to get some kind of a CUP regulating it in some reasonable manner and I think this is a bit over the top In terms of. Just just doing a total ban on residential areas because that's 92 percent of what's out there and so you know And also what you have to understand as you go into this, I got half a mind to support it just because it's going to screw us out of 1.5 million and see what you guys do in terms of cutting things to make it up because this is exactly the problem here. We just keep blopping off large chunks and I heard the argument about PCEC most recently some paper that PCEC for those of you who don't know is a 4th district oil project that was going to give us $2 million a year for property tax.
And the argument was well it's only 2% of the The budget. Well, you know it's the last 2 million bucks that you don't have and so this is another 1.5 million bucks that we don't have and there could be some other things rolling down the pike that is going to be several million dollars that we don' And, you know at some point it's going to add up to a deficit. Oops already we have what 40 million that were closing this year and we expect it to be larger next year so you know at some point we've got to start trying to craft some kind of reasonable workaround so we get most of the money maybe not all the money And you know we have to respect people's rights to be in their homes and have security and not have problems and complaints but at the same time, you know people are going to do this stuff whether we like it or not.
Trying to go out there on kind of an ad hoc basis and trying to enforce. And you know these things are going to be like ghosts, they're going to be like Supervisor Lavanino said Monday morning when they call in everybody is going to be gone so I think having a CUP on a lot of it would be a better step And maybe make that a temporary condition and if that doesn't work out, you know somebody said make it a temporary ban. Well you know maybe we should make it a temporary permit for two years or something like that and let it work itself out for awhile and see if that is something that works and we don't have complaints or the complaints that we do have can get dealt with but boy I'm, I don't like this As the motion stated.
Let me just explain how I'd like us to proceed and the motion deals with allowing it in mixed use commercial areas where lodging is allowed and it doesn't go to the historic overlay and we're still going to talk about homestay. So, that's what the motion is. Following tracking so and we haven't even begun to talk about development standards other than for Ag 2 and we haven't begun to talk about development standards or enforcement strategies rather.
We have a motion and second and roll call vote.
We're going to go ahead and vote on this item. Mister Levin, you know no Mister Williams
I
this will I had a miss Hartman I passes 3 to 2.
Okay let's talk about historic overlays.
3:43 – 3:5032 turns
I don't think we should mess with it. The Coastal Commission says don't mess with it, and so I think we should permit it. With a permit in the Miramar to Padaro coastal lots.
Would you make a motion but not give a specific geographic area, just say something about historic and we'll have staff look at that and bring it back to us. Mr. Gazzone did you have something else? Just
just emphasize the point you just made chair and that is that again The first motion and these motions are primarily designed to direct Provide clear guidance to staff directing staff to revise and bring it back in this motion on the overlay I would I would understand to include provide additional evidence in the record to support that that potential overlay
Absolutely
supervisor Lavanino.
Thank You madam chair, and what is historic? Anybody that's been doing it for the last two years
I think in the staff report it was several decades that was mentioned. I mean we do have areas that go down but all
right. Yeah, that's really kind of the essence of this and I think what was considered was A few decades. It's nothing that's happened within the last you know 10 years so as long as I mean if that is at where we are because if that's where we are, I can agree to that.
So there's a second. We have a motion and a second on historic
overlays? To look at it and bring it back to us. Thank you.
Supervisor
Adam.
You know it's got to be the same everywhere in my opinion. If it's good there then it should be good everywhere else too. I
have a comment on that as well.
Whenever I want to do an overlay, it always seems like we can't do them. I mean for some reason legally those aren't, they're frowned upon. And the one time when I don't want to do an overlay. It seems like it's all right that we're going to go ahead and look at one and do what so either they're good or they're not good, but I don''t understand why this was different than other overlays.
And chairman and supervisors we've previously provided the board with attorney client thoughts on overlays. I would say that here in open session, I would say that if you want to pursue an overlay then it will be important to provide further evidence in the record to support that departure from standard zone zoning.
Supervisor Adam.
Let me help you with that if they got enough money to be able to buy a piece of property on the coast in a very Tony spot then we give them an overlay is that about right? Otherwise if they don't have enough money then they can't have a rental.
I assume that's a rhetorical question Supervisor Williams?
I'll just answer, to me this is a question of insulating the county. A long established practice is much easier to fight for and because This this stock is some of the least portable stock and I'm about defending. Portable stock that's my priority so it's just not my priority. And I'll say what is my priority is and make a second motion after we dispense with this, is homestays. I want people to be able to if they're renting a room every once in awhile to stay in their home let's
get to that next but we have a motion a second and Supervisor Lovanino?
I just had a question about that then okay so mostly what you are worried about is the affordability Then why isn't the overlay just include all of Montecito or homes that are valued over a million dollars or something like that?
This is the direct, the signals we've gotten from the Coastal Commission. This is the easiest I think way to split that baby and because it's a different thing in terms of takings law whether someone has been STRing for a couple years versus four decades. It's just a different animal.
Supervisor Wolf. Yeah I think in my perfect world we wouldn't be entertaining this but this whole historic overlay has been brought up and I'm willing to look at it as long as it meets you know the actual whatever we deem as historic and it kind of meets legal muster so I'm willing to look at it and bring it back
Thank you. And I would just like to add that because of the Coastal Commission's letters, that's why I am willing to look at it as well. So we have a motion and a second. Supervisor Adam?
Well, I just want to make the observation that those people that live in that area probably had some influence over the Coastal Commission. Just maybe. And so I don't think the Coastal Commission came at it from some kind of a lily white position.
I believe it's all up and down the state of California, but if we might move this forward.
I got to say something. I mean, I know the Coastal Commission is everybody's favorite bad guy, but I've got to defend their staff. They're willing to piss off rich people all over the coast to do what they think is defending the coastal act. So I don't think that's the Coastal Commission's primary motivation.
Supervisor Adam and then I'd like to go on if we could.
And I've got no problem with rich people, I like being rich and I want everybody to be rich and that's all great, I'm just saying let's be intellectually honest about what is going on. That's all.
Okay, so we have a motion to direct staff to look at historic overlay where traditionally over a long period of time homes have been rented out on the short-term basis. So Mr. Allen would you call the roll?
Mr. Lavinino? No. Mr. Williams?
3:50 – 3:5518 turns
I move that the county. Permit with a process
Thank you. In order to get that permit, they will need to submit their TOT tax information and what we now already take as proof of occupancy since planning department already has to verify that.
Oh, Ms. Black. Madam Chair if I could ask for clarification do you really mean all zones? Including the agricultural zones and the resource protection industrial and special purpose zones?
I guess except for the RMZ industrial and special purpose zones.
And Ag 1 and Ag 2.
What's the difference between them?
Ms. Black would you discuss or Ms. Metzger homestay, farmstay because on Ag 2 we have already voted for a farm stay as defined in the Gaviota Coast Plan so I think your overriding that motion with what your suggesting.
Yes, Supervisor Williams through the chair. So the definitions are that the difference let's just talk about the difference. The difference is that with a farm stay the people that are coming to rent the property have some sort of agricultural experience with that and if you look at the definition the Gaviota Coast Plan which was adopted it can be anything from picking of berries to collecting of eggs to going out and Getting the cows. I don't know what that's officially called. So, that's the big difference.
Both of those homestays and farmstays have someone on the parcel at the same time as the renters.
And the previous motion allowed farmstays in both Ag 1 and Ag 2? So then I guess I would say that my motion would be to allow homestays in all zones except for RMZ industrial, special purpose and Ag 2.
Could you reframe it? Sure. In terms of Ag 1 and residential zones?
Sure. I would say that we permit homestays in residential and Ag 1 zones.
Supervisor Wolf.
This is to Mr. Williams can instead of being definitive, can you ask staff to come back so that we can look at how it's being implemented and what the impact will be? Because and the reason I say that is aside from my I'm really concerned about the Ag One piece. So can you just I'm willing to go ahead and let us look at it Because I understand your reasoning, but I'm also concerned about housing stocks. So I guess just have them come back instead of just a definitive let's do it.
I think they're going to have to come back because that is the permitting process and I understand that. And to me, I want a process that collects revenue and allows people to stay in their homes. That is that that is me. The two
black. Madam Chair and Supervisors I think this entire suite of recommendations would need to come back and then you could take a final vote on it. I don't think you're binding yourselves to it one way or the other.
Supervisor Adam? Supervisor Williams did you have something additional? All right so we have a motion and a second. Chair
Hartman, could I just recommend a clarification? I heard Supervisor Williams as he was working into the motion describe homestay and link it to owner occupied and my thought would be that homestay would be I'm aware of that unit.
Making sure that it survives a challenge and either owner occupied or long-term tenant occupied.
3:55 – 4:0025 turns
Supervisor Wolf.
And are we at the point Ms. Black where you need information on development standards or things that need to occur?
We're going to that next but we're gonna finish this first okay all right So I didn't make a second. Are you willing to make a
second? I'll make a second on that so we're allowing homestays in everywhere except where the two farmstays are
allowed. We're exploring allowing homestays residential and Ag 1.
And Act 2 already has farmstays. Yeah. So you have to go collect the eggs. That seems so crazy. I don't know whoever came, that was in the Gaviota Coast plan? I voted for that alright. I didn't read the whole thing obviously.
It's
in
todays materials as well.
Alright so I'll make the second on that.
Okay we have a motion and a second and Supervisor Adam.
I just want to say how this is going to complicate enforcement so I'm going to support it.
I know we're all getting punchy
but hang with us here. Well hopefully when staff comes back that will be part of what you will talk about is enforcement
and costs. And that will be very important yes for all of us. All right Mr. Allen would you call the roll on that one please? Homestays, Ag 1 and residential. Mr.
Labanino aye. Mr Williams aye. Ms Wolf aye. Mr. Adam? Aye. Ms. Hartman?
Aye.
5-0.
I just wanted to make a comment about Ag 2, we voted on that but I just think there's an important thing that needs to be clarified and that is the Williamson Act and the Williamson Act requirement that other commercial activities on the land be related to the agriculture and we want Ag 2 in Williamson to have similar and so I think that's what All right we are now on to discussing homestay if there's more to be said. Supervisor Williams? I just want to say that enforcement is hard right now.
And it is the intent of these motions to allow STRs in a manner that's more functional for the community and where it's more clear for enforcement. Either you have a permit or you don't, and if you don't have a permit, should be shut down. That is really where I'm trying to take this and hopefully I hope that you can bring that back to us in a way that is most easy to accomplish, easy to permit and easy to enforce.
That's going to be hard because CUP is easier to enforce but it's also a pain in the butt. I mean I was surprised at Pureview Supervisor Adam anti-regulation wanting to do CUPs everywhere like 1,000 CUPs would be like a nightmare But my hope is you can bring it back to us in a manner that is possible to enforce and isn't just such a pain in the butt for these folks that they just give
up.
Supervisor Wolf. So just before we go forward. Just so that we're really clear standalone STRs are only allowed in commercial and mixed use right? OK.
Okay we have two more tasks here before we break for lunch regarding short-term rentals. The first is we're going to march through the development standards and give a sense of those that we would like to see incorporated into the ordinance that staff develops, and then we need to talk a bit about enforcement business licenses and or land use permits of some type.
So let's take the first burst and that is development standards. And we've had this all in our staff materials for today, attachment 9 and so I'm just wondering Ms. Metzger, why don't you just very briefly run down so that we're all focused on this and then any of those that seem problematic we can discuss a little more or Miss Black?
So Madam Chair, before Jessica does that I just wanted to point out that you've really only provided for short term rentals in the commercial zones where other types of lodging are allowed. And we were not proposing development standards in those zones. Thank you. So I think now what we're really talking about our development standards for homestays and perhaps farmstays.
So it just wanted to kind of refocus the board a little bit
Okay.
4:00 – 4:0614 turns
And Chair Hartman just to further add to that, the development standards when you look at jurisdictions that have allowed homestays and short-term rentals are not as expansive as this list for homestays due to the fact that the person is usually on the property at the same time so keeping that in mind So to run through the development standards, the first one is really just simple compliance with fire building and health codes for the safety of the transient occupant. Making sure that there's handrails on stairs, making sure carbon monoxide detectors are installed, things of that nature.
Number two probably wouldn't be something that we would look at necessarily for homestay because that's when you're looking at not allowing short-term rentals in either a cabana or an ADU or other nonhabitable dwellings like we've seen teepees on some of these sites.
And Supervisor Adam has a question.
Well you know my question is for the rest of the board here. Do we really have to go through each of these right now? I mean can you not just direct staff to come back with a recommended suite of things and then we can argue over them if any arguments exist. We've got nine more items.
All right are there any particular issues that staff would seek direction on?
I think that when we come back you already have the attachment that details these in your board letter. We can just continue that attachment for further discussion.
I do have two things that are of concern to me and perhaps three. I think there should be a limit number of people per bedroom, perhaps two per bedroom or two adults per bedroom. I would like to see a limit on the number of visitors, perhaps 2 times the number of guests and I'm not so sure that it's self-evident about ADUs, residential second units, cabanas and guest houses. So I'd like more discussion there if not now than in the future.
Supervisor Wolf?
Thank you. I'll just follow up with what you said Chair Hartman and obviously number one, number six, number seven. Those stand out for me. Those are and also number four three and four.
Anything else to be said on development standards up here from any supervisor? All right. I think we need to give some direction if we can about business licenses versus land use permits. Mr. Gazzone could you give us a brief explanation about the difference and we'll give you some feedback and then we're ready to go.
Chairman and supervisors the board has discretion to require your operator of a short-term rental to obtain a business license. If you wanted to pursue this among the changes beyond the land use codes that we've been discussing, we would recommend a change to Chapter 22 of the County Code dealing with business licenses and then we would also work with staff to make sure that Chapter 24A administrative fines actually engages that revised Chapter 22 for enforcement Generally, we think of business licenses as not containing the same level of conditions that are found in zoning permits.
But it is permissible for the board to require both.
Mr. Gazzone, Supervisor Wolf had a question while you were at.
Yes, Supervisor?
Sorry to interrupt
you. But I want to just go back to the development standards because I think that if we're looking at AG 1, that the development standards and requirements have to be at a higher level than we would look at some of the other zones. And the reason I say that is because this issue was discussed over and over in the community plan to make sure that our small ag parcels were.
The integrity of those parcels remained ag, so to the extent that you can come back and maybe highlight Ag One parcels as being more restrictive, that would be something I would be looking for. Thank you. Sorry, Mr. Gazzone.
Chairman and supervisors continuing the board may impose limited conditions on business licenses that relate to the operation of the business. But again, those don't go into the level of detail that you normally find in a zoning type permit. Thank you, Mr. Chairman. Thank you, Mr. Chairman.
4:06 – 4:1236 turns
I think it would be important if we're able to have them together if we move that direction rather than one separate.
Chair Hartman, I think we can come back together and you know compare and contrast business licenses versus the zoning permit also. That's probably the best way to go.
All right. Did you have any more to say Mr. Gazzone?
No, I think that's the overview
and
then we'll obviously work with both departments on shaping them to make sure they connect.
Okay, Mr. Williams and then Supervisor Lavanino.
My question and you don't have to answer it today but generally we have people get a business permit if We. If it's kind of a very straightforward activity we don't need to have the same level enforcement these guys don't do enforcement much right yet they have one staffer on it. On all business permits in the whole county at and if you're if we have something to permit to that needs enforcement we generally So I guess the question I would have is if we're going to have to have them do a land use permit anyway, why would we have them do a business permit too?
I don't want to make it more of a hassle than it needs to be. So I guess that's sort of the question I have out there and I don�t need to have an answer today but I would love of course for it to be answered by the time we finalize it.
Chair Hartman and Supervisors, I think that again this is going to be primarily a policy call by the Board for the reasons that Supervisor Williams has just discussed. That you could go with both a business license in some form of zoning or land use permit or just the zoning and land use permit.
So we'll look at that next round. Supervisor Lavanino?
Thank you Madam Chair. One thing we hadn't discussed, or at least I missed it was Finalizing or firming up what the intended application date of this, of all this would be.
I think there's a recommendation let's put it out there at least a year and I guess that would be from actually adopting the ordinance is that correct? Or from today how would that
Madam Chair, I think we would recommend depending on when an ordinance is adopted that you get the short-term rentals through the next summer season. So it's really going to depend on when we come back and when the board adopts and probably somewhere around a year. And
Mr. Gazzone had something to add
here too.
Chair Herman and supervisors this is an area that the board has considered before which is having an operative date some distance downstream from the effective date so there's plenty of notice in. And the involved property owners are not having to terminate contracts they have plenty of notice on that so we'd be I think what I'm hearing is the desire to have the operative date pushed downstream about a year from the from the time of the effective date of the ordinance says
Couldn't it just as easily be effective today since we've made the decision on the ban and then extend it a year from today?
Chair and Supervisor Wolf, my recommendation would be to not take a final action today until you have the entire package in front of you. So that you'd
have… I mean then it might not be a year.
That is your discretion.
Well I think, I'm sorry. I think staff recommendation was actually September of 2018 so that's what the staff recommendation was in our packet.
And is there a sort of general agreement up here that would be good? Yeah I think that's fine. Alright we got at least three four Mr. Gazzone
And chairman I know you're running to the end of the deliberation guide and I would just ask that maybe at the end of this third there. You consider one final motion along the lines of staff support agenda letter recommended action a receive in file and recommended action C which is to direct staff to revise proposed short term rental ordinances as voted on through all of the prior motions today in return and present those revised ordinances to the board
Thank you and before we have that motion I just want to ask Ms. Black, Ms. Metzger if there's anything else you need from us today to go off and do that?
Madam Chair and board members I think we have received enough direction to come back.
All right Supervisor Wolf will you make a motion?
I'll make the motion as outlined by Mr. Gazzani And
Supervisor Williams will you second?
I will
second. Do we need a roll call vote or can we just yeah let's have a roll call vote.
Mr. Lavinino? No. Mr. Williams? Ms. Wolfe?
Aye.
Mr. Adams? Ms Hartman?
Aye.
Passes 3-2.
Okay we finished the first item, we have nine items after lunch and before we adjourn for closed session Mr. Ghisoni would you tell us what we're about to address in closed session
4:12 – 4:122 turns
Chair and supervisors, I estimate that closed session will take a little bit more than an hour today. Your agenda is to consider conference with legal counsel for one case of existing litigation which involves Santa Barbara Channel Keeper versus County of Santa Barbara. You also have two items with legal counsel for two cases of anticipated litigation, conference with labor negotiators concerning Service employees, international unions local 620 and local 721 as well as public employee appointment for Public Health Director. Again my estimate is a little bit over one hour.
Okay so about 2 20 we'll be back thank you.
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5:12 – 5:231 turns
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5:28 – 5:388 turns
Good afternoon and thank you for waiting. I know some of you were here early in the morning and we've had a long day already, long day ahead of us. We're reconvening the June 6 2017 meeting of the Board of Supervisors Santa Barbara County in the Santa Barbara hearing room onto agenda item number two. And Mr. Gazzone first has to report back from closed session, thank
you. And Chair Hartman today in closed session the board considered several items existing litigation in the Santa Barbara Channel Keeper case two cases of anticipated litigation contracts with labor negotiators concerning local 620 and local 721 of Service Employees International Union as well as public employee appointment concerning Public Health Director there are no reportable actions.
Thank you and now Mr. Allen
Chair Hartman members of the board item two is from planning and development it's a hearing to consider recommendations or any options for hoop structures. This will be an ordinance amendment project.
Thank you. And
we're ready to go. Yes good afternoon chair Hartman members of the Board of Supervisors I'm Julie Harris senior planning with long range planning and I'll be presenting the options for the hoop structures ordinance amendment project First for a little bit of background, on February 9th of 2016 the Board of Supervisors directed staff to prepare an amendment to the County Building Code to amend the building permit exemption height for exemption for hoop structures increasing the exemption height from 12 feet to no more than 20 feet.
The board also directed us to return during the 2016 budget process with a work plan item to address zoning ordinance components that would apply only to the inland area. On April 19th of 2016, the Board of Supervisors amended the building code to increase the exemption height and in June of last year, the hoop structures ordinance amendment project was incorporated into the long range planning's work program.
On April 19th of this year during your budget workshops for the upcoming fiscal year, the Board of Supervisors directed long-range planning to return with options for addressing the Land Use and Development Code or LUDC Ordinance Amendment. In the inland areas of the county, hoop structures are permitted as greenhouses which require land use permits in general and development plans for those structures that are larger than 20,000 square feet in area.
Staff has identified five options to address the permit process for hoop structures which I'll present in a moment. To achieve the goals of the project each option is essentially a continuum of actions that would decrease complexity while increasing clarity and leaving fewer issues unaddressed. Under option one, the director would issue a formal interpretation of the LUDC interpreting hoop structures no taller than 20 feet as farm equipment and then exempting them.
Option one would have the lowest initial upfront costs and shortest schedule but that would be because there would not be an ordinance amendment. There would be no hearings and no environmental review. However, this option would have the most limitations. First, the interpretation could create new inconsistencies because the LUDC would continue to provide a clear definition of hoop structures which require permits while the uncodified interpretation would state that they're exempt farm equipment.
The LUDC provides that interpreting the code is a director specific decision, but that can be appealed to the Planning Commission and the Board of Supervisors. If that were to occur it would significantly increase time and costs. No development standards would be included to address any potential issues such as visual resources or stormwater runoff or drainage. And finally option one would not address hoop structures taller than 20 feet and those would continue to be permitted as greenhouses.
Option 2 would amend the LUDC adding a definition of farm equipment, defining hoop structures no taller than 20 feet as farm equipment and exempting them from permits. The primary difference between the first two options is that option 2 would provide clarity by amending the LUDC. Option 1 would not. However, option two could also lead to inconsistencies within the LUDC because a hoop structure would still meet the standard definition of a structure which is anything constructed or erected the use of which requires location on the ground or attachment to something located on the ground.
Thus the LUDC would also need amendment to exclude hoop structures from the definition of structure. In addition, no development standards would be included. Option two would not address hoop structures that are taller than 20 feet and finally option two would not be exempt from CEQA or the California Environmental Quality Act. Thus an initial study would be prepared to determine the level of potential impacts and whether a negative declaration or environmental impact report or EIR would be prepared.
Option three would also amend the LUDC but it would not change the definitions. Rather, it would more simply exempt hoop structures of 20 feet or less in height and to qualify for the exemption include some development standards to address potentially adverse effects such as visual resources and stormwater runoff or drainage and potentially others. Under this option, if hoop structures did not incorporate the development standards they would not qualify for the exemption and would then need permits as greenhouses.
This option avoids the potential LUDC inconsistencies of options one and two however it does not address taller hoop structures and as with option 2 environmental review would be required Option 4 would amend the LUDC to clarify the permit requirements for all hoop structures of any height within the inland area while maintaining existing definitions. Option 4 would also include development standards and it would consider a range of permit options including exemptions, zoning clearances, land use permits and development plans.
Option four would avoid the potential LUDC inconsistencies of options one and two. And unlike the previous options, it would address permit requirements for any hoop structures taller than 20 feet. As with options two and three, environmental review would be required. Option 4 is also the option that's been budgeted in Long Range Planning's work program for the upcoming fiscal year.
The budget includes funding for an EIR because the county would explore a variety of permit options and an EIR can analyze potentially significant effects of the project along with several alternatives. Staff anticipates presenting the project to the Board of Supervisors for adoption in the spring of 2018 following adoption hearings for the cannabis ordinance.
Option four provides the best opportunity to resolve the existing zoning code uncertainties and inconsistencies. Finally, option five is the same as option four except that it would include an amendment to the coastal zoning ordinance outside of the Carpentaria agricultural overlay which already provides specific regulations for hoop structures. Option 5 also avoids the inconsistencies of options 1 and 2. However, outside the Carpentaria Agricultural Overlay, the Coastal Zoning Ordinance already requires permits for hoop structures as plant protection structures with a development plan for those that are larger than 20,000 square feet.
A goal of the project is to provide a permit exemption for hoop structures of a certain height. Past county efforts to expand exemptions in the coastal zone have been unsuccessful, and staff would not recommend option 5 as it would be unlikely to gain much benefit for the time and effort involved. Of the five options, staff recommends option four. Option four provides a comprehensive approach to resolve the existing zoning code inconsistencies and uncertainties in the inland area and it includes a thorough environmental review.
This completes staff presentation and staff recommends that your board take the recommended actions listed on page one of your board letter Staff has revised recommended action number B to provide guiding language that your board can use when providing direction to the planning and development staff. Thank you for your attention, and our team is available for your questions.
Thank you Ms. Harris. Do we have questions here on the board? Supervisor Lavanino?
Thank you Madam Chair. So we get into options three and above you're talking about including development standards in those listed somewhere that I didn't look at.
5:38 – 5:4523 turns
Supervisor Lavanino through the chair, we have not actually developed any development standards at this time the project is just in its.
Thank you.
Seeing no other lights I do have a question and that is the difference between hoop houses and greenhouses. I look out and I see many different structures, it seems to me there's a continuum out there rather than a clear dichotomy between one or another so I'd like you to comment on that and give me some guidance how to think about this
Madam Chair, there are many different structures and in some ways they do exist a bit on a continuum. However I think greenhouses can be, we have definitions of greenhouses, hoop structures and shade structures and greenhouses are probably the most intensive of the uses because they are permanent buildings They have foundations. Once they're constructed, they stay in place and often growers will use heating or lighting to supplement the growing cycles and support the growing cycles of whatever crop they're growing.
A hoop structure doesn't have a permanent foundation. It's a structure that can be readily removed, it's easier to put up, it takes manpower but it's not construction with the foundation that stays in place. It can be removed. It is usually installed or taken down at the discretion of the farmer depending on what type of crop they're growing.
What constitutes a foundation? I mean that seems
to be
a distinguishing
feature and I don't know what it
is.
Madam Chair, it's a very good question we actually don't have a definition in our codes and I looked up the definition in Webster's to actually see what it talks about but it really Not having that definition in front of me. It's something that is permanent, that's in the ground, that provides a support for the building that's located on top of it. So current buildings today usually use some kind of concrete. If you look back at old historic buildings they often would use stone that they would place in the ground and then they would build the structures on top of like a stone wall that would essentially be the...
Sorry to push this. This will be my last question. What if it's just on the ground?
It would still be a structure based on our definition in the general definition of structure. But it may not be a building if it's not permanent so this crosses the line into the question of temporary and permanent and one of the things that are interesting about hoop structures is They can be temporary. They don't have those permanent elements in the ground, the foundation and they can be taken up and put up and put down just like a tent that you might go out when you go camping and you put some stakes in the ground. The difference is the kind of stake that they use is bigger and much heavier in order to support the larger hoop structure.
Thank you. Seeing no other lights do we have any public comments?
Chair Hartman, members of the board we have six requests to speak. I'm going to start in Santa Maria with Claire Weinmann come back for Anna Citrin and Santa Barbara on the balance of our speakers.
Good afternoon can you hear me? Thank you. Good afternoon, my name is Claire Weinman and I'm the president of the Grower Shipper Association of Santa Barbara and San Luis Obispo counties. The association represents over 170 growers shippers farm labor contractors in supporting agribusinesses our members grow diverse field and nursery crops such as broccoli strawberries and wine grapes Many of our members rely on hoops to grow healthy, high-quality, high value berries.
Hoops are a production practice that have many benefits including facilitating integrated pest management, promoting even fruit ripening and optimizing water resources. We have been following this issue very closely since the beginning Today we urge the board to provide direction to proceed with option one and interpret hoops as farm equipment. We believe that this interpretation most closely matches the actual application of the tool while also providing greater certainty to the farmers who rely on it.
While we acknowledge the beneficial application of hoops taller than 20 feet, we do believe that Option 1 adequately addresses the majority of situations for the practice in the near future. As we have mentioned previously in prior testimony, both the use of hoops and the crops they protect are relatively expensive. The extended growing season added diversification and increased agricultural reliability provided by hoops allow Santa Barbara County growers to remain viable in an increasingly competitive global marketplace.
Hoops are an important tool to maintain and enhance the county's economic competitiveness, job growth, and economic opportunities now and in the future. We ask that you support this innovation and economic viability by providing direction to proceed with option one. Thank you.
Ms. Weinman would you wait just a moment? Supervisor Williams has a question for you and for staff.
I have a question for staff first it was noted on the slide that option one would be appealable. Would the other options be also similarly appealable?
Supervisor Williams through the chair, no the other options would not be because they are an LUDC amendment they actually would first go to the County Planning Commission for a recommendation and then they would come before your board for approval
So I mean, this is the question. I guess I would have for you is why? Why would AG want a exemption that would also make it appealable every time a neighbor doesn't like a hoop structure?
Madam Chair Madam Chair if I may, Supervisor Williams. I think I misunderstood your question. My
question is what of these options are appealable when there's a case-by-case basis for hoops?
Okay I was at, I was answering your question as if you were talking about this process. If on a case by case basis if a hoop structure is exempt from permits then there is no appeal process. And did you have a question
for Ms. Wyman? Then I no longer have a question for you Ms. Wyman thank you.
5:45 – 5:547 turns
Good afternoon Chair Hartman and Supervisors. I'm Ana Citrin with the Law Office of Mark Shutillo and here this afternoon representing the Committees for Land, Air, Water and Species. I will be brief, we did submit a letter and our point is largely a procedural one. And that is whatever option your board chooses it's critical that it receive thorough environmental review and there be adequate opportunities for public input. It sounds like from what staff has described that option 1 would not provide those opportunities And moreover as we explained in our letter environmental review is actually required even if option one is pursued because it qualifies as a discretionary project that may result in potentially significant impacts and notably may result in damage to scenic resources along our state designated scenic highways which is actually specific provision of the CEQA guidelines that precludes use of an exemption in that instance.
So while we appreciate the desire to move ahead expeditiously, we think it would be a mistake to shortcut the public process. And so we urge you to ensure that whatever option you pursue today will receive thorough environmental review and opportunities for the public to weigh in. Thank you very much.
Vicki Connor is our next speaker followed by Steve Pepe.
Good afternoon Chairman and other Board, other Supervisors. Vicki Connor representing Econ Alliance. First we just wanted to remind you of the importance of our ag sector in the county. As you know it's the largest economic sector $2.8 billion economic impact and about 25,000 jobs. Much of this ag activity is resident to North County and also most of the jobs.
The ag sector is especially important to our North County communities. Since the purpose of the hoop structures is to maximize yield and minimize risk, basically, of high quality ag products it's important to understand the need for flexibility in using these structures as a tool to stabilize the impacts of various climate weather pests and other And so it's really key that the option one is adopted because The farmers giving the farmers the ability to move and change the structures that will when the Need arises to make sure that the crops are The best possible products in the best possible market product for that particular year so because of that we think that it the impacts on job and the economy would be Best served by choosing option one.
Thank you. I
Good afternoon Madam Chair and Supervisors, Steve Pepe on behalf of the Econ Alliance. As Vicky indicated we're advocating in favor of option number one that hoops should be designated as farm equipment. They are portable, mostly temporary, they are uninsurable and have a shorter lifespan. There is some discussion about visual effects, but those of us who live in the county and drive 101 and 246 have gotten used to seeing hoop structures for the last five or ten years.
If you're forcing growers to permit hoops and mitigate other adverse land uses, you're going to reduce the flexibility in the ag industry. And this is going to continue to drive the smallest and most vulnerable producers out of business. Many of them will move over to Arizona or go down to Mexico to avoid the cost of goal B. So we would urge you to go with option one. Thank you.
Willia Hapé to be followed by John DeFrio who's our final speaker.
Hello my name is Willia Hapé and I have been actively farming in the Carpentria Valley for almost 30 years this morning we were here with about 20 of us to speak but two of us left because everybody had to go home to tend to the farm, we couldn't wait I'm only 54 years old and I'm an active farmer, and I am saddened that I have yet to appear again here in this room just like I did almost 30 years ago on the same topic because this is not new.
Then and now, again, hoop houses are agriculture tools. The IRS tells you so. It's an agriculture equipment. There is no permit required. I farmed 25 acres in the Carpinteria Valley with 25 acres of hoop houses. That was the Carpinteria Valley. It is a bent piece of metal with plastic sheets or shade cloth put over it to create a mini climate for different crops to protect the crop while it grows and matures until it's ready for harvest.
A tool available to the farmer, just like a shuffle, a disc, a plow. Pieces of equipment farmers use to grow a crop. Farm tools are instruments that we use on the farm so we can grow a crop. With hoop houses, we even use less pesticides, labor, water. Not only does the IRS recognize the hoop house or a polytunnel as they call it as a farm tool, even on Wikipedia you can find an extensive description on hoop houses as a tool for agricultural crops.
Hoop houses have been in existence in this country since the 1940s After the Coastal Commission banned development of new greenhouses in the Carpentria Valley in the 90s, more local farmers had to turn to hoop houses to protect their crops from rain, wind and cold in the winter. There has been a tremendous development in the setup and use of hoop houses. Hoop houses are temporary. They can be taken down easily and a good example is our local raspberry growers.
This entire industry takes the hoop houses as their traveling equipment. They move to other places in the county, they move to other counties and the hoop structures travel with them. In cut flowers the coverings are changed frequently depending on the climate and weather and they're taken down for crop rotation. Thank you very much. I want us to be aware that even the USDA is in full support of hoop houses, and a large campaign started in 2009 by the USDA to promote hoop houses and to increase the availability of hoop houses to the farmer as a tool in farming. It so says though on every USDA website, hoop houses are tools.
The advantage of hoop houses includes the greater return on investment and more flexibility. I respect the staff of Dr. Russell. This is almost your time so wrap it up. But what I do want to say is they do their work from an office, I do it from the farm. I'm on the land every day, on the fields every day. So please do not make me come back a third time. Option one is where you should be. Thank you.
John DeFrio is our final speaker.
5:54 – 6:008 turns
Good afternoon Chair Hartman and fellow board members. Thank you again for the opportunity to speak here on a new topic this time. Hoophouses are the greatest agricultural innovation since drip data. They are the only environmentally responsible fresh food in farming. As you've heard from my colleague hoop houses increased yields They remove the randomness of our ever-changing climate for farmers. They extend seasons by allowing us to plant a month or two earlier and continue our seasons a month or two later. The main reason that's important to us economically is first and foremost competing against the other large agricultural counties in California like The Oxnard Ventura regions as well as Monterey County where we grow a lot of the same crop.
But, as well against Mexico who is increasingly expanding their seasons for using hoop houses and beating us to markets with much cheaper labor without hoop houses and the cost savings that they bring in increased yields, decreased disease, decreased fungicide utilization, decreased water consumption Without those benefits of hoop houses, farming will go out of business in this county and in the state of Cal.
Farmers are continually being eroded away at our margins. So it would be painful for us to have an added expense of having to come and get these things permitted every six months when we take them out, move them through a different farm. Through my business associates and myself, we currently have 500 acres of hoop houses growing strawberries, raspberries, tomatoes, and squash all within Santa Barbara County in the San Ynez Valley, Santa Rita Hills, and the Santa Maria Valley.
The increased regulatory burden if come in and get permits or tell the county that we're going to move things around all the time. In an already burdened economy would be due, so please I'm also urging option one this is no different than tractors. Thank
you. That concludes public comment.
Thank you. Ms. Harris did you or your staff have any clarifications, anything to add to what we've heard in public comment?
Madam Chair, just to add that as you progress in the options particularly once you get 2, 3 and 4 they do have an exemption component to those. So they're designed to either have the LUDC requirement to make the amendments or try to avoid some of those consistencies but they do have an exempt from permit requirement available to the board for consideration
Could you expand on that a little bit, how that would operate in practice?
So for example option three would be to amend the LUDC to create an exemption level for hoop structures that are 20 feet or less, or less than 20 feet if certain development standards are met. If necessary and if they meet those standards they would be exempt from permits And so the growers would not have to come in and get a permit. If they did not meet those standards, then they would just continue to be permitted currently as a greenhouse.
Option four is similar, it just has a wide range, a whole spectrum available depending upon from an exempt level that they would be exempt from permits to potentially a low-level permit or zoning clearance depending on height or square footage coverage So there's a broader range for those, but each of those options at least seeks to achieve an exempt from permit level. But through amending the LUDC.
Supervisor Adams?
Well, I'm just going to say I think I caused this thing because of the uncertainty of having 5,000 acres of real hoops out there in the field and recognizing that the investment in these things is insane. It's about $15,000 an acre for the structure and the plastic. And I don't know whether it instills in that or not But it's a tremendous amount of money that's out there and we got to tell people to stop doing it if we're not going to just approve it.
And I really think that, you know, we're just...I think all these options are great but, you know, it's just farm equipment. It's the same thing in sprinkler pipe. You know, what's the difference? Nobody can explain to me what the difference is between sprinkler pipe and these things. They're, can both be there the exact same amount of time. And so you know it's a tool they get used for awhile, they move sometimes they get put back up sequentially but most often they don't. They move around and people are doing a lot of ground swapping now. We can rotate crops and stuff, and I just think we're making too much of this.
You need to just tell everybody this is farm equipment and exempt it from permitting because you just can't turn this into a greenhouse. And I know planning sees a building, and many people see a building Or something that pops up out of the ground and has a. What amounts to a roof on it? But that's not what this is. So I guess I'm going to make a motion to adopt option one see where it goes.
6:00 – 6:1013 turns
Second, the motion but I'll get some comments as well.
Please go ahead.
Well, you know and I would think really in Santa Barbara County after you. I had to go out and study these things because they have they've they've cropped up all over the place and it's probably been over the last six or seven years. You know and I really figured out that We really didn't have a good definition or we really it was kind of hard to place it. But after going out and researching these, I'm surprised that the environmental community isn't requiring us to put in hoops.
It's so environmentally superior to open air farming that I think this whole thing is kind of backwards that you would think We'd be getting sued to put the hoops in. So I mean, you know for me it's I can see us doing option one if somewhere down the road that we need to we need to do something different but I have no problem looking at this as as as equipment. It's also something I've been I really want to get this done so that it doesn't impact our, you know at the same time we're trying to build a cannabis ordinance and this is a definite linchpin in that as well. We need to address these because that is also going to be the equipment of choice for some of the outdoor usage in cannabis.
Supervisor Williams and then Supervisor Wolf.
I'm trying, racking my brain to try to figure out why you're wrong and I haven't figured it out yet. More production less pesticide use From temporary structures to me that's an environmental plus and it would be an irony if we have a CEQA challenge based on visual resources when it is substantially improving What I would consider something much more basic, whether we're poisoning ourselves our food.
You know that would be just a painful irony that visual aesthetics trumps what I would call real solid environmental interest and You know I think it's become, I think sometimes people are maybe more resistant to it because they are used longer in some places including in my district but that's in my view because we have banned greenhouses in some of probably the best territory for greenhouse.
Right and so it's an adaptation that the industry has had to go to because we eliminated the best option before any of us were here but I think that's, so I'm trying to figure out why you guys are wrong.
Supervisor Wolf? Thank you Madam Chair. To staff we heard from Ms. Citron about option one requiring CEQA review, can you comment on that? Do we need to do any let's assume we wanted to move forward with option one would we need to do any environmental review
Madam Chair, Supervisor Wolf and I think I'll ask Council to add to this. Traditionally the director interpretations have just been that it's an interpretation of some ordinance provision. And so those historically have not gone through or been subject environmental review. And certainly the context of this is somewhat different because we're trying to rectify a position, defining it as farm equipment when we already have some definitions of hoop structure as a structure.
So our recommendation was that certainly that determination, director's determination could be appealed Part of the context of this is also try to trail the cannabis ordinance and appeal or some challenge on the CEQA grounds could add to delay. And so that's one of the also considerations of not supporting option 1.
OK well I appreciate that and you know I'm not sure who brought up did you bring up the cannabis issue? Someone did. I think that's even more reason that we go with option 4. I think that there needs to be some permitting path. I think this whole notion of it being a tool was not anything that was, I think it's creative but I don't think that is what we ever intended and you know I think the main issue and discussion we had was the height of the hoop structure and then we were moving forward on Permit path and then the other issue came up. And it's not I think we have to be clear that it's not saying you cannot do this, it's just saying that it needs to be regulated.
And I think with what we have coming down the pike, I think that it is that is reasonable to do that. So I would be unless I'm convinced otherwise, I'm in favor of option for staffs recommendation
And I guess I have a question or just, the issue for me with option one is I think it's a poor path to the stated objective of getting hoop houses easing the way. We have a definition and a director's determination that would conflict with that definition if I'm correct and that is ripe for challenge I think a director's determination isn't the right path to go when we open ourselves up to challenge and then it is going to take longer rather than shorter. So it's not a good option for me.
I agree that these structures of all kinds can save water, reduce pesticides sometimes Plants are grown higher up and it's more ergonomically for farm workers and people who harvest. So we have county policies that promote intensification of agriculture although I don't Like the look of them everywhere, I think that's the tradeoff we have to make. However, I am very supportive of a variety of structures not just hoop houses. Some leave hoop houses up for the long run. I know that there is a company in Santa Maria Eager to grow strawberries with no pesticides, very little water and have had a very difficult time because they've been accused of being a greenhouse when they are a structure.
And what happens with these structures if there's gutters? If there are gutters along the bottom, gutters along the top how their water goes. So I think there's a broad range of structures and just to try to force them into one definition of hoop house or greenhouse isn't really adequate to address the new innovations that we're seeing in agriculture across the board. And if we really want to intensify, I think we need to accommodate that. I don't know exactly how to make that point or how we do it in the context of your options but that's my concern so Supervisor Adam.
Well I would ask that if we don't know what we're going to do besides this right now, we just do this right now because for lack of a better quicker easier way to just bless everything that's out there already plus you'll have money to do other things. I mean as little complaints as we've had so far, which is almost nothing to the best of my knowledge. I don't think we're going to get sued.
So and I think it's you know the state of California calls these things farm equipment for tax purposes. So you're just doing the same thing State of California is doing and I think it's really defensible. And we have other things we can spend the money on.
Supervisor Williams and then Supervisor Wolf.
I guess my question is, my understanding is that under option 4 a permit would still be required? I don't want a permit to be required. Is there another option?
Mr. Lackey
6:10 – 6:1614 turns
Madam Chair, Supervisor Williams. Option 4 would have a potential broader range because it's going to look at some alternatives so it would go all the way from still having the option for the board to establish an exempt level that no permits would be required It also may look at a range of maybe a zoning clearance or development plan depending upon if it's, maybe there's a different standard for if it's taller than 20 feet in height or some other reason to have that permit level. But each of these as I was stating earlier, what you've heard from the board, I think all, at least most of the members is that I think the value that we're trying to at least show is do Option for at least gives you the broader range depending upon earlier last year's discussion of well down the road maybe there's.
We're going to have a lot of changes in technology and more innovation that allows you to do with 30 foot or taller structure. So at least you're going to have something in place in anticipation of that. But doesn't
the weakness be that if you went with option one, it would apply to Carpinteria. And if you go with option for your basically thrown us
We're only applying that within the L.U.D.C.. The director's determination interpretation is intended to only apply in inland area. Potentially in the coastal zone outside of Carpinteria. And so the
so option one would only
All of the other options, options 2, 3 and 4 would also apply only to the inland area. We threw in option 5 as maybe looking at the coastal zone outside of Carpinteria and as Julie had mentioned you know sort of that net cost benefit of trying to pursue that to try to expand the list of exempt uses in the coastal zone in the past. The county hasn't had a lot of success in that, so that's one of the reasons why we didn't recommend doing it in the coastal zone outside of Carpinteria.
How can it be farm equipment outside the coastal zone and not be farm equipment in the
That's a long pause.
Well, I think that there's a chance that's part of the challenge is We're going to be talking about a couple of things. The first one is saying well now it's farm equipment you have sort of this dangling issue that you have to deal with the way to try to clean that up is either trying to progress to the next option option 2 is an L U D C amendment. That at least would redefine hoop structures in an area 20 feet or less as
Supervisor Wolf, Adam and then Labanino. And I just want to emphasize it's these options 2, 3 and even 4 aren't necessarily putting more burden on the farmer they are putting a burden on us to not have conflicting definitions of these terms so I think we want to have a clean definition or a clean process that is important to me at least. Supervisor Adam? Supervisor Wolf I'm
sorry
and then Supervisor Adam.
Yeah, I was going to just say what you said Supervisor Hartman and that was the inconsistencies. I think that's mentioned throughout your PowerPoint. The other thing is you know I went back because I seem to recall we had some emails from neighbors In the Lake Marie subdivision who were concerned about this back in November. There was I mean this is one of the reasons we were looking at it was because you know a lot of the neighbors there and some came to speak to us during public comment.
We're concerned not just with the visual aspects of the hoops but apparently, and I'm just reading from this is that they thought they were only going to be up for six months but they were up for longer so there was concern about that and they were also concerned about the environmental impacts of the water quality pollution. So anyway, I guess just in conclusion, I think that's option number four makes the most sense to me even before I went back and found these emails but you know like I said we went up to 20 feet and just to make it easier for staff into Take care of all of those inconsistencies within the county. I think we should go with option four
Supervisor Adam
well first of all You know that those people were invited to my office To talk about this subject and they refused to come in And Well, I'm just telling you how it is so now you know So They didn't show up today and The hoops are all gone The hoops that were in question at the time are gone, haven't been there for quite some time. So this is what the problem is with this whole thing trying to have a permit for everything or even thinking that you need a permit for everything. This is just farm equipment. It comes and goes and this is just a prime case in point. These guys right here were mad about those things and then they disappeared. And they're not there now and I don't know if that has anything to do with the fact that Or the fact that they just changed crops.
But this is what happens with these things, so you know I was gonna call for the question but I do want to hear what Supervisor Labadino has to say.
6:16 – 6:2210 turns
Well my primary concern is the speed at which we can turn this around and so you know obviously one gets done today But you know I don't like the fact that somebody already came to public comment and basically said that it was. Thinking about talking about a possibility of a challenge. And so with that in the back of my mind, but I think any option we do up to the point where we do an EIR that's always still a possibility anyway. And I think that's just ridiculous to go that far.
So but I do think to get rid In consistencies, explain to me what is the process for an LUDC amendment and what's the difference between option two and option one?
Madam Chair, Supervisor Lavinino. So far if the direction is to do essentially 2, 3, 4 or even 5 each involve an amendment to the Land Use and Development Code so staff would prepare sort of the language of the ordinance provisions, do initial study in terms of trying to do some assessment of the potential environmental impacts or not And that has its own comment period, whether it's an ND or at least a recommendation for an EIR. All of that information, the LUDC amendment plus whatever environmental review would go to the planning commission for their recommendation to your board. So even with the option four which was staffs recommendation which is in the long range work program We're we're seeking a fast track that it would probably get to the your board next May trailing couple of months behind okay.
Go ahead.
Madam Chair, Supervisor Lavagnino I think we have to step back for a second and go back over what Julie Harris described earlier the key difference between option one and option two is option one is just planning directors interpretation typically those are only used for situations where there's something unclear in the code you know some sort of inconsistency and then Dr. Russell has granted the authority to make an interpretation about how to interpret those areas of the code whereas Option two, you actually identify what it is that you want to change and you actually formally amend or change the code such that it reflects how you wanted to act.
So I mean, I firmly believe option one is the way to go. But I wanted to I would also like to fix that inconsistency. So why wouldn't we go forward with option one? And if there's a challenge you can always we could always at that point because this thing even if we went with option four let's say we did the full blown EIR it could still be challenged at that point and blow our timeline up anyway correct?
Okay so I mean if we're worried about a challenge A negative deck could be challenged. This could be challenged. So anyway,
I would like Mr. Gazzone to remark or give some insight as an attorney. I believe you don't this isn't the process you have inconsistent that an interpretation by the director is when you don''t know here we have a conflict and I don't think that's an appropriate way but I would defer to Mr. Gazzone insights on this point
Thank you Madam Chair and Supervisors. I'll summarize that the board will get more deference through an amendment of its code as to what you want to do and how you're interpreting it, then the county would get with a director's determination.
Could I ask what is the definition currently in the LUDC? Madam Chair,
definition of hoop structure or structure? A hoop structure is defined as a structure consisting of a lightweight frame with no permanent structural elements, for example footings, foundations, plumbing, electrical wiring and an impermeable removable covering used to protect plants grown in the soil or in containers upon the soil. It includes structures commonly known as berry hoops and hoop houses.
Does it have a height restriction and does it have any permit requirements as it currently
stands? Madam Chair, the definition does not include any comments about height or permitting. Currently the Planning and Development Department permits hoop structures as greenhouses and greenhouses require land use permits for very small structures and by that I mean in area less than 20,000 square feet. And they require development plans for structures that are larger than 20,000 square feet. And the development plan is a permit process that requires environmental review.
6:22 – 6:2921 turns
Supervisor Wolf and then Supervisor Adam.
As I recall the hoop houses that we. We were seeing where we're erected without following through with the permitting process that is that correct?
Madam Chair, Supervisor Wolf. I think the ones that you're referring to from your previous hearings as I recall there wasn't any indication that any permits were either sought or required for those. Were
they not required? Or they weren't sought?
Sought.
Yes but they were required.
As far as the department would treat them as greenhouses and permit them
that way. So what we're doing here is codifying a new permitting path you might say to make it perhaps easier
Yes, Supervisor Wolf. So we would at least provide clear direction in terms of we've got a definition and we'd establish whatever the board's direction is if the board's ultimate direction was to say that certain less than 20 feet in height were exempt from permits then it would, WEC would expressly state that.
So the way I view this then is that we're actually making it somewhat less restrictive for ag users in putting in the hoop houses. And we're just basically cleaning up what maybe wasn't so clear. Like I said, I think we got off track a little bit and I think we should go back to where we were. That's why I think option four is the right approach for us to take.
Thank you Supervisor Adam for telling me about these folks that I had received emails from back in November, but we did just get another one recently from someone else. So it sounds like one may come down but another one is coming up and we need to have some structure I believe so I think this is an appropriate direction for us to
move.
Chair Hartman and Supervisors, just to build on Supervisor Wolf's comments. I think that as planning staff had indicated the differences between options three and four are whatever you want them to be. You can basically clarify within option four that you want certain sizes exempt and that is some direction you could provide today. The benefit of amending the Land Use and Development Code would be to get around the conundrum, or avoid the conundrum. Typically in land use we say that uses that are enumerated are allowed and those that are not enumerated are not allowed. That's the tension you're facing today so an amendment to the land use code would probably be the cleanest way to handle that.
And Supervisor Adam, just one second. I would like to say that's the way I would like to move forward and exempt hoop houses 20 feet or less and up to a certain square footage that doesn't require a permit and then again I'm very interested in these structures as they approach greenhouses and how to make an easier permit path for them so thank you for your patience Supervisor Adam.
Yeah, I just find the whole thing perfectly reasonable to make a determination that it's farm equipment based on the fact that that's exactly what the state says for tax purposes that it is. I mean you're not making something up that's not consistent with higher grade of pay out there someplace so I'm just going to call for the question.
Can I just ask a question first? Thank you. To me the development code is very much under the jurisdiction in the coastal zone of the postal. Commission I do not understand how the definition of farm equipment was within the definition of the within the jurisdiction of the coastal commission so can someone It makes it easier for folks in the coastal
Yeah, Supervisor Chair, Supervisor Williams. I think it's important to keep in mind that the Coastal Act governs the coastal zone obviously so there are different regulations that apply, different definitions and regulations that apply to property within the coastal zone. Hoop structure is a structure pursuant to the Coastal Act so it requires a coastal development permit.
There is no definition of farm equipment in the Coastal Act. So it just basically addresses these sorts of structures as a structure, once again that requires a CDP and it's not as if you can just go ahead and say we'll call it farm equipment therefore it's no longer a structure and therefore no longer requires a CDP so it's a different regulatory scheme. Every
farm that does hoop houses needs to get a CDB to do hoop houses on the coastal
zone? To be more specific, development as defined pursuant to the Coastal Act which includes those sorts of structures does require coastal development permit. I think I'm with
you. Yeah, see this is the thing. I mean somebody else is going to make that determination because that may be with all due respect your opinion and that may be with all due respect your collective opinion but I think Supervisor Williams and I may agree that it's unreasonable in this case so now we'll call for the question.
And was there a second? I assume Supervisor Lavinino would, okay. So we have Supervisor Wolfe last comment. Just
last comment and I would just say that the coastal zone has a definition for hoop structure so why would we, I mean obviously within state structure there are different definitions be it farm equipment or a structure and in my mind I think what the Coastal Commission is stating Is is elevated for me because I look at the coastal zone. At you know visual resources are one thing, but I think that's a primary feature for me and that's why I think that it needs to be different. The coastal zone is incredibly important and and I think that there that is the reason why there are Supervisor Adam.
6:29 – 6:3426 turns
Well, I just want to say that the Coastal Commission has many opportunities all throughout probably Monterey and Santa Cruz and Ventura County to be weighing in on this subject because there is hoops right down to the water in many places in those areas. Because that's what that agriculture is in those areas. So well, I don't think that anybody I do is anybody aware of a permit on a hoop structure anywhere in the state.
Madam Chair, Supervisor Adam, Ventura County does have permitting requirements for hoop structures above a certain size but they have exempted them up to a certain height. A
certain height? Yeah. Is there anybody that's gotten a permit because I'm not aware of anything that's over the 20 foot being used in common usage at this point.
Really quick, I can't speak for Ventura County. I no longer work there but at least from what I've heard during the time I worked there when I spoke with the discretionary permit coordinator recently they had not issued a permit for it. However, I do want to add one point and that is options 1 through 4 do not change the regulations that apply to hoop structures in the coastal zone so keep that in mind only option 5 would involve changes to permitting of structures in the coastal zone.
Supervisor Williams.
My last editorial comment, even if people don't care about the survival of ag on the coast they should care about it just because hoop houses is better than suburban sprawl along the coast that is coastal protection
I think we should have a roll call vote and when I state my vote, I'd like to explain what's behind it. Mr. Gazzone?
Roll-call vote 0–0 · 2 under review
Show transcript
but just for clarity, I'm wondering if you would be open to a small amendment because I think what we're hearing is to move staff's recommendations A, B and C and then at B we have some language that I think would be clear for the director that you're requesting a determination and that language is
The language contained in option one.
Chair Hartman, supervisors so that language would be revised as follows direct the planning and development director to consider using an interpretation of the definition of hoop structures through the appropriate planning and development and CEQA process
Sorry, where am I looking for
this? So you don't actually have that language. We're providing that as is that your motion is to is is to direct the planning director to consider issuing an interpretation, as we've just said. So you're not directing the interpretation here, directing him to consider an interpretation, perhaps a fine point, but that's within his authority as the director.
OK, yeah, that's will amend the motion
And Supervisor Lavinino, you accept that? Okay. Would you have a roll call vote?
Mr. Lavinino? Aye. Mr. Williams? Ms. Wolfe?
No
and
trust me I understand the difference between mansions on the coast and ag on the coast. Thank
you. Mr Adam? Aye. Ms. Hartman?
No it's a procedural issue I think this is a very poor way to proceed with the director's determination that conflicts with our land use and development code. I would be in favor of exempting 20 foot houses through an LUDC amendment process but so I vote no.
Passes 3 2.
Okay moving to item number three.
Chair Hartman and board members since we have many other items ahead of you if you would like for us to dispense with any presentation I'd ask you to let us know.
Should we go to public works and I was told that we could move that very quickly if we wanted to, the various public works 6789.
I would go ahead with the order that we have.
All right.
6:34 – 6:4119 turns
Chair Hartman, members of the board. Item three is from community services. This is a hearing to consider recommendations regarding adjustments to county park fees for special use of day use park facilities and camping fees in establishing new fees.
Thank you. And before we get started on this CEO Miyasato said that we might dispense with staff presentation and I'd like to get the board's sense of that.
I'd like that. I think we've got a public comment.
I would agree. Supervisor Lavanino.
Sure.
All right straight to public comment?
No request to speak.
I move this item. Second.
Would you take a roll
call vote, oh I'm sorry Supervisor Adam. Yeah I had some questions of staff and primary is are we aware of law called government code section 50402. Where it says a city, county or city and county owning property leasing property which is devoted to park amusement or recreational purposes may take they make a charge for use of services provided therein in the amount as may be provided by resolution yada yada.
But to the extent feasible, charges for similar uses or services imposed by a governing body pursuant to this section shall be uniform throughout its area of jurisdiction. So how do we justify having fees at some parks and not at others?
Or the Veterans Center in Lompoc less than the Veterans Center in Santa Barbara.
I think they gave a rational
reason why that is the case.
Chair Hartman and Supervisors, we are familiar with Government Code Section 50402. And I think one of the primary mandates in that is that the charge shall not exceed the cost of the service provided. Staff could provide more detail on any differences in the services provided but the board does have discretion in this area in terms of the language to the extent feasible and that's a determination for the board as to whether you've done that to the extent feasible.
Would you like to comment on that? Sister Ennis? Sister Chapman?
Madam Chair, members of the board. We did look at all our fees. Some of our locations do cost more for staff time to operate and maintain and others cost less. We did look at some of the comparisons that surround our county also we looked at fees and did not want to out Let's see out price are some of our parks where we struggle for gate entrance and people occupying these facilities. Those are some of the reasons we looked at while making these fees.
There's there's a lot of parks that have day use that don't have fee they use fees including Tucker's Grove, Rocky Nook, Arroyo Burrow Beach, Manning has free parking for YMCA people to Wallopie Dunes. And Toro Canyon, and then you have fees. And those fees are going up at Halama. I mean that's my main issue is Halama seems to be I get the fact that we're charging for the camping and most of the charges or costs, I should say are associated with camping people.
And camping pays fees and that's fine but there's day use fees that you know the local people that come in use the thing for the day and then leave are getting sandbag different at Halama and maybe even to Chuma than they are at other places that don't have day use fees and don't have camping. So you know, maybe we should put the cost on all the camping because admittedly there's costs in that but those are the people that should be paying those costs and not the days users.
So Chair Hartman and Supervisor Adam, we do have other parks. Nahori Park, Los Alamos there's a number of parks throughout the county that we don't charge for day use and they are public parks as are the parks you mentioned, Tucker's Grove and some of those. Those are public parks this is a campsite Certainly, we can look at maybe an hour free. I think if it gets inundated the campsite gets affected by the users and ultimately the revenue that we bring in from that campsite may get negatively impacted.
We do rely on that to pay for other parks. Some of that revenue does go into investing in some of the other county parks as well, so I think as Brian said there's a balance.
Well let me just stop you right there though because here is the inherent unfairness in charging day use fees to subsidize other parks that don't Thank you, Mr. Chair and members of the public. And then not at other parks when we freely admit that we're taking money from some park and in part they use fees to subsidize other parks that don't have any fees at all.
6:41 – 6:5129 turns
And Chair Hartman and Supervisor Adam, I understand what you're saying. And again it's the same with concessionaires as well. We have concessionaires in other parks that help provide services throughout the county for everyone. I think what we're trying to do is maximize as much of the revenue as we can to help provide countywide services throughout the parks.
It is a policy issue if you want to revisit the day use for Halama that would have some impacts. It is your decision.
So how much, like at Halama, what's the difference between what are we getting in day use and what are we getting for camping? Is it mostly day use or mostly camping or what's the split?
Supervisor through the Chair. Most of the revenue at Halama is generated by camping revenues. We do approximately $150,000 to $200,000 in day use revenues at each camping park. They both charge $10 to enter the camping parks. They're both 24-hour facilities, unlike our day use parks so there's a little bit more cost in those parks. Okay so I'm not a big
camper meaning I've never camped. So now I've been a couple times but it's not what I... So question is if you're doing camping do you also have to pay the day use fee?
Supervisor the chair, that's not correct actually. The day use fee is included in the campaign fee. Okay
all right so okay well I'd be interested to at least just tell you I mean we can do whatever we're going to do today but I think it would be good to come back and say okay day use park by park what why are we paying some and not others?
Excuse me chair members of the board and the two facilities that we do have a day use our camping facilities. That's Halama Kachuma all other facilities parks have no No, no entrance fee and we do at some of our parks have they used for group areas where large groups go in and there's 200 300 people so to answer Commissioner Adams or The question is our day use is only at 2 locations. Lama Kachuma and the fee has not changed
right that that's kind of a point I was getting to is is that. The day use really does anything do with camping so to say because it's not really included in the cost rate, I mean though you got campers and yet they use people. So what does it matter if we have campground. I mean because we're saying that the only 2 places that we charge for day use is
Because the only parks you need to staff are the ones that have campsites at.
But this is all for maintenance and all the other kind of good stuff? Let's just give it everybody free.
And both those parks have gates where we are staffed, as Doss has mentioned there.
Supervisor Wolf, did you have something? Supervisor Adam.
Well that's a really good idea I think we should come back at some point and have a discussion about what our costs are and what the revenues are on every park. And that way we can take a look at where the costs are and what services you provide at different parks because you do have costs at all the parks Because you got people rolling around emptying the trash cans if nothing else and mowing the lawns and all that, right?
We can certainly do that.
And some are minimal. Some are maintenance costs. Some are just restroom cleaning, that sort of thing. There are rangers that actually rotate throughout some of the parks, so it's not full-time staff. Versus the Kachuma Lake and Halama that has full-time staff there cleaning cabins, cleaning the entire making sure things operate properly. We have gate staff people who are manning the gates. We don't have that in the public parks, most of the day use parks just those two camping sites.
Supervisor Wolf. Thank you Madam Chair I think if we keep having staff go back and come back to us with more information, I can't tell you the number of times we have heard this from our park staff. This also went to the Parks Commission and they approved these fees. The point is that Halama and Kachuma are different than any of our other beaches or any of our other parks If you're going to start looking at entrance fees and you're going to have to start looking, and I've said this before. You're going to have to look at the amount of money that is generated from the parks because Henry's Beach generates over a million dollars. It's one of the parks that supplements some of the other parks that are in the other districts. So it's just like we keep going in circles on this issue.
And I think staff continues to remind us what the differences are, why there's a fee. I really don't believe a $10 fee because I've been to Halama is outrageous. When I go there, I am there the whole day because it takes a long time to get there. And so it's the day park. I mean, it's totally different than going to Tucker's Grove where people will go for a picnic or retirement party. It's just different and I think the way that you folks have laid out the fee schedule makes sense and I'm going to go back to what I said earlier.
You know, I wasn't going to bring this up but you notice that Lompoc Vet Center isn't being charged as much as the Santa Barbara Vet Center. Well okay why is that? Why isn't everything the same? Why aren't you charging the same fee for Lompoc Vets in the auditorium the same as you're charging Santa Barbara Vets Auditorium? Well, I get it. You explained why in your board letter. It's because it's not being used as much and you want more people to come. So I just think at some point we have to stop asking staff to keep coming back on this issue and just... We started off just accepting the report and now we're at this point where we're saying come back with more information and I think that needs to be a motion because I will not support it.
I think this is enough already. We've got so much on our plate
And I would second that motion Supervisor Lavanino.
Well, I do have to answer one thing and one thing only is it ten dollars? Ten dollars. No, I'm not disappointed. Ten dollars is not a big deal if you're going to Halama. But if you ask somebody to pay a dollar to go park at one of our parks in the South County, that turned out to be like these people are never going to be able to afford it. So I'm just saying it can't be one or the other. I get what you're saying we've been over this a million times but it's because we feel like there's an inequity that's why and if you don't raise it.
You know that's not fair to our folks
Well and also I'm not asking for the same stuff over and over again. I'm asking for what are the costs on all of the parks, each and every park? You know it's in the spreadsheet right? Print it out and just give it to us. And that way we know we're spending our money, and then if you can see the inequity of where the money comes from and where the money goes to then we could say listen we've got to charge people a dollar to walk through the gate And if there's enough cars there where it makes sense, you know if it's a small park and I'm not saying pocket parks or something like that where people actually walk on.
I'm saying major parks that people are walking in or driving into maybe it's $1. You know it's not going to kill anybody to pay $1 to drive into a park and contribute to its maintenance and staffing and stuff.
We have a motion and a second to accept staff's recommendation. The question then I think is what we want, what kind of direction we want to give staff going forward? So let's take the first first and then we, I don't even think we need a motion I just think we need a general sense of whether we would like staff to go do some more work and when to come back with it so CEO Miyasato did you have something you wanted to add?
Supervisors I was just going It's part of the fall and going into next year's budget. I mean, going to the 18-19. We're going to bring back a whole host of things with lots of research and lots of information. We can just talk to Parks and provide more information to you as part of that process, not come back specifically on this. It could just be part of information that we would bring back as part of that endeavor.
Or if you'd like maybe we can provide you with an email or memo instead of coming back? Would you like a memo with that information?
I think it comes, we've got this budget. We've got certain assumptions. I don't think this is the time to change those. We have next year's budget that will be coming up sooner than we think and perhaps something for that would be appropriate. Supervisor Adam?
And I'm happy with that. That's fine as long as we get that noted on there.
Okay would you call the roll call vote Mr. Allen.
Mr. Lavinino. No. Mr. Williams, Ms. Wolfe?
Aye.
Mr. Adams? No. Ms. Hartman?
Aye, surprised when you said you were okay with that to vote no but okay we got three ayes
let's move to the next item.
6:51 – 6:5312 turns
Chair Hartman, members of the board. Item four is from General Services. It's a hearing to consider recommendations regarding Chapter 2 Article 6 Sections 2-38, 29, 40, 43 and 46 of the Santa Barbara County Code Purchases and Contracts.
Board members we could dispense with the presentation if that's your desire. This is an administrative item purchased, this is a way to improve our purchasing processes so that we can what we call piggyback off of other agencies' processes.
So the sense of the board about a staff presentation?
I'm fine with what we have in our packet and thank you for coming up with this but maybe you can just introduce the gentleman next to you.
Chair, members of the board sitting next to me is Jodey Lacerda he's our purchasing manager he joined the team in September and he leads a small but mighty team of four total people so it's Jodey Lacerda, Feng Loman, Mark Masoner and Jodi Johnson And we do quite a lot of important work, doing many critical purchases acquisitions and RFPs so please get familiar with Joe and the team. And they will actually be relocating right now down to the basement which would be a better point that sounds bad but it will be a better point for the public and for vendors to come interact with our purchasing division.
We hope it's not damp. So are there any questions Supervisor Adam?
No I was just going to second the motion.
Okay let's, is there any public comment on this item? Any speaker slips.
No request to speak.
All right we have then a motion.
I'll make a motion to accept staff recommendations.
Okay a motion and a second all in favor say aye. Aye. Any opposed? Motion passes. Item 5
6:53 – 6:583 turns
Chair Hartman, members of the board. Item five is from the Public Health Department. It's to consider recommendations regarding an ordinance establishing fees for extended producer responsibility stewardship as a program for safe drug disposal.
Chair Hartman and members of the board. Today, the Public Health Department brings an ordinance establishing fees for their extended producer responsibility stewardship program for safe drug disposal. This program was developed with leadership from the Board, the Sheriff's Department, Public Works, and the Public Health Department. Larry Fay, our Environmental Health Services Director will provide specifics for your consideration.
Thank you, Susan. Madam Chair, members of the board, it's been a really long day for you guys and for some of us as well and I'm going to suggest we kind of cut straight to the chase on these recommendations on fees for the extended producer responsibility rather than going through the whole PowerPoint. Thank you Mr. President thank you members of the board I just want to say real briefly the ordinance was adopted last year and one of the provisions for us to come back and recommend fees that would cover the cost of actually implementing our proposal The reason why we are. Implementing an extended producer responsibility ordinance like this is rather than going to a- that fee. That we would actually do and hourly billing they'll be in actually a- I have.
An initial application fee and then the subsequent hourly billing for any time it goes over the basic review of plans exactly three components to this- there is an initial plan We have a system in place for collecting and disposing properly the unwanted unused medications. There is a required plan update every three years, those are two kind of major undertakings when a plan gets submitted we have to review it make sure that things are consistent with our origins and then there's an annual cost that we have for overseeing the implementation of the plan ensure that the stewardship organization or the producers actually following the plan they presented to us so we are proposing Let's go ahead and skip right to it. We're proposing for the initial plan review two fee categories, one for a plan that would represent six or more producers, an initial fee of $2,720 that would cover the first essentially 20 hours of review time, and a fee for a small plan one-to-five producers of 544 that would cover essentially four hours of review time The three year plan which is really an update of the already adopted plan shouldn't be a major review for us we're proposing the six plus.
Six or more producers at five hundred forty four dollars and one to five producers at two hundred seventy two dollars any time spent in excess of that initial fee would be billed at our rate of one hundred thirty six dollars an hour- if it Minimal time on our part and we could say Yahoo, you're approved. We would refund any difference in that initial deposit to the provider.
The annual fee we are proposing basing that on $119 per producer within a plan. In our case I really expect we're going to get one stewardship plan that's being put together by the Pharmaceutical Products Stewardship Working Group All the son of our med project right now. They have I think 357 producers that are Participating in the plan that they're currently drafting that gives you an idea what our annual revenue would be to Support the program We are Getting close to the time which plans will be submitted. We've been having ongoing discussions with the Santa Barbara County Med Project kind of helping them get connected with the various pharmacies in an area that could be hosting bins we've been working with them on identifying the producers that are marketing in Santa Barbara County just doing a lot of groundwork and prepping for the plan.
We should be seeing the plan from them in July. We have three months to review that plan. We can either approve it, or we can turn it down most likely and based on the experience we've been hearing from the five other counties that have done this already is the plan will come in with some deficiencies and we'll have to do some back-and-forth until we get a final plan.
Once the plan is approved they have 90 days back to begin implementing at 18 months after beginning of implementation of the plan there's an initial report Mr. Fay, Supervisor Lavinino has a question.
6:58 – 7:0214 turns
Thank you Mr. Faye. Question is, so it's the actual producer that is paying the cost of it?
Supervisor Labunita through the chair. Yes, it's indirect. Essentially what's happening here now is the Santa Barbara County Med Project is signing up the producers. They're figuring out what it's going to cost them to run the program and then they have some kind of formula that they're charging the producers to participate.
Just as a side note, I did mention this to my pharmacist son last night and he said well that sounds like a great idea. He says you might want to target the doctors that are doing the actual overprescribing and not actually the producer because that might solve two problems.
Supervisor Lavagnino through the chair one of my staff members just yesterday came in and his mother passed away on the weekend from cancer He came in with a grocery bag full of stuff and said, Larry I know you're working on this. What do we do with it?
Supervisor Adam and Supervisor Williams.
Well I just don't have any problem with it at all. I just want to be intellectually honest about it. Consumers are going to pay period end of story. The producers are going to have the nominal cost but its going to get loaded in the price of the prescriptions and that's the way that is so. And not that we don't need to do something with those bags. When my father died two years ago, we ended up with a grocery bag full of stuff too so and I'm sure at some point we're all going to leave a grocery bag.
Later not sooner. Supervisor Williams.
I think that assumes that drug companies are not charging what they can charge right now. They're charging what the market will bear What people are willing to pay right now. And so they're not going to raise that price just because of this little small little fee because they're charging the price unless they're in business a charity. They're going to charge whatever they can get away with. Yeah and this is to me really important issue I mean a lot of the things that we do here are really important but don't Always safe lives.
There are kids dying in our community because there's just too much old prescription drugs being around, just around there. There are kids dying every year and this is a small charge but it I would like to Have drug take back centers. So please if you're watching this on TV don't leave old drugs in your cabinets, your drawers especially if you have preteens and teens there's just too many ways where this finds itself on the legal market or with teenage pill parties and kids die.
Supervisor Adams
I'm going to make a motion. Did we get public comment?
No,
no request to speak.
OK then I'll make a motion to accept staff's recommendations.
All in favor say aye. Any opposed motion passes.
7:02 – 7:0413 turns
Chair Hartman, members of the board.
Moving on to item six this is from Public Works. It's a hearing to consider recommendations regarding County Service Area 12. This is Mission Canyon Sewer District ordinances relative to sewer connection fees, sewer service charges and a resolution relative to collection of said charges on the tax roll. This in the first district
Good afternoon Supervisor Hartman and board members and as the clerk mentioned this is one of four fee adjustment items we have today as well as amending a county ordinance for some weight limits on a bridge. And as CO Miyasato said, we can just go right to the recommendations if you like on the presentation and answer any questions you may have.
Are you going to take all the items in one?
We can do them individually and we can do them pretty quick if you like. And our recommendations are up here now for CSA 12, Marty Wilder our Utilities Manager is here and maybe he can run through the recommendations real quick.
Madam Chair members of the board. This is the annual hearing to consider rate adoption for sewer services for County Service Area 12. We propose to increase the annual rate from $264 to two hundred eighty nine dollars and forty four cents and to maintain the connection fee at five thousand six hundred thirty three dollars per connected.
Are there any questions? Do we have any public speakers?
No request Madam Chair.
May I have a motion?
I'll move it.
Second. All in favor say aye. Aye. One abstention. Supervisor Adam isn't here to vote.
The record reflects four ayes and one absent. Mr.
McLaughlin? Yes. Oh I'm sorry, Mr. Allen would you like to vote on item six that we just. Yes. So that'll be 5 SIP and read item number 7 into the
7:04 – 7:1332 turns
record. Item seven is from Public Works hearing to consider recommendations regarding establishing benefit assessments for county service areas 331 in the North County Lighting District for fiscal year 2017-18 this is in the second third and fourth districts
Madam Chair board members no changes to the assessments in CSA 3 and 31. And again this year do not establish a benefit assessment in the North County Lighting District we have adequate reserves to cover those
costs. Any questions?
No request to speak.
Okay I'll move this item. Second. All in favor say aye. Any opposed? Motion passes
Number 8. Chair Hartman, members of the board and number eight again from Public Works this is a hearing to consider recommendations regarding an amendment of weight limits specified in county code section 2310 in the first second third and fifth districts.
And this is a break from the fee adjustments so I'll turn it over to Chris Sneddon for the recommendations on the weight limits for bridges
Good afternoon. We have two recommendations to amend the County Code 2310 one is to add a weight limit on this bridge on Padaro Lane for 16 tons and the other ones are just housekeeping items for bridges that have been replaced and we're removing the weight limits on those. I'd be happy to answer any questions you have. Do we have any questions?
Supervisor Adams
I'm just wondering why there are more people here for public comment. It's just shocking.
Do we have any public comment?
No request to speak on this item.
I'll move this item.
Second. All in favor say aye.
Aye.
Number nine.
Chair Hartman, members of the Board. Item 9 for Public Works is a hearing to consider recommendations regarding solid waste tipping fees collection rates and parcel fees for fiscal year 2017-18.
Madam Chair, again we can go to the recommendations and we're available to answer any questions you may have on Tegas. We have our team from Resource Recovery and Waste Management here as well. Leslie Wells and Tom Charity who work on the rates every year do a fabulous job.
Thank you. Any questions?
Supervisor Wolf. Thank you Madam Chair on slide 11 there's ranges for a fee increase how is that ultimately determined?
Chair Hartman, Supervisor Wolf so the reason that there's such a variety is because your collection Your collection cost is based on a number of factors. And for example, approximately 50% of your rate or 58% is tied to the cost to collect the material that you have places in Montecito where the cost to collect is significantly more than for example homes off of Hollister where you're picking up many more homes per hour so That can affect the difference in the rate. Also, what can affect the difference is where your material's handled. So for example on the South Coast we're proposing to increase it to $99 per ton which is higher than if your trash was being disposed at the City of Santa Maria's landfill which is closer to $72 per ton. There's a variety of factors that affect the specific rates by collection area.
Okay so I was just looking at the south coast. So you could have someone in Montecito that pays more than someone who lives on Hollister?
So Chairwoman Hartman and Supervisor Wolf, yes we have five different collection zones and even within those zones there are differentiated rates.
Thank you Madam Chair. Any other questions? Public comment?
We have one request to speak Anna Citrin
Hello again, Chair Hartman and Supervisors. I'm Ana Citrin with the Law Office of Mark Schipullo representing the Gaviota Coast Conservancy. As you know, the Gaviota Coast Conservancy has been involved for a long time regarding all things respecting the Tijuana landfill. One sort of procedural question I have at the get-go is why the county didn't notice a prop 218 hearing for this rate increase. I know the city is holding a prop 218 hearing on the 13th of June to consider similar rate increases and I'm curious as to why the county hasn't followed that notification and hearing procedure? I think you probably would have seen a lot more interested people I'm here in the room to comment on this rather significant increase in rates if there had been that notice provided.
I also understand staff is recommending moving ahead with the rate increase that's necessary to facilitate the Tahequs resource recovery project in spite of the fact that a new unanticipated delay in that project has come up. And as you all know, the Coastal Commission process to the extent that is required introduces considerable uncertainty including what will be done with portions of the landfill that are now in the coastal zone that haven't secured permits for their activities.
So what we would urge is that you take this opportunity to pause and to reflect and to direct staff to reevaluate alternatives that would help the county meet the state diversion goals and the objectives of our climate action plan. Using alternatives to this project because I don't think it's a sure thing and the longer we wait, the more trash keeps accumulating in the landfill. There are many options that could be taken including instituting a residential food collection route or program increasing the frequency with which recyclables are collected.
You just heard I know the city of Santa Maria landfill that is operating currently is different from the one that has almost secured its permits but there will be a new regional landfill up there and there's new technology coming online all the time including electric long-haul trucks that make that a much more feasible environmentally friendly solution So we would really urge you to, to not just assume that this TRRP project is going to happen because it's already been delayed. It was incredibly complicated as you heard the financing was incredibly complicated and I think to assume that it's a sure thing really puts all county residents at a disadvantage because then we're gonna be scrambling to figure out what we do next And that could come at considerable cost to rate payers and to the environment as well.
So we would urge you to think twice about approving this rate increase and again consider alternatives that would avoid industrializing the Gaviota Coast further.
Thank
you.
Mr. Cassoni, would you respond to the 218 hearing question?
Chair Hartman and supervisors, we'd had a similar question I believe maybe six months ago. And our answer is the same and that is in Santa Barbara County, the county code section 17-6 has an opt out provision for regular waste collection services. It's an application to Director of Public Works so it's not a mandatory fee that would trigger 218, it's a fee for services.
So there's a large distinction on that.
Supervisor Williams?
I'll try to be brief but public speakers comments just brought to mind that sometimes it's necessary to urge environmentalists to be internally consistent in their values. And for me the idea that the solution for waste on our coast, on our South Coast is not to process it in the most environmentally beneficial manner To ship it up into North County and then bury it in the landfill is totally morally indefensible.
When we have better technologies, we can divert and reduce waste the right way and process it in our area instead of forcing it on other people to bury it in their backyards
7:13 – 7:1822 turns
Seeing no more lights.
I second that motion.
We need a motion. We need a motion
please. May I
have a second? All in favor say aye. Aye. Any opposed? Motion passes. Item number 10.
Chair Hartman, members of the Board. Item 10 from Public Works and to the Board as the Board of Directors of the Flood Control and Water Conservation District is a hearing consider recommendations regarding the flood benefit assessment program for fiscal year 2017-18. And
Madam Chair, board members our last item for the day and I think yours as well are flood control benefit assessments for next fiscal year. Tom Fairham's here to answer any questions you may have.
Supervisors did you I would
just say Madam Chair. This is an annual increase as approved by the voters for this assessment
Thank you any questions here Any public comment
no request to speak
all right may have a motion A second? All in favor say aye. Motion passes and before we adjourn Supervisor Wolf had a short announcement. Thank you everyone I
just want to take the liberty of introducing Godier in the back. There he is. He is an intern in my office, he is from the French University in Paris and he's studying American government and he is with us for a month so I'm sure he really enjoyed today's meeting as an example of American Government in action.
Well I just want to say it's very cool that you introduced him and, you know, to come to this country where the flowering of liberty has been fruitful from another country where the flowering of liberty has been a beacon to the world I think is really awesome.
Thank you and he's already proved to be quite valuable in our office. Chair
Hartman? Yes. Just a quick comment on Gautier, he's proved invaluable to me too because I received a traffic ticket in France last year and he interpreted it for me and took care of it.
There you have it. Supervisor Lavanino.
Thank you Madam Chair if I could I would like to close today in honor of Fidenzio Bruno Brunello who passed away a longtime educator in Santa Maria he was actually served 57 years in various capacities as a teacher principal assistant superintendent and finally a board member and he and his wife Jackie involved in probably just about every Community-based organization in Santa Maria and he passed away last week.
I'm sorry to hear that. And Supervisor Lavinino, is there a sports announcement about a CIF championship you'd like to add?
Santa Maria Saints first CIF baseball championship in 57 years but she'll be hearing more about that in her resolution I think.
Oh good okay. So with that I adjourn this meeting until June 12 Monday for budget hearings. Next Monday, Wednesday and possibly Friday we may finish early but that's what is on our schedule thank you.
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