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SANTA BARBARA COUNTY COUNSEL
RACHEL VAN MULLEM, County Counsel
CALLIE KIM, Deputy County Counsel (SBN 257213)
105 East Anapamu Street, Suite 201
Santa Barbara, California 93101
Telephone (805) 568-2950 / Fax (805) 568-2982
E-mail: ckim@countyofsb.org
Attorneys for Respondents
COUNTY OF SANTA BARBARA,
BOARD OF SUPERVISORS OF THE
COUNTY OF SANTA BARBARA,
LISA PLOWMAN, ROB HAZARD,
TRAVIS SEAWARDS, and
DAS WILLIAMS, FIRST DISTRICT SUPERVISOR
Exempt
from filing fees [Gov. Code, § 6103]
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SANTA BARBARA
13 (ANACAPA DIVISION)
14
15 JANA ZIMMER, an individual and Case No.: 24CV00199
TRUSTEE OF THE SOLOMON-
16 ZIMMER LIVING TRUST,
REQUEST FOR JUDICIAL NOTICE
17 Petitioner, AND DECLARATION IN SUPPORT OF
vs.
RESPONDENTS’ DEMURRER TO
18
PETITIONER’S VERIFIED PETITION
COUNTY OF SANTA BARBARA,
19 FOR WRIT OF MANDATE,
BOARD OF SUPERVISORS OF THE
PROHIBITION, OR OTHER
COUNTY OF SANTA BARBARA,
20 EXTRAORDINARY RELIEF;
LISA PLOWMAN, DIRECTOR OF
COMPLAINT FOR DECLARATORY
21 PLANNING AND DEVELOPMENT,
RELIEF AND DAMAGES
ROB HAZARD, FIRE MARSHAL,
22 TRAVIS SEAWARDS, DEPUTY Writ filed: January 16, 2024
DIRECTOR OF PLANNING AND
23 DEVELOPMENT, DAS WILLIAMS, Judge: Hon. Colleen K. Sterne
FIRST DISTRICT SUPERVISOR, Dept. SBS
24
DOES 1-25, in their official and
individual capacities, HEARING: April 29, 2024
25
26 Respondents.
27
28
IRA
co SEL -1-
105 201
01 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER
TO THE COURT, AND TO ALL PARTIES OF RECORD AND THEIR
ATTORNEYS:
In support of their Demurrer, Respondents COUNTY OF SANTA BARBARA, BOARD
OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA, LISA PLOWMAN, ROB
HAZARD, TRAVIS SEAWARDS, and DAS WILLIAMS, FIRST DISTRICT SUPERVISOR
(collectively “County”) through their attorneys of record, request that the Court take judicial
notice of the records listed below pursuant to California Evidence Code sections 452(b) and 453.
1 Excerpts from Santa Barbara County Ordinance No. 5171, a true and correct copy of
which is attached hereto as Exhibit 1.
10
Excerpts from the Santa Barbara County Code, Chapter 15 (Fire Prevention), a true
11 and correct copy of which is attached hereto as Exhibit 2.
12 This Court may take judicial notice of Exhibits 1 and 2 because they are legislative
13 enactments by the County of Santa Barbara, a public entity in the United States. (Evid. Code §
14 452(b); see also Desmond v. County of Contra Costa (1993) 21 Cal.App.4th 330, 336 (taking
15 judicial notice of county ordinances); Consaul v. City of San Diego (1992) 6 Cal.App.4th 1781,
16 1800, fn. 10 (taking judicial notice of land development ordinance). A court must take judicial
17 notice of a matter specified in Evidence Code Section 452 if. party requests the court do so, gives
18 adverse parties sufficient notice of the request to enable them to prepare to meet the request, and
19 furnishes the court with sufficient information to enable the court to take judicial notice of the
20 matter. (Evid. Code, § 453.)
21
DATED: March 12, 2024 RACHEL VAN MULLEM
22 SANTA BARBARA COUNTY COUNSEL
23
Calle Patton Kim
24
By Callie Kim, Deputy County Counsel
25 Attorneys for Respondents
COUNTY OF SANTA BARBARA, BOARD OF
26 SUPERVISORS OF THE COUNTY OF SANTA
BARBARA, LISA PLOWMAN, ROB HAZARD,
27 TRAVIS SEAWARDS, and DAS WILLIAMS, FIRST
DISTRICT SUPERVISOR
28
SANTA BARBARA
COUNTY COUNSEL -2-
105 E, AnapamuSt 201
Santa Barbara, CA 93101 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER
(805) 568.2950
EXHIBIT 1
Attachment A
BOARD OF SUPERVISORS
COUNTY OF SANTA BARBARA, CALIFORNIA
ORDINANCE NO. 5171
Case No: 22O0RD-00000-00007
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA
BARBARA AMENDING AND ADOPTING CHAPTER 10 OF THE COUNTY CODE AS
THE BUILDING CODE OF THE COUNTY OF SANTA BARBARA
Whereas, the Board of Supervisors of the County of Santa Barbara finds and declares
that there exists in certain areas of Santa Barbara County conditions and situations that
require modification of California codes for buildings and related construction, and further,
that these conditions and situations require specific legislative action to provide for the safety
and health of the populace of the County and;
Whereas, the Board of Supervisors hereby finds that following geological,
topographical and climatic conditions exist in the County of Santa Barbara necessitating
enacting local amendments specifically identified herein:
a) That Santa Barbara County is prone to extreme weather conditions, from hot, dry winds from
the east (Santa Ana and sundowner winds), to strong westerly (coastal) winds, which greatly
enhance the ability for fire to spread as reflected in devastating recent fires. In addition, the
topographical layout and features of the county make the area subject to isolation should a
flood or earthquake occur, which would prevent or severely limit and delay the north and
south entities from giving or receiving mutual aid and emergency assistance;
b) That section 702A of California Building Code and section R337.2 of the California
Residential Code allows local agencies to designate a geographical area as a Wildland-Urban
Interface Fire Area. There resides a map in the County of Santa Barbara Building & Safety
Division of the Planning & Development Department entitled “High Fire Hazard Area Map”
that accurately reflects significant risk from wildfires based on a history of wildland fires in
the County and shall be used to identify a designated Wildland-Urban Interface Fire Area,
Page 1
Attachment A
Article Il. - Part 1. Primary Building Code
Sec. 10-2.1.1. - Adoption.
The California Building Code, 2022 Edition, promulgated by the California Building Standards
Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, based on the 2018
edition of the International Building Code, published by the International Code Council, 500 New Jersey
Ave., NW, 6th Floor, Washington, D.C. 20001 is hereby adopted and enacted as amended as the Primary
Building Code of the county and made a part of this Code by reference.
Sec. 10.2.1.2. - Amendments.
A Chapter 2 of the California Building Code (Definitions) is hereby amended by adding the following
definition:
Greenhouse is a commercial or agricultural structure as defined in section 35.110 of the Santa
Barbara County Land Use Development Code.
Section 701A.3 of the 2022 California Building Code is hereby replaced in its entirety to read as follows:
701A.3 Applications. New buildings, additions and alterations located in any Fire Hazard Severity
Zone or any Wildland-Urban Interface Areas designated by the enforcing agency constructed after the
application date shall comply with the provisions of this chapter. Only the altered area of existing
building needs to comply with the provisions of this chapter unless otherwise exempted herein.
Exceptions:
4 Alterations to the existing buildings where less than 50% of roof framing is modified or
replaced,
Alterations to the existing buildings where less than 50% of exterior walls exterior finish
material is modified or replaced.
Buildings of an accessory character classified as a Group U occupancy and not
exceeding 120 square feet in floor area, when located at least 30 feet from an applicable
building.
Buildings of an accessory character classified as Group U occupancy of any size located
at least 50 feet from an applicable building.
Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this
code (see also Appendix C — Group U Agricultural Buildings), when located at least 50
feet from an applicable building.
D. Section 702A of the 2022 California Building Code (Definitions) is hereby amended by adding the
following definition:
Page 14
Attachment A
B. For projects that comply with the electric vehicle charging station checklist, the applicant
may submit the permit application and associated documentation to the county's Building
Safety Division by personal, mailed, or electronic submittal.
An application that satisfies the information requirements in the checklist, as determined
by the building official, shall be deemed complete. Upon receipt of an incomplete
application, the building official shall issue a written correction notice detailing all
deficiencies in the application and any additional information required to be eligible for
expedited permit issuance.
Upon confirmation by the building official of the application and supporting documentation
being complete and meeting the requirement of the checklist, the Building Official shall
administratively approve the application and issue all required permits or authorizations.
10.17.5 Appeal
The decision of the Building Official to approve or deny a permit for an electric vehicle charging
station may be appealed to the County Planning Commission in compliance with Section 35.102
of the County Land Use and Development Code or Section 35-182 of the County Article I!
Coastal Zoning Ordinance.
SECTION 2
This ordinance shall take effect and be in force thirty (30) days from the date of its passage; and shall
only become operative and be in force upon January 6, 2023, which is after the finding and the
modification or change will have been filed with the California Building Standards
Commission. Before the expiration of fifteen (15) days after its passage, the ordinance, or a summary
of it, shall be published once, with the names of the members of the Board of Supervisors voting for
and against the same in the Santa Barbara News Press, a newspaperof general circulation published
in the County of Santa Barbara in compliance with Government Code Section 25124.
PASSED, APPROVED, AND ADOPTED by the Board of Supervisors of the County of Santa Barbara, State
dayof December
of California, this 6th 2022, by the following vote:
AYES: Supervisors Williams, Capps, Hartmann, Nelson and Lavagnino
NOES: None
ABSTAINED: None
ABSENT: None
\n u\\ ol —
JoANH RTMANN, CHAIR
BOARD OF SUPERVISORS
COUNTY OF SANTA BARBARA
Page 30
Attachment A
ATTEST:
MONA MIYASATO, COUNTY EXECUTIVE OFFICER
CLERK OF THE BOARD
By: ne Mea la
Deputy Clerk
APPROVED AS TO FORM:
RACHEL VAN MULLEM
COUNTY COUNSEL
By: Akh
Deputy County Counsel
Page 31
EXHIBIT 2
Sec. 15-3. - Amendments to the 2022 California Fire Code and portions of the 2021 International Fire Code.
The 2022 California Fire Code and portions of the 2021 International Fire Code are amended as follows in
order to properly safeguard the health, safety, and welfare of the people, property and environment of
Santa Barbara County:
(a) CHAPTER 1 — SCOPE AND ADMINISTRATION
DIVISION II - ADMINISTRATION
PART 1-GENERAL PROVISIONS
SECTION 101 SCOPE AND GENERAL REQUIREMENTS
101.1 Title is amended to read as follows:
These regulations shall be known as the Fire Code of Santa Barbara County, hereinafter referred
to as "this code."
SECTION 102 APPLICABILITY
102.1 Construction and design provisions is amended by adding the following:
Exception: This section shall not apply to any agricultural buildings, specifically exempted in Santa
Barbara County Code Chapter 10, Building Regulations, which reads as follows:
Agricultural buildings not exceeding 3,000 square feet in enclosed floor area constructed and
used to house farm implements, equipment, hay, grain, poultry, livestock or horticultural
products. Such buildings shall not be a place of human habitation nor a place of employment, nor
shall such buildings be used by the public, be used to store hazardous materials in violation of
the Fire Code, nor contain plumbing, mechanical, electrical, structural or architectural features
that may reclassify the occupancy or the character of the occupancy of said building as
determined by the Building Official. See Section 10-1.6 of the Santa Barbara County Code.
And provided that, whenever there is any change in the use or occupancy of such building so that
it no longer meets the above-listed specification for exemption of agricultural buildings, the
building must comply with the requirements of this code prior to making such change of use or
occupancy.
PART 2-ADMINISTRATION AND ENFORCEMENT
SECTION 103 CODE COMPLIANCE AGENCY is adopted in its entirety with the following
amendment:
103.1 Creation of Agency is amended to read as follows:
6. Identification and assignment of personnel responsible for maintenance of systems and
equipment installed to prevent or control fires.
7. Identification and assignment of personnel responsible for maintenance, housekeeping
and controlling fuel hazard sources.
—
(e) CHAPTER 5 - FIRE SERVICE FEATURES
SECTION 501 GENERAL
501.1 Scope is amended to read as follows:
Fire service features for buildings, structures, and premises shall comply with this chapter,
California Code of Regulations Title 14, and the Santa Barbara County Fire Department
Development Standards.
SECTION 503 FIRE APPARATUS ACCESS ROADS is adopted in its entirety with the following
amendments:
503.1 Where required is amended to read as follows:
Fire apparatus access roads shall be provided and maintained in accordance with Sections
503.1.1 through 503.1.3, California Code of Regulations Title 14, and the Santa Barbara County
Fire Department Development Standards.
503.2 Specifications is amended to read as follows:
Fire apparatus access roads shall be installed and arranged in accordance with Section 503.2.1
through 503.2., California Code of Regulations Title 14, and the Santa Barbara County Fire
Department Development Standards.
503.2.1 Dimensions is amended to read as follows:
Fire apparatus access roads shall have an unobstructed width in accordance with California Code
of Regulations Title 14 and the Santa Barbara County Fire Department Development Standards
and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).
503.6 Security gates is amended to read as follows:
The installation of security gates across a fire access road shall be approved by the fire code
official. Where security gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be maintained operational at all
times. Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates
intended for automatic operation shall be designed, constructed and installed to comply with the
DECLARATION OF CALLIE PATTON KIM
I, CALLIE PATTON KIM, declare as follows:
1 Tam an attorney, duly licensed to practice law in the State of California, and a
Senior Deputy County Counsel in the Office of County Counsel, attorneys of record for
Defendants/Respondents County of Santa Barbara, Board of Supervisors of the County of Santa
Barbara, Lisa Plowman, Rob Hazard, Travis Seawards, and Das Williams. The matters set forth
in this Declaration are based on my personal knowledge, and, if called as a witness, I could
competently testify to the facts contained in this declaration.
2. Exhibit 1, attached to this Request for Judicial Notice and Declaration, contains a
10 true and correct copy of excerpts from Santa Barbara County Ordinance No. 5171.
11 3 Exhibit 2, attached to this Request for Judicial Notice and Declaration, contains a
12 true and correct copy of excerpts from the Santa Barbara County Code, Chapter 15 (Fire
13 Prevention).
14
15 I declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct.
17
18 Executed on March 12, 2023, in Santa Barbara, California.
19
Cable Patten Kim
20 Callie Patton Kim
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SANTA BARBARA
COUNTY COU} -3-
105 E, Anapamu Street, #201
Santa Barbara, CA 93101 DELCARATION OF CALLIE PATTON KIM
(805) 568.2950
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
Iam a citizen of the United States and a resident of the county aforesaid; I am over the age of
eighteen years and not a party to the within entitled action; my business address is 105 East
Anapamu Street, Santa Barbara, California.
On March 12, 2024, I served a true copy of the within REQUEST FOR JUDICIAL NOTICE
AND DECLARATION IN SUPPORT OF RESPONDENTS’ DEMURRER TO
PETITIONER’S VERIFIED PETITION FOR WRIT OF MANDATE, PROHIBITION,
OR OTHER EXTRAORDINARY RELIEF; COMPLAINT FOR DECLARATORY
RELIEF AND DAMAGES on the Interested Parties in this action by:
xX by mail to the person(s) indicted below. I am familiar with the practice of the Office of
Santa Barbara County Counsel for the collection and processing of correspondence for mailing
with the United States Postal Service. In accordance with the ordinary course of business, the
above-mentioned document would have been deposited with the United States Postal Service,
10 after having been deposited and processed for postage with the County of Santa Barbara Central
Mail Room.
11
12 Law Office of Andréa Marcus, APC Richard C. Solomon
Andréa Marcus 2640 Las Encinas Lane
13 133 E. De La Guerra St. #143 Santa Barbara, CA, 93105
Santa Barbara California 93101
14
15 Oo by e-mail or electronic transmission. I caused the document(s) to be sent from e-mail
address dsjovold@countyofsb.org, to the persons at the e-mail addresses listed in the below. I did
16 not receive, within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
17
Andréa Marcus, andrea@andreamarcuslaw.com, Attorney
for Plaintiff
18 Richard C. Solomon, rcsolomon42@gmail.com, Attorney
for Plaintiff
19
O by depositing it in the United States Mail in a sealed envelope with postage
20 thereon fully prepaid to the following to the person(s) indicated below.
21 xX (State) I declare, under penalty of perjury, that the above is true and correct.
22
Executed on March 12, 2024, at Santa Barbara, California.
23
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D’Ann K. Sjovold
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SANTA BARBARA
COUNTY COU} -4-
105 E, Anapamu Street, #201
Santa Barbara, CA 93101 PROOF OF SERVICE
(805) 568.2950
Preview
SANTA BARBARA COUNTY COUNSEL RACHEL VAN MULLEM, County Counsel CALLIE KIM, Deputy County Counsel (SBN 257213) 105 East Anapamu Street, Suite 201 Santa Barbara, California 93101 Telephone (805) 568-2950 / Fax (805) 568-2982 E-mail: ckim@countyofsb.org Attorneys for Respondents COUNTY OF SANTA BARBARA, BOARD OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA, LISA PLOWMAN, ROB HAZARD, TRAVIS SEAWARDS, and DAS WILLIAMS, FIRST DISTRICT SUPERVISOR Exempt from filing fees [Gov. Code, § 6103] 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SANTA BARBARA 13 (ANACAPA DIVISION) 14 15 JANA ZIMMER, an individual and Case No.: 24CV00199 TRUSTEE OF THE SOLOMON- 16 ZIMMER LIVING TRUST, REQUEST FOR JUDICIAL NOTICE 17 Petitioner, AND DECLARATION IN SUPPORT OF vs. RESPONDENTS’ DEMURRER TO 18 PETITIONER’S VERIFIED PETITION COUNTY OF SANTA BARBARA, 19 FOR WRIT OF MANDATE, BOARD OF SUPERVISORS OF THE PROHIBITION, OR OTHER COUNTY OF SANTA BARBARA, 20 EXTRAORDINARY RELIEF; LISA PLOWMAN, DIRECTOR OF COMPLAINT FOR DECLARATORY 21 PLANNING AND DEVELOPMENT, RELIEF AND DAMAGES ROB HAZARD, FIRE MARSHAL, 22 TRAVIS SEAWARDS, DEPUTY Writ filed: January 16, 2024 DIRECTOR OF PLANNING AND 23 DEVELOPMENT, DAS WILLIAMS, Judge: Hon. Colleen K. Sterne FIRST DISTRICT SUPERVISOR, Dept. SBS 24 DOES 1-25, in their official and individual capacities, HEARING: April 29, 2024 25 26 Respondents. 27 28 IRA co SEL -1- 105 201 01 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO THE COURT, AND TO ALL PARTIES OF RECORD AND THEIR ATTORNEYS: In support of their Demurrer, Respondents COUNTY OF SANTA BARBARA, BOARD OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA, LISA PLOWMAN, ROB HAZARD, TRAVIS SEAWARDS, and DAS WILLIAMS, FIRST DISTRICT SUPERVISOR (collectively “County”) through their attorneys of record, request that the Court take judicial notice of the records listed below pursuant to California Evidence Code sections 452(b) and 453. 1 Excerpts from Santa Barbara County Ordinance No. 5171, a true and correct copy of which is attached hereto as Exhibit 1. 10 Excerpts from the Santa Barbara County Code, Chapter 15 (Fire Prevention), a true 11 and correct copy of which is attached hereto as Exhibit 2. 12 This Court may take judicial notice of Exhibits 1 and 2 because they are legislative 13 enactments by the County of Santa Barbara, a public entity in the United States. (Evid. Code § 14 452(b); see also Desmond v. County of Contra Costa (1993) 21 Cal.App.4th 330, 336 (taking 15 judicial notice of county ordinances); Consaul v. City of San Diego (1992) 6 Cal.App.4th 1781, 16 1800, fn. 10 (taking judicial notice of land development ordinance). A court must take judicial 17 notice of a matter specified in Evidence Code Section 452 if. party requests the court do so, gives 18 adverse parties sufficient notice of the request to enable them to prepare to meet the request, and 19 furnishes the court with sufficient information to enable the court to take judicial notice of the 20 matter. (Evid. Code, § 453.) 21 DATED: March 12, 2024 RACHEL VAN MULLEM 22 SANTA BARBARA COUNTY COUNSEL 23 Calle Patton Kim 24 By Callie Kim, Deputy County Counsel 25 Attorneys for Respondents COUNTY OF SANTA BARBARA, BOARD OF 26 SUPERVISORS OF THE COUNTY OF SANTA BARBARA, LISA PLOWMAN, ROB HAZARD, 27 TRAVIS SEAWARDS, and DAS WILLIAMS, FIRST DISTRICT SUPERVISOR 28 SANTA BARBARA COUNTY COUNSEL -2- 105 E, AnapamuSt 201 Santa Barbara, CA 93101 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER (805) 568.2950 EXHIBIT 1 Attachment A BOARD OF SUPERVISORS COUNTY OF SANTA BARBARA, CALIFORNIA ORDINANCE NO. 5171 Case No: 22O0RD-00000-00007 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA AMENDING AND ADOPTING CHAPTER 10 OF THE COUNTY CODE AS THE BUILDING CODE OF THE COUNTY OF SANTA BARBARA Whereas, the Board of Supervisors of the County of Santa Barbara finds and declares that there exists in certain areas of Santa Barbara County conditions and situations that require modification of California codes for buildings and related construction, and further, that these conditions and situations require specific legislative action to provide for the safety and health of the populace of the County and; Whereas, the Board of Supervisors hereby finds that following geological, topographical and climatic conditions exist in the County of Santa Barbara necessitating enacting local amendments specifically identified herein: a) That Santa Barbara County is prone to extreme weather conditions, from hot, dry winds from the east (Santa Ana and sundowner winds), to strong westerly (coastal) winds, which greatly enhance the ability for fire to spread as reflected in devastating recent fires. In addition, the topographical layout and features of the county make the area subject to isolation should a flood or earthquake occur, which would prevent or severely limit and delay the north and south entities from giving or receiving mutual aid and emergency assistance; b) That section 702A of California Building Code and section R337.2 of the California Residential Code allows local agencies to designate a geographical area as a Wildland-Urban Interface Fire Area. There resides a map in the County of Santa Barbara Building & Safety Division of the Planning & Development Department entitled “High Fire Hazard Area Map” that accurately reflects significant risk from wildfires based on a history of wildland fires in the County and shall be used to identify a designated Wildland-Urban Interface Fire Area, Page 1 Attachment A Article Il. - Part 1. Primary Building Code Sec. 10-2.1.1. - Adoption. The California Building Code, 2022 Edition, promulgated by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, based on the 2018 edition of the International Building Code, published by the International Code Council, 500 New Jersey Ave., NW, 6th Floor, Washington, D.C. 20001 is hereby adopted and enacted as amended as the Primary Building Code of the county and made a part of this Code by reference. Sec. 10.2.1.2. - Amendments. A Chapter 2 of the California Building Code (Definitions) is hereby amended by adding the following definition: Greenhouse is a commercial or agricultural structure as defined in section 35.110 of the Santa Barbara County Land Use Development Code. Section 701A.3 of the 2022 California Building Code is hereby replaced in its entirety to read as follows: 701A.3 Applications. New buildings, additions and alterations located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Areas designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. Only the altered area of existing building needs to comply with the provisions of this chapter unless otherwise exempted herein. Exceptions: 4 Alterations to the existing buildings where less than 50% of roof framing is modified or replaced, Alterations to the existing buildings where less than 50% of exterior walls exterior finish material is modified or replaced. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building. Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C — Group U Agricultural Buildings), when located at least 50 feet from an applicable building. D. Section 702A of the 2022 California Building Code (Definitions) is hereby amended by adding the following definition: Page 14 Attachment A B. For projects that comply with the electric vehicle charging station checklist, the applicant may submit the permit application and associated documentation to the county's Building Safety Division by personal, mailed, or electronic submittal. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirement of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. 10.17.5 Appeal The decision of the Building Official to approve or deny a permit for an electric vehicle charging station may be appealed to the County Planning Commission in compliance with Section 35.102 of the County Land Use and Development Code or Section 35-182 of the County Article I! Coastal Zoning Ordinance. SECTION 2 This ordinance shall take effect and be in force thirty (30) days from the date of its passage; and shall only become operative and be in force upon January 6, 2023, which is after the finding and the modification or change will have been filed with the California Building Standards Commission. Before the expiration of fifteen (15) days after its passage, the ordinance, or a summary of it, shall be published once, with the names of the members of the Board of Supervisors voting for and against the same in the Santa Barbara News Press, a newspaperof general circulation published in the County of Santa Barbara in compliance with Government Code Section 25124. PASSED, APPROVED, AND ADOPTED by the Board of Supervisors of the County of Santa Barbara, State dayof December of California, this 6th 2022, by the following vote: AYES: Supervisors Williams, Capps, Hartmann, Nelson and Lavagnino NOES: None ABSTAINED: None ABSENT: None \n u\\ ol — JoANH RTMANN, CHAIR BOARD OF SUPERVISORS COUNTY OF SANTA BARBARA Page 30 Attachment A ATTEST: MONA MIYASATO, COUNTY EXECUTIVE OFFICER CLERK OF THE BOARD By: ne Mea la Deputy Clerk APPROVED AS TO FORM: RACHEL VAN MULLEM COUNTY COUNSEL By: Akh Deputy County Counsel Page 31 EXHIBIT 2 Sec. 15-3. - Amendments to the 2022 California Fire Code and portions of the 2021 International Fire Code. The 2022 California Fire Code and portions of the 2021 International Fire Code are amended as follows in order to properly safeguard the health, safety, and welfare of the people, property and environment of Santa Barbara County: (a) CHAPTER 1 — SCOPE AND ADMINISTRATION DIVISION II - ADMINISTRATION PART 1-GENERAL PROVISIONS SECTION 101 SCOPE AND GENERAL REQUIREMENTS 101.1 Title is amended to read as follows: These regulations shall be known as the Fire Code of Santa Barbara County, hereinafter referred to as "this code." SECTION 102 APPLICABILITY 102.1 Construction and design provisions is amended by adding the following: Exception: This section shall not apply to any agricultural buildings, specifically exempted in Santa Barbara County Code Chapter 10, Building Regulations, which reads as follows: Agricultural buildings not exceeding 3,000 square feet in enclosed floor area constructed and used to house farm implements, equipment, hay, grain, poultry, livestock or horticultural products. Such buildings shall not be a place of human habitation nor a place of employment, nor shall such buildings be used by the public, be used to store hazardous materials in violation of the Fire Code, nor contain plumbing, mechanical, electrical, structural or architectural features that may reclassify the occupancy or the character of the occupancy of said building as determined by the Building Official. See Section 10-1.6 of the Santa Barbara County Code. And provided that, whenever there is any change in the use or occupancy of such building so that it no longer meets the above-listed specification for exemption of agricultural buildings, the building must comply with the requirements of this code prior to making such change of use or occupancy. PART 2-ADMINISTRATION AND ENFORCEMENT SECTION 103 CODE COMPLIANCE AGENCY is adopted in its entirety with the following amendment: 103.1 Creation of Agency is amended to read as follows: 6. Identification and assignment of personnel responsible for maintenance of systems and equipment installed to prevent or control fires. 7. Identification and assignment of personnel responsible for maintenance, housekeeping and controlling fuel hazard sources. — (e) CHAPTER 5 - FIRE SERVICE FEATURES SECTION 501 GENERAL 501.1 Scope is amended to read as follows: Fire service features for buildings, structures, and premises shall comply with this chapter, California Code of Regulations Title 14, and the Santa Barbara County Fire Department Development Standards. SECTION 503 FIRE APPARATUS ACCESS ROADS is adopted in its entirety with the following amendments: 503.1 Where required is amended to read as follows: Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3, California Code of Regulations Title 14, and the Santa Barbara County Fire Department Development Standards. 503.2 Specifications is amended to read as follows: Fire apparatus access roads shall be installed and arranged in accordance with Section 503.2.1 through 503.2., California Code of Regulations Title 14, and the Santa Barbara County Fire Department Development Standards. 503.2.1 Dimensions is amended to read as follows: Fire apparatus access roads shall have an unobstructed width in accordance with California Code of Regulations Title 14 and the Santa Barbara County Fire Department Development Standards and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 503.6 Security gates is amended to read as follows: The installation of security gates across a fire access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the DECLARATION OF CALLIE PATTON KIM I, CALLIE PATTON KIM, declare as follows: 1 Tam an attorney, duly licensed to practice law in the State of California, and a Senior Deputy County Counsel in the Office of County Counsel, attorneys of record for Defendants/Respondents County of Santa Barbara, Board of Supervisors of the County of Santa Barbara, Lisa Plowman, Rob Hazard, Travis Seawards, and Das Williams. The matters set forth in this Declaration are based on my personal knowledge, and, if called as a witness, I could competently testify to the facts contained in this declaration. 2. Exhibit 1, attached to this Request for Judicial Notice and Declaration, contains a 10 true and correct copy of excerpts from Santa Barbara County Ordinance No. 5171. 11 3 Exhibit 2, attached to this Request for Judicial Notice and Declaration, contains a 12 true and correct copy of excerpts from the Santa Barbara County Code, Chapter 15 (Fire 13 Prevention). 14 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct. 17 18 Executed on March 12, 2023, in Santa Barbara, California. 19 Cable Patten Kim 20 Callie Patton Kim 21 22 23 24 25 26 27 28 SANTA BARBARA COUNTY COU} -3- 105 E, Anapamu Street, #201 Santa Barbara, CA 93101 DELCARATION OF CALLIE PATTON KIM (805) 568.2950 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA Iam a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 105 East Anapamu Street, Santa Barbara, California. On March 12, 2024, I served a true copy of the within REQUEST FOR JUDICIAL NOTICE AND DECLARATION IN SUPPORT OF RESPONDENTS’ DEMURRER TO PETITIONER’S VERIFIED PETITION FOR WRIT OF MANDATE, PROHIBITION, OR OTHER EXTRAORDINARY RELIEF; COMPLAINT FOR DECLARATORY RELIEF AND DAMAGES on the Interested Parties in this action by: xX by mail to the person(s) indicted below. I am familiar with the practice of the Office of Santa Barbara County Counsel for the collection and processing of correspondence for mailing with the United States Postal Service. In accordance with the ordinary course of business, the above-mentioned document would have been deposited with the United States Postal Service, 10 after having been deposited and processed for postage with the County of Santa Barbara Central Mail Room. 11 12 Law Office of Andréa Marcus, APC Richard C. Solomon Andréa Marcus 2640 Las Encinas Lane 13 133 E. De La Guerra St. #143 Santa Barbara, CA, 93105 Santa Barbara California 93101 14 15 Oo by e-mail or electronic transmission. I caused the document(s) to be sent from e-mail address dsjovold@countyofsb.org, to the persons at the e-mail addresses listed in the below. I did 16 not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 17 Andréa Marcus, andrea@andreamarcuslaw.com, Attorney for Plaintiff 18 Richard C. Solomon, rcsolomon42@gmail.com, Attorney for Plaintiff 19 O by depositing it in the United States Mail in a sealed envelope with postage 20 thereon fully prepaid to the following to the person(s) indicated below. 21 xX (State) I declare, under penalty of perjury, that the above is true and correct. 22 Executed on March 12, 2024, at Santa Barbara, California. 23 24 D’Ann K. Sjovold 25 26 27 28 SANTA BARBARA COUNTY COU} -4- 105 E, Anapamu Street, #201 Santa Barbara, CA 93101 PROOF OF SERVICE (805) 568.2950