A.
Prior Prohibition of Medical Marijuana Cultivation. Under a prior ordinance (Ordinance
No. 4954), medical marijuana cultivation was prohibited in all zones, districts, properties,
and areas within the unincorporated areas of Santa Barbara County with an exception
for legal nonconforming uses that remains in subsection B., below, until terminated
as provided in subsection C., below.
B.
Legal Nonconforming Uses Exemption. Medical marijuana cultivation locations already
existing on January 19, 2016, if they are legal under California state law; these
are legal nonconforming uses.
C.
Legal Nonconforming Uses Termination.
1.
The legal nonconforming uses described in subsection B. shall terminate:
a.
In the inland areas (i.e., the areas located outside of the coastal zone of Santa
Barbara County), either (1) six months after the board of supervisors' action on February
6, 2018, regarding a county cannabis cultivation ordinance, or (2) 18 months from
December 15, 2017, the effective date of Ordinance No. 5019, whichever is longer;
and
b.
In the coastal zone, either (1) six months after the coastal commission certifies
the board-adopted amendments to the local coastal program regarding the cannabis cultivation
ordinance, pursuant to Public Resources Code Section 30514, or (2) if the board does
not adopt a county cannabis cultivation ordinance on February 6, 2018, then 18 months
from December 15, 2017, the effective date of Ordinance No. 5019, whichever is longer.
2.
If the county cannabis ordinance referenced above allows for cultivation of medical
cannabis but requires a zoning permit to do so, operators of nonconforming medical
marijuana cultivation locations that have submitted a complete application to the
Santa Barbara County Planning and Development Department to permit their nonconforming
cultivation site by the termination date listed above may continue to operate their
same existing nonconforming medical marijuana cultivation site while their permit
application is being processed, as long as the operator continues to manage the cultivation
location in compliance with the requirements of article X, state law, and the applicable
provision of either the County Land Use and Development Code Section 35.101.020 (Nonconforming
Uses of Land and Structures), the Montecito Land Use and Development Code Section
35.491.020 (Nonconforming Uses of Land and Structures), or article II, the coastal
zoning ordinance section 35-161 (Nonconforming Uses of Land, Buildings, and Structures).
It is solely within the department's discretion to determine if it has received a
complete permit application.
3.
If the permit application is denied, the applicant shall cease all cannabis cultivation
operations until a permit is obtained.
