Thank you for the Independent‘s article on the “new” fire maps. While the Schwarzenegger-era maps were overinclusive, the new maps create even more significant problems for homeowners, because Santa Barbara County relies on these maps to justify otherwise illegal conditions, which burden individual homeowners with demands for improvements that the county itself should be making, and which are prohibited by the plain language of the law.
The county has been dismal at implementing ministerial lot splits under Senate Bill 9, which would enable individual homeowners to finance construction of ADUs [accessory dwelling units] that can be or have already been approved, not to mention, to attempt to hold on to their fire insurance. Few people even realize that in February of this year, the county adopted new local ordinances — including amendments to their subdivision ordinance — which, I will wager, will guarantee that no one will apply for, let alone receive approval of, an SB 9 lot split.
I get that no one likes the Builder’s Remedy — and I am no fan of how the Legislature has proceeded. But as of this week, California Housing and Community Development (HCD) has not even reviewed that ordinance for its consistency with the county’s Housing Element, or its Safety Element — which was conditionally approved to assure that the “standards” do not operate to prohibit small housing projects. I know, because I sent HCD’s Housing Accountability Unit a specific request, on April 7, 2025, to investigate.
The worst of it is, the county’s conduct, collectively, continues to be an offense to the due process rights of homeowners. Neither Planning & Development nor County Fire allow appeals of their decision making, which are clearly required. They have claimed the right to delay approval or deny projects, based on their sole determination of whether a project is “eligible” based on fire hazard maps adopted in the Schwarzenegger administration, but without giving any individual notice to homeowners.
In stark contrast, the State of Oregon, by statute, requires not only notice by registered mail of any plan to include a property on the state fire maps, it also allows for an appeal by the individual owner who disagrees. Santa Barbara County’s “new” ordinances simply ignore those rights, when they involve the “little” peoples’ most important asset.
The county should immediately amend its ordinances to specifically provide for individual notice, and appeals, prior to taking any action (like asserting that a property is in the Very High Fire Hazard Zone) that reduces its value of or the right to build on any individual property.
