State Fire Laws and Lotusland’s CUP at Land Use
The Montecito Association Land Use Committee (LUC) April meeting was held at the Montecito Library community room and on Zoom. The meeting was called to order by LUC Chair, Dorinne Lee Johnson. Attendees were the LUC members, Montecito Association Executive Director Houghton Hyatt, Montecito Fire Chief David Neels andBattalion Chief/Fire Marshall Aaron Briner, Lotusland Trustee and Consultant for its CUP Laura Bridley, and Lotusland Executive Director Rebecca Anderson and Chief Operations Officer Adam Flint. Attendees also included neighbors of Lotusland and local residents.
Johnson introduced Neels and Briner to present a preview of the soon to be reviewed and enforced new fire codes for residents in the state of California. Briner stated that, “In January 2026, the Amended California Fire Code will be adopted. From now until then, Montecito Fire Department will be doing inspections of residential and commercial properties and advising the owners of remedial work to be done to comply with the incoming state laws. The Plan is titled Zone Zero. Defensible space is essential to improve the chance for homes and commercial buildings to survive a wildfire.”
He then used a slide presentation to make the following cogent points:
– In 1965, Zone 1 code defensible space is within 30’ of a structure.
– In 2006, Zone 2 code extended from 30’ to 100’.
– In 2020 and 2024, California legislature directed the California Board of Forestry and Fire Protection to create a third zone of defensible space via AB 3074 and SB504, called Zone 0, which applies to the first 5’ around a structure.
– End of 2025, Board of Forestry completes hearings and public comment.
– Once regulations and statutorily required guidance documents are finalized, they are applied immediately to all new structures. Existing structures have three years to comply.
– In Montecito, Zone 0 applies to all areas located within a Fire Hazard Severity Zone (FHSZ) of State Responsibility and Local Responsibility areas.
– The current recommendations are to use hardscape (gravel, pavers, concrete) around the structure, remove all branches within 10’ of chimneys and stovepipe outlets, limit combustible items on top decks, relocate firewood to Zone 2, replace combustible fencing, gates and arbors attached to structures with non-combustibles, relocate garbage, recycling containers, boats, RVs, vehicles and related combustibles outside Zone 0.
– 200 Annual Defensible Space Surveys by Montecito Fire Protection District wildland specialists will be done with Montecito private property owners.
Briner’s final slide drove the points home. A Q&A from the LUC board ensued to clarify their understanding. Briner and Neels repeated they and their teams are available to meet with Montecito homeowners, appointments are required.
Next, Johnson introduced Bridley, who introduced Anderson and Flint and acknowledged the Lotusland neighbors attending. Bridley started with a brief history of her background. She is currently the Chair of the Santa Barbara County Planning Commission, a consultant in land use, transportation, historic preservation and nonprofit administration, a nine year past President of the Montecito Association and first Executive Director of Casa del Herrero.
She then provided a brief historical context of the current CUP with exceptions made during COVID that Lotusland wishes to continue, such as the parking allowances. Lotusland received a Ministerial Permit detailing their new CUP allowances with copies sent to locals residing within 350 feet of Lotusland. She posited that the City of SB’s letter to the neighbors had, “…confusing information and presentation that caused the Lotusland neighbors to contact the Montecito Association to investigate the CUP allowances, and they also petitioned Lotusland. Lotusland held a meeting with its neighbors Friday, March 21, to discuss their concerns. Neighbors submitted their proposal to Lotusland on March 28. Review and resolution are pending the next meeting of the neighbors with Lotusland.”
Neighbors at this Land Use meeting shared, “We want Lotusland to be successful, but we don’t want it to have a negative impact on our residential area. We are concerned with the length of the operating hours, days of the week, and activities. We also appreciate Lotusland delaying their next meeting with the City Planning Commission.”
Bridley corrected the neighbors saying, “The Lotusland CUP update is a Ministerial Permit and will go to the SB County staff for review, not the Montecito Planning Commission. We are working with you so it will not escalate to a public meeting.”
Johnson ended further discussion due to the issue being resolved by Lotusland and its neighbors. Bridley concluded stating the Lotusland staff would like to attend future Land Use and Montecito Association meetings to be informed of local issues. Johnson welcomed the interest.
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