Meeting Summary
This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.
At a glance
Hotel Incentive Program Ordinance
- The Board approved the second reading and adoption of the ordinance.
- Supervisor Wolf moved for approval, which was carried by the Board.
Contract with Law Firm for Assessor Appeals
- Supervisor Gray requested a tutorial on the status of oil and gas assessment appeals and financial impacts.
- The Board requested further information and did not vote on the item at this time.
- CEO Waller agreed to work with the Assessor to provide an update on the August 14 agenda.
Ron Bennett Memorial Alley Resolution
- The Board adopted a resolution designating the Old Town Orcutt Fire Station Alley as the Ron Bennett Memorial Alley.
- The resolution authorizes the Director of Public Works to post signs honoring the late Orcutt Fire Chief.
Jail Food Service Agreement with Aramark
- Staff explained that the selection process took one year, involved two bidders, and included onsite inspections.
- The Board confirmed that a 6% local vendor preference was applied, involving local vendors like Rosemary Farms and The Berry Man.
- The item was included in the general administrative agenda vote.
Administrative Agenda Modifications
- Items A-22 and A-37 were withdrawn, while Item A-44 was continued to the September 11, 2012 meeting.
- The Board approved the administrative agenda as modified, including the previously voted Item A9.
Parks and Recreation Month Resolution
- The Board adopted a resolution proclaiming July 2012 as Parks and Recreation Month.
- The Director of Community Services invited the public to enjoy the county’s 67 park sites.
Probation, Parole, and Community Supervision Week Resolution
- The Board adopted a resolution proclaiming July 15–21, 2012, as Probation, Parole, and Community Supervision Week.
- Probation officers spoke about the department’s work with adult and juvenile offenders.
Paul Harris Fellowship for Pete Brumana Resolution
- The Board adopted a resolution recognizing Pete Brumana for receiving the Paul Harris Fellowship from the Rotary Club of Santa Maria.
- Representatives from the Rotary Club and Mr. Brumana’s family spoke in his honor.
ADMHS Published Charges
- The Board approved the first reading of an ordinance adjusting published charges to reflect anticipated costs.
- Supervisor Gray moved to approve staff’s recommendation with the caveat that published rates be provided to the Board in the future.
- The motion carried, with a second reading scheduled for August 14, 2012.
No decision 0–0
Fee-to-Trust Determination Appeal (San Ynez Band of Mission Indians)
- Staff presented potential grounds for appeal, including tax impact estimates of $23–33 million over 50 years.
- Public comment included arguments both for and against the Board filing an appeal of the Bureau of Indian Affairs decision.
- Supervisor Gray moved that the Board not appeal the BIA decision, but the motion failed.
- The Board adjourned to closed session to discuss the matter further with legal counsel.
Sheriff and Fire – Implementation Status of the County Air Support Unit
- The Board continued the item to a future date due to scheduling conflicts with the Sheriff.
- Supervisor Wolf proposed a substitute motion to move the item to the August 14th meeting.
- The motion to continue the item to August 14 carried.
No decision 0–0
Rice Ranch Recorded Map Modification and Specific Plan Amendment
- Staff presented a request to defer on-site affordable housing construction until 181 market-rate units receive zoning clearance.
- The Planning Commission unanimously recommended approval, noting no additional environmental review was required.
- The Board approved staff’s recommendation to amend the recorded tract map and specific plan.
Amendment to Affordable Housing Agreements
- Staff presented Amendment Number 1 to the agreements for affordable low-income and workforce housing for Rice Ranch Ventures.
- The amendment aligns with the timing changes proposed in the previous item regarding the 146 affordable units.
- The Board approved and authorized the chair to execute the amendment.
Greenwell Preserve Lease Agreement
- Staff presented a request to draft a 20-year lease agreement with the Summerland Citizens Association to operate the Greenwell Preserve.
- The request includes $36,320 from CSA 11 funding for one-time site improvements and up to $3,120 annually for ongoing maintenance.
- The Board approved staff’s recommendation, allowing ongoing maintenance costs to be paid from CSA 11 revenues.
Special Tax Levy
- Staff presented proposed fiscal year 2012-13 special tax levies for the Orchid and Providence Landing Community Facilities Districts.
- The Orchid District proposal includes a 2.17% CPI increase, while the Providence Landing District maintains the current rate.
- The Board approved the item, adopting the resolution to levy the taxes and certify the list of parcels.
Library Special Tax Rate for County Service Area 3 (Goleta)
- Staff presented a proposal for a 2.7% increase to the fiscal year 2012-13 library special tax rate.
- The increase is projected to generate $173,894, reflecting the percentage change in the CPI for the Los Angeles-San Jose-Riverside area.
- The Board approved the item, adopting a resolution confirming the report and increasing the tax rate.
Salentine Appeal of the County Planning Commission’s De Novo Approval for the Brown Grading and Horse Arena Project
- The Board upheld the appeal and denied the project, scheduling the matter for August 14 to prepare findings.
- Staff directed to research and recommend waiving penalties/fees during the period anticipated for project redesign.
- The motion to uphold the appeal, deny the project, and direct staff to research fee waivers passed.
Closed Session
- The Board adjourned to closed session to discuss the Fee-to-Trust Determination Appeal with legal counsel.
Full summary
Meeting Start and Roll Call
- The Santa Barbara County Board of Supervisors meeting for July 10, 2012, was called to order. Roll call confirmed the presence of all five supervisors. The Pledge of Allegiance was recited.
Approval of Minutes
- June 26 Minutes: A motion to approve the minutes was made by Supervisor Carbajal and seconded by Supervisor Lavagnino. The motion carried.
- July 3 Minutes: A motion to approve the minutes was made by Supervisor Lavagnino and seconded by Supervisor Carbajal. The motion carried.
No decision 1–0
Public Comment and Volunteer of the Week
- No members of the public requested to speak on non-agenda items. The Board honored Jeff Mulalem as the Volunteer of the Week for his work with the Committee of 10,000, a nonprofit supporting individuals with hemophilia.
Administrative Agenda
- Supervisor Wolf requested that Item A9 be pulled for a separate vote and Item A52 for information purposes. Supervisor Gray requested that Items A21 and A41 be pulled.
- Item A9: Hotel Incentive Program Ordinance (Second Reading and Adoption)
- Discussion: Supervisor Wolf moved for approval.
- Vote: A roll-call vote was taken. The motion passed.
- Item A21: Contract with Law Firm for Assessor Appeals
- Discussion: Supervisor Gray requested a tutorial on the status of oil and gas assessment appeals and potential financial impacts. CEO Waller agreed to work with the Assessor to provide an update on the August 14 agenda.
- Decision: The item was not voted on at this time; the Board requested further information.
- Item A41: Ron Bennett Memorial Alley Resolution
- Discussion: Supervisor Gray introduced Jerry Bennett, father of the late Ron Bennett, former Chief of the Orcutt Fire Department. The resolution designates the Old Town Orcutt Fire Station Alley as the Ron Bennett Memorial Alley and authorizes the Director of Public Works to post signs.
- Decision: The resolution was passed and adopted.
- Item A52: Jail Food Service Agreement with Aramark
- Discussion: Supervisor Wolf questioned the vetting process for the contractor, Aramark Correctional Services. Chief Deputy Don Patterson and Lieutenant Mark Mayheran explained that the selection process took one year, involved two bidders, and included onsite inspections and reference checks. They clarified that the intent is to retain existing county staff, with flexibility only if budget constraints require position elimination. Supervisor Carbajal asked about local vendor preferences; staff confirmed that a 6% local vendor preference was applied, and local vendors (Rosemary Farms, The Berry Man, Giordano’s) were involved in the process, though Giordano’s contract signing with Aramark was still pending.
- Decision: The item was included in the general administrative agenda vote.
- Administrative Agenda Modifications and Final Vote
- Modifications: Item A-22 (Budget Revisions) was withdrawn as incorporated into another item. Item A-37 (Grants and Contracts) was withdrawn. Item A-44 (Breeze Transit MOUs) was continued to the September 11, 2012 meeting.
- Vote: Supervisor Gray moved for approval of the administrative agenda as modified (including the previously voted Item A9). The motion was seconded. The motion carried.
No decision 0–0
Resolutions
- Resolution: Parks and Recreation Month
- Discussion: Supervisor Carbajal presented a resolution proclaiming July 2012 as Parks and Recreation Month. Director of Community Services, Mr. Parker, spoke on behalf of the department, inviting the public to enjoy the county’s 67 park sites.
- Decision: The resolution was adopted.
- Resolution: Probation, Parole, and Community Supervision Week
- Discussion: Chair Farr presented a resolution proclaiming July 15–21, 2012, as Probation, Parole, and Community Supervision Week. Chief Bev Taylor and three probation officers (Cindy Lopez, John Vitale, Tiffany Phillips) spoke about their roles and the department’s work with adult and juvenile offenders.
- Decision: The resolution was passed and adopted.
- Resolution: Paul Harris Fellowship for Pete Brumana
- Discussion: Supervisor Lavagnino presented a resolution recognizing Pete Brumana for receiving the Paul Harris Fellowship from the Rotary Club of Santa Maria. Mr. Brumana had passed away the previous week. Representatives from the Rotary Club, the Boys and Girls Club, and Mr. Brumana’s family spoke in his honor, noting his long history as a youth sports coach and mentor.
- Decision: The resolution was passed and adopted.
Departmental Agenda
- Item 1: Alcohol, Drug, and Mental Health Services (ADMHS) Published Charges
- Discussion: Dr. Dietrich explained that the State of California eliminated the State Maximum Allowable (SMA) rate effective July 12, 2012. Medi-Cal reimbursement will now be capped at the lower of actual costs or published charges. The Board is asked to approve the first reading of an ordinance adjusting published charges to reflect anticipated costs, with a second reading scheduled for August 14, 2012. Supervisor Gray asked how providers track actual vs. published charges; staff confirmed they track both via contract requirements. Supervisor Carbajal requested that the Board receive provider published rates as an administrative item in the future to ensure transparency and accountability.
- Motion: Supervisor Gray moved to approve staff’s recommendation with the caveat that published rates be provided to the Board in the future.
- Vote: The motion was seconded by Supervisor Wolf. The motion carried.
Time-Certain Agenda
- Item 2: Fee-to-Trust Determination Appeal (San Ynez Band of Mission Indians)
- Procedural Note: Chair Farr stated the Board would consider land use and fiscal impacts, not the tribe’s federal recognition status, which was previously decided.
- Staff Presentation: Mr. Badanich presented background on the 6.9-acre parcel fee-to-trust application granted by the Department of Interior on June 13, 2012. He noted that an appeal must be filed within 30 days (by July 17, 2012). He outlined potential grounds for appeal, including the San Ynez Valley Community Plan’s goals to maintain rural character and oppose loss of jurisdictional authority. He provided tax impact estimates: current taxes of ~$44,000/year; potential taxes if fully developed per the Community Plan of ~$271,000/year. He estimated cumulative tax losses over 50 years at $23–33 million, noting this was lower than the $43 million estimate from 2005 due to market changes and valuation differences.
- Board Questions:
- Chair Farr asked about the status of a separate 5.8-acre application; staff reported it is pending, with NEPA review and public comment period reopening anticipated.
- Chair Farr asked about the discrepancy between the 2005 ($43M) and current ($23–33M) tax impact estimates; staff attributed it to market valuation changes and differences in methodology/plan status.
- Supervisor Gray asked if the methodology matched past annexation analyses; staff confirmed similar cumulative impact analyses are standard in annexation processes.
- Supervisor Wolf asked if the Carcieri decision was the only legal hurdle; staff clarified that Carcieri addressed federal recognition, but appeals can also challenge environmental analysis, necessity, and jurisdictional transfer.
- Public Comment: The Chair opened the floor for public comment. Speakers presented arguments both for and against the Board of Supervisors filing an appeal of the Bureau of Indian Affairs (BIA) decision.
- Support for the Fee-to-Trust Application / Opposing the Appeal: Representatives of the Santa Ynez Band of Chumash Indians, including Sam Cohen, Chairman Armenta, Vice-Chairman Richard Gomez, Tribal Secretary-Treasurer Kenny Kahn, Gary Pace, David Dominguez, Frances Snyder, Veronica Sandoval, George Logan, Nikia Zavala, and GC Romero-Ontiveros, spoke in support of the application. They cited historical context, the proposed museum and cultural center, language revitalization, and the tribe’s contributions to the community. Other supporters included Andy Caldwell (CoLab), Joe Armendariz (Santa Barbara County Taxpayers Association), and Gary Robinson (Author/Filmmaker), who argued that the project is consistent with zoning, respects tribal sovereignty, and that the appeal lacks a valid basis.
- Opposing the Fee-to-Trust Application / Supporting the Appeal: Speakers including Jim Richardson (Mayor of Solvang), C.J. Jackson, Jonah Windner, Jim Marino, Doug Hertel, Sharon Merritt, Chris Burtness, Jennifer Sorenson, Elise Adelida Tripp, Jean Miller, Terry Caslow, Kathleen Harringer, Karen Jones, Michelle Griffel, and Mark Oliver (San Ynez Valley Alliance) spoke in support of the appeal. They cited concerns regarding loss of jurisdiction, tax revenue, environmental impacts, potential for increased gambling, and inconsistencies with the San Ynez Valley Community Plan. Some speakers argued that the tribe could build the proposed structures through the county’s standard land use process without requiring trust status.
- Board Discussion:
- Supervisor Farr stated that the tribe’s needs for a cultural center and museum could be met through the county’s land use process. She highlighted the fiscal impact of losing tax revenue and the loss of jurisdictional control, noting that the San Ynez Community Plan opposes such losses. She indicated she would ask her colleagues to vote to appeal the BIA decision.
- Supervisor Gray argued that the BIA’s opinion was legally sound and that appealing it would be a waste of time and money. She stated that the issue was one of federal law and that the county should not challenge a decision that she believed would be cited in constitutional law.
- Supervisor Lavagnino expressed concern about joining an appeal that he felt was motivated by arguments questioning the tribe’s heritage and standing. He noted that the opposition had already spent significant funds on previous appeals and that the county should not "chase bad money." He also pointed out that the county already has significant tax-exempt property and that the loss of revenue from this specific parcel was manageable.
- Supervisor Wolf disagreed with Supervisor Gray’s assessment of the BIA’s report, stating that it did not adequately address the fiscal impacts on the county. She emphasized the community’s request for an appeal and the importance of respecting the community plan. She indicated she supported moving forward with an appeal.
- Supervisor Carbajal focused on the principle of tribal sovereignty and the federal framework established to address historical wrongs. She stated that she was in favor of appealing the decision, despite the cost to taxpayers.
- Motion and Vote:
- Supervisor Gray moved that the Board of Supervisors not appeal the BIA decision. Supervisor Carbajal seconded the motion.
- The Board voted on the motion. The motion failed.
- Next Steps: Following the failed motion, the Board adjourned to closed session to discuss the matter further with legal counsel. The Chair indicated that the Board would reconvene for Agenda Item 4 after the closed session.
- Item 3: Sheriff and Fire – Implementation Status of the County Air Support Unit
- Discussion: The board discussed the implementation status of the County Air Support Unit.
- Motion: A motion was made by Supervisor Wolf to continue the item to a future date.
- Second: The motion was seconded by Supervisor Lavagnino.
- Decision: The motion carried.
- Vote Outcome: Passed.
- Next Step: The item was scheduled to continue on August 21st.
- Continuation Discussion: The board addressed a previously made motion to move Item 3 to the August 21st agenda. It was noted that this date did not work for the Sheriff.
- Substitute Motion: Supervisor Wolf proposed a substitute motion to move the item to the August 14th meeting.
- Second: Steve Lavagnino seconded the motion.
- Decision: The motion carried.
- Item 4: Planning and Development – Rice Ranch Recorded Map Modification and Specific Plan Amendment
- Discussion: Staff presented a request from Rice Ranch Ventures to revise project conditions and the specific plan to allow for the deferral of on-site affordable housing construction. The Planning Commission had unanimously recommended approval. The request seeks to amend Condition 50 of the recorded tract map and Section 4.3.2 of the specific plan. Under the proposed amendment, the requirement to construct 146 affordable units concurrently with market-rate units would be deferred until 181 market-rate units (25% of the total) have received zoning clearance permits. Following that milestone, three affordable units would be constructed for every eight market-rate units until the total of 146 is met. Staff stated that no additional environmental review was required as the total number of affordable units remains unchanged, only the timing. The applicant represented by Lori Tamura of Urban Planning Concepts stated that the modification would help keep the project economically viable during the current market conditions.
- Public Comment: No members of the public requested to speak.
- Board Comments: Supervisor Lavagnino expressed support for the flexibility in response to market conditions. Supervisor Gray, noting the item was in his district, expressed support for the board and staff’s cooperation.
- Motion: Supervisor Gray moved to approve staff’s recommendation.
- Second: An unidentified supervisor seconded the motion.
- Decision: The motion carried.
- Item 5: Community Services – Amendment to Affordable Housing Agreements
- Discussion: Staff presented a companion item to Agenda Item 4, regarding Amendment Number 1 to the agreements for affordable low-income and workforce housing for Rice Ranch Ventures. The amendment aligns with the timing changes proposed in Item 4, specifying that after the zoning clearance of the 181st market-rate unit, three affordable units will be constructed concurrently with eight market-rate units until all 146 affordable units are built. Staff recommended the board approve and authorize the chair to execute the amendment and direct the department to record it.
- Public Comment: No members of the public requested to speak.
- Motion: Supervisor Bray moved to approve staff’s recommendation.
- Second: An unidentified supervisor seconded the motion.
- Decision: The motion carried.
- Item 6: Community Services – Greenwell Preserve Lease Agreement
- Discussion: Staff presented a request to direct staff to draft a lease agreement with the Summerland Citizens Association (CSA) to operate, maintain, and repair the Greenwell Preserve as a county park site. The proposed agreement is for a 20-year term with three one-year renewals. The request includes $36,320 from County Service Area (CSA) 11 funding over three years for one-time site improvements (removal of non-native plants, pruning, wall repairs). Additionally, the board was asked to decide whether to fund ongoing maintenance, nursery management, administration, and utility costs (not to exceed $3,120 annually) from CSA 11 revenues or require the association to pay these costs. The association has operated the preserve at no cost to the county since 1998.
- Board Comments: Supervisor Carbajal noted that the CSA has a reserve of $647,000 and has managed the facility effectively. She stated that the ongoing operation budget remains positive even with the requested $3,120 annual contribution from the CSA funds.
- Public Comment: No members of the public requested to speak.
- Motion: Supervisor Carbajal moved to approve staff’s recommendation for options A, B, and C, which allows for the payment of ongoing maintenance to come out of CSA 11.
- Second: Supervisor Gray seconded the motion.
- Decision: The motion carried.
- Item 7: Community Services – Special Tax Levy
- Discussion: The clerk read the item into the record regarding the fiscal year 2012-13 special tax levy for Community Facilities District 2002-1 (Orchid Community Plan) and Community Facilities District 2004-1 (Providence Landing).
- Staff Presentation: Staff presented an administrative report summarizing the proposed fiscal year 2012-2013 special tax levies for the Orchid and Providence Landing Community Facilities Districts. For the Orchid District, the proposal includes a 2.17% increase based on the Consumer Price Index (CPI), affecting 529 parcels and generating $225,781. For the Providence Landing District, the proposal maintains the current tax rate without an increase, affecting 215 parcels and generating $144,480. Staff recommended receiving the report, adopting the resolution to levy the taxes, certifying the list of parcels, and directing the clerk to file the certified list with the county auditor.
- Board Discussion: The Board discussed the rationale for the CPI increase in the Orchid District versus the decision not to increase the rate in the Providence Landing District, noting that maintenance levels at Providence Landing Park have been deemed adequate.
- Motion: A motion was made to approve the item, seconded by another member.
- Decision: The motion carried.
- Item 8: Library Special Tax Rate for County Service Area 3 (Goleta)
- Discussion: Staff presented a hearing to consider recommendations regarding an increase to the fiscal year 2012-13 library special tax rate for County Service Area 3 (Goleta). The proposal involves a 2.7% increase, reflecting the percentage change in the CPI for the Los Angeles-San Jose-Riverside area. This increase is projected to generate $173,894, a slight increase of $4,548 from the previous fiscal year. Staff recommended adopting a resolution confirming the report and increasing the tax rate by 2.7%, and directing staff to file a notice of exemption.
- Board Discussion: Board members discussed the impact of the increase on single-family residents (approximately 56 cents) and the broader financial challenges facing county libraries.
- Motion: A motion was made to approve the item, seconded by another member.
- Decision: The motion carried.
- Item 9: Salentine Appeal of the County Planning Commission’s De Novo Approval for the Brown Grading and Horse Arena Project
- Discussion: Staff presented a hearing to consider recommendations regarding the Salentine appeal of the County Planning Commission’s de novo approval for the Brown Grading and Horse Arena Project located at 1215 Franklin Ranch Road. The project involves the legalization and relocation of horse stalls and a hay barn, grading to create a new round pen, and relocating an existing riding arena to unburden water lines owned by the Kachuma Operation and Maintenance Board (COOMB) and Goleta Water District.
- History: Staff outlined the history of the project, including a 2007 complaint regarding unpermitted structures, the issuance of an emergency permit in 2012 to remove overburden from the COOMB waterline, and subsequent work that exceeded the scope of that emergency permit, resulting in a building violation case. Staff noted that the Planning Commission denied the appeal and granted de novo approval on March 7, 2012, with minor modifications. The current appeal before the Board includes a modified plan with 2-3 feet of additional fill in the round pen area and a slight shift in location. Staff recommended that the Board make required findings for approval, determine the project is exempt from CEQA, deny the appeal, and grant de novo approval subject to conditions.
- Appellant Argument: The appellant, Mr. Salentine, and his attorney argued that the project violates comprehensive plan policies regarding slope development (slopes >20%), minimization of cut and fill, and environmental protection. They contended that the project is not a "minor alteration of land" for CEQA exemption purposes and that the Board should not legalize work performed in violation of permits. They cited the Planning Commission’s initial 3-2 vote to uphold the appeal before it was reversed.
- Applicant Response: The project applicants, Mr. and Mrs. Brown, responded to the appellant’s points, stating that the pens are cleaned twice daily, that the intent was to comply with emergency permit conditions, and that their expert could address elevation data. They noted that the COOMB manager was available to answer questions regarding the emergency permit.
- Public Comment and Testimony:
- Applicant (Jessica Brown): Presented a 12-year history of the property, stating that the current situation stems from administrative errors regarding an overburdened Coombe pipe. She argued that the applicants have made efforts to correct violations, including paying for corrections and working with Coombe and engineering firms. She requested approval of the LUP, including arena lights, citing neighbor support, restricted lighting hours, and compliance with county policies. She disputed claims of illegal activity, stating that the emergency permit was used to correct the pipe overburden.
- Board Inquiry (Composting and RV): A board member asked about runoff from the composting site and the status of a Cavco Park trailer. Brown clarified that composting occurs on the south side of the property, separate from the collection wagon shown on plans. Regarding the trailer, she stated it was intended as a second residential unit but failed to meet manufactured home standards; it is now designated for storage only and will be moved outside setbacks to comply with zoning.
- Staff Response (Jay Ritterbeck): Explained that the trailer issue was not an immediate health and safety hazard, allowing time for relocation. Clarified that if used as a dwelling, it would be a violation; as storage, it must be disconnected from utilities and placed outside setbacks.
- Appellant (Mr. Salentine): Expressed disappointment in the presentation, specifically regarding the continuation of work after a stop order. He argued that the project involves unnecessary grading, impacts his property via drainage and visual issues, and that the composting area lacks proper runoff controls. He stated that the lights are inappropriate for the area and that the project violates county policies.
- Public Comment (Richard Rankin): Opposed the project, alleging that the applicants exceeded their 1999 permit limits, caused massive earth-moving, and threatened neighbors. He urged the board to send the project back to staff and enforce compliance with the original 1999 LUP.
- Public Comment (Brett Foster, Civil Engineer): Defended the grading plan, stating that impervious surface area remains minimal and drainage patterns are consistent with pre-grading conditions. He explained that the multi-level design was necessary to maintain required soil cover over the Coombe pipeline while accommodating county slope requirements. He stated that the project aims to restore the previously existing riding arena.
- Staff Response (Jeff Thomas, Building and Safety): Clarified that the project was approved in 1999 without knowledge of the pipelines. Subsequent inspections revealed excessive fill and unpermitted structures. The county issued correction notices, leading to the discovery of the pipe overburden. The current LUP and grading permit were approved after a resolution process involving multiple agencies. He noted that violations are currently suspended pending the appeal outcome. He stated that Coombe continued work beyond the scope of the emergency permit, which he viewed as disregarding county authority.
- Clarification on Lighting: The board confirmed that arena lights are not part of the current project description before the board, as they were denied by the Planning Commission. Staff confirmed that unless the board explicitly adds them, they are not under consideration for approval in this appeal.
- Appellant Rebuttal (Mr. Salentine): Reiterated concerns about unnecessary grading, drainage impacts on his easement, and the inappropriateness of the lighting. He argued that the project shoehorns too much development into a small area and violates county policies.
- Applicant Rebuttal (Jessica Brown): Disputed staff claims that the pipe was not on the 1999 plans, asserting it was listed. She argued that the applicants have accommodated neighbors, planted trees, and created drainage features. She requested the reversal of the lighting denial, citing neighbor support and policy compliance. She emphasized that the process has been costly and that the applicants are not intentional violators.
- Staff Comments (Jay Ritterbeck): Addressed Goleta Community Plan policies regarding geologic risks, noting they are typically applied to new structures but evaluated here. Clarified that composting conditions include standards for turnover, moisture, and vector control. Confirmed that the temporary stockpiling of fill is subject to the emergency permit condition, which requires removal if the project is not legalized within one year. Clarified that fill on the appellant’s property is associated with a separate open permit for slope repair and soil mixing.
- Board Discussion:
- Supervisor Wolf expressed that the project is complicated and convoluted. He identified two options: uphold the appeal and deny the project, or deny the appeal and modify the project. He leaned toward upholding the appeal and denying the project due to open violations, CEQA deficiencies regarding the creek and grading, and the inappropriateness of the lighting. He recommended sending the project back to staff and the County Council for further resolution.
- Supervisor Lavagnino agreed with Supervisor Wolf’s assessment of the complexity. He emphasized the need to resolve the issue without imposing penalties on the applicants if possible, given the ambiguity of fault. He suggested moving toward a solution that avoids fines if no progress is made within a set timeframe.
- Supervisor Carbajal agreed that the situation is a "morass" and suggested that the board should create an environment for further resolution rather than making a final decision immediately.
- Supervisor Gray stated that the project appears to be in an inappropriate location given the topography. He agreed with the need for expertise to resolve the issues and was willing to send the project back for further work.
- Supervisor Wolk criticized the use of as-built permits for large projects with environmental impacts. He argued that the CEQA exemption was inappropriate and that more environmental review is needed for lighting, composting, and runoff. He suggested that the board should not proceed with the CEQA exemption and should seek more options for amelioration.
- Counsel (Miss McCurdy) clarified that if the board chooses to continue the item for further work rather than approve or deny, the applicants must agree to cover additional staff costs.
- Staff (Dr. Russell) explained the consequences of denying the project: the emergency permit requires removal of excess dirt if the project is not permitted, and county code requires a one-year waiting period before reapplying. He noted that any work done beyond the emergency permit scope would need to be removed.
- Supervisor Wolf reiterated his position that the board must make a decision. He argued that continuing the item would prolong the mess and that the board should uphold the appeal and deny the project, forcing the applicants to go through the proper CEQA and design process.
- Supervisor Gray asked for clarification on whether denial would require the removal of the riding arena, round pen, horse stalls, and hay barn.
- Staff (Dr. Russell) confirmed that if the LUP is denied, any work done beyond the scope of the emergency permit (including structures moved and reassembled, excess grading, and stockpiled dirt) would need to be removed or corrected.
- Continuation Discussion:
- Supervisor Lavagnino expressed concern regarding the timeline for potential structural removal, citing environmental impacts and the duration of the dispute. He suggested that the board should not penalize the applicant excessively due to perceived ambiguities in previous communications and proposed sending the matter back to staff to find a viable solution.
- Staff clarified the Land Use and Development Code regarding reapplications, noting that a 12-month waiting period applies to substantially the same project after a denial, unless new evidence, changed circumstances, or a mistake are found. Staff also noted that if the board upholds the appeal and denies the project, findings supporting the denial must be prepared, requiring a continuance.
- Supervisor Wolf proposed a motion to uphold the appeal, deny the project, and schedule the matter for the August 14 administrative agenda to prepare findings. This initial motion was seconded but failed to pass.
- Supervisor Lavagnino reiterated his position that the project should be fixed without severe penalties, citing gray areas in the process. Staff explained two options for correcting the project: waiting 12 months or submitting a significantly modified project, or proceeding with the already-granted emergency permit to issue a land use permit that effectuates the fix.
- Supervisor Brown requested to hear from the applicant regarding their willingness to compensate staff for time spent on the project before agreeing to a continuance. Supervisor Wolf expressed discomfort with a simple continuance, noting the applicant is currently in arrears for approximately $5,000 in unpaid bills.
- Motion and Decision:
- Supervisor Wolf made a new motion to uphold the appeal, deny the project, bring the matter back to the board on August 14 with findings, and direct staff to research and recommend waiving penalties/fees during the period anticipated for project redesign. This motion was seconded by Supervisor Tripp.
- Staff clarified that they would need to research the feasibility of waiving fees, and the board directed staff to attempt to do so.
- Vote Outcome: The motion to uphold the appeal, deny the project, schedule the matter for August 14, and direct staff to research fee waivers passed.
Closing Remarks
- Supervisor Lavagnino offered a moment of silence to honor Pete Brumana, a local coach and youth activist who recently passed away. The board concluded its session, with the next meeting scheduled for August 14.