Board of Supervisors — 2018-02-27February 27, 2018

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 February 27, 2018

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Meeting Summary

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At a glance

Cultural Resources Guidelines

  • Staff proposed revising Chapter 8 of the Environmental Thresholds and Guidelines Manual to include Archeological, Historic, and Tribal Cultural Resources.
  • The proposal incorporates CEQA frameworks, AB 52 consultation requirements, and new field work reporting guidelines.
  • The Board accepted recommendations A, B, and C to adopt the revised guidelines.

Cannabis Land Use Ordinance Amendments

  • Staff requested amendments to remove the word "outdoor" from odor abatement and CUP requirements to include indoor and mixed-light cultivation.
  • The Board adopted the staff recommendation with direction to return regarding a rational basis for regional caps on cultivation licenses.
  • Staff clarified that the amendments do not affect Accessory Dwelling Unit regulations.

Measure DT (Cannabis Operations Tax)

  • The Board considered authorization to submit a direct argument in favor of the cannabis operations tax ballot measure.
  • Staff presented the drafted argument, noting specific word count constraints.
  • The Board authorized the submission of the argument and potential rebuttal.

Montecito Architectural Guidelines (Phase Two)

  • Staff presented amendments to limit the size, bulk, and scale of Detached Accessory Buildings (DABs).
  • Key changes include limiting two-story guest house heights to 25 feet and capping gross floor area at 40% lot coverage.
  • The Board approved the guidelines, which are exempt from CEQA.

Debris Flow Recovery and Storm Preparedness

  • The Director of Recovery reported that 74% of creek channels and 92% of debris basins have been cleared.
  • Approximately $124 million in work has been completed or programmed through Public Works.
  • The Board adopted staff recommendations regarding the financial status and ongoing recovery efforts.

Thomas Fire and Debris Flow Costs

  • Staff estimated the County’s portion of the Thomas Fire and debris flow costs at approximately $46 million.
  • Staff requested a $6.25 million transfer from the strategic reserve to the General Fund for immediate appropriations.
  • The Board moved the balance of the agenda, including this cost update item.

Sewer Discharge Regulations

  • Staff presented amendments to align local regulations with the State Water Board’s general permit.
  • The changes add the Laguna County Sanitation District to Chapter 24A for administrative fines.
  • The Board approved the amendments to update Chapter 29 references and penalties.

O’Neill Residence Variance

  • Staff recommended denial of a General Plan Amendment and Rezone for a new residence on Wallace Avenue.
  • The applicant’s attorney argued for approval based on residential history and access via Wallace Avenue.
  • The Board approved the project with specific amendments to conditions and findings, including retaining Condition 23.

Resolution of Commendation

  • The Board considered a resolution honoring Bob Clark for his 39 years of service in the General Services Department.
  • A presentation recognized his contributions to facility management and the North County jail.
  • The Board adopted the resolution of commendation.

Withdrawal of Items

  • The Board considered requests to withdraw Items A-25, A-29, and D-4 from the agenda.
  • Motions were made and seconded to remove these specific items from consideration.

Public Works Budget/Cash Flow

  • Public Works staff explained the need to pull a specific item due to high debris flow recovery costs and limited cash.
  • Staff indicated they would meet with the CEO’s office to discuss funding sources and reimbursements.

Agriculture and CEQA Standards

  • A representative for CoLab expressed concern that cannabis cultivation standards are more restrictive than those for other crops.
  • The speaker argued this creates an unequal standard and potential legal precedent issues under CEQA.

School Resource Officers (SROs)

  • Public speakers supported retaining SROs at San Marcos High School, citing a recent incident in Los Angeles.
  • A Supervisor stated their office is working with the superintendent to set up a meeting with the district and sheriff’s department.

Golden Inn and Village Appeal

  • A co-appellant requested the reassignment of the staff report to an unconflicted planner.
  • The speaker alleged the assigned planner stamped incorrect plans and claimed a conflict of interest regarding housing needs.

Santa Barbara Channel Keeper

  • A representative addressed difficulties obtaining information on stormwater pollution prevention and long-term debris plans.
  • The speaker requested enhanced communication with the environmental community to ensure transparency in future impacts.

Full summary

Agenda Item: Revised Guidelines for Determining Significance of and Impacts to Cultural Resources

  • Staff presented a proposal to revise Chapter 8 of the Environmental Thresholds and Guidelines Manual, retitling it to include Archeological, Historic, and Tribal Cultural Resources. The presentation covered the CEQA framework, definitions of historical resources, and the 2015 addition of Tribal Cultural Resources under AB 52, including consultation and confidentiality requirements. A new appendix containing field work and reporting guidelines was presented to replace previous informal regulations. Public comments included inquiries regarding the application of standards to specific zones and concerns about the definition of "outdoor" cultivation. A motion was made to accept recommendations A, B, and C. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Cannabis Land Use Ordinance Amendments (Case Nos. 17 ORD4 and 17 ORD10)

  • Staff requested amendments to the findings for cannabis land use ordinances adopted on February 6th, specifically removing the word "outdoor" from provisions regarding odor abatement plans and conditional use permit (CUP) requirements for Ag-2 zones to include indoor and mixed-light cultivation. Staff recommended adopting these changes to the Land Use and Development Code and Coastal Zoning Ordinance, determining they are covered by the previously certified EIR or exempt from CEQA, and transmitting the amendments to the Coastal Commission. Public comments included requests for caps on commercial cannabis activity, opposition to single-parcel buffers, and concerns regarding traffic and agricultural standards. Staff clarified that the amendments do not affect Accessory Dwelling Unit (ADU) regulations. The Board discussed options for implementing caps on cultivation licenses, noting potential legal challenges regarding rational basis if using the coastal zone as a boundary. A motion was made to adopt the staff recommendation with the additional direction that staff return to the Board to discuss a rational basis for regional caps on cultivation licenses or to discuss the issue further when retail caps are addressed. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Measure DT (Cannabis Operations Tax Ballot Measure)

  • The Board considered authorization to submit a direct argument in favor of the cannabis operations tax ballot measure and to authorize authors to provide a rebuttal if needed. Staff presented the drafted argument, noting word count constraints. A motion was made to move the recommended actions. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Montecito Architectural Guidelines and Development Standards (Phase Two)

  • Staff presented amendments to the Montecito Architectural Guidelines and Development Standards regarding Detached Accessory Buildings (DABs) to limit size, bulk, and scale. Key changes included clarifying that building footprint includes unenclosed accessory structures, limiting the height of two-story guest houses, artist studios, or cabanas in the inland area to 25 feet, clarifying that the 30% rear setback limit applies to the cumulative footprint of all accessory structures, limiting gross floor area to 40% lot coverage, and adding guidelines to limit the cumulative net floor area of DABs based on lot size. Staff stated the amendments are exempt from CEQA. Public comments included support from the Montecito Association and residents, as well as questions regarding scenarios involving ADUs, detached garages, and eave calculations. Staff clarified that ADUs are regulated separately and that eaves over three feet in width would count toward the footprint. A motion was made to approve the guidelines. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Recovery from January 9 Debris Flow and Storm Preparedness

  • The Director of Recovery provided an update on storm preparedness and recovery efforts following the January 9 debris flow. An advisory was in place for an upcoming storm, with teams working to determine if thresholds for a warning and evacuation would be met. Progress on debris clearing was reported, with 74% of creek channels and 92% of debris basins cleared. Financial updates indicated approximately $124 million in work completed or programmed through Public Works. A motion was made to adopt staff recommendations regarding the financial status and recovery efforts. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Thomas Fire and Debris Flow Cost Update (Item A-16)

  • Staff provided an update on costs associated with the Thomas Fire and the January 9 debris flow, with the current estimate for the County’s portion of the costs at approximately $46 million. Staff requested a transfer of $6.25 million from the strategic reserve to the General Fund to address immediate appropriations issues for the Sheriff’s Department and the Office of Emergency Management. Staff noted that many costs, particularly staff straight time, are non-reimbursable under FEMA and CalOES rules, though the County is working to maximize reimbursement. A motion was made to move the balance of the agenda, which included this item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Sewer Discharge Regulations (Item D3)

  • Staff presented amendments to the County Code regarding sewer discharges to the Laguna County Sanitation District. The changes aim to align local regulations with the State Water Board’s general permit by adding the sanitation district to Chapter 24A for administrative fines, thereby removing the requirement for Sheriff’s citations for violations. The amendments also update Chapter 29 to reference existing state codes and penalties. A motion was made to approve the item. The motion was seconded. Vote Outcome: Passed.

Agenda Item: O’Neill Residence Variance (Item D7 / 2551 Wallace Avenue)

  • Staff presented a request for a General Plan Amendment and Rezone for a property on Wallace Avenue in the Summerland area, currently zoned for recreation. The proposal includes the demolition of an existing 1,443-square-foot residence and the construction of a new 2,218-square-foot residence, along with variances for setbacks and parking, and a rezone to 7R1. Staff noted the property is surrounded by railroad-owned property and lacks existing access easements. Staff identified issues including inconsistency with Coastal Policy 3-4, lack of a sewer line easement, and inability to make findings for the parking variance. Staff recommended denial of the project. The applicant’s attorney argued that the bluff setback policy does not apply to replacement structures, contended that physical and legal access exists via Wallace Avenue, and requested changes to findings to reflect the property’s residential history. The attorney also requested the deletion of Condition 23 regarding the Union Pacific Railroad right-of-way. Staff advised retaining Condition 23 to protect the County from potential litigation. The Board discussed the staff’s recommendation and the applicant’s arguments. A motion was made to approve the project with specific amendments to the conditions and findings, including retaining Condition 23 and adding findings that acknowledge the property’s prior residential use and current zoning. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Resolution of Commendation (Item 839)

  • The Board considered a resolution of commendation honoring Bob Clark for his retirement from the General Services Department after 39 years of service. A presentation was made recognizing his contributions to facility management and the North County jail. A motion was made to adopt the resolution. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Minutes Approval

  • The Board considered the approval of the minutes from the February 13 meeting. A motion was made to approve the minutes. The motion was seconded. Vote Outcome: Passed.

Agenda Item: Withdrawal of Items

  • The Board considered requests to withdraw several items from the agenda, including Item A-25 (North County Pavement Rehabilitation Project), Item A-29 (Lower Mission Creek Flood Control Project), and Item D-4. Motions were made to withdraw these items from the agenda. The motions were seconded. Vote Outcome: Passed.

Agenda Item: Public Works Budget/Cash Flow

  • Public Works staff explained the need to pull a specific item for cash flow purposes, citing the high cost of debris flow recovery work and the current lack of available cash to carry the cost. Staff indicated they would meet with the CEO’s office to discuss funding sources, including FEMA and Cal OES reimbursements. No motion was recorded in this transcript segment.

Agenda Item: Agriculture and CEQA Standards

  • A representative for CoLab expressed concern that the standards applied to cannabis cultivation are more restrictive than those for other agricultural crops, arguing that this creates an unequal standard and potential legal precedent issues under CEQA. No motion was recorded in this transcript segment.

Agenda Item: School Resource Officers (SROs)

  • Members of the public spoke in support of retaining School Resource Officers at San Marcos High School, citing a recent incident in Los Angeles where an SRO prevented a shooting. One speaker submitted a petition with over 1,200 signatures supporting the retention of SROs. A Supervisor noted that their office had been in communication with the school district, the sheriff’s department, and parents following an incident at San Marcos High School, and stated they were working with the superintendent’s office to set up a meeting between the district, the sheriff’s department, and the Supervisor’s office. No motion was recorded in this transcript segment.

Agenda Item: Golden Inn and Village Appeal

  • A resident and co-appellant requested that the Board direct the planning department to reassign the staff report for the appeal to an unconflicted planner, alleging that the assigned planner had stamped incorrect plans leading to non-compliant construction. The speaker argued that the department had a conflict of interest due to the project’s significance in meeting housing needs and the involvement of a construction grant. No motion was recorded in this transcript segment.

Agenda Item: Santa Barbara Channel Keeper

  • Kira Redman of Santa Barbara Channel Keeper addressed the Board regarding the county’s debris removal efforts following the January 9th debris flows. The speaker noted difficulties obtaining specific information regarding stormwater pollution prevention measures, long-term plans for remaining debris, and restoration of altered creek channels. The speaker requested that the county enhance communication with the environmental community and the public to ensure transparency and inclusivity in addressing future environmental impacts. No motion was made, seconded, or decided during this segment.

Agenda Item: Other Public Comments

  • Tri-County Regional Center: A parent filed a complaint alleging abuse and isolation of their son, a dependent adult, at the facility, citing violations of California law regarding isolation and visitation rights.
  • Clerk of the Board/Supervisor Comments: During the discussion on cannabis, a supervisor noted that the Ag Advisory Committee had sent a letter of concern regarding development standards impacting other agriculture. Another supervisor stated they would abstain from voting on the cannabis item due to opposition to the development standards. A straw poll was requested regarding the approval of a project, with one supervisor voting "aye" in deference to the First District Supervisor.