Meeting Summary
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At a glance
Honorary Resolutions
- The Board adopted resolutions A1, A2, and A44 unanimously.
- Item A1 honored Yelena Pavlov for over 20 years of service in the Behavioral Wellness Department.
- Item A2 declared February 2019 as Grand Jury Awareness Month in Santa Barbara County.
- Item A44 recognized Sergeant First Class Salvador Perez as the January 2019 Veteran of the Month.
Statewide Recycling Commission Resolution
- Discussion centered on the impact of China’s refusal to accept certain recyclables and the need for domestic market solutions.
- The Board clarified that the intent was to seek statewide direction rather than force foreign acceptance of waste.
- The motion to move the item forward passed 4 to 1.
Local Vendor Preference Policy
- A public speaker argued the current policy disadvantages local vendors, while staff explained the goal is maximizing competition.
- Concerns were raised regarding the 6% preference margin discouraging outside bids and the transparency of bid matching.
- The Board moved the item to the February 12 agenda for further discussion and outreach unanimously.
Cannabis Regulatory Amendments and CEQA Compliance
- The Board reviewed seven proposed amendments to cannabis ordinances, including changes to agricultural land use, employee background checks, and retail allocation.
- Staff recommended authorizing the County Executive Office to notify the state of applicants engaged in the local permitting process for provisional licenses.
- The Board selected Option 1 for retail allocation, directing staff to pre-qualify applicants for suitable locations rather than using a lottery.
- The Board rejected the proposal to allow generators for security lighting due to noise, greenhouse gas, and fire safety concerns.
- The Board directed staff to study restrictions on cannabis cultivation in specific AG-1 zoning districts and parcel sizes.
- The Board agreed to change code language from "may deny" to "shall deny" for license renewals with specific issues.
- The Board authorized the CEO’s office to notify the state regarding provisional licenses while emphasizing that non-permittable operations must be shut down by April.
- A motion to adopt the recommendations and directives passed unanimously, while a separate motion for Ag-2 odor control failed for lack of a second.
Hazardous Materials Code Updates
- Staff presented recommendations to repeal outdated chapters and adopt new regulations aligning with California Unified Program Agency standards.
- The Board approved the code updates to modernize hazardous materials and waste regulations unanimously.
Sheriff’s Office Live Scan Fee
- The Board discussed the fee increase intended to achieve true cost recovery for fingerprinting services.
- The Board supported the staff recommendation to increase the fee unanimously.
SEP V Koyama Solar Project
- The Board heard a presentation on a proposed 20-acre utility-scale solar and battery storage facility in the Koyama Valley.
- The project includes a General Plan Amendment and Conditional Use Permit, with no new environmental effects identified under CEQA.
- The Board approved the project unanimously, noting community benefits related to water conservation in the overdrafted basin.
Closed Session
- The Board considered employee appointments, real property negotiations, and legal counsel conferences.
- Staff reported that no reportable actions were taken during the session.
Full summary
Meeting Opening and Minutes
- The Board of Supervisors called the meeting to order. A motion was made and seconded to approve the minutes of the January 15, 2019 meeting. The motion passed unanimously.
General Public Comment (Pre-Closed Session)
- One speaker addressed the Board regarding a dispute with the Planning and Development Department concerning a second-story addition to their home. The speaker stated that the Board had ruled the addition violated guideline 4.7 because it was located over the kitchen, dining room, and living room, not solely over the garage as required. The speaker alleged that an architect attempted to secure approval by offering a $1,000 donation to the Board and expressed dissatisfaction with the ruling and the conduct of a former supervisor and a planning official.
Closed Session
- The Board entered closed session to consider three matters: 1. Public employee appointment for the Planning and Development Director. 2. Conference with real property negotiators regarding a portion of the Dangerman Preserve in the Coho Halama area. 3. Conference with legal counsel concerning a workers' compensation litigation case (Manzur v. County of Santa Barbara).
- Upon returning from closed session, staff reported that there were no reportable actions taken during the session.
General Public Comment (Post-Closed Session)
- Three speakers addressed the Board: 1. A speaker described being removed from her home by a conservator and subsequently freed from conservatorship after intervention by a public guardian and a judge. She urged the Board to be aware of potential issues with conservatorships. 2. A speaker discussed an incident at the Hot Springs Trailhead in Montecito, alleging that a private security company blocked access to the parking lot and assaulted the speaker. The speaker requested investigation into the security company’s actions. 3. A speaker requested the Board investigate a specific fraudulent conservatorship case (16PR00411), alleging violence in the courtroom, lack of proper service of papers, and submission of fraudulent documents by a court-appointed attorney.
Administrative Agenda: Honorary Resolutions
- A motion was made and seconded to adopt resolutions A1, A2, and A44. The motion passed unanimously.
- Item A1: A resolution of commendation honoring Yelena Pavlov upon her retirement from the Behavioral Wellness Department after over 20 years of service. The resolution was read into the record and adopted.
- Item A2: A resolution declaring February 2019 as Grand Jury Awareness Month in Santa Barbara County. The resolution was read into the record and adopted.
- Item A44: A resolution of commendation honoring Sergeant First Class Salvador Perez as the January 2019 Veteran of the Month. The resolution was read into the record and adopted.
Administrative Agenda: Item A7
- Topic: Resolution supporting a statewide commission on recycling markets.
- Discussion: Discussion focused on the impact of China’s refusal to accept certain recyclable materials and the need for domestic markets or statewide leadership. One supervisor expressed concern that the resolution implied forcing China to take trash, while another clarified the intent was to seek statewide direction and domestic market solutions.
- Action: A motion was made and seconded to move the item forward.
- Vote: The motion passed 4 to 1.
Administrative Agenda: Item A26
- Topic: Recommendations regarding the local vendor preference policy update.
- Discussion: A public speaker representing a local business coalition argued that the current policy saves money at the expense of local vendors and the local economy. Staff explained that the goal was to maximize competition, noting that outside vendors often do not bid because they cannot beat the 6% local preference margin. One supervisor questioned whether the 6% preference was too high, leading to a lack of outside bids. Another supervisor expressed concern about the transparency of the bid process if the county were to ask vendors to match bids after the initial opening.
- Action: A motion was made and seconded to move the item to the February 12 agenda for further discussion and outreach.
- Vote: The motion passed unanimously.
Administrative Agenda: Balance of Agenda
- A motion was made and seconded to move the balance of the administrative agenda. The motion passed unanimously.
Agenda Item 1: Cannabis Regulatory Amendments and CEQA Compliance
- Topic: Hearing to consider recommendations regarding options for cannabis regulatory amendments and authorization of California Environmental Quality Act (CEQA) compliance for state provisional annual licenses.
- Staff Presentation: Staff presented seven possible amendments to the Cannabis Land Use Permit Ordinances and Cannabis Business License Ordinances:
- 1. Allow cannabis testing on agricultural lands (AgZone properties). 2. Increase controls on cannabis operations on Ag-1 properties (rural areas). 3. Eliminate live scan requirements for agricultural employees (retaining them for owners, supervisors, etc.). 4. Consider alternative storefront retail allocation methods (e.g., random selection by community plan area). 5. Transfer energy plan review responsibilities from the Planning Department to the Community Services Department (Sustainability Division). 6. Increase authority to reject license renewals (changing "may" to "shall" in denial criteria). 7. Allow generators for security lighting and cameras where no other power source is available.
- Provisional Licenses: Staff explained that to qualify for a provisional annual license from the State of California, operators must hold a state temporary license for the same site, have submitted a complete annual license application to the state (pending only CEQA compliance), document that CEQA is "underway," and possess a final streambed diversion agreement or exemption from Fish & Wildlife. Staff recommended that the County Executive Office be authorized to notify the State Licensing Authority that an applicant is engaged in the county permitting process only if the applicant meets specific local criteria: the planning and development (P&D) department has accepted the application for processing and fees have been paid, OR the applicant has already obtained land use entitlements and has submitted a complete application for a county business license. Staff noted that currently, zero operators in Santa Barbara County have completed the full local permitting and licensing process.
- Discussion:
- Testing in Ag Zones: The Board discussed the feasibility of allowing testing labs in agricultural zones. Consensus was reached to maintain existing regulations regarding this item.
- Controlling Cannabis on AG-1: The Board discussed banning cannabis cultivation on AG-1 zoned properties in the inland portion of the county. The Board directed staff to study the distinction between zoning districts (AG-1-5, AG-1-10, AG-1-20) and parcel sizes (specifically parcels of 20 acres or less) to determine the appropriate scope of the ban. This item was referred to the Planning Commission for further analysis and options.
- Employee Live Scan: The Board discussed eliminating the live scan requirement for all agricultural employees. The Board directed staff to verify that non-live scan background checks are sufficient for security and to draft a local ordinance that mirrors state law requirements (live scans for owners, executives, and drivers) while ensuring the county is not solely reliant on state law changes. Staff were instructed to return with a proposal.
- Retail Allocation: The Board discussed methods for allocating retail licenses. The Board selected Option 1, which involves pre-qualifying applicants and directing them to locations suitable for law enforcement and community activity, rather than using a lottery system.
- Energy Plan Review: The Board agreed to amend the county code to specify that energy plans for cannabis facilities must be reviewed by the Community Services District (CSD), which already conducts similar evaluations.
- Authority to Reject Renewals: The Board discussed increasing the authority to reject license renewals. The Board agreed to change the code language from "may deny" to "shall deny" when specific issues are present. Additionally, the Board directed staff to explore additional criteria for denial based on enforcement cases.
- Generators for Security: The Board discussed allowing generators for security purposes. The Board rejected this proposal due to concerns regarding noise, greenhouse gases, and fire safety.
- Notice Provisions: The Board discussed expanding notice provisions for Conditional Use Permit (CUP) hearings. The Board agreed to maintain the current 1,000-foot radius for general notice but directed that all residents within an Environmental Designation Review Neighborhood (EDRN) be notified whenever a CUP is required.
- Ag-2 Restrictions: The Board discussed odor control, setbacks, and parcel limitations for Ag-2 zones. Supervisor Hartmann proposed odor control requirements for Ag-2 lands. The Board did not reach a consensus on odor control for Ag-2, with several members expressing concern that such requirements would effectively ban outdoor cultivation. The Board directed staff to consider setbacks and other mitigation strategies, noting that the Planning Commission should weigh in on the interplay between hoop houses and cannabis regulations.
- Provisional Licenses Authorization: The Board authorized the CEO’s office to notify the state that a Cannabis Development Plan (CDP) has been submitted, allowing for provisional licenses while CEQA compliance is pending. The Board emphasized that operations that are not permittable (e.g., outdoor operations in the Carpinteria greenhouse overlay or within setbacks) must be rejected or shut down by the end of April.
- Public Comment: Public comment was received from numerous residents, industry representatives, legal counsel, and agricultural stakeholders. Comments addressed odor and health impacts, enforcement and permitting concerns, economic and industry concerns (including wine and tourism sectors), specific regulatory issues (generators, testing facilities, Ag-2 lands, EDRN notice, right to farm), support for current regulations and industry growth, and opposition to cultivation on Ag-1 properties.
- Vote:
- A motion was made and seconded to adopt the seven recommendations and additional directives as discussed, including the exploration of restrictions on smaller AG-1 zoning in the inland portion and the authorization for the CEO to notify the state regarding provisional licenses. The motion passed unanimously.
- A separate motion by Supervisor Hartmann to require odor control on Ag-2 lands was made but not seconded, and therefore failed.
Agenda Item 2: Hazardous Materials Code Updates
- Topic: Recommendations to update the Santa Barbara County Code regarding hazardous materials and waste.
- Presentation: Larry Fay, Environmental Health Services Director, presented recommendations including repealing Chapter 15, Article 7; repealing Chapter 18, Articles 3 & 4; adopting a new Chapter 18C, Article 3 to incorporate California Unified Program Agency regulations; repealing Chapter 18, Article 5 (infectious waste, a program not administered since the mid-90s); and making minor amendments to Chapter 24 to align fines and penalties.
- Vote: A motion was made and seconded to approve the code updates. The motion passed unanimously.
Agenda Item 3: Sheriff’s Office Live Scan Fee
- Topic: Recommendation to increase the fee for live scan ink print fingerprinting to achieve true cost recovery.
- Discussion: The Board discussed whether cost recovery would expedite the process, noting that processing times are determined by the DOJ and FBI.
- Vote: A motion was made and seconded to support the staff recommendation to increase the fee. The motion passed unanimously.
Agenda Item 4: SEP V Koyama Solar Project
- Topic: Hearing for the SEP V Koyama utility-scale solar photovoltaic and battery energy storage facility project.
- Presentation: Joe Dargill, planner for the project, presented details regarding a proposed 20-acre utility-scale solar and battery energy storage facility located in the Koyama Valley rural region. The site is zoned Ag 220 and is adjacent to an existing 327-acre solar array. The proposal includes a General Plan Amendment to add a utility-scale solar photovoltaic overlay designation and a Conditional Use Permit for 3 megawatts of solar panels and 3 megawatts of onsite battery storage. Dargill noted that the project complies with Local Urban Design Criteria (LUDC) and that no new environmental effects were identified under CEQA Section 15168, meaning no additional environmental review is required. The Planning Commission had previously approved the project 5-0 on November 7, 2018, adding a condition for wildlife passage clearance under the perimeter fence.
- Discussion: Supervisor Williams expressed support for the project, citing community benefits related to water conservation in the critically overdrafted basin and the transition of agricultural land to non-water-using purposes. He noted that the project size is limited by PG&E substation capacity constraints, which cap total utility-scale solar in the Cuyama Valley at 600 acres. Supervisor Hartmann asked for clarification on the definition of "utility scale solar," and Dargill explained that the designation is based on whether energy is used on-site rather than a specific megawatt threshold.
- Ex Parte Disclosures: Supervisor Williams disclosed prior conceptual conversations with solar developers and community members regarding solar development in the general vicinity, but stated he had not spoken to anyone about this specific project beyond staff. Supervisor Hartmann disclosed involvement in a previous site as a Planning Commission member but stated she had no contact regarding this specific site. No other disclosures were made.
- Vote: A motion was made and seconded to approve the project. The motion carried unanimously.