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Board of Supervisors — 2022-02-15

Board of Supervisors — 2022-02-15February 15, 2022

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BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 February 15, 2022

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Meeting Summary

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Present: Williams, 4-Nelson, 5-Lavagnino, 3-Hartmann

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

Approval of Minutes (February 8, 2022)

  • The Board reviewed the minutes from the previous meeting.
  • A motion to approve the minutes was made and passed.

Administrative Agenda

  • Supervisor Lavagnino requested the removal of item A16 and offered comments regarding late Commissioner Blau.
  • The remaining administrative agenda items were approved.
Passed 4–1 · against: Hartmann

Appointment to Planning Commission

  • The Board approved the appointment of Vincent Martinez to the Planning Commission for the 5th District.
  • The term for this appointment ends on December 31, 2022.

LAFCO Appointments

  • Staff requested the appointment of one regular member and one alternate to the Local Agency Formation Commission for four-year terms.
  • Supervisors discussed district boundary changes and the practice of promoting diligent alternates to regular positions.
  • The Board appointed Supervisor Williams as the regular member and Supervisor Nelson as the alternate.

Countywide Recreation Master Plan

  • Staff presented the plan's status, including demographic analysis, facility inventory, and extensive public outreach efforts.
  • The proposal includes expanding the scope to address zoning barriers and creating incentive programs for recreational projects.
  • Staff requested specific funding allocations, a contract amendment with Wood Environmental, and a CEQA exemption determination.
  • The Board approved staff recommendations A through F.

Cannabis Business License Ordinance Amendments

  • Staff proposed amendments to remove processing activities from the acreage cap and establish sunset dates for non-conforming operators.
  • The proposal also included provisions for ownership changes and license transferability subject to vetting.
  • Staff revised the proposed sunset deadline from June 30, 2022, to October 31, 2022, following Board discussion.
  • A motion to adopt the recommendations with the modified sunset date failed.

Appeal of Cadwell Cannabis Land Use Permit

  • Staff recommended denying the appeal and granting de novo approval for a 24.45-acre cultivation area.
  • The recommendation included a condition prohibiting generators except for temporary use during power outages or emergencies.
  • Supervisors discussed water supply adequacy, CEQA findings, and the applicant's history of violations.
  • A motion to approve the revised recommended actions failed.

COVID-19 Update

  • Public Health officials reported a significant decline in new infections and active cases.
  • The Board received an explanation for rescinding the masking mandate for vaccinated individuals in public indoor settings.
  • Masking requirements remain in place for healthcare, schools, childcare, long-term care, and correctional facilities.

Ex Parte Communications

  • Board members disclosed specific communications regarding site visits, water issues, and generator regulations.
  • The Board accepted these disclosures into the record.

Closed Session

  • The Board discussed existing litigation and labor negotiations with employee bargaining units.
  • No reportable action was taken during the closed session.

Full summary

Agenda Item: Approval of Minutes (February 8, 2022)

  • The Board considered the minutes from the February 8, 2022 meeting. A motion was made to approve the minutes. The motion was seconded and passed.

Agenda Item: Administrative Agenda

  • The Board considered the administrative agenda. Supervisor Lavagnino requested to pull item A16 and commented on the late Commissioner Blau. A motion was made to approve the administrative agenda. The motion was seconded and passed.
Passed 4–1 · against: Hartmann

Agenda Item: Appointment to Planning Commission (Administrative Item 16)

  • The Board considered the appointment of Vincent Martinez to the Planning Commission for the 5th District, with a term ending December 31, 2022. The appointment was approved. The vote outcome was passed.

Agenda Item: LAFCO Appointments (Departmental Item 1)

  • Staff presented a request from the Santa Barbara County Local Agency Formation Commission (LAFCO) for the Board to appoint one regular member and one alternate member to four-year terms (March 1, 2022, through March 1, 2026). Previous terms for Supervisors Lavagnino and Williams expired on March 1, 2022. Supervisors discussed the roles, with Supervisor Lavagnino suggesting Supervisor Nelson might be more appropriate for the regular member position due to district boundary changes. Supervisor Williams expressed support for a practice where alternates who perform diligence move into regular positions. Supervisor Nelson moved to appoint Supervisor Williams as the regular member and Supervisor Nelson as the alternate. The motion was seconded and passed.

Agenda Item: Countywide Recreation Master Plan (Departmental Item 4)

  • Staff presented the status of the Countywide Recreation Master Plan, highlighting demographic analysis, facility inventory, and public outreach efforts (including over 5,000 survey responses, 28 pop-up events, and 12 workshops). The presentation outlined a proposed expansion of the scope of work to include amendments to the County Comprehensive Plan, zoning ordinances, and community plans to facilitate private and public recreational projects by removing zoning barriers and creating incentive programs. Staff requested funding of $490,000 ($450,000 from Parks, Trails, and Open Space funds; $40,000 from the Equity Set-Aside fund), a contract amendment with Wood Environmental in the amount of $400,506, and a budget revision of $120,000. Staff also requested a determination that the recommended actions are exempt from CEQA under Section 15262.
  • Public comment was received from multiple individuals, including Kyle Richards (Goleta City Council Member), who supported interjurisdictional collaboration; an equestrian speaker who requested equestrian-only trails; representatives from Mosby Winery/Vega Vineyards and Gleason Family Vineyards who supported agricultural tourism; and Kathy Rosenthal (San Ynez Valley Riders), who suggested including age and gender in equity analysis and updating the Kachuma Recreation Management Plan. Other commenters discussed the need for proper funding, coordination among agencies, and the inclusion of private projects to provide public benefits.
  • Supervisors discussed the plan as an investment in youth and active recreation, emphasizing the need to work with willing landowners and respect agricultural operations. Supervisor Nielsen raised questions about the nexus between the plan and the Ag Enterprise Ordinance. A motion was made to approve staff recommendations A through F. The motion was seconded and passed.

Agenda Item: Cannabis Business License Ordinance Amendments (Departmental Item 3)

  • Staff presented proposed amendments to Chapter 50 of the County Code regarding the licensing of cannabis operations. The amendments addressed three main areas: 1. Acreage Cap: Removing processing activities (drying, curing, trimming) from the acreage cap calculation to allow for processing-only facilities. 2. Sunset Dates: Establishing a deadline for legal non-conforming operators in the unincorporated inland area to obtain business licenses or cease operations. Staff initially proposed a June 30, 2022, deadline. Following Board discussion, staff revised the proposed deadline to October 31, 2022. Operators would have an additional six-month period (through December 31, 2022) to complete licensing while ceasing operations, after which they would be removed from the eligibility list if unsuccessful. 3. Ownership Changes: Allowing changes in ownership exceeding 20% and license transferability on the same permitted parcel, subject to vetting and background checks.
  • Public comment was received from seven individuals, including Hank Blanco (Lompoc property owner) who supported removing processing from the cap; Nancy Emerson (Solvang resident) who raised concerns about odor and regulations; Leo Welder (Beta Scientific) who requested a later sunset date; and representatives from the North County Farmers Guild and Pacific Grown Organics. The Santa Barbara Coalition for Responsible Cannabis spoke in support of sunset provisions but opposed increasing the cannabis acreage cap in Carpinteria.
  • Supervisors discussed the removal of processing from the cultivation cap, with Supervisor Lavagnino seeking clarification on standalone processing and Supervisor Nielsen expressing concern about odor mitigation. Supervisors debated the sunset date, with Supervisor Lavagnino expressing discomfort with the June 30 date and Supervisor Nielsen suggesting a later date to align with the harvest cycle. Supervisor Lavagnino raised concerns about odor control and land use integration for processing facilities on Ag-2 lands, stating she was not comfortable voting for the package as presented due to these issues. Supervisor Williams expressed concern about potential manipulation of ownership rules.
  • A motion was made to adopt staff recommendations A, B, and C, with the modification that the sunset clause for legal non-conforming operations be changed from June 30, 2022, to October 31, 2022. The motion was seconded. The motion failed.

Agenda Item: Appeal of Cadwell Cannabis Land Use Permit (Departmental Item 2)

  • Staff presented the appeal of the director’s and Planning Commission’s approval of the Cadwell Cannabis Land Use Permit (Case No. 19 LUP 480). The project involves a 24.45-acre cultivation area. Staff addressed appellant issues regarding legal nonconforming status, water supply, CEQA findings, and agricultural conflicts. Staff stated the project has adequate water supply, complies with zoning regulations, and that the Programmatic EIR is adequate. Staff recommended the Board deny the appeal, make findings for approval, determine the PEIR is adequate, and grant de novo approval subject to conditions, including an additional condition prohibiting generators except for temporary use during power outages or emergencies.
  • Public comment was received from Gwen Baylor (Santa Barbara Coalition for Responsible Cannabis), who argued against the approval citing water supply and CEQA issues; a hydrogeologist who presented technical analysis opposing the water supply findings; John DeFriel (Applicant Representative), who presented water usage data; and Bob Nelson (Applicant Representative), who provided details on compliance. The San Ynez River Water District provided comments on reported water use discrepancies.
  • Supervisors discussed the water supply adequacy and the applicant’s status as a legal nonconforming use. Supervisor Lavagnino expressed concerns regarding water supply and the applicant’s history of violations. Supervisor Williams expressed concern about the applicant's history of violations and the impact on the Santa Ynez River during a drought. Supervisor Hart noted that the applicant had removed generators but the violation was not fully resolved. A professional geologist representing the applicant urged the board to agree with staff recommendations, citing testing results and State Water Resources Control Board assessments.
  • A motion was made to approve revised recommended actions 1, 2, 3, and 4, including the additional condition of approval regarding generators. The motion was seconded. The motion failed.

Agenda Item: COVID-19 Update (Departmental Item 5)

  • Public Health officials presented an update on the pandemic, noting a rapid decline in new infections (143, a 53% decrease from two weeks prior) and active cases (1,186, a 49% decrease). The case rate per 100,000 dropped to 42.35. Five new deaths were reported, all involving individuals aged 70 or older. Vaccination data showed 71.4% of eligible county residents were fully vaccinated. Officials explained the decision to rescind the masking mandate for vaccinated individuals in public indoor settings, aligning with the state’s shift from a mandate to a strong recommendation. Masking remains required in healthcare, schools, childcare, long-term care, and correctional facilities.
  • Public comment was received from two individuals. One commenter expressed concern about the Board’s stance on mask mandates and vaccine requirements. Another commenter provided a different perspective on public health measures. The Board received the update. No vote was required.

Agenda Item: Ex Parte Communications

  • Board members disclosed ex parte communications. Supervisor Lavagnino disclosed a site visit and a meeting with Mark Schatillo regarding water and violations. Supervisor Hart disclosed a conversation with the APCD executive officer regarding generators. Supervisor Williams disclosed a site visit and a meeting with Mark Schatillo. The board accepted the disclosures into the record.

Agenda Item: Closed Session

  • The board entered closed session to discuss existing litigation (Zissa v. County of Santa Barbara) and labor negotiations with various employee bargaining units. The board took no reportable action in closed session.

Adjournment

  • The board adjourned until Tuesday, March 1, 2022.