Meeting Summary
Present: Katz, 3-Hartmann, 4-Nelson, Williams, 5-Lavagnino
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
Housing Element Update Rezoning and Site Selection
- Staff presented a plan to rezone specific sites to meet Regional Housing Needs Allocation targets plus a 15% buffer for lower and moderate-income units.
- The proposal includes new zoning designations, a temporary exemption from Level of Service standards, and "use by right" provisions for qualifying projects.
- Supervisors discussed the necessity of deed restrictions for long-term affordability and the scope of environmental review exemptions.
North County Rezone Site Review and Deliberation
- The Board reviewed 18 potential rezone sites in the North County, focusing on job-housing balance, infrastructure capacity, and commercial development potential.
- Conceptual agreement was reached to include eight specific sites, such as Apollo Way, Hummel Cottages, and Keysight 11, in the final housing plan.
- Decisions regarding MRO zoning transfers and rezoning for Mariposa Royale and Keysight 26 were deferred pending further legal review or development agreements.
Ex Parte Communications Disclosure
- Supervisors disclosed communications with various project applicants, including those related to Keysight sites, Chumash property, and the Boys & Girls Club.
- Supervisor Nelson directed the immediate refund of campaign contributions from two PACs that conflicted with state ethics laws regarding project applicants.
- Supervisor Hartman noted a similar contribution pending return to ensure compliance with disclosure requirements.
General Public Comment on Hammonds Meadow
- Two speakers alleged construction at Hammonds Meadow desecrated a sacred Chumash site due to lack of transparency and proper consent.
- Requests included a cease and desist order, a review of monitor qualifications, and the formation of a Chumash task force.
- Supervisor Hartman directed staff to investigate permit status and verify that proper consultation protocols were followed.
Closed Session
- The Board convened in closed session to discuss existing litigation involving American Medical Response West v. County of Santa Barbara.
- No reportable action was taken during the closed session discussion.
Full summary
Call to Order and Announcements
- The April 30, 2024, special meeting of the Santa Barbara County Board of Supervisors was called to order by Chair Lavanino. A roll call confirmed the presence of all supervisors, with Supervisor Williams participating remotely due to illness. The Clerk announced an addendum to the agenda regarding a closed session on existing litigation (American Medical Response West v. County of Santa Barbara). Procedures for public participation via Zoom and guidelines for presenting slides were outlined.
General Public Comment
- Two members of the public addressed the Board regarding construction activities at Hammonds Meadow (also referred to as Shalewa/Chalewa) in Montecito. Speakers alleged the work constituted desecration of a sacred Chumash site, citing a lack of transparency, unqualified monitors, and failure to obtain free prior informed consent from Chumash bands. Requests included a cease and desist order on construction, a review of monitor qualifications, and the formation of a Chumash task force. Supervisor Hartman directed Director Plowman to investigate the permit status and ensure proper consultation occurred. No motions were moved or voted upon regarding this item.
Departmental Item 1: Housing Element Update Rezoning and Site Selection
- The Board considered Departmental Item 1 from the Planning and Development Department regarding recommendations to approve specific case numbers (24 GPA 3, 24 GPA 4, 24 GPA 5, 24 RZN 1, 24 RZN 2, 24 ORD 7, 24 ORD 8, and 23 EIR 4). The item aimed to implement programs of the 2023–2031 Housing Element Update by rezoning sites and selecting county-owned properties to meet the Regional Housing Needs Allocation (RHNA) plus a 15% buffer for lower and moderate-income levels.
- Ex Parte Communications Supervisors Nelson, Hartman, Caput, Lavanino, and Williams disclosed ex parte communications regarding various projects, including Keysight sites, the Element Church site, the LDS property, Chumash property, Boys & Girls Club, Constellation/Apollo projects, and Richard's Ranch. Supervisor Nelson disclosed receiving campaign contributions from the South Coast Chamber PAC and Home Builders Association PAC that conflicted with the Levine Act (SB 1439) due to project applicant involvement; he instructed his treasurer to refund both contributions immediately. Supervisor Hartman noted a similar contribution from the Home Builders Association pending return.
- Staff Presentation Staff presented on the two-step process of the Housing Element Update: adoption of the element (completed in December 2023) and the current step of selecting rezone sites. The County's RHNA is 5,664 units, split between the South Coast (4,142 units) and North County (1,522 units). Staff explained that rezoning is necessary to address shortages in lower-income units (487 in North County; 1,664 in South Coast) and moderate-income units (850 in South Coast).
- Key points included:
- Affordability Assumptions: North County sites assume higher percentages of lower-income units (up to 75%) compared to South Coast sites (generally 50%).
- Zoning Amendments: Three new zoning designations with minimum and maximum densities were proposed.
- Criteria for Selection: Prioritization of projects with mixed-income housing, partnerships with nonprofits or employers, conformance to community plans, and locations along travel corridors.
- Use by Right: Projects meeting specific density (minimum 20 units/acre) and affordability (20% lower income) criteria would qualify as "use by right," exempting them from discretionary review and CEQA, provided they do not involve subdivisions.
- Builder's Remedy: Four potential rezone sites had invoked Builder's Remedy applications. Rezoning these sites would allow the County to apply more objective standards.
- Planning Commission Recommendations: The Planning Commission recommended rezoning eight sites in the North County and 16 of 18 sites in the South Coast, plus all nine county-owned sites.
- Comprehensive Plan Amendments: Rezoning requires amendments to the Land Use Element (including urban/rural boundary changes for Glen Annie and Van Wingerden), Circulation Element, and Zoning Ordinances. A new parks and recreation policy promoting walkability was proposed.
- Circulation Element Amendment: Staff proposed a temporary exemption from Level of Service (LOS) standards for qualifying housing projects to prevent infeasibility, pending a full update of the Circulation Element. This exemption applies if improvements would render a project infeasible or require density reduction.
- Program EIR: The Program Environmental Impact Report analyzed 16 resource areas, identifying 11 with significant and unavoidable impacts. Mitigation measures were proposed, but impacts remain significant. The "Reduce Project A" alternative was selected as environmentally superior. Staff noted that a Statement of Overriding Considerations (SOC) is required to approve the project.
- Board Discussion Supervisors Hartman, Caput, Nelson, and Williams questioned staff on several issues:
- LOS Exemption: Supervisors inquired about the temporary nature of the LOS exemption, the definition of "infeasibility," and whether it should be limited to specific pinch points rather than applied countywide. Staff clarified that state law limits the ability to constrain housing projects and that a third-party economic analyst would determine financial feasibility. Supervisor Nelson expressed concern regarding public safety and pedestrian traffic, suggesting the exemption be narrowly tailored.
- CEQA and Use by Right: Supervisors sought clarification on whether "use by right" projects require additional site-specific environmental review. Staff confirmed that while use-by-right projects are exempt from CEQA, those involving subdivisions or lot splits would require additional review. Projects not selected today could potentially rely on portions of the Program EIR for future reviews but would likely need additional findings.
- Deed Restrictions: Supervisor Nelson suggested modifying the 20% affordability requirement to allow market-rate affordability in the North County without deed restrictions if market conditions already support it. Supervisor Hartman countered that deed restrictions provide long-term guarantees essential for housing stability. Staff indicated the Board has discretion on this matter as state law is silent on mandatory deed restrictions.
- Transportation Mitigation: Supervisor Williams requested details on the scrutiny of financial viability regarding transportation mitigations. Staff confirmed that pro formas would be reviewed by an economic consultant to determine what costs a project can bear, ensuring developers contribute what is feasible without rendering the project infeasible.
- Public Comment on Item 1 The Clerk announced 23 speakers requesting to address Departmental Item 1. The transcript concludes as the Board prepares to hear public comment on this item. No motions were moved, seconded, or voted upon in this portion of the meeting.
Review of North County Rezone Sites and Public Comment
- Staff presented a review of 18 potential rezone sites in the North County, along with two pending projects (Apollo Way and Constellation) containing proposed rezone components. The presentation detailed site characteristics, current zoning, proposed rezoning, and estimated unit production for each location, including:
- Blue Sky Center: Proposed rezone to C2 and DR-20.
- Chumash LLC Site: Proposed rezone to DR-30/40.
- Fong Parcels: Proposed rezone to DR-30/40.
- Apollo Way: Proposed rezone to DR-20/30 and Rec.
- Constellation: Proposed rezone to C2 and DR-20/30.
- Key Sites (Orchid Area): Six sites near the Santa Maria Airport requiring density adjustments per the SBCAG Airport Land Use Compatibility Plan, including Key Site 1, Key Site 3, Key Site 10, Key Site 11, Key Site 16, and Key Site 26.
- North Point HOA: Proposed rezone to DR-20/25.
- Mariposa Real: Proposed rezone to DR-20/25.
- Boys & Girls Club Site: Proposed rezone to DR-20/25 (Planning Commission recommended a modified plan rezoning only four acres).
- Hummel Cottages: Proposed rezone to DR-20/25.
- Woodmere Villas: Proposed rezone to DR-20/25.
- Element Church: Proposed rezone to DR-20/30 (not recommended for rezone by the Planning Commission).
- Public comment was opened with 29 individuals requesting to speak. Speakers addressed various sites and general housing policy issues, including support for specific projects (Richards Ranch, Apollo Way, Key Site 1, Key Site 11), the need for deed-restricted affordable housing, traffic and infrastructure concerns (specifically at Key Site 11), environmental impacts, and the prioritization of county-owned land. Representatives for Key Site 11, Apollo Way, and Key Site 26 provided project presentations. No motions were moved, seconded, or voted upon during this portion of the meeting.
Public Comment on Housing Projects and Rezoning (Continued)
- The Board received additional public comment regarding housing proposals in the North County and South Coast areas. Topics included the need for affordable and workforce housing, concerns regarding density, traffic, parking, and school capacity in Orcutt, the importance of commercial development to reduce job-housing imbalance, and critiques of the county's historical housing production rates.
Staff Presentation: Balancing Act Tool and Site Data
- Staff presented a summary of developer letters of intent received following the January workshop, highlighting projects such as Latter Day Saints (Magnolia Apartments) and Keysight 11. Staff introduced an interactive tool called "Balancing Act," designed to assist the Board in selecting rezone sites to meet the RHNA plus a 15% buffer. The presentation included data on public interaction with the tool, noting over 2,000 views and 62 submissions for the North County simulation. Staff displayed a list of the top ten most frequently selected North County rezone sites by the public, with Keysight 10 being the most popular selection.
Board Deliberation: North County Sites and Criteria
- The Board engaged in deliberation regarding specific rezone sites for the North County. Supervisors discussed criteria for site selection, including job-housing balance, infrastructure capacity, commercial development potential, and recreational opportunities.
- Affordability: Discussion focused on the distinction between projects offering deed-restricted affordable housing versus those relying on market-driven affordability.
- Water and Commercial Development: The availability of water for commercial sites in Orcutt was discussed, specifically regarding Keysight 26, Keysight 1, and Keysight 11. Supervisors noted historical precedents for providing water to commercial projects and the need for cooperative agreements between the City of Santa Maria and the County.
- Specific Site Discussions:
- Apollo Project: Supervisor Nelson proposed supporting the rezoning of this site to advance a pending project, with the balance of the property zoned for recreation/open space.
- Boys & Girls Club: The Board discussed supporting the rezoning of four acres at this site to allow for multi-family housing to fund community facilities.
- Keysight 11: Support was expressed for this site due to its mixed-use nature, proximity to Vandenberg, and potential for commercial development.
- Keysight 10: Supervisor Nelson proposed supporting the southern portion of this site.
- Element Church: A proposal was made to rezone approximately 0.8 acres for this project.
- Hummel Cottages: The Board discussed supporting this Planning Commission-recommended site, which is potentially a 100% affordable project. Concerns were raised regarding traffic safety at the intersection of Hummel and Union Valley Parkway.
- Keysight 1 and Keysight 3 (MRO Zoning Transfer): Supervisor Nelson proposed transferring MRO zoning from Keysight 3 to Keysight 1 to facilitate a ready-to-go commercial/residential project. Legal implications regarding vested rights at Keysight 3 were discussed. The Board agreed to table this specific zoning transfer decision until Friday to allow for further legal review.
- Mariposa Royale: Supervisor Nelson indicated a "To Be Determined" stance, citing a lack of detailed project information and traffic/safety concerns. The Board agreed to invite the developer to work with staff on a development agreement rather than taking immediate action.
- Keysight 26: Due to unresolved issues regarding water, traffic improvements, and the need for a commercial component, Supervisor Nelson proposed directing staff to negotiate a development agreement before finalizing any rezone. The Board concurred that this site should be addressed via a development agreement in the near future rather than immediate rezoning.
- Blue Sky Center (Cuyama) and Chumash Site (Santa Ynez Valley): Supervisors expressed support for these sites to address job-housing imbalances in their respective districts.
- Conceptual Motion and Vote Outcome Staff summarized the Board's conceptual agreement on a list of sites to be included in the housing plan: Apollo, Blue Sky Center, Boys & Girls Club, Chumash site, Hummel Cottages, Keysight 10, Keysight 11, and Element Church. This selection places the North County approximately 205 units above the lower-income target.
- Decision: The Board reached a conceptual agreement on the aforementioned sites for inclusion in the housing plan to be finalized on Friday.
- Deferred Actions: Decisions regarding the transfer of MRO zoning from Keysight 3 to Keysight 1, and the rezoning of Mariposa Royale and Keysight 26, were deferred pending further staff analysis, legal review, or development agreement negotiations.
- Vote Outcome: No formal vote was taken during this session as the Board was engaged in conceptual deliberation. Final decisions and votes are scheduled for Friday.
Public Comment on Support for Latter Day Saints
- A board member expressed support for the Latter Day Saints project. No formal motion was made, seconded, or voted upon regarding this comment.
Recess to Closed Session
- The meeting was recessed to convene in closed session. The Clerk reported that one item was scheduled: existing litigation involving American Medical Response West v. County of Santa Barbara, a case pending in the Santa Barbara County Superior Court. An estimated duration of one hour was provided for this discussion.
Closed Session Report and Adjournment
- Upon reconvening, the Clerk reported that the board met in closed session regarding the litigation item (American Medical Response West v. County of Santa Barbara) and took no reportable action. The meeting was subsequently adjourned, with the next session scheduled for May 3rd in Santa Barbara.