Board of Supervisors — 2025-02-04

County 175th Anniversary Report

• The CEO presented a report celebrating the county's history and introduced a new video series on local landmarks.
• The presentation highlighted the architectural evolution of the Santa Barbara Courthouse following the 1925 earthquake.
• Staff recognized specific advocates for their contributions to preserving the courthouse's historical integrity.

Withdrawal of Departmental Item No. 1

• The board approved the withdrawal of the Kargasackie appeal and Blanco grading project items.
• Staff clarified that the withdrawal resulted from a successful resolution between the involved parties.
• Revised recommended actions were adopted specifically for the Blanco grading project case.

Employee and Community Recognition Resolutions

• Samuel D. Patton was honored as the February Employee of the Month for his service and attitude.
• Thomas Taig received recognition for his leadership and global impact as CEO of Direct Relief.
• The board commended ComUnify's 2-1-1 services for connecting residents to essential community resources.
• A resolution proclaimed January 27, 2025, as International Holocaust Remembrance Day in the county.

Isla Vista Capital Projects Funding

• The board approved a funding agreement for park improvements and safety projects in Isla Vista.
• These funds were designated under the 2024 University of California Settlement Agreement regarding housing litigation.

Freeway Maintenance Agreements

• The board approved maintenance agreements with Caltrans for Highway 101 at Refugio Road and Segment 4B.
• Supervisors expressed concern over assuming perpetual maintenance responsibilities for state right-of-way areas.
• Staff noted a trend of Caltrans requesting increased local agency involvement in these agreements.

Pipeline Hearing Scheduling

• The board set a hearing date of February 25th for the proposed pipeline project.
• Supervisor Hartman recused themselves from the item due to the project's proximity to their property.
• Public comment addressed natural oil seeps and potential economic impacts on the local industry.

Coastal Resource Mitigation Fund Grant Allocations

• Staff recommended partial funding for nine proposals, including wildlife care, bicycle racks, and school aquariums.
• No proposals were submitted for coastal acquisition, leading to a recommendation to defer those funds to the next cycle.
• The board voted to accept staff recommendations, noting that revenue could increase if the San Ynez oil unit reopens.

Ordinance Amendments (Planning and Development)

• The board adopted amendments implementing Senate Bill 9 with specific local standards for lot splits and two-unit developments.
• New regulations for commercial telecommunication facilities were approved to align with federal FCC rules and timelines.
• Modifications included changing M2 zone permit requirements and delaying the operative date by 120 days for existing applications.

California Coastal Commission Conditional Certification

• The board accepted staff recommendations to modify the Local Coastal Program regarding housing bill implementation.
• One modification clarifies that only objective components of mixed policies apply where state law requires objective standards.
• A second requirement mandates a new LCP amendment within three years to incorporate objective development standards.

Call to Order and Roll Call

• The February 4, 2025, meeting of the Santa Barbara County Board of Supervisors was called to order by Chair Kaps. The Clerk confirmed the presence of all five supervisors. The board recited the Pledge of Allegiance.

Approval of Minutes

• A motion was made by Supervisor Hartman and seconded by Supervisor Nelson to approve the minutes from the January 14 meeting. The motion passed.

CEO's Report: County 175th Anniversary

• The Chief Executive Officer presented a report celebrating the county's 175th anniversary, noting its status as one of California's original 27 counties. A new video series honoring county history was introduced; the first episode detailed the history of the Santa Barbara Courthouse, covering the transition from the original Greek Revival building to the current Spanish Colonial Revival structure following the 1925 earthquake. The presentation included information on funding challenges and architectural shifts, and recognized Robert Uli and Rodney Baker for their advocacy regarding the courthouse.

Withdrawal of Departmental Item No. 1

• The Clerk announced a request to withdraw Departmental Item No. 1, which concerned the Kargasackie appeal (Case No. 24 APL 18) and the Blanco grading project (Case No. 15 LUP 72). Supervisor Hartman moved to approve the withdrawal and revised recommended actions for Case No. 15 LUP 72. Supervisor Nelson seconded the motion after staff clarified that the withdrawal resulted from a resolution between parties. The motion passed.

Administrative Agenda (General)

• The board addressed the administrative agenda, with Items A9, A15, A16, and A21 pulled for separate consideration. Supervisor Lavinino moved to approve the balance of the administrative agenda excluding those four items. Supervisor Lee seconded the motion. The motion passed.

Resolution: Employee of the Month (Samuel D. Patton)

• Administrative Item No. 1 was a resolution sponsored by Chair Kaps to honor Samuel D. Patton as the February 2025 Employee of the Month, citing his career progression, customer service, and positive attitude. Michael Daly, Chief Deputy Assessor, presented the award. The resolution was passed and adopted.

Resolution: Honoring Thomas Taig

• Administrative Item No. 2 was a resolution sponsored by Chair Kaps and Supervisor Hartman to honor Thomas Taig for his service as President and CEO of Direct Relief. The resolution highlighted the organization's growth, global impact, and disaster response under Taig's leadership. Thomas Taig accepted the recognition. Supervisors Lavinino and Lee offered comments on the organization's community contributions. The resolution was passed and adopted.

Resolution: Recognition of 2-1-1 Services

• Administrative Item No. 3 was a resolution sponsored by Supervisor Lee and Chair Kaps to recognize 2-1-1 services in Santa Barbara County, operated by ComUnify. The resolution commended the helpline's role in connecting residents to essential services and promoted an upcoming Community Day celebration. Pat Keelan, CEO of ComUnify, presented usage statistics and discussed the impact of potential federal funding cuts. Public comment was provided regarding homelessness and community issues. Chair Kaps acknowledged uncertainty facing nonprofit funding. The resolution was passed and adopted.

Resolution: International Holocaust Remembrance Day

• Administrative Item No. 4 was a resolution sponsored by Chair Kaps and Supervisor Hartman to proclaim January 27, 2025, as International Holocaust Remembrance Day in Santa Barbara County. The resolution detailed historical facts of the Holocaust and the importance of remembrance. Josh Levine of Hillel spoke on rising rates of anti-Semitism. The resolution was passed and adopted.

Administrative Item No. 9: Isla Vista Capital Projects Funding

• This item concerned a funding agreement for mutually beneficial capital projects in Isla Vista under the 2024 University of California Settlement Agreement. Chair Kaps noted that litigation with UCSB regarding housing resulted in funds designated for park improvements and safety in Isla Vista. A motion was made and seconded to approve the item. The motion passed.

Administrative Items No. 15 and 16: Freeway Maintenance Agreements

• Administrative Item No. 15 (Highway 101 at Refugio Road) and Administrative Item No. 16 (Highway 101 Segment 4B) concerned state-county freeway maintenance agreements with Caltrans. Supervisor Nelson raised concerns regarding the county assuming perpetual maintenance responsibilities for state right-of-way areas. Staff explained that these agreements delineate responsibilities at intersections and noted a trend of Caltrans requesting additional local agency responsibilities. The board discussed negotiating stronger terms for future agreements. A motion was made to approve both items, seconded by Supervisor Lee. Both motions passed.

Administrative Item No. 21: Pipeline Hearing

• A hearing regarding a pipeline project (Item A-21) was set for February 25th. Supervisor Hartman recused themselves from this item due to the pipeline's proximity to their property. Public comment was provided regarding natural oil seeps and economic impacts on the oil industry. The motion to set the hearing date passed.

General Public Comment

• Six members of the public provided general comments on matters not on the agenda, including housing shortages related to Los Angeles wildfires, wireless ordinances in Lompoc, personal updates regarding church designations and dog waste issues, and background on agricultural wind machines and property disputes related to 5G antenna placement. One speaker requested to speak on Departmental Item No. 3; their comment was moved to that item.

Departmental Item No. 2: Coastal Resource Mitigation Fund (CRMF) Grant Allocations

• The Planning and Development Department presented a hearing on allocating the 2024 and 2025 CRMF grants. Staff reported that three oil and gas facilities fund the program, with fees designated for coastal acquisition and general allocation. For this cycle, $318,600 was available for general allocation and $790,377 for coastal acquisition (including deferred funds). Ten proposals were received; one was withdrawn, leaving nine proposals requesting a total exceeding available general allocation funds. No proposals were submitted for coastal acquisition, leading staff to recommend deferring the entire acquisition balance to the next cycle.
• Staff recommended partial funding for several projects:
• NatureTracks Foundation: Partial grant for FreedomTrax devices (excluding one unit).
• Santa Barbara Wildlife Care Network: Partial grant for veterinary care (excluding operational costs).
• City of Santa Barbara: Partial grant for bicycle racks in the coastal zone.
• Santa Cruz Island Foundation: Small grant for equipment (excluding curriculum implementation costs).
• Fish Reef Project: Partial grant for sea cave exhibits; no funding recommended for AI monitoring cameras due to existing coverage.
• UCSB: Partial award of $50,000 for Campus Point Bluff restoration.
• Lompoc Unified School District: Partial fund of $90,000 for Cabrillo High School Aquarium Phase 2.
• County Community Services District: No funding recommended for Lookout Park access improvements due to budget constraints relative to project scope.
• Presentations were provided by applicants for the NatureTracks Foundation, Santa Barbara Wildlife Care Network, City of Santa Barbara (Bicycle Rack Parking), Lookout Park Access Improvements, Fish Reef Exhibit, UCSB Campus Point Coastal Mesa Restoration, and Cabrillo High School Aquarium Expansion Phase 2. The Chrisman California Islands Educational Center applicant was unable to present. Board members discussed the mix of restoration, educational, and infrastructure projects, questions regarding funding sources if grants were not awarded, prioritization within the Capital Improvement Plan, and leverage of county funds. Staff confirmed that if the San Ynez oil unit were to reopen, annual CRMF revenue could increase by approximately $213,000.
• A motion was made to accept the staff recommendations for the CRMF grant allocations. The motion was seconded. The Board voted in favor of the motion.

Outcome: Passed.

Departmental Item No. 3: Ordinance Amendments (Planning and Development)

• The Planning and Development Department presented a package of ordinance amendments to the County Land Use and Development Code (LUDC), Montecito LUDC, Coastal Zoning Ordinance, and Chapter 21 Land Division. The package included three main components: 1. Senate Bill 9 (SB 9) Implementation: Amendments to implement state law requiring ministerial approval for urban lot splits or two-unit developments on single-family residential lots meeting specific criteria. Provisions discussed included eligibility requirements, minimum unit sizes of 800 square feet with four-foot side and rear setbacks for single-story units, parking requirements of one space per unit (with exemptions near transit corridors), and local discretionary standards including maximum unit sizes, height limits up to 25 feet or two stories, design compatibility, and open space mandates. Staff reported 28 applications received since the law's enactment, with 13 approved and 11 pending. 2. Commercial Telecommunication Facilities: Amendments to align county regulations with FCC rules regarding small wireless facilities (Tier 1 and Tier 2). Changes included objective design standards for aesthetics, siting, and concealment to exempt compliant projects from Board of Architectural Review design review; revised permitting processes to meet federal "shot clock" timelines (60 days for co-located facilities, 90 days for new structures); and standards requiring facilities to be located near property lines, away from residential doors/windows, and painted in non-reflective hues. 3. Minor Ordinance Amendments: Updates to accessory dwelling unit (ADU) ordinances for state compliance and expansion of allowed uses in the Limited Commercial (C1) and General Industry (M2) zones.
• Discussion focused on parking requirements, Board discretion over height limits and setbacks, fire safety concerns in high-density scenarios, and the process for potentially adopting similar ministerial standards for ADUs under AB 1033. Staff confirmed that while state law mandates minimums, local standards can be stricter provided they do not preclude construction of eligible units. Regarding telecommunications, staff clarified that all new facilities require building permits and compliance with electrical and building codes, including inspections. Staff noted no historical instances of telecom equipment igniting fires in the county and explained that local jurisdictions cannot regulate RF emissions more restrictively than FCC standards but require applicants to demonstrate compliance. To address community concerns regarding lack of notice, the proposal included posting a placard at the site during the permit process, though this does not provide an opportunity for formal appeal.
• Public comment was provided by thirteen members. Several speakers urged the Board to pause or vote against telecommunications amendments, citing concerns over fire safety, cybersecurity risks, RF emissions, and lack of local control. Others expressed support for retaining affordability requirements in SB 9 but acknowledged concerns about their impact on application volume. A land use consultant requested an exemption for projects already in the pipeline.
• Board deliberation addressed specific issues:
• Telecommunications Safety: Supervisors questioned the "Malibu Safety Protocol" and whether providers must demonstrate a need for coverage. Staff confirmed that while alternative site analysis is required, demonstrating a specific coverage gap is not a basis for denial under federal law.
• Historic Sites: Staff clarified that facilities on designated county historic landmarks require HLAC approval, though no specific standard exists for other historic resources in the small cell ordinance.
• SB 9 Affordability: The Board debated the affordability requirement. One Supervisor expressed concern that deed restrictions might hinder financing, while another supported retaining the provision to address the housing crisis.
• SB 9 Height and Stories: The Board decided against a blanket single-story limitation, preferring to allow landowner discretion within height and square footage constraints.
• M2 Zoning Permit Level: A Supervisor requested changing the permit requirement for specific uses in the M2 zone from a Minor Conditional Use Permit to a Land Use Permit (LUP) to reduce barriers to business development. Staff agreed this change would align with other uses in the zone.
• SB 9 Effective Date: A Supervisor proposed delaying the operative date of the ordinance by 120 days instead of using a December 31, 2024 cutoff, to allow existing applications to proceed under current rules. Staff supported the 120-day extension for inland ordinances.
• A motion was made to adopt the ordinance amendments (Attachments A through H) with two specific modifications: 1. Change the permit requirement for certain uses in the M2 zone from a Minor Conditional Use Permit to a Land Use Permit. 2. Delay the operative date of the inland ordinances by 120 days to accommodate existing applications, rather than using a December 31, 2024 cutoff.
• The motion was seconded. The Board voted on the motion.

Outcome: Passed.

Agenda Item 4: Hearing on California Coastal Commission Conditional Certification

• Staff introduced an item regarding the California Coastal Commission's conditional certification of an amendment to the Local Coastal Program (LCP) concerning the housing bill implementation project ordinance amendments. The CCC proposed two modifications: 1. Clarification in Section 35144B that where state law requires objective standards, only the objective components of mixed policies shall apply to avoid adverse impacts on coastal resources. 2. A requirement for the County to submit a new LCP amendment within three years to incorporate objective development standards for coastal resource protection and hazard minimization.
• Staff supported both modifications but noted the second would require significant staff time and inclusion in Long Range Planning's annual work program. Discussion included clarification on translating qualitative standards into objective ones and the associated workload. Staff responded that a thorough review of existing policies is required to identify which are currently subjective versus objective, noting that this jurisdiction must pioneer these changes as other jurisdictions have not yet completed similar work.
• A motion was made to accept Staff Recommendations A through D regarding the item. The motion was seconded. Upon a voice vote, the motion passed. No public comments were recorded for this agenda item.

Outcome: Passed.