Meeting Summary
Present: Americana, Ford, Martinez, Guy, Williams
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
Projection Report
- Staff outlined the upcoming hearing schedule, noting that the September 2 and October 7 hearings were canceled.
- The next regular hearing is scheduled for October 21, featuring the first hearing on ministerial streamlining amendments.
- Future dates include October 28 for a hotel expansion and housing development, and November 4 for Recreation Master Plan amendments.
- December hearings will address further Recreation Master Plan amendments and a moderate-income density bonus ordinance.
Director’s Report and Board of Supervisors Hearing Summary
- The Planning Director recommended attendance for the September 19 Farm Day event in the Santa Maria Valley.
- Recent Board actions included the approval of the HAG 4 rezone in San Ynez Valley on August 18.
- Upcoming Board items for September 1 include retail firearms buffers, utility-scale solar zoning, and coastal resource mitigation fees.
- Future Board actions involve oil and gas provision changes in September and the Constellation project in November.
Malmuth Tentative Parcel Map
- Staff recommended approval for subdividing a 9.67-acre parcel into four lots, including a 100-foot agricultural buffer and a voluntary 200-foot view restriction.
- Commissioners inquired about the effectiveness of the agricultural buffer and the validation process for unpermitted structures.
- The applicant confirmed the voluntary nature of the view restriction and agreed to the validation conditions.
- The motion to accept the staff recommendation and adopt the mitigated negative declaration passed.
Wallover LLC Lot Line Adjustment
- Staff recommended approval for a lot line adjustment transferring approximately 78 acres to bring a parcel into conformance with Ag-2 minimum size requirements.
- The applicant stated the adjustment provides flexibility for future retention or sale of the land without proposing new development.
- The project was determined to be exempt from environmental review under CEQA Section 15183.
- The motion to accept the staff recommendation passed.
Landon Equestrian Arena and Small Scale Events
- Staff presented a proposal for a 45,000-square-foot enclosed arena and small-scale events on a 50-acre agricultural parcel.
- Commissioners questioned the definition of small-scale events and parking requirements, with staff clarifying the 12-event annual limit and 150-person capacity.
- The applicant confirmed the project remains consistent with the Agricultural Enterprise Ordinance and applicable development standards.
- The motion to approve the project, adopt the mitigated negative declaration, and accept the minor project description change carried.
Telecommunications Facility
- Staff recommended approval for a 68-foot faux-eucalyptus telecommunications facility, noting it is CEQA exempt and addresses a coverage gap.
- Public commenters opposed the project, citing visual impact, RF exposure concerns, and the lack of alternative site evaluation on the east side of Highway 154.
- The Commission discussed the scope of its authority regarding private views and RF compliance, noting the applicant's agreement to explore alternatives.
- The motion to continue the matter to December 9 to allow for peer-reviewed RF studies and a physical height visualization passed.
Full summary
Meeting Start and Administrative Items
- The meeting began at 9:05 AM with the Pledge of Allegiance. The Clerk of the Board announced that the hearing is televised live on CSB TV Channel 20 and streamed online. Roll call was taken, noting that Commissioner Park was delayed but expected to join.
Agenda Status and Reordering
- Staff reported one consent item and four standard agenda items. The Chair requested a change to the agenda order to accommodate Commissioner Park’s arrival. The T-Mobile telecommunications facility item was moved to the end of the agenda. The new order for standard items was established as: 1) Malmuth tentative parcel map, 2) Wallover LLC lot line adjustment, 3) Landon Equestrian Arena and small scale events, and 4) T-Mobile telecommunications facility.
Projection Report
- Staff provided an update on upcoming hearings:
- The September 2 hearing was canceled.
- The next hearing is September 9 in Santa Maria, featuring one consent item and one standard item (track map in the St. Nezz area).
- A Ministerial Streamlining Amendment Workshop is scheduled for September 30 at 1:00 PM in Santa Barbara. This date also includes an item from Long Range Planning regarding the Eastern Goleta Valley Community Plan Circulation Elements.
- The October 7 hearing was canceled to align schedules with the Montecito Planning Commission.
- The next regular hearing is October 21, featuring the first hearing on ministerial streamlining amendments adoption and a lot line adjustment.
- October 28 includes a potential second hearing on ministerial streamlining amendments, a hotel expansion in Los Olivos, and a housing development in Isla Vista.
- November 4 is scheduled for a hearing on Recreation Master Plan ordinance amendments. No further November dates were identified due to holidays.
- December hearings will include further Recreation Master Plan amendments and a moderate-income density bonus special needs housing ordinance amendment.
Public Comment (General)
- The Chair opened the floor for public comment on items not on the agenda. No speakers were received.
Informal Reports
- Commissioners were invited to provide informal reports. No reports were given.
Minutes
- The Chair asked for objections to the minutes from the August 12 meeting. No objections were raised. A motion was made and seconded to accept the minutes. The motion passed with a vote of 4-0.
Director’s Report and Board of Supervisors Hearing Summary
- The Planning Director provided the following updates:
- Farm Day: Recommended attendance for the September 19 event in the Santa Maria Valley.
- Ag Tourism Summit: Scheduled for September 23–25 in Paso Robles; the County is considering sending a representative to discuss the Ag Enterprise Ordinance.
- Recent Board Actions: The HAG 4 rezone in San Ynez Valley (C2 to C3) was approved on August 18.
- Future Board Actions:
- September 1: Items regarding retail firearms buffers and a temporary moratorium, prompted by community concern over a retailer near a child care facility in Goleta.
- September 1: Second hearing on utility-scale solar, including zoning clearances for standalone battery energy storage (up to 0.25 acres) and agricultural operations using on-site solar (up to 15 acres).
- September 1: Reassessment of coastal resource mitigation fund fees related to Sable operations at Lewis Flores Canyon.
- September 15: Phase one changes to oil and gas provisions (prevention of new well drilling). Phase two (amortization/phasing out) is already initiated.
- September 22: Airport land use plan consistency amendments.
- November 10: Constellation project (hotel/residential) in Vandenberg Village and the Malkin GPA rezone/lot line adjustment.
Consent Agenda
- Item: Case No. 26-GOV5, request by Kevin Thompson (Laguna County Sanitation District) for a determination that the Solids Handling Phase 3 project conforms with the comprehensive plan pursuant to California Government Code section 65402.
- Discussion: The Chair reported a site visit and meeting with the applicant. No other ex parte communications or site visits were reported. No questions or comments were raised by commissioners or the public.
- Motion: A motion was made and seconded to accept the Solids Handling Phase 3 government code conformity determination.
- Vote: The motion passed.
Standard Agenda Item 1: Malmuth Tentative Parcel Map
- Item: Case No. 24-TPM2, request by Brett Jones (agent for David Malmuth) to adopt a mitigated negative declaration (Case No. 25-NGD4) and mitigation monitoring program for a tentative parcel map.
- Discussion:
- Staff Presentation: The project involves subdividing a 9.67-acre parcel at 704 North Refugio Road in San Ines into four lots (2.18 to 2.74 acres). It includes a 100-foot agricultural buffer along the southern boundary, a 200-foot voluntary development restriction area on Parcel 4 to protect views, and validation of unpermitted structures on Parcel 1. Staff recommended approval, noting consistency with the comprehensive plan, adequate services, and mitigation of environmental impacts.
- Commissioner Questions: Commissioner Martinez inquired about the agricultural buffer, noting existing structures within it and the potential for ADUs, questioning the buffer's effectiveness for agricultural protection. Staff clarified that low-intensity residential uses are allowed in the buffer, but commercial/industrial uses are restricted. The adjacent agricultural property owner was notified. Commissioner Ford asked about the voluntary 200-foot development restriction and the validation process for unpermitted structures. Staff explained the restriction is recorded with the map and the validation requires a land use permit and building permit.
- Applicant Statement: Brett Jones confirmed the 200-foot restriction was voluntary to protect views and agreed to the validation conditions. He clarified that the agricultural buffer does not restrict the southern neighbor's development but affects agricultural application processes.
- Public Comment: No public comments were received.
- Deliberation: Commissioner Martinez expressed support, noting the neighbor was notified. Commissioners Mary Connor and Ford also expressed support.
- Motion: A motion was made and seconded to accept the staff recommendation.
- Vote: The motion passed.
Standard Agenda Item 2: Wallover LLC Lot Line Adjustment
- Item: Case No. 24-LLH7, request by Ross Dorman (Wallover LLC) to determine the project is exempt from environmental review pursuant to CEQA Section 15183.
- Discussion:
- Staff Presentation: The project involves a lot line adjustment between two parcels in the Goleta Valley, transferring approximately 78 acres from Parcel 1 (602.42 acres) to Parcel 2 (34.34 acres), bringing Parcel 2 to 112 acres. This brings Parcel 2 into conformance with the minimum parcel size for the Ag-2 zone. No new development is proposed. Staff recommended approval based on the CEQA exemption, as impacts were previously analyzed in the Goleta Community Plan EIR.
- Applicant Statement: Alan McLeod, agent for the owners, stated the families have owned the property for 50 years and the adjustment provides flexibility for future retention or sale of portions of the land.
- Public Comment: No public comments were received.
- Motion: A motion was made and seconded to accept the staff recommendation.
- Vote: The motion passed.
Standard Agenda Item 3: Landon Equestrian Arena and Small Scale Events
- Item: Case Nos. 24-DVP35 and 25-CUP21, request by Hayden Landon to adopt a mitigated negative declaration (Case No. 26-NGD1) and mitigation monitoring program for a development plan, land use permit, and minor conditional use permit.
- Discussion:
- Site Visits: Commissioners Mary Connor and the Chair reported site visits with the applicant’s representative, Brett Jones.
- Staff Presentation: Staff presented a project proposal for a 45,000-square-foot enclosed equestrian arena and small-scale special events on a 50-acre parcel zoned AG-2. The site includes existing agricultural structures, pasture, and orchard grass cultivation. The project requires a Minor Conditional Use Permit (CUP) because the proposed event attendance (up to 150 persons) exceeds the limit for a zoning clearance (50 persons). Staff noted that the applicant requested a change to the project description to remove a self-imposed limitation on the number of events held within the enclosed arena, allowing for flexibility in scheduling up to the total annual limit of 12 events. Staff confirmed the project remains consistent with applicable policies, development standards, and the Agricultural Enterprise Ordinance (AEO). Environmental review included a Mitigated Negative Declaration (MND) for the arena and incorporation of Program Environmental Report (PEIR) mitigations for the events. Staff recommended approval subject to conditions, including tree screening, noise limits, parking requirements, and waste management plans.
- Commissioner Questions: Commissioners asked questions regarding the definition of "small-scale special events," the distinction between indoor and outdoor event limits, and parking requirements. Staff clarified that the total limit is 12 events per year with a maximum of 150 attendees per event, applicable to both indoor and outdoor areas. Staff also noted that while the AEO does not specify a parking ratio, the project proposes 69 spaces, which staff deemed sufficient. The applicant confirmed that similar arenas of this size exist in the valley.
- Motion: Commissioner Park moved to approve the matter, adopt the Mitigated Negative Declaration, and approve the project including the minor change to the project description. Commissioner Ford seconded the motion.
- Vote: The motion carried.
Standard Agenda Item 4: Telecommunications Facility
- Item: Case No. 25COP-00023, request for a Conditional Use Permit for a 68-foot telecommunications facility designed as a faux eucalyptus tree on a 10-acre parcel zoned Agriculture 110.
- Late Submittals: The Clerk of the Board reported two late comment letters. A four-fifths vote is required to include late items in the record. Commissioner Park moved to admit both letters into the record. Commissioner Ford seconded the motion. Commissioners Conner and Martinez raised procedural concerns, suggesting the motion be tabled until after the staff report and applicant presentation. Commissioner Park agreed to table the motion. The motion to admit the late letters was tabled.
- Discussion and Presentation:
- Staff Presentation: Staff presented the request for the 68-foot telecommunications facility. The project includes a perimeter fence, utility pole, and underground lines. Staff determined the project is exempt from CEQA under Guidelines Sections 15303 and 15304. Staff noted the design incorporates recommendations from the Central Board of Architectural Review (CBAR), including corrugated fencing and natural colors. An alternative site analysis indicated over 15 sites were considered, but none were suitable or available. Staff recommended approval subject to conditions, including a return to CBAR for final design approval.
- Commissioner Questions: Commissioners asked questions regarding the height of the tower relative to surrounding trees and other telecommunications facilities in the area. Staff and the applicant stated they were not aware of other similar height facilities in the immediate vicinity but acknowledged the existence of other towers in the broader county. The applicant explained that the height was determined by coverage needs and that the site was selected to minimize public views, being located approximately a quarter-mile from the nearest public road. The applicant also addressed concerns regarding RF emissions, noting that the facility complies with FCC standards and that local regulation of RF emissions is preempted by federal law.
- Applicant Testimony: Jerry Ambrose, representing the applicant, testified that the proposed 68-foot faux-eucalyptus tower is designed to close a significant coverage gap for T-Mobile. He stated that tower height is determined by engineering factors, including geography, existing infrastructure, and population density, and that the specific height is required to ensure signal propagation. Ambrose explained that alternative sites were not selected due to engineering constraints, including the need to communicate with existing towers and the density of the service area. He noted that the site includes a 30-foot by 30-foot lease area to accommodate potential co-location by other carriers, though no additional towers would be added to the site. Ambrose confirmed that the applicant has not met with neighbors and that the property owner resides in Santa Ynez but does not live on the property.
- Commissioner Questions (Continued): Commissioners asked questions regarding the necessity of the 68-foot height, the evaluation of alternative sites on the east side of Highway 154, and the potential for lower-height towers. Ambrose stated that the site selection is an engineered determination and that the county does not dictate tower placement. He offered to provide propagation maps for lower heights if requested.
- Public Comment:
- Seven speakers addressed the Commission, all expressing opposition to the project.
- Darren Friedman opposed the project, citing visual impact on the rural landscape, open sight lines, and concerns about long-term RF exposure. He requested a visual simulation or balloon test to demonstrate the tower’s appearance.
- Michael McConnell opposed the project, noting that 25 neighboring households are opposed. He stated that only two of these households reported receiving direct notice from the county, suggesting that the limited initial response should not be interpreted as community acceptance.
- Tom McConnell opposed the project and requested enforceable conditions for independent post-installation RF field testing and periodic compliance monitoring, arguing that predicted compliance should be verified through actual measurements.
- Kirsten Musterer opposed the project, citing concerns about property values and the health of children regarding RF radiation.
- Jim Rademacher stated that his residence was not provided with notice and requested additional time to investigate the project. He expressed concerns about aesthetics and environmental impacts.
- Matt McKinney opposed the project on behalf of his mother, citing concerns about scenic beauty and EMF health risks.
- Kelly McConnell opposed the project, arguing that the compatibility finding cannot be made without evaluating alternative sites on the east side of Highway 154. She requested a lower-height propagation analysis and a full-height demonstration (balloon test) before a decision is made. She noted that the property owner was willing to support a balloon test.
- Elizabeth McGovern opposed the project, citing property devaluation and disclosure requirements regarding the tower's visibility and proximity. She suggested the tower be located on the east side of Highway 154 where parcels are larger.
- Staff and Applicant Rebuttal:
- County Planner Francisco Vargas responded to public comments, stating that notices were sent to 24 properties within the 300-foot buffer at two stages of the process. He clarified that the county does not have specific design standards for faux towers, making compatibility a subjective determination. He confirmed that RF reports are prepared by third-party consultants and that the county conditions projects for compliance monitoring. Vargas stated that the county evaluates public views, not private views, but acknowledged that the Commission has broad discretion in Conditional Use Permit (CUP) decisions. He confirmed that permit compliance staff have the equipment to verify RF compliance, with federal requirements mandating testing at least every five years. The applicant’s representative added that the project went through the Board of Architectural Review (BAR), which recommended the faux design.
- Commission Deliberation and Motion:
- Commissioners discussed the scope of the Commission’s authority regarding RF compliance and view impacts. It was established that while the county evaluates public views, the Commission has broad discretion to consider private views and other factors in making a CUP compatibility finding. Commissioners inquired about the frequency of RF testing and the availability of independent testing. Commissioner Park moved to continue the matter to the next available hearing to allow the applicant to explore alternative sites on the east side of Highway 154 and to address questions regarding height and compatibility. The motion was contingent on the withdrawal of a previously tabled motion regarding late-submitted letters, as the continuance would render those letters moot for the current hearing. The Chair noted that the project is subject to a "shot clock" expiring on October 13, after which it would be automatically approved if not decided. The Commission took a short break to consult with the applicant regarding their willingness to continue the case.
- Decision:
- Upon returning from the break, the applicant, Jerry Ambrose, agreed to continue the case to December 9 to allow time for additional studies and site exploration.
- Continuance Discussion:
- Peer Review Condition: A commissioner proposed a friendly amendment to the motion to continue, suggesting that staff require peer-reviewed RF studies as a condition of the continuance. Staff and the applicant expressed concerns regarding the feasibility of this condition, noting difficulties in finding independent peer reviewers willing to assume liability due to legal complexities surrounding wireless regulations. The applicant indicated willingness to attempt to secure a reviewer but warned of potential delays. The commissioner who proposed the amendment agreed to withdraw the specific condition, allowing the request for peer review to remain as part of the general exploration of alternatives during the continuance period.
- Height Visualization: Another commissioner requested that a physical height visualization (such as a balloon, crane, or boom) be installed at the proposed 68-foot height to allow for visual assessment from both public and private properties. The applicant agreed to work with staff to determine a feasible method for this visualization.
- Procedural Request: A commissioner requested that the commission be informed of the specific date and time of any height visualization event to ensure direct observation rather than reliance on photographs. The commissioner also expressed support for reviewing technical coverage data for the 40-to-50-foot range.
- Final Motion and Vote:
- A motion was made to continue the matter to December 9th to explore alternatives, including the requested peer review and height visualization. The motion was seconded. The motion to continue the matter to December 9th was passed.