COUNTY OF SANTA BARBARA PLANNING COMMISSION UNAPPROVED MINUTES 9:00 a.m. The regular meeting of the Santa Barbara County Planning Commission was called to order by Chair Michael Cooney, at 9:02 a.m., at the Santa Maria Betteravia Government Center, 511 East Lakeside Parkway, Santa Maria, California. COMMISSIONERS PRESENT C. MICHAEL COONEY 1ST DISTRICT, CHAIR CECILIA BROWN 2ND DISTRICT CERENE ST. JOHN 3RD DISTRICT LARRY FERINI 4TH DISTRICT DANIEL BLOUGH 5TH DISTRICT, VICE-CHAIR COMMISSIONERS ABSENT: None. STAFF MEMBERS PRESENT: Glenn Russell, Director, Planning and Development (Via Remote) Dianne M. Black, Secretary to the Planning Commission/Assistant Director David Villalobos, Recording Secretary to the Planning Commission Johannah Hartley, Deputy County Counsel Jeff Wilson, Deputy Director, Development Review Shannon Reese, Planner, Development Review North Dan Klemann, Deputy Director, Long Range Planning Jessica Metzger, Planner, Long Range Planning Noel Langle, Planner, Long Range Planning Dennis Bozanich, Deputy County Executive Officer Cathy Fisher, Agricultural Commissioner NUMBER OF INTERESTED PERSONS: Approximately 56 ADMINISTRATIVE AGENDA: I. PLEDGE OF ALLEGIANCE II. III. IV. TV COVERAGE ANNOUNCEMENT: by David Villalobos. ROLL CALL: All Commissioners were present. AGENDA STATUS REPORT: by Dianne M. Black. V. PROJECTION REPORT: by Dianne M. Black. VI. PUBLIC COMMENT: None.
Page 2 VII. VIII. PLANNING COMMISSIONER S INFORMATIONAL REPORTS: MINUTES: The Minutes of August 30, 2017 was considered as follows: Commissioner Blough moved, seconded by Commissioner Ferini and carried by a vote of 4 to 0 to 1 (St. John abstained) to approve the minutes of August 30, 2017 (Item #3 only). Commissioner Blough moved, seconded by Commissioner Brown and carried by a vote of 5 to 0 to approve the minutes of August 30, 2017 (all but Item #3). IX. DIRECTOR'S REPORT AND BOARD OF SUPERVISORS HEARING SUMMARY: by Glenn Russell, Director. X. CONSENT AGENDA ITEMS AND PROCEDURE: C-1. 17TEX-00000-00013 Santa Ynez Airport Time Extension Santa Ynez 12NGD-00000-00011 John Zorovich, Supervising Planner (805) 934-6297 Shannon Reese, Planner (805) 934-6261 Hearing on the request of Jason Tamura of Urban Planning Concepts, agent for Santa Ynez Valley Airport Authority, owner, to consider Case No. 17TEX-00000-000013 [application filed on June 30, 2017] for a one year time extension to September 24, 2018 (from the date of September 24, 2017), for Case No. 10CUP-00000-00036 in compliance with Section 35.84.030 of the County Land Use and Development Code, on property zoned AG-I-5; and to accept the previously adopted Mitigated Negative Declaration (MND) (Case No. 12NGD-00000-00011) as adequate Environmental Review for Case No. 17TEX-00000-00013 pursuant to Section 15162 of the State Guidelines for Implementation of the California Environmental Quality Act. There are no new significant environmental impacts as a result of this time extension request. The original MND identified significant but mitigable effects on the environment in the following categories: Aesthetic / Visual Resources, Air Quality, Biological Resources, Geologic Processes, and Hazardous Materials / Risk of Upset. The MND and all documents referenced therein may be reviewed at the Planning and Development Department, 123 East Anapamu Street, Santa Barbara, CA 93101, or online at http://www.sbcountyplanning.org/pdf/boards/ CntyPC/09-12-2012/10CUP-00000-00036/Attachment%20C%20-%20ND.pdf. The application involves Assessor Parcel No. 141-440-002, located at 900 Airport Road in the Santa Ynez area, Third Supervisorial District. Commissioner St. John moved, seconded by Commissioner Blough and carried by a vote of 5 to 0 to: 1. Make the required findings for approval of the project, Case No. 17TEX-00000-00013, as specified in Attachment A of the staff report dated September 5, 2017, including CEQA findings; 2. Determine that the previously adopted Mitigated Negative Declaration (Case No. 12NGD-00000-00011) (included herein as Attachment D to the staff report dated September 5, 2017), is adequate environmental review for Case No. 17TEX-00000-00013 pursuant to Section 15162 of the State Guidelines for
Page 3 Implementation of the California Environmental Quality Act to satisfy the CEQA requirements for the project, and no subsequent Environmental Impact Report or Negative Declaration shall be prepared for this project; and 3. Approve the requested Time Extension, Case No. 17TEX-00000-00013, subject to the original conditions of approval in the Planning Commission Action Letter dated September 17, 2012, included herein as Attachment B of the staff report dated September 5, 2017. XI. STANDARD AGENDA: Cannabis Land Use Ordinance 1. Amendments and Licensing Program Update Countywide Dan Klemann, Deputy Director, Planner (805) 568-2072 The Planning Commission will receive an update on the Cannabis Land Use Ordinance Amendments and Licensing Program, which would amend the Santa Barbara County Land Use and Development Code, Santa Barbara County Montecito Land Use and Development Code, and Santa Barbara County Coastal Zoning Ordinance to allow certain types of cannabis activities by zone district. The Project also involves other amendments to the County Code, in order to establish a County licensing program for cannabis-related activities. The Planning Commission received a report on the Cannabis Land Use Ordinance Amendments and Licensing Program from Long Range Planning and the County Executive Office. No action was taken. Medical Marijuana Nonconforming Status Determination and Termination 2. 17ORD-00000-00007 of Exemption Ordinance Amendment Countywide Exempt, CEQA Guidelines Section 15061(b)(3) Dan Klemann, Deputy Director (805) 568-2072 Noel Langle, Planner (805) 568-2067 Hearing on the request of the Planning and Development Department that the County Planning Commission recommend to the Board of Supervisors that the Board of Supervisors adopt an ordinance (Case No. 17ORD-00000-00007) amending Article X, Medical Marijuana Regulations, of Chapter 35, Zoning, of the Santa Barbara County Code, and to recommend that the Board of Supervisors determine that this ordinance is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines for Implementation of the California Environmental Quality Act. The proposed ordinance will amend Article X to: 1. Provide that the current exemption from the prohibition of medical marijuana cultivation for medical marijuana cultivation locations that existed as of January 19, 2016, if they were legal under California state law as of that date, shall terminate on: a. January 1, 2020, for locations that are located within the Coastal Zone, and b. January 1, 2019, for locations that are not located within the Coastal Zone. Note: The dates shown above are subject to change depending on whether County
Page 4 Counsel determines it is appropriate to have a different date for the Coastal Zone. 2. Include a process by which the operator of a medical marijuana cultivation location that existed as of January 19, 2016, may seek a determination from the County that the medical marijuana cultivation location is considered legal, nonconforming. Commissioner Blough moved, seconded by Commissioner Ferini and carried by a vote of 4 to 1 (Brown no) to: 1. Make the findings for approval, including CEQA findings, and recommend that the Board of Supervisors make the findings for approval of the proposed amendment (Attachment A of the staff report dated September 6, 2017); 2. Recommend that the Board of Supervisors determine that this ordinance is categorically exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Guidelines for Implementation of CEQA (Attachment B of the staff report dated September 6, 2017); and 3. Adopt a Resolution recommending that the Board of Supervisors approve Case No. 17ORD-00000-00007, an ordinance amending Article X, Medical Marijuana Regulations, of Chapter 35, Zoning, of the Santa Barbara County Code (Attachment C of the staff report dated September 6, 2017) with the following revision to Subsection A.2.a, Exemption, of Section 35-1003, Prohibited Acts and Exemptions: a. Exemption. Medical marijuana cultivation locations which (1) are not subject to the exemption for personal use set forth in Subsection A.1 (Medical marijuana cultivation for personal medical use exemption), (2) were already existing on January 19, 2016, and (3) are legal under California state and local law are legal nonconforming uses. (1) Minor modifications allowed. Notwithstanding the restrictions on nonconforming uses pursuant to the County Land Use and Development Code Section 35.101.020 (Nonconforming Uses of Land and Structures), the Montecito Land Use and Development Code Section 35.491.020 (Nonconforming Uses of Land and Structures), and Article II, the Coastal Zoning Ordinance Section 35-161 (Nonconforming Uses of Land, Buildings, and Structures), minor modifications to a nonconforming cultivation location may be allowed provided: (a) The modification is required in order to comply with State regulations, and (b) The modification does not result in an expansion or extension of the area of the medical marijuana cultivation location beyond the area that existed on January 19, 2016. Commissioner Ferini moved, seconded by Commissioner Blough and carried by a vote of 4 to 1 (Brown no) to recommend that the noticing radius be increased from 300 feet to 1,000 feet by revising Section 35-1005.F.1.b.(1)(d) of Attachment C of the staff report dated September 6, 2017, to read as follows: (d) Owners of property located within a 300 1,000-foot radius of the exterior boundaries of the subject lot.
Page 5 3. CEQA Training The Planning Commission will receive training on the California Environmental Quality Act (CEQA) from County Counsel staff. (Continued from 2/22/17, 3/08/17, 3/29/17, 4/26/17, and 6/07/17) Continue the item to a future hearing. Commissioner Blough moved, seconded by Commissioner Brown and carried by a vote of 5 to 0 to cancel the hearing of October 4, 2017. There being no further business to come before the Commission, the hearing was adjourned until 9:00 a.m. on September 27, 2017, in the Santa Barbara County Engineering Building, Room 17, 123 East Anapamu Street, Santa Barbara, California 93101. Meeting adjourned at 1:25 p.m. Dianne M. Black Secretary to the Planning Commission G:\GROUP\PC_STAFF\WP\PC\MINUTES\2017\09-13-17MIN.DOC