Information from the Board packet:
Agenda Item - No Resolution Requested
TO: The Board of Supervisors
FROM: Sarah Williams, Planning Director
RE: Direction on Mining Permitting Policies and Regulations
RECOMMENDATION AND JUSTIFICATION:
Discussion and Direction Regarding Continued Processing of the Project on Mining Permitting Policies and Regulations.
Based on a conflict of interest determination, the Board of Supervisor’s public hearing on April 14, 2015 must be re-noticed and conducted again. If the Board concurs, staff will:
1. Re-notice a public hearing to consider the Agricultural Advisory Committee’s January 22, 2015 recommendation and the Planning Commission’s March 20, 2015 recommendation.
2. Because the recommendations were not the originally initiated project, two fully detailed options will be presented to the Board:
Option 1 - Implement General Plan policies for mining permitting. Project is a Zoning Ordinance text amendment (ZA No. 2014-078).
Option 2 - Amend General Plan policies for mining permitting. Project is a General Plan and Zoning Ordinance text amendment (Agricultural Advisory Committee and Planning Commission’s recommendations).
3. Staff will request Board direction on which Summary Ordinance to publish. The Summary Ordinance for either Option 1 or Option 2 must be published a minimum of five (5) calendar days prior to action on the ordinance.
Information regarding this request for direction is contained in the attached memorandum.
BACKGROUND AND HISTORY OF BOARD ACTIONS:
6/24/14: Adopted Resolution No. 2014-306, initiating amendment to Zoning Ordinance to implement General Plan Policies and provisions for processing mining permits (Zoning Amendment or ZA No. 2014-078).
11/25/14: Conducted Public Hearing on ZA No. 2014-078. Considered Agricultural Advisory Committee's and Planning Commission's recommended action. Adopted Resolution No. 2014-610 approving ZA No. 2014-078 with amendments. Adopted Resolution No. 2014-611, waiving first reading and introducing ordinance amending County Code.
12/16/14: Rescinded Resolution No. 2014-610 and Resolution No. 2014-611 and referred amendments back to Agricultural Advisory Committee and Planning Commission for review and recommendation, based on amendments made to text on 11/25/14.
3/17/15: Extended reporting period for the Planning Commission's review of amended project.
4/14/15: Conducted Public Hearing on ZA No. 2014-078. Considered Agricultural Advisory Committee's and Planning Commission's recommended action. Considered Option 1 and Option 2. Directed staff to publish summary ordinance for Option 2.
Continued public hearing to 4/28/15.
4/28/15: Conducted continued public hearing. Acted to re-start the processing the mining permitting issues with the inclusion of Option 3.
ALTERNATIVES AND CONSEQUENCES OF NEGATIVE ACTION:
If no amendments are pursued, the Zoning Ordinance text will remain inconsistent with the adopted General Plan policies.
Alternatives are identified in the attached memorandum.
None
ATTACHMENTS:
150706 BOS Memorandum - Request Direction (DOC)
150701 Mining Permitting Matrix (DOCX)
150608 Supplemental Info to Matrix (DOCX)
CAO RECOMMENDATION
Requested Action Recommended
July 6, 2015
TO: Board of Supervisors
FROM: Sarah Williams, Planning Director
RE: Direction on Mining Permitting Policies and Regulations
BASIS FOR REQUEST
Staff is seeking direction from the Board of Supervisors regarding continued processing of the project on mining permitting policies and regulations, based on recent information received from Supervisor Long. It has been determined that Supervisor Long has a conflict of interest regarding this project. Based on this conflict of interest determination:
Supervisor Long will recuse himself from future votes on this project.
Supervisor Long’s previous votes on this project cannot be considered.
The prior Board actions and/or direction on this project, at which Supervisor Long participated, are void from a legal procedural perspective.
The prior Board actions and/or direction taken by the Board of Supervisors for this project, at which Supervisor Long participated, occurred on:
April 14, 2015 and
April 28, 2015.
Prior to these dates, the Board of Supervisors considered this project on:
November 25, 2014 and
December 16, 2014.
Supervisor Long was not on the Board in 2014 and did not participate in Board discussions and actions on these dates.
For the Supervisors Packet on this item click here: Mariposa County Board of Supervisors meeting full agenda for July 14, 2015
This is the full packet, scroll down toward the bottom for the item on Direction on Mining Permitting Policies and Regulations.
