On the agenda: San Diego Board of Supervisors - Jan 14, 2026 — DATA CENTER (Jan 14)

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING AGENDA
TUESDAY, JANUARY 13, 2026, 9:00 AM AND WEDNESDAY, JANUARY 14, 2026, 9:00 AM
COUNTY ADMINISTRATION CENTER,
BOARD CHAMBER, ROOM 310
1600 PACIFIC HIGHWAY, SAN DIEGO, CA 92101
LAND USE LEGISLATIVE SESSION
WEDNESDAY, JANUARY 14, 2026, 9:00 AM
Order of Business
A.

Roll Call to Reconvene from Tuesday, January 13, 2026

B.

Closed Session Report

C.

Non-Agenda Public Communication: Individuals can address the Board on topics within its
jurisdiction that are not on the agenda. According to the Board’s Rules of Procedure, each
person may speak at only one Non-Agenda Public Communication session per meeting.
Speakers can choose to speak during either the General Legislative or Land Use Legislative
Session.

D.

Consent Agenda

E.

Discussion Items

Viewing Agenda Materials
All documents and attachments related to agenda items are available for public viewing. You can access
them online at www.sandiegocounty.gov/cob, or in person at the Clerk of the Board’s Office, located at
1600 Pacific Highway, Room 402, San Diego, CA 92101. The Board Meeting calendar is online at
www.sandiegocounty.gov/bos/calendar.html.
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You can also submit a comment in writing at www.sandiegocounty.gov/ecomment, via email to
[email protected], or by mail to 1600 Pacific Highway, Room 402, San Diego, CA
92101.

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Board Actions and Recommendations
The Board of Supervisors may take action on any item listed on the meeting agenda. While each agenda
item includes recommendations, these are only suggestions and do not limit what the Board may
ultimately decide. Individuals should not assume that the Board will follow the recommendations.
Accessibility Accommodations
The County is committed to making Board meetings accessible to everyone. If you need
accommodations to participate, please contact us at least three days before the meeting by calling
619-531-5434 (TTY 619-531-4803) or emailing [email protected]. If you need a sign
language interpreter, you can call 619-531-4908. Assistive Listening Devices are also available from the
Clerk of the Board’s Office in Room 402.
Language Interpretation Services
The County of San Diego wants everyone to be able to participate in Board meetings—no matter what
language they speak. A Spanish interpreter is available at every Board of Supervisors meeting to assist
those who wish to speak to the Board in Spanish. If you need interpretation in another language, please
request it at least 72 hours before the meeting by calling 619-531-5434 or emailing
[email protected].
In addition, the County can provide space in the Board Chamber’s Observation Balcony for those
providing or receiving interpretation, supporting the use of personal devices like phones or headsets, or
help connect you to outside interpretation services for other languages. Please contact the Clerk of the
Board in advance so we can make the necessary arrangements. Interpretation must not interrupt the
meeting, in accordance with Government Code Section 54957.95.
Levine Act Notice – Campaign Contribution Disclosures
Under the Levine Act (Government Code § 84308), anyone involved in a proceeding before the Board,
such as for a license, permit, or other entitlement for use, must disclose any campaign contributions over
$500 made to Board Members within the past 12 months. This includes contributions made by the
parties themselves or their agents. The disclosure must include the name of the contributor and
recipient, the amount, and the date of the contribution. Disclosures can be made orally during the
meeting or in writing on the request-to-speak form.
Board of Supervisors' Agenda Items
CONSENT AGENDA
All agenda items listed under this section are considered to be routine and will be acted upon with
one motion. There will be no separate discussion of these items unless a member of the Board of
Supervisors or the Chief Administrative Officer so requests, in which event, the item will be considered
separately in its normal sequence.
Agenda #
1.

Subject
ESTABLISH APPROPRIATIONS, ADVERTISE AND AWARD CONSTRUCTION
CONTRACTS FOR COUNTYWIDE ASPHALT CONCRETE OVERLAY AND
SLURRY SEAL TREATMENTS FOR FISCAL YEAR 2025-26, APPROVE
REIMBURSEMENT AGREEMENTS BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITIES OF ESCONDIDO, SAN DIEGO AND SAN MARCOS AND
RELATED CEQA EXEMPTION
(4 VOTES)

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2.

ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR
COUNTYWIDE CULVERT REPAIR AND REPLACEMENT AND RELATED
CEQA EXEMPTION

DISCUSSION ITEMS
Agenda #
3.

Subject
NOTICED PUBLIC HEARING:
REPORT BACK AND SEEK DIRECTION ON THE DRAFT SOCIALLY
EQUITABLE CANNABIS PROGRAM AND RELATED CEQA EXEMPTION

4.

PROTECTING SAN DIEGANS FROM THE IMPACTS ASSOCIATED WITH
LARGE ARTIFICIAL INTELLIGENCE (AI) DATA CENTERS

5.

TRAFFIC ADVISORY COMMITTEE (01/14/2026 - ADOPT
RECOMMENDATIONS INCLUDING INTRODUCING AN ORDINANCE;
01/28/2026 - SECOND READING OF AN ORDINANCE, UNLESS ORDINANCE IS
MODIFIED ON SECOND READING, AND CEQA EXEMPTION FINDING)

6.

NOTICED PUBLIC HEARING:
RESOLUTION TO REVISE THE TRANSPORTATION STUDY GUIDE FOR
VEHICLE MILES TRAVELED TO REMOVE THE INFILL AREA AND SMALL
PROJECT SCREENING CRITERIA AND CEQA EXEMPTIONS

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THIS PAGE IS INTENTIONALLY LEFT BLANK.

1.

SUBJECT:

ESTABLISH APPROPRIATIONS, ADVERTISE AND AWARD
CONSTRUCTION CONTRACTS FOR COUNTYWIDE ASPHALT
CONCRETE OVERLAY AND SLURRY SEAL TREATMENTS FOR
FISCAL YEAR 2025-26, APPROVE REIMBURSEMENT
AGREEMENTS BETWEEN THE COUNTY OF SAN DIEGO AND THE
CITIES OF ESCONDIDO, SAN DIEGO AND SAN MARCOS AND
RELATED CEQA EXEMPTION (DISTRICTS: ALL)

OVERVIEW
The County of San Diego (County) Department of Public Works (DPW) maintains nearly 2,000
centerline miles of roads in the unincorporated areas of San Diego County. The County’s
average Pavement Condition Index (PCI), an industry-standard rating system used to rate the
condition of roads, dropped from 70 in 2012 to 60 in 2016. The change in PCI was due to
reduced levels of road maintenance work because of rising construction costs and declining gas
tax revenue as vehicles became more fuel efficient. As a result of the Senate Bill 1 (SB1)
initiative and the associated resurfacing projects, the condition of County-maintained roads has
improved significantly over the past eight years, with the current average PCI at 69. The County
maintains a Board-directed goal of achieving PCI 70 by the end of FY 2025-26 and is on track to
achieve this goal. DPW estimates receiving $64.9 million in State SB1 gas tax revenue in FY
2025-26 to continue the road resurfacing program. To maintain eligibility for this revenue, the
Board must adopt a resolution each year approving a list of proposed projects and submit these
to the California Transportation Commission (CTC). On May 21, 2025 (4), the Board adopted
the annual resolution and proposed list of roads to be resurfaced during FY 2025-26 using State
SB1 gas tax revenue. The list includes approximately 95.54 centerline miles of
County-maintained roads to be resurfaced with available road resurfacing funding included in
DPW’s FY 2025-26 Operational Plan. Part of today’s item is to establish appropriations and
advertise and award construction contracts for this Board-adopted list of projects.
Additionally, DPW has identified one County-maintained road that crosses into the City of
Escondido, one County-maintained road that crosses into the City of San Diego, and two
County-maintained roads that cross into the City of San Marcos, where resurfacing coordination
will be mutually beneficial and better serve residents. Part of today’s item is to authorize the
Clerk of the Board to execute, upon receipt, reimbursement agreements with the Cities of
Escondido, San Diego, and San Marcos for payment of costs to the County to complete road
resurfacing work.
DPW also provides road maintenance services for almost 100 miles of private roads through the
Permanent Road Division (PRD) Program. DPW has identified a combined 4.26 centerline miles
of road resurfacing in seven PRD Zones in FY 2025-26 based on available funding, road
segment condition, road segment traffic volume, maintenance of egress routes in case of
disasters, and community input. Road work was identified through field reviews and coordinated
with road committees in each PRD Zone.
Today’s item seeks approval for the Board to establish appropriations and approve the
advertisement and subsequent award of multiple construction contracts for asphalt concrete
overlay and slurry seal treatments on County-maintained, city-maintained, and these PRD Zone
roads. The total cost for all FY 2025-26 projects is estimated at $73,023,808. Advertisement and

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award of the construction contracts are scheduled for Spring 2026. Construction for FY 2025-26
projects is scheduled to begin in summer 2026 and be completed by fall 2027.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1.
Find in accordance with Section 15301(c) of the California Environmental Quality Act
(CEQA) Guidelines that the proposed projects and approval of the associated revenue
agreements are categorically exempt from CEQA review because they involve the
maintenance of existing public roads involving no or negligible expansion of existing
use.
2.

Establish appropriations of $609,744 in the Department of Public Works Road Fund,
Services & Supplies, for the AC Overlay 2526 A (North) and Pavement Seal 2526
(North) projects based on revenue from the Agreements with the Cities of Escondido,
San Diego and San Marcos. (4 VOTES)

3.

Authorize the Director, Department of Purchasing and Contracting, to advertise and
award multiple construction contracts and to take other actions authorized by Section 401
et seq. of the Administrative Code with respect to contracting for asphalt concrete
overlay and slurry seal projects on County-maintained, city-maintained, and PRD Zone
roads as identified in Attachments A through E, which are on file with the Clerk of the
Board.

4.

Authorize the Clerk of the Board to execute, upon receipt, revenue agreements with the
Cities of Escondido, San Diego and San Marcos for road resurfacing in accordance with
Board Policy B-29 and Attachments A through C, which are on file with the Clerk of the
Board.

5.

Designate the Director, Department of Public Works, as the County Officer responsible
for administering the construction contracts in accordance with Board Policy F-41,
Public Works Construction Projects.

EQUITY IMPACT STATEMENT
The Department of Public Works (DPW) uses best management practices when preserving the
County-maintained road network and responds to community feedback through the Tell Us
Now! mobile app and toll-free hotlines. The collective information is evaluated by DPW and
used to develop a list of roads requiring maintenance that is balanced proportionally to the total
centerline miles within each County district. Approximately 55% of the roads on the
maintenance list are located within underserved communities as defined in the most recent
version of CalEnviroScreen (4.0) and Healthy Places Index (3.0) GIS layer. The projects will
provide significant benefits to the residents, including enhancements to the Americans with
Disabilities Act (ADA) pedestrian ramps and drainage improvements that will improve access
and mobility for non-motorized road users. Road resurfacing facilitates transit and allows cars
and buses to travel to underserved communities to bring workers to job centers and other
resources. County of San Diego construction contracts are advertised to the public, competitively
bid, and help stimulate the local economy.

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SUSTAINABILITY IMPACT STATEMENT
Timely maintenance of County roads promotes economic, environmental, social, and health
sustainability, while preventing costlier future repairs and supporting fiscal responsibility.
Asphalt concrete rehabilitation incorporates 25% recycled material from deteriorated roads,
conserving thousands of tons of aggregate annually and advancing the County’s recycling and
pollution reduction goals. Well-maintained roads reduce vehicle maintenance needs, offering
social sustainability benefits. Drainage upgrades-such as culvert, curb, and gutter
rehabilitation-enhance water quality and extend infrastructure lifespan, aligning with
environmental sustainability objectives. Installing ADA-compliant pedestrian ramps improves
walkability and transit access, supporting public health, reducing emissions, and contributing to
a greener, carbon-free future.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2025-26 Operational Plan in Permanent
Road Divisions (PRD) and partially included in the Fiscal Year 2025-26 Operational Plan in the
Department of Public Works (DPW) Road Fund. If approved, this request will establish
additional appropriations of $609,744, resulting in additional costs and revenue for the DPW
Road Fund, as outlined in recommendation 2 to coordinate resurfacing activities with
neighboring cities for roads that cross jurisdictional boundaries. The funding sources for this
request are revenues from agreements with the Cities of Escondido ($288,516), San Diego
($268,186), and San Marcos ($53,042). The total cost for all FY 2025-26 projects is estimated at
$73,023,808, including an 8% contingency for County-maintained roads and a 20% contingency
for city-maintained and PRD Zone roads for unforeseen conditions that may arise during
construction. The funding sources are State SB1 gas tax revenue ($62,953,444), Road Fund fund
balance ($2,181,000), TransNet ($6,200,000), City of Escondido revenue agreement ($288,516),
City of San Diego revenue agreement ($268,186), City of San Marcos revenue agreement
($53,042), and PRD Zones’ available prior year fund balance ($1,079,620). There will be no
change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT
Road maintenance improves the condition of the roads, facilitates the transit of goods, and eases
movement to jobs, schools, shopping and medical centers, and government services. County of
San Diego construction contracts are also publicly advertised and competitively bid, and help
stimulate the local economy. All workers employed on public works projects must be paid
prevailing wages determined by the California Department of Industrial Relations, according to
the type of work and location of the project.
2.

SUBJECT:

ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR
COUNTYWIDE CULVERT REPAIR AND REPLACEMENT AND
RELATED CEQA EXEMPTION (DISTRICTS: ALL)

OVERVIEW
The County of San Diego (County) Department of Public Works (DPW) maintains over 18,000
drainage culverts in the unincorporated region. Drainage culverts convey water away from
roadways, enhancing safety for roadway users and protecting the County’s transportation and
drainage system from deterioration and costly future repairs. DPW regularly assesses the

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condition of County-maintained culverts during field reviews and has identified locations for
repair and replacement. These locations have been prioritized based on the condition of the
culvert, community needs, project readiness, and resource availability.
This construction contract is anticipated to repair or replace 62 existing stormwater drainage
culverts of varying sizes and lengths at locations throughout the unincorporated County. The list
of culverts identified for repair or replacement is in Attachment A, by County district,
approximate location, and communities benefiting from the repairs. These improvements will
restore the structural integrity and functionality of the drainage systems as well as reduce the risk
of flooding and roadway failures on County-maintained roads.
Today’s action requests that the County Board of Supervisors approve the advertisement and
award of a construction contract for Countywide culvert repair and replacement. As indicated in
Attachment A, the bid package has been structured with a minimum number of locations
included in the Base Bid, and two additional culverts listed as an Additive Alternate if the bid
price is favorable and allows for these additional repairs. Construction costs are estimated to be
$8,650,000, including a 15 percent contingency for unexpected conditions during construction.
Total project costs are estimated at $9,995,000. Construction is scheduled to begin in spring
2026 and be completed in 2028.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1.
Find in accordance with Section 15301(c) and 15302 (c) of the California Environmental
Quality Act (CEQA) that the proposed project is categorically exempt from CEQA
review because it involves the maintenance, replacement, and/or reconstruction of
existing culverts involving no or negligible expansion of existing use.
2.

Authorize the Director, Department of Purchasing and Contracting, to advertise and
award a construction contract and to take other actions authorized by Section 401 et seq.
of the Administrative Code with respect to contracting for Countywide culvert repair and
replacement.

3.

Designate the Director, Department of Public Works, as the County Officer responsible
for administering the construction contract in accordance with Board Policy F-41, Public
Works Construction Contracts.

EQUITY IMPACT STATEMENT
The Department of Public Works strives to preserve, enhance, and promote quality of life and
environmental resources through the implementation of projects that improve stormwater
conveyance. Maintaining these systems provides equitable benefits for communities by reducing
flood risks, maintaining property values, ensuring public safety, and protecting environmental
quality. Properly functioning culverts effectively channel floodwater, protecting property and
infrastructure throughout the unincorporated area. By ensuring the stormwater conveyance
systems function efficiently, communities can mitigate flood risks and enhance public safety.

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SUSTAINABILITY IMPACT STATEMENT
Maintaining existing stormwater conveyance systems has economic, environmental, public
health, and sustainability benefits. Maintaining these stormwater conveyance systems in a timely
manner helps prevent more costly future maintenance efforts, thereby reducing environmental
impacts and supporting economic sustainability. The culvert repair and replacement proposed in
this action will enhance water quality by effectively channeling floodwater to minimize
disruption of the environment. The improvements will also help prevent erosion and flooding,
which contribute to the County of San Diego's sustainability goal of protecting ecosystems and
habitats.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2025-26 Operational Plan in the
Department of Public Works, Road Fund. If approved, construction costs are estimated to be
$8,650,000, which includes a 15% contingency for unforeseen conditions that may arise during
construction. Total project costs are estimated to be $9,995,000. The funding source is available
prior year Road Fund fund balance. There will be no change in net General Fund costs and no
additional staff years.
BUSINESS IMPACT STATEMENT
County construction contracts are competitively and publicly bid and help stimulate the local
economy by creating primarily construction-related employment opportunities. All workers
employed on public works projects must be paid prevailing wages determined by the California
Department of Industrial Relations, according to the type of work and location of the project.
The prevailing wage rates are typically based on rates specified in collective bargaining
agreements. A skilled and trained workforce requirement will be included in the contract in
compliance with the County’s Working Families Ordinance requirements for County
construction projects.
3.

SUBJECT:

NOTICED PUBLIC HEARING:
REPORT BACK AND SEEK DIRECTION ON THE DRAFT SOCIALLY
EQUITABLE CANNABIS PROGRAM AND RELATED CEQA
EXEMPTION (DISTRICTS: ALL)

OVERVIEW
The Board of Supervisors (Board) has taken several steps to create a safe, equitable, and
environmentally responsible legal cannabis industry in the unincorporated areas of San Diego
County. The goal is to align State and County regulations, expand economic and agricultural
opportunities, and minimize impacts on public health, safety, and the environment. On January
27, 2021 (4), the Board directed the Chief Administrative Officer (CAO) to develop the Socially
Equitable Cannabis Program (SECP), the term used for the overall County program, including
amendments to the Zoning Ordinance and Regulatory Code, and advise on cannabis taxes. The
Board also directed staff to explore a Social Equity Program (SEP) for applicants as part of the
overall SECP. On June 9, 2021 (2), the Board provided further direction to prepare a Program
Environmental Impact Report (PEIR) to analyze the environmental effects of permitting new
cannabis facilities. On June 15, 2022 (7), the Board expanded that direction to include 16
additional measures to address community concerns and mitigate potential impacts, including a

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Community Equity Contribution Program (CECP) to ensure cannabis facilities provide benefits
to surrounding neighborhoods. On April 30, 2024 (31), the Board provided direction on SEP
eligibility criteria tiers, aiming to promote fair access to the cannabis industry for individuals
adversely impacted by cannabis criminalization.
This item provides an update on the draft SECP, a summary of the environmental analysis
(PEIR), and stakeholder feedback received to date. This item also provides the Board with an
opportunity to provide direction on three key program decision points so that staff can prepare
the final draft County Zoning Ordinance and Regulatory Code for the Board’s final
consideration in summer 2026. When staff returns to the Board in summer 2026, the Board will
have the ability to re-consider any program features in light of final environmental review and
additional stakeholder feedback.
The options on the three key decision points presented by staff today reflect direction from the
Board and stakeholder feedback. Staff developed the draft SECP to create a consistent
framework for permitting and regulating new cannabis businesses in the unincorporated area.
The SECP could allow a range of commercial cannabis uses, including cultivation,
manufacturing, distribution, testing, microbusinesses, retail, consumption lounges, and
temporary cannabis events. Staff has prepared: (1) draft Zoning Ordinance and Regulatory Code
amendments, establishing where cannabis businesses may operate and the standards they must
meet; (2) a proposed licensing and permitting process; (3) a PEIR evaluating potential
environmental effects; and (4) an SEP to promote fair access for individuals disproportionately
affected by cannabis criminalization.
Since the Board’s initial direction in 2021, County staff have conducted over 280 outreach
meetings with the public, cannabis businesses, social equity advocates, Community Planning and
Sponsor Groups (CPSGs), tribal governments, cannabis industry advocates, environmental
groups, regulatory agencies, and public health and safety advocates. Staff released the draft PEIR
and ordinances for public review in January 2025 and conducted extensive outreach with social
equity applicants, environmental groups, CPSGs, community members, and others. The PEIR
found that, even with strong safeguards in place, impacts such as odor, noise, and groundwater
use could remain significant and unavoidable. Feedback reflected a wide range of perspectives
from those supporting a program that aligns with State law to others strongly opposed to
allowing cannabis facilities in the unincorporated area. Community members and several CPSGs
recommend maintaining the existing ban, while others identified additional regulations they
would want to see if the Board adopted the SECP. Staff also heard significant feedback
regarding temporary cannabis events and onsite consumption lounges, with many raising
concerns about impaired driving, odor, exposure to minors, and overall compatibility with
surrounding communities. These activities would be subject to State licensing and oversight,
along with enforcement to ensure public safety and compliance.
Based on this diverse input, along with direction from the Board, staff developed three program
options across the key decision points, incorporating feedback on the types of facilities allowed,
identification of sensitive uses requiring buffers, buffer distances, and separation requirements
between facilities. Generally speaking, the options under each decision point are organized from
least to most restrictive from a regulatory standpoint (A is the least restrictive, C is the most
restrictive). The Board may select one of the following options, or a variation, as preliminary
guidance to the summer 2026 hearing when a final decision will be made.
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Decision Point #1: Land Use
Each of these program options seek to balance alignment with State law, community and
stakeholder concerns, and equitable access to the legal cannabis market. While all three program
options include the same main regulations and safeguards, such as odor control, lighting
standards, water use requirements, and security, they differ in geographic implications of how
and where cannabis facilities can be allowed.
Option A: Align with State Standards: Allow all cannabis facility types. Require a
600-foot buffer from schools, day cares, and youth centers to cannabis facilities,
consistent with the January 27, 2021 (4) Board direction, and State regulations; OR
Option B: Adopt Blended Regulations: Allow all cannabis facility types and modify
the draft ordinance amendment to require a 1,000-foot buffer from an expanded list of
sensitive uses to cannabis facilities, consistent with the June 15, 2022 (7) Board
direction. Remove residential care facilities and public trails from the expanded list of
sensitive uses to allow for more potential retail locations, and modify the 1,000-foot
buffer from preserves to only apply to mixed-light and outdoor cultivation facilities.
Require additional buffers applicable to mixed-light and outdoor cultivation; OR
Option C: Prohibit Outdoor Cultivation: Modify the draft ordinance amendment to
allow all cannabis facility types, except for outdoor cultivation. Require a 1,000-foot
buffer from an expanded list of sensitive uses to cannabis facilities, consistent with the
June 15, 2022 (7) Board direction. Require additional buffers applicable to mixed-light
cultivation.
Decision Point #2: Regulations on Temporary Events & Consumption Lounges
Staff is presenting the Board with the option to specifically regulate the Temporary Cannabis
Events and Onsite Consumption Lounges because of the substantial feedback received on these
facility types. Many stakeholders expressed concern about intoxicated driving, odor, exposure to
minors, and overall community compatibility. These activities would be subject to State
licensing and oversight, as well as enforcement to ensure compliance with public safety and
operating standards.
Option A: Retain Temporary Cannabis Events and Onsite Consumption in SECP for
Further Consideration.
Option B: Remove Temporary Cannabis Events and Onsite Consumption Lounges from
the SECP.
Decision Point #3: Community Equity Contribution Program (CECP)
Staff are also seeking direction on the CECP, which includes incentives for direct benefits to the
community where these facilities and operations will be located. Staff conducted research and
collaborated with the community through outreach sessions and identified a potential approach
for the CECP. The CECP could be implemented through Community Incentive Grants, which
have the potential to provide on-going community benefits once the business is operational. This
would allow cannabis businesses that provide a community benefit to apply for and receive tax

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rebates or grants, ensuring sufficient time for new cannabis businesses to obtain all their required
permits/licenses before making a community contribution. Direction will allow staff to further
develop the Community Incentive Grants program with additional detail.
Option A: Continue to develop the CECP and include in final ordinance return in
Summer 2026.
Option B: Do not continue to develop the CECP and focus solely on development and
administration of the SEP.
Following Board direction on these items, staff will prepare the final PEIR and ordinances for
Board consideration in summer 2026. At the summer 2026 hearing, the Board may consider and
adopt any of the project alternatives, including maintaining the existing County prohibition on
new cannabis business if it determines a regulated program is not appropriate at that time. If the
Board direction in summer 2026 is significantly different than what was directed today and
analyzed in the environmental review, an additional hearing and potentially further
environmental analysis may be required. The Governor’s Office of Business and Economic
Development has awarded OERJ grant funding, but funding cannot be disbursed until cannabis
programming and amendments have been approved. This funding is only available through
October 31, 2026 and requires a decision on the SECP Board adoption by that time to allow
funds to be disbursed to SEP applicants.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1.
Find that the proposed actions are not subject to the California Environmental Quality Act
(CEQA) as specified under Section 15061(b)(3) of the CEQA Guidelines. Subsequent
actions will be reviewed pursuant to CEQA and presented to the Board for consideration
prior to approval.
2.

Provide direction on land use program components based on stakeholder feedback. The
Board may recommend one of the options identified below or a variation thereof as
preliminary guidance:
A. Program Option A - Align with State Standards: Allow all cannabis facility types
consistent with State-defined buffers from sensitive uses.
B. Program Option B - Adopt Blended Regulations: This option is more restrictive
than State standards and would modify the draft ordinance amendment to still allow
all cannabis facility types with expanded buffers and a modified list of sensitive uses.
C. Program Option C - Prohibit Outdoor Cultivation: This is the most restrictive
option that would modify the draft ordinance amendment to allow all cannabis facility
types except for outdoor cultivation with added buffers and sensitive uses.

3.

Provide direction on refining program regulations based on stakeholder feedback
regarding consumption lounges and temporary cannabis events. The Board may
recommend one of the Policy Options identified below:

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A. Option A: Retain Temporary Cannabis Events and Onsite Consumption in SECP for
Further Consideration.
B. Option B: Remove Temporary Cannabis Events and Onsite Consumption Lounges
from the SECP.
4.

Provide direction on whether to continue to develop the Community Equity Contribution
Program (CECP) Community Incentive Grants, which would allow cannabis businesses
that provide a community benefit to apply for and receive rebates or grants based on the
payment status of their cannabis taxes.
A. Option A - Continue to Develop the CECP.
B. Option B - Do Not Continue to Develop the CECP.

EQUITY IMPACT STATEMENT
On January 27, 2021 (4), the Board of Supervisors (Board) directed staff to develop the Socially
Equitable Cannabis Program (SECP) with the goal of creating a safe and equitable legal
cannabis industry in the unincorporated area. A core component of SECP is the Social Equity
Program which seeks to rectify the injustices caused by the War on Drugs by ensuring
individuals disproportionally impacted by cannabis criminalization have priority access to
business opportunities.
SUSTAINABILITY IMPACT STATEMENT
The Socially Equitable Cannabis Program (SECP) aims to establish an environmentally
responsible and socially equitable legal cannabis industry within unincorporated areas. The draft
amendments to the Zoning Ordinance define land use standards and operational regulations for
cannabis facilities designed to protect safety and welfare; minimize potential negative impacts
on communities and the environment; and ensure compliance with local and State laws. All
cannabis facilities would be required to conform to the County General Plan and any applicable
specific plans, master plans, and all applicable zoning and regulatory standards and State
regulations. Throughout the development of the SECP, staff collaborated closely with regulatory
agencies, technical advisory groups, and the public to ensure alignment with environmental
standards and best practices. The SECP is being developed to establish a framework through
which new cannabis facilities mitigate environmental impacts and protect natural resources,
water, and energy consumption.
FISCAL IMPACT
Recommendations 1-3
There is no fiscal impact associated with recommendations 1 through 3. Staff anticipate
returning to the Board of Supervisors (Board) with the final Program Environmental Impact
Report and ordinances at a future hearing. Any specific potential fiscal impacts associated with
program adoption will be identified at a future hearing. There will be no change in net General
Fund costs and no additional staff years.

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Recommendation 4
If the Board directs staff to implement the Community Equity Contribution Program (CECP),
there is no fiscal impact in Fiscal Year 2025-26 in the Finance and General Government Group,
Office of Equity and Racial Justice (OERJ). There would be future program costs and revenue
estimated at $20,000 per year beginning in Fiscal Year 2027-28 in OERJ, which would be
included in future Operational Plans and funded by existing resources and staffing based on
General Purpose Revenue for the Social Equity Program (SEP). Costs are not projected to begin
until Fiscal Year 2027-28 because in order to qualify for CECP, new cannabis businesses must
be operational and be up to date on tax payments for one year. It is projected to take one to two
years to get through State and County licensing processes. There will be no change in net
General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT
There is no business impact associated with today’s recommendations. Staff anticipates
returning to the Board of Supervisors (Board) with the final Socially Equitable Cannabis
Program (SECP) at a future hearing. If the final SECP is adopted, depending on the direction
provided by the Board, the SECP could create jobs in the unincorporated areas, as part of a
regulated cannabis industry. Any specific potential business impacts associated with program
adoption will be identified at a future hearing.
4.

SUBJECT:

PROTECTING SAN DIEGANS FROM THE IMPACTS ASSOCIATED
WITH LARGE ARTIFICIAL INTELLIGENCE (AI) DATA CENTERS
(DISTRICTS: ALL)

OVERVIEW
Large artificial intelligence (AI) data centers are being developed across the country at a rapid
pace. They typically range in size from hundreds of thousands to millions of square feet and are
quite literally powering the emerging and unprecedented societal shift toward AI. These facilities
house and interconnect thousands of advanced computer chips, particularly graphics processing
units (GPUs), which are essential for data and power-intensive tasks designed to train large
language models, machine learning networks, and other data-heavy processes that are driving the
development of AI technologies like OpenAI’s ChatGPT and xAI’s Grok, among many others.
AI data centers require incredible amounts of electricity and water to operate and can
significantly strain local infrastructure and grid capacity. For example, consider that a single
moderately-sized facility - in terms of power - of 100 megawatts (MW) consumes as much as
100,000 households’ worth of electricity annually, according to the International Energy Agency
(IEA). And that’s just the beginning. A single 100 MW project, as large as it is, pales in
comparison to facilities currently being proposed or constructed approaching or exceeding 1,000
MW in size, which would be capable of consuming an amount of electricity equivalent to over a
million households. OpenAI’s Stargate Project alone, for instance, plans to develop 10 gigawatts
(10,000 MW) of AI data center capacity by 2029.

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To meet the ever-growing power demand of emerging AI systems, across the country large data
centers are quickly becoming one of the fastest-growing electricity users, with power demand set
to possibly double over the next decade. Large technology companies are seeking available land
with proximity to existing and/or planned utility infrastructure to develop additional data centers.
Given the availability of land and utility infrastructure in the unincorporated County, we should
expect similar project proposals to begin being submitted in our region soon. However, much
like we saw with the growing demand for batter energy storage system (BESS) projects, current
County regulations do not specifically address the size, scale, specific impacts, or utility
demands of AI data centers. Without proper safeguards in-place, this level of power demand
could result in significant increases in electricity rates for residents and small businesses already
grappling with an electricity affordability crisis.
Not wanting to recreate the situation we encountered with BESS projects - that they can be
processed and approved without specific regulations tailored to their unique impacts (thermal
runaway, toxic plumes, etc.) - the County should be proactive and begin looking at policy
solutions now, before an influx of AI data center project proposals flood our region, leaving
residents more vulnerable to their impacts. Without specific regulations, these projects will
likely default to a standard permitting process which won’t necessarily protect ratepayers from
spikes in electricity rates and significant impacts on our water supplies and other critical
infrastructure.
It's in the spirit of protecting San Diegans from the impacts of emerging AI that today’s item
directs the Chief Administrative Officer (CAO) to evaluate the potential local impacts of AI data
centers and return to the Board with relevant information and potential policy options to help
protect residents, small businesses, and critical infrastructure, while still allowing reasonable
development to move forward.
RECOMMENDATION(S)
SUPERVISOR JIM DESMOND
1.
Direct the Chief Administrative Officer (CAO) to prepare a report addressed to the Board
within 180 days that evaluates the potential development of large AI data centers in the
unincorporated County, and that specifically answers the following questions:
a.
b.
c.
d.
e.
f.
g.
h.

How many AI data centers are currently constructed in San Diego County?
How many AI data centers are currently proposed or have submitted plans for
permit review?
Under existing zoning and regulations, where could large AI data centers be
developed, including proximity to sensitive receptors? For instance - could they
be permitted in residential zones? What about commercial, industrial, etc.?
Under the current permitting process, what opportunities exist for public notice,
community engagement, and input should an AI data center be proposed?
What impacts could large AI data centers have on electricity rates, water usage,
local infrastructure, air quality, noise, fire risk, and emergency response?
What potential impacts could an increasing use and/or reliance of AI have on the
local workforce, including job displacement or changes in employment sectors?
What actions, if any, is the County currently taking to prepare for or manage the
accelerating growth in AI data center development?
Any other relevant information the Board should take into consideration?

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2.

Direct the CAO to include in the same 180-day report potential policy options that the
Board may consider to reduce impacts from large AI data centers. These options may
include, but are not limited to:
a.

Ratepayer and water protection measures, such as:
i. Community benefit requirements consistent with project size, such as
contributions to ratepayer assistance programs.
ii. Set limits on water usage and/or requirements for on-site water recycling.
iii. Requirements for projects to cover the cost of new or upgraded utility
infrastructure needed to serve the project.
iv. Incentives or requirements for on-site energy generation.

b.

Siting and development standards, such as:
i. Restrictions on locating large AI data centers near residential areas or
sensitive receptors such as schools, day care and senior care centers, and
hospitals.
ii. Incentives to locate facilities within appropriate commercial or industrial
zones.
iii. Standards related to setbacks, building height, lighting, landscaping, and
overall site design.

EQUITY IMPACT STATEMENT
Lower-income, rural and other disadvantaged communities are likely more vulnerable to the
impacts of large AI data centers. Higher utility rates will exacerbate financial pressures on all of
us, but households struggling the most with the rising cost of living will be hit the hardest.
Communities near proposed facilities may also experience localized impacts, including noise
and visual impacts. Establishing clear standards and protections before projects are proposed
ensures the impacts are not disproportionately borne by more vulnerable populations.
SUSTAINABILITY IMPACT STATEMENT
Large AI data centers require enormous amounts of electricity and water. Without appropriate
safety measures in place, future projects could significantly impact the electrical grid and
increase demand for limited local water resources. Projects must minimize their impact on
existing infrastructure, incorporate on-site energy generation where feasible, and contribute
appropriately to help make our region a place where people can thrive.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2025-26 Operational Plan in the Planning
& Development Services (PDS) and the Land Use and Environment Group, Office of
Sustainability and Environmental Justice (OSEJ) departments. The staff currently working on
unincorporated area regulations for privately initiated Battery Energy Storage Systems could
concurrently complete this report back by leveraging project similarities, with updated project
timelines for BESS. Staff are currently supported by existing General Purpose Revenue and
$35,000 in estimated program revenue, which would need to be replaced if work were redirected
towards the AI efforts. In addition to staff time, it is estimated that $115,000 would be needed to
support one-time consultant costs related to the evaluation of the potential development of large
AI data centers in the unincorporated County with potential policy options for the Board to
consider.
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The total estimated GPR need of $150,000 ($35,000 program revenue backfill for existing staff
and $115,000 for consultant costs) would be funded by reallocating $135,000 within PDS and
$15,000 within OSEJ. Within PDS, $135,000 is available from funds previously allocated for
the Battery Energy Storage System (BESS) project due to a better understanding of the
environmental analysis, scope and outreach, resulting in lower anticipated costs. Within OSEJ,
$15,000 is available from projected operational savings. There will be no change in net General
Fund costs and no additional staff years. There may be future fiscal impacts of the
recommendations which will be presented to the Board for consideration and approval.
BUSINESS IMPACT STATEMENT
N/A
5.

SUBJECT:

TRAFFIC ADVISORY COMMITTEE (01/14/2026 - ADOPT
RECOMMENDATIONS INCLUDING INTRODUCING AN
ORDINANCE; 01/28/2026 - SECOND READING OF AN ORDINANCE,
UNLESS ORDINANCE IS MODIFIED ON SECOND READING, AND
CEQA EXEMPTION FINDING) (DISTRICTS: 1, 3, & 5)

OVERVIEW
The Traffic Advisory Committee (TAC) supports the Department of Public Works (DPW)
traffic engineering program. The TAC was established by the Board of Supervisors (Board) in
the 1950s to provide traffic regulations and recommendations within the unincorporated areas of
the region. The TAC proposes policies that will enhance safety, reduce congestion, and be
legally enforceable. The TAC meets every two months to review proposed additions, deletions,
or changes to regulatory traffic control devices such as speed limits, stop signs, traffic signals,
and parking regulations on County of San Diego (County) maintained roads. Upon receipt of a
request or recommendation for the implementation of a traffic safety measure in unincorporated
areas, the TAC reviews and investigates the requested item, including engineering and traffic
condition studies. The TAC recommendations are provided to the Board for consideration. The
TAC recommends the Board act on eight items from August 1, 2025 TAC meeting agenda:
District.
Item

Location

Request

Description

1.
1-A

Presioca Street &
Harness Street in Spring
Valley.

Review requested by
residents.

Establish an all-way stop
intersection.

3.
3-A*

Rambla de las Flores
from La Granada to La
Orilla in Rancho Santa
Fe.

3.
3-B*

Rambla de las Flores
from La Orilla to Linea
del Cielo in Rancho
Santa Fe.

Wednesday, January 14, 2026

Review requested by
DPW staff.

Review requested by
DPW staff.

Combine with the southern
speed zone segment,
establish a 35 MPH speed
limit, and certify the 35
MPH speed limit.
Combine with the northern
speed zone segment,
establish a 35 MPH speed
limit, and certify the 35
MPH speed limit.
13

District.
Item

Location

Request

Description
Combine with the northern
speed zone segment,
relocate the northern
endpoint to Fallbrook
Street, establish a 40 MPH
speed limit, and certify the
40 MPH speed limit for
radar enforcement.
Combine with the southern
speed zone segment,
relocate the northern
endpoint to Fallbrook
Street, establish a 40 MPH
speed limit, and certify the
40 MPH speed limit for
radar enforcement.
Relocate the southern
endpoint to Fallbrook Street
and certify the 35 MPH
speed limit for radar
enforcement.

5.
5-A*

Stage Coach Lane from
Mission Road to 1,580’
south of Calavo Road in
Fallbrook.

Review requested by
DPW staff.

5.
5-B*

Stage Coach Lane from
1,580’ south of Calavo
Road to Reche Road in
Fallbrook.

Review requested by
DPW staff.

5.
5-C*

Stage Coach Lane from
Reche Road to Mission
Road in Fallbrook.

Review requested by
DPW staff.

5.
5-D*

Rainbow Heights Road
from Rice Canyon Road
to end of County
maintenance (at
Sombrero Road, a
private road) in
Rainbow.

Review requested by
residents.

Establish a 30 MPH speed
limit and certify the 30
MPH speed limit for radar
enforcement.

5.
5-E

San Marino Drive and
Hermosita Drive in Lake
San Marcos.

Review requested by
residents.

Establish an all-way stop
intersection.

*Item requires two hearings.
Approval of Item 1-A on Presioca Street and Harness Street (District 1) and 5-E on San Marino
Drive and Hermosita Drive in Lake San Marcos (District 5) would enhance safety for
pedestrians, bicyclists, and motorists by assigning a full stop to all vehicles approaching the
intersections. Properly posted intersection stop controls reduce the number and severity of
collisions by assuring reasonable drivers enter intersections at a low speed and have more time
to take heed of the traffic situation.
Approval of Items 3-A on Rambla de las Flores in Rancho Santa Fe (District 3), 3-B on Rambla
de las Flores in Rancho Santa Fe (District 3), 5-A on Stage Coach Lane in Fallbrook (District 5),
5-B on Stage Coach Lane in Fallbrook (District 5), 5-C on Stage Coach Lane in Fallbrook
(District 5), and 5-D on Rainbow Heights Road in Rainbow (District 5) would support speed

Wednesday, January 14, 2026

14

enforcement which enhances roadway safety. Properly posted speed limits inform drivers on safe
speeds, reduce the number and severity of collisions, and allow for enforcement.
The Board’s action on Items 1-A on Presioca Street and Harness Street (District 1) and 5-E on
San Marino Drive and Hermosita Drive in Lake San Marcos (District 5) does not revise the San
Diego County Code of Regulatory Ordinances (County Code) and therefore does not require a
second reading of an ordinance. Board direction on January 14, 2026 would allow
implementation by DPW.
The Board’s action on 3-A on Rambla de las Flores in Rancho Santa Fe (District 3), 3-B on
Rambla de las Flores in Rancho Santa Fe (District 3), 5-A on Stage Coach Lane in Fallbrook
(District 5), 5-B on Stage Coach Lane in Fallbrook (District 5), 5-C on Stage Coach Lane in
Fallbrook (District 5), and 5-D on Rainbow Heights Road in Rainbow (District 5) would
introduce an ordinance to amend and establish speed limit zones. This action would revise the
County Code and requires two steps. On January 14, 2026, the Board will consider the TAC
items. If the Board takes action as recommended, then on January 28, 2026, a second reading
and adoption of ordinances amending the County Code would be necessary to implement the
Board’s direction. If the proposed ordinance is altered on January 28, 2026, then on that date a
subsequent meeting date will be selected for the ordinance’s adoption.
RECOMMENDATION(S)
TRAFFIC ADVISORY COMMITTEE
District 1:
Item 1-A. Presioca Street and Harness Street in Spring Valley - Establish an all-way stop
intersection.
District 3:
Item 3-A. Rambla de las Flores from La Granada to La Orilla in Rancho Santa Fe - Combine
with the southern speed zone segment, establish a 35 MPH speed limit, and certify the 35 MPH
speed limit.
Item 3-B. Rambla de las Flores from La Orilla to Linea del Cielo in Rancho Santa Fe - Combine
with the northern speed zone segment, establish a 35 MPH speed limit, and certify the 35 MPH
speed limit.
District 5:
Item 5-A. Stage Coach Lane from Mission Road to 1,580’ south of Calavo Road in Fallbrook Combine with the northern speed zone segment, relocate the northern endpoint to Fallbrook
Street, establish a 40 MPH speed limit, and certify the 40 MPH speed limit for radar
enforcement.
Item 5-B. Stage Coach Lane from 1,580’ south of Calavo Road to Reche Road in Fallbrook Combine with the southern speed zone segment, relocate the northern endpoint to Fallbrook
Street, establish a 40 MPH speed limit, and certify the 40 MPH speed limit for radar
enforcement.
Item 5-C. Stage Coach Lane from Reche Road to Mission Road in Fallbrook - Relocate the
southern endpoint to Fallbrook Street and certify the 35 MPH speed limit for radar enforcement.
Wednesday, January 14, 2026

15

Item 5-D. Rainbow Heights Road from Rice Canyon Road to end of County maintenance (at
Sombrero Road, a private road) in Rainbow - Establish a 30 MPH speed limit and certify the 30
MPH speed limit for radar enforcement.
Item 5-E. San Marino Drive and Hermosita Drive in Lake San Marcos - Establish an all-way
stop intersection.
CHIEF ADMINISTRATIVE OFFICER
1.
Find that the proposed project is exempt from the California Environmental Quality Act
(CEQA) as specified under Section 15301 of the CEQA Guidelines because the proposed
action involves minor alterations of existing public facilities relating to regulatory traffic
control on County of San Diego maintained roadways, resulting in negligible or no
expansion of existing or former use.
2.

Adopt the Traffic Advisory Committee’s recommendations.

3.

Adopt the following Resolutions:
RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 299 RELATING TO THE
ESTABLISHMENT OF ALL-WAY STOP INTERSECTIONS IN THE COUNTY OF
SAN DIEGO.
RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO.
RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 305 RELATING TO THE
ESTABLISHMENT OF THROUGH HIGHWAYS IN THE COUNTY OF SAN DIEGO.

4.

Approve the introduction of the following Ordinance:
ORDINANCE ADDING SECTION 72.169.8.4., AMENDING SECTIONS 72.161.9.,
72.169.54., AND 72.169.58., AND DELETING SECTIONS 72.161.9.1., AND
72.169.75. OF THE SAN DIEGO COUNTY CODE RELATING TO SPEED LIMITS
ON COUNTY MAINTAINED ROADS IN SAN DIEGO COUNTY.

If, on January 14, 2026, the Board takes action as recommended, then, on January 28, 2026:
1.
Adopt the following Ordinance:
ORDINANCE ADDING SECTION 72.169.8.4., AMENDING SECTIONS 72.161.9.,
72.169.54., AND 72.169.58., AND DELETING SECTIONS 72.161.9.1., AND
72.169.75. OF THE SAN DIEGO COUNTY CODE RELATING TO SPEED LIMITS
ON COUNTY MAINTAINED ROADS IN SAN DIEGO COUNTY.
EQUITY IMPACT STATEMENT
The review of traffic signs, intersection controls, and roadway markings supports vehicle safety
on County of San Diego maintained roads. The transportation system must be safe for all road
users, for all modes of transportation, in all communities, and for people of all incomes, races,
ethnicities, ages, and abilities. Understanding travel patterns, where correctable crashes are
occurring, and the disproportionate impacts on certain communities allows the Department of
Public Works to identify actions to address the underlying causes, improve safety, and ensure

Wednesday, January 14, 2026

16

there is justice in the enforcement of traffic regulations. DPW’s Local Roadway Safety Plan
reviews correctable collisions along road segments within the unincorporated areas of the region
and uses the Healthy Places Index (3.0) and CalEnviroScreen (4.0) to ensure that underserved
populations are prioritized. The Traffic Advisory Committee (TAC) relies on the Local Roadway
Safety Plan and performs reviews of regulatory traffic control devices such as signs and
markings. While adherence to sign and marking standards developed by the California
Department of Transportation is crucial to obtaining the compliance of most drivers, the TAC
also relies on various community engagement methods such as the Tell Us Now! Mobile app,
toll-free hotlines, and a customer service request program to intake reports on a wide variety of
traffic concerns and ensure the concerns are addressed.
SUSTAINABILITY IMPACT STATEMENT
The proposed actions have social, health and well-being, and environmental sustainability
benefits. The Traffic Advisory Committee has made addressing sustainability a top priority by
partnering with local communities and industry leaders in a public forum every two months to
find timely, reasonable, and cost-effective in-road traffic solutions that reduce costly traffic
delays, mitigate vehicle idling to reduce emissions, improve fire response times and regional
readiness, and ensure justice in enforcement of traffic regulations.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2025-26 Operational Plan in the
Department of Public Works, Road Fund. If approved, this request will result in costs and
revenue of $15,034.00 in Fiscal Year 2025-26 for staff time, materials, and supplies. The
funding source is the State Highway User Tax Account. There will be no change in net General
Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
6.

SUBJECT:

NOTICED PUBLIC HEARING:
RESOLUTION TO REVISE THE TRANSPORTATION STUDY GUIDE
FOR VEHICLE MILES TRAVELED TO REMOVE THE INFILL AREA
AND SMALL PROJECT SCREENING CRITERIA AND CEQA
EXEMPTIONS (DISTRICTS: ALL)

OVERVIEW
The proposed action today revises the County’s 2022 Transportation Study Guide (TSG) related
to Vehicle Miles Traveled (VMT) to remove the thresholds for small project exemptions and
infill areas to comply with recent court directives.
In 2013, the State of California passed Senate Bill 743 (SB 743), which changed how
jurisdictions, including the County of San Diego (County), analyze transportation impacts from
privately and publicly initiated projects under the California Environmental Quality Act
(CEQA). SB 743 identified Vehicle Miles Traveled (VMT) as the standard to evaluate a
project’s transportation-related environmental impacts. VMT replaces motorist delay and
associated level of service (LOS) as the metric for traffic impact analysis under CEQA. VMT
measures both the volume of daily vehicle trips generated, and the average distance people drive
Wednesday, January 14, 2026

17

to and from destinations by specific types of land uses. The intent behind SB 743 was to balance
the needs of congestion management (traffic) with statewide goals to reduce greenhouse gas
(GHG) emissions, encourage infill development, and improve public health through more active
transportation such as walking and biking.
On September 28, 2022 (6), the Board of Supervisors (Board) adopted the County’s
Transportation Study Guide (TSG). This 2022 TSG established a threshold for analyzing
transportation impacts in the unincorporated area under the California Environmental Quality
Act (CEQA) using vehicle miles traveled (VMT) as a metric, as required by State law. The
County’s 2022 TSG was challenged in court shortly after adoption, and as a result, the County
has been ordered to revise two of its VMT thresholds.
In November 2022, the Cleveland National Forest Foundation (CNFF) and the Coastal
Environmental Rights Foundation (CERF) filed a lawsuit against the County alleging the 2022
TSG violated CEQA because the thresholds regarding infill area and small projects were
adopted without substantial evidence. In December 2023, the trial court found the County’s infill
area and small project exemptions were supported by substantial evidence and upheld the 2022
TSG. However, this ruling was appealed by CNFF and CERF, and in April 2025, the appellate
court found that the County’s infill area and small project thresholds were not supported by
substantial evidence. The County petitioned the California Supreme Court to review the decision
and was supported by amici briefs from the County Counsels’ Association and the League of
California Cities. Ultimately, however, the Court denied review of the case, rendering the
appellate court’s decision final. In October 2025, the trial court issued a writ of mandate
ordering the County to revise its TSG to remove the infill area and small project thresholds.
The proposed action today revises the County’s 2022 TSG to remove those thresholds to comply
with the court’s direction. Staff will continue evaluating VMT mitigation program options and
will return in in Summer 2026 for Board direction, as well as consideration of other potential
revisions to the TSG. The Board retains the ability to take future action related to the TSG and
VMT. Additionally, today’s court-mandated revisions to the TSG to remove the infill areas and
small project exemptions would apply to in-process projects in the unincorporated area.
However, staff have reviewed these projects and determined that most of them are consistent
with the County’s General Plan and qualify to streamline under CEQA using the
15183-exemption process, which allows projects to move forward without VMT mitigation. For
the limited number of in-process projects that do not qualify for a 15183 CEQA exemption, staff
have contacted those individual project applicants and are working with them to identify options
to continue moving projects forward.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1.
Find that the proposed resolution complies with the CEQA and State and County CEQA
Guidelines because the resolution is: (1) not a project as defined in the Public Resources
Code section 21065 and CEQA Guidelines section 15378, and is therefore not subject to
CEQA pursuant to CEQA Guidelines sections 15060(c)(3); (2) categorically exempt
pursuant to section 15308 of the CEQA Guidelines because this action will enhance and
protect the environment; and (3) subject to the common sense exemption, CEQA

Wednesday, January 14, 2026

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Guidelines section 15061(b)(3), because the resolution is an administrative action and it
can be seen with certainty that there is no possibility that it may have a significant effect
on the environment.
2.

Adopt a resolution entitled: RESOLUTION TO REVISE THE TRANSPORTATION
STUDY GUIDE FOR VEHICLE MILES TRAVELED TO REMOVE THE INFILL
AREA AND SMALL PROJECT SCREENING CRITERIA (Attachment A).

EQUITY IMPACT STATEMENT
An analysis of transportation impacts as measured by VMT will reduce environmental and
health impacts associated with transportation, including noise, air quality and safety, and help
accomplish the goals of Senate Bill 743 to balance the needs of congestion management with
goals related to infill development, promotion of public health, and reduction of greenhouse gas
emissions.
SUSTAINABILITY IMPACT STATEMENT
The revised 2022 TSG will reduce VMT and greenhouse gas (GHG) emissions within the
unincorporated area, helping to meet the State and County’s climate, health, and mobility goals
through implementation of Senate Bill 743.
FISCAL IMPACT
There is no fiscal impact associated with the revisions to the 2022 TSG presented today. There
will be no change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A

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