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October 20, 2009 - Board of Supervisors Hearing - Rescission of Development Agreements
The Board will consider rescinding the development agreements approved in December 2008.
Call to Action - Support Cancellation of Naples Development Agreements
WHO: Board of Supervisors hearing concerning Naples
WHEN: October 20, 2009, Item # 5, Probably starting after lunch around 1 PM.
WHERE: County Administrative Building, 105 E. Anapamu Street, 4th Floor
WHAT'S INVOLVED? Hearing to consider cancelling development agreements for the Santa Barbara Ranch (Naples) Project and setting the stage for future processing at the Coastal Commission
SUMMARY OF REQUESTED ACTION:
Ask the Board of Supervisors to: 1) cancel the development agreements; and 2) direct staff to refrain from submitting anything to the California Coastal Commission until all of the outstanding coastal issues are addressed.
BACKGROUND - DEVELOPMENT AGREEMENTS:
The County's approval of the Santa Barbara Ranch project in late 2008 included approving two development agreements. Development agreements are contracts between the County and developer that lock in the approvals and prevent the County from changing the law or rules applying to the project. Development agreements bind the hands of future Boards of Supervisors and severely limit County discretion in responding to changed circumstances. In this case, the development agreements prohibit the County from applying new rules or policies, such as may arise from the Gaviota Coast General Plan update, and severely limit the County's ability to respond to changed circumstances, such as discovery of new biological resources or the withdrawal of one of the key partners such as Dos Pueblos Ranch.
In June Supervisor Farr asked staff to come back with information regarding the potential to cancel the development agreements, which while signed, are not yet effective. Cancelling these two development agreements is appropriate in light of the developer's February decision to withdraw his application for the coastal portion and thereby to rescind the purported County benefits in the development agreements; the announcement by the neighboring Dos Pueblos Ranch in August that Dos Pueblos Ranch is for sale, and the potential for other changed circumstances to materially alter the adequacy of the development agreements. In particular, the developer was asked by the Coastal Commission to develop additional biological survey information, but none has been provided to date.
Cancelling the development agreements does not cancel the underlying Project approvals - but gives the County more options as the processing of those approves proceeds.
TALKING POINTS:
1. The Supervisors should cancel the development agreements for Santa Barbara Ranch because:
The developer has changed the Project and elements of the development agreements by withdrawing their application for the Coastal project
County policies and rules for Gaviota Coast development may change and this Project should not be exempt
The County should be able to respond to new scientific or other information
Other participants in the Project, notably the owners of Dos Pueblos Ranch, have put their lands on the market. Approval was originally granted for Dos Pueblos Ranch development based on the owners' stating they would occupy the "farmstead" houses in the middle of active orchards and so no agricultural buffers were needed. This change in circumstances is an example of why the development agreements can be problematic since they restrict the County's ability to respond to changed circumstances.
BACKGROUND: COASTAL COMMISSION PROCESSING
The County's approvals may be appealed to the Coastal Commission after the Coastal Commission accepts the County's "Notice of Final Action" (aka "NOFA"). The Coastal Commission has rejected the NOFAs several times already, and disputes continue between the County and Coastal Commission staff on the appropriate way to process the approvals. The County staff has proposed that the Supervisors direct submittals of separate NOFAs for different elements of the Project.
We believe the project should be evaluated as a whole by the Coastal Commission, and that a single NOFA for all approvals is appropriate. This ensures there will not be piecemeal review and the whole project will be considered together.
It is not clear that the County Supervisors will take any action on the Coastal Commission processing issue, and if they do not, that is OK. But if they do, a single NOFA should be used.
TALKING POINTS: Coastal Commission Processing
The County should refrain from submitting any of the Santa Barbara Ranch actions to the Coastal Commission until other issues are resolved and the applicant submits a stable final Project Description. At that time, a single NOFA should encompass all coastal entitlements for both the inland and coastal portions of the project.
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May 5, 2009 - Supervisors Hearing on Future of Naples
The Board will give direction to staff on the County's follow-up to their decision to retain the original MOU terms and keep the Coastal and Inland Naples projects together.
Stay tuned for more informaiton on the hearing and the issues.
January 23, 2009
Write Supervisors to Rescind Prior Closed Door Action Splitting Naples Project
To Do: Write, call or email members of the Board of Supervisors
Why: Promote Open Government Decisionmaking
When: Before Tuesday 1/27/09
What: Closed Session, Board of Supervisors Hearing, January 27, 2009
Background:
On October 7, 2008, the Board of Supervisors voted 3-2 to adopt a revision to the Memorandum of Understanding (MOU) for the Naples project. The MOU revision allowed the developer to process and ultimately build the inland portion of the Santa Barbara Ranch project before the Coastal Commission took final action on the County's approval. Although the original 2002 MOU was adopted in open session, the Board revised it in closed session.
The Naples Coalition, Surfrider Foundation and EDC objected to the action, and have demanded the Board rescind the closed session action by February 4, 2009. The Board will have to take action by February 3, 2009.
Sample message:
I am very concerned that our government operate openly and with transparency. The Board must rescind the October 7 closed session approval of the Naples MOU revision. The public's business, including this land use decision, should be conducted in open session, with a Staff Report and after hearing from the public. The Naples MOU was adopted in open session, so any revisions should be considered in open session. Bring government into the open for all to see!!
Email addresses of the members of the Board of Supervisors:
SupervisorCarbajal@sbcbos1.org
jcenteno@co.santa-barbara.ca.us
January 23, 2009
Gaviota Coast Action Alert - Planning and Development Department Priorities
To Do: Write, call or email Planning Commissioners and Supervisors
Why: Promote Gaviota Coast as a new County land use planning priority
When: Before Wednesday 1/28/09
What: Item # 4, January 28, 2009 Planning Commission Agenda (Santa Maria meeting). See http://applications.sbcountyplanning.org/boards/pc/cpc_documents.cfm?DocID=5166
Background:
The County has begun setting priorities for the Planning and Development Department for incorporation into the 2009-2010 budget (starting in July). With the new Board of Supervisors majority comes new priorities, but it is essential for the public to state clearly that enhanced protections for the Gaviota Coast are the highest priority.
Once the priority is established, the Planning Commission and Board will conduct future meetings to decide how to best preserve the Gaviota Coast using immediate and longer-term planning strategies.
Sample message to Planning Commissioners:
The Gaviota Coast has the County's most sensitive and valuable open spaces, and is the most threatened region due to inadequate land use controls. The proposals by out of town developers for massive, oversize homes on irreplaceable agricultural lands must be stopped. New measures to protect the Gaviota Coast must be implemented as quickly as possible to protect this community resource before it is forever lost. Please recommend to the Board of Supervisors that enhanced protection of the Gaviota Coast is the County's highest land use priority.
Addresses:
To send your message to all 5 Planning Commissioners, email your message to jopland@co.santa-barbara.ca.us and dvillalo@co.santa-barbara.ca.us.
If you would rather call, phone numbers for each Planning Commissioner are posted at http://applications.sbcountyplanning.org/boards/pc/cpc.cfm
Thanks for helping save the Gaviota Coast!!
INFORMATION ABOUT NAPLES TRAIL CLOSURES AND BLOCKED ACCESS
For information about the recent closures of trails near Naples, see the Coastal Access page.
Fill out a survey of your use of the Naples area!!
Naples Project
Please visit the Naples calendar section for important public hearings related to the Naples Development and the Naples main page for ways to get involved.
Also visit the County of Santa Barbara Planning and Development Department website for project hearings and related documents.
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