Notice of Public Meeting

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1 Notice of Public Meeting Gaviota Coast Planning Advisory Committee (GavPAC) Meeting No. 42 & Potluck Barbeque Note: This agenda lists discussion topics for the GavPAC meetings on: Saturday, September 10, :00 a.m.-3:00 p.m. Attendees: GavPAC Members, County Staff, and Public Participants Please review: Meeting Materials Packet for Meeting on 09/10/11 Please bring: Meeting Materials Packet for Meeting on 09/10/11 Note New Location: Arroyo Hondo Preserve, Calle Real, Gaviota, CA click to see map and directions Agenda Item Discussion Topics CALL TO ORDER 1 Pledge of Allegiance & Roll Call 2 Opening Remarks by Supervisor Farr 3 Public Comment The Public Comment period is set aside to allow public testimony on items not on today s agenda. The time allocated to each speaker will be set at the discretion of the Chair. 4 Administrative Briefings Staff updates regarding local or other legislative activities, local planning decisions, or other updates of interest to the Committee. 5 Meeting No. 40 Minutes Review and Approval Adjourn to Potluck Barbeque If you wish to attend this meeting, please RSVP using the instructions below. As a wrap up for its first phase of work on a long-term land use plan for the Gaviota Coast, the GavPAC will have a brief business meeting and host a property tour and potluck BBQ at the Arroyo Hondo Preserve. The public is invited to attend the meeting, tour and potluck. RSVPs are requested and guests are encouraged to contribute something to the potluck. Please RSVP, including your name and names of anyone attending with you by September 6 to cmcginnis@edcnet.org. You will receive a reply to your RSVP including a recommend contribution to the potluck, as well as directions to the Arroyo Hondo Preserve, a property conserved and owned by the Land Trust for Santa Barbara County. Come and enjoy a beautiful setting, good food and a chance to meet GavPAC members, County planning staff and other people interested in planning for the future of the Gaviota Coast. See the meeting itinerary on the next page. Questions or comments about the Gaviota Coast Plan may be directed to Brian A. Tetley at or btetley@co.santa-barbara.ca.us and further information may be obtained on the following web site: Writings that are a public record under Government Code (a) and that relate to an agenda item of a regular meeting of the Planning Advisory Committee that are distributed to a majority of all of the members of the Planning Advisory Committee less than 72 hours prior to that meeting shall be available for public inspection at Santa Barbara County Planning & Development Department, 123 E. Anapamu Street, Santa Barbara, CA, and also on the County s website at Attendance and participation by the public is invited and encouraged. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Hearing Support Staff (805) Notification at least 48 hours prior to the meeting will enable the Hearing Support Staff to make reasonable accommodations. Gaviota Planning Advisory Committee Meeting 1

2 Itinerary: 11:00 Optional docent led hike around AHP, 1.5 hours 12:30 Convene GavPAC meeting and welcome guests Remarks by Supervisor Farr 1:00 Lunch served 2:00 Optional walk down canyon to tour historic Ortega Adobe and view completed creek restoration and fish passage project or guests may hike on their own 3:00 Guests depart Gaviota Coast Planning Advisory Committee Meeting 2

3 Gaviota Coast Planning Advisory Committee DRAFT MEETING MINUTES MEETING No. 40 Tuesday, August 10, 2011 Vista de Las Cruces School Auditorium Meeting Called to Order: By Chair Kim Kimbell at 6:30 p.m. 1. Roll Call, Baer, Boise-Cossart, Bowman, Feeney, Kimbell, Lloyd, McGinnis, McKenna, McNabb, Tautrim, and Van Leer GavPAC Members Absent: None County Staff Present: 2. Public Comment: None Jeff Hunt, Long Range Planning Division Director David Lackie, Long Range Planning, Supervising Planner Brian Tetley, Long Range Planning, Senior Planner Bret McNulty, Long Range Planning, Planner 3. Administrative Briefings: Tetley briefed the GavPAC on the status of the Venoco Line 96 pipeline project. When operational, the project would retire the last marine barging operation which transports crude oil extracted offshore of Santa Barbara County. The project would by connect an existing offshore oil development with the overland crude oil pipeline transmission network. The project includes retirement of the Ellwood Marine Terminal. Jeff Hunt answered questions about potential zoning ordinance changes related to events being considered by the Planning Commission and discussed GavPAC avenues for comments. 4. Meeting #39 Minutes Review and Approval The GavPAC reviewed the minutes from Meeting No. 39 held on July 17, ACTION: Motion by Baer, seconded by Feeney to approve Meeting No. 39 minutes with no revisions. Motion passed The GavPAC and staff discussed the approach used to record meeting minutes. 5. Discussion of Policy Direction Summary Tetley reviewed the purpose of the Policy Direction Summary document and revisions to document. Tetley and Lloyd discussed the Visual Subcommittee process and that the critical viewshed area map, which is still in process, would be considered once the GavPAC reconvened after the upcoming break. The GavPAC would add to the policies as appropriate once the subcommittees completed their work. The Agricultural Subcommittee is still deliberating on their assigned topics. Deliberation: Tetley introduced Item 3 on the list. Feeney, Lloyd, Tautrim, and Lackie discussed safe harbor provisions and extending provisions to neighboring properties. Gaviota Coast Planning Advisory Committee 1

4 GavPAC Meeting Minutes Wednesday, August 10, 2011 Public Comment: Anne Coates described other safe harbor efforts in Butte County and recommended splitting the policy apart. Susan Petrovich recommended adding discussion of another permit path and getting rid of voluntary participation. Deliberation: The GavPAC discussed their intent in Item 3 and raised related issues. The GavPAC decided to take out the words habitat restoration and left in the word voluntary and offsite mitigation. Deliberation: The GavPAC discussed keeping Item 3 voluntary and incorporating a mechanism providing a safe harbor for mitigation above and beyond CEQA requirements. ACTION: Staff will investigate mitigation as it relates to a development project, enhanced restoration of a development project, and voluntary offsite mitigations and the offsite effects. Tetley reviewed Summary Item 5, which remains unchanged and the changes to items 6, 7, and 8. No additional changes were identified to Items 6 and 7. Deliberation: The GavPAC discussed flexibility to provide a net benefit to buffer areas. ACTION: Kimbell directed staff to add the words, ecological benefit and context to the buffer to item 8. Tetley reviewed revised Items 9 and 10 and no changes were identified by the GavPAC. New item 12 is to add support for the NRCS Partners in Restoration program. The GavPAC identified no changes to Item 13. Deliberation: The GavPAC discussed their intent in item 14 in regards to solar and wind and natural energy projects and considered the words commercial and scale. Boise- Cossart noted that the policy reflected the action of the GavPAC. Lackie discussed the context of the motion when a presentation on wind energy was given by the Energy division and that ordinance language was being worked on by the County. Concerns were raised about conversion of agricultural land to solar farms. Public Comment: Petrovich recommended making the policy more broad to encompass wave, wind and solar and not limit to commercial scale. ACTION: Motion by McGinnis, seconded by Boise-Cossart, to add the word consider to the enabling ordinance language in Item 14. Motion failed 4-7. Lackie suggested editorial comments could be used to provide comments to staff. The GavPAC took a 15 minute break at 8:00 p.m. ACTION: Motion by Tautrim, seconded by Van Leer, to add small scale energy systems. Passed 9-0 with McKenna and Feeney abstaining. Staff and the GavPAC discussed the process of amending previous policies. The GavPAC discussed revised policy Items 15, 16, 17, and 18 and the GavPAC made no additional changes. Staff and the GavPAC discussed Item number 19 regarding fire protection and environmental protection. Public Comment: Petrovich recommended making a change to extenuating circumstances language in Item 15 and clarified that setbacks apply to residential not agricultural accessory buildings. Gaviota Coast Planning Advisory Committee 2

5 GavPAC Meeting Minutes Wednesday, August 10, 2011 ACTION: Motion by Lloyd, seconded by McNabb to amend Item 19 to instruct staff to replace item 15 with the following direction, Seek to reconcile conflicting County policies as to Fire buffer for the fire code and ESHA and environmental protection policies. Motion failed 3-8 ACTION: Add the following text to the footnote, Seek to reconcile conflicting County policies as to Fire buffer for the fire code and ESHA and environmental protection policies for existing properties. The following text will also be added to the footnotes, The County shall also consider visual impacts with regards to site selection criteria when crafting policies. The GavPAC discussed Items number 20, 21 and 22 and made no changes to the items. The GavPAC discussed item 23 and not limiting the policy to Ordinance 661. ACTION: Motion by Lloyd, seconded by Van Leer to add a footnote to Item 23 direct staff to develop language to take away the designation that applies to legal parcels of being non-conforming as to size. The GavPAC discussed Items 24 and 25 and made no changes. Staff and the GavPAC discussed Item 26 non-conforming uses and clarified the approach to address the range of uses and potential rezones that would be considered after the break ACTION: Add a notation that the motion should reflect the notation from meeting 36. Also, add a note to consider outdated oil and gas facilities. Also, add a note to bring back a comparison of parcel sizes and non-conforming and whether it s more appropriate to rezone the parcels along with the Draft Plan. 6. Long-Term GavPAC Meeting Schedule: The GavPAC will meet again on August 24 to review the final policy revisions. The GavPAC tentatively identified Saturday, September 10th as a potential date for the final meeting and BBQ before the break. Adjournment 9:10 p.m. Gaviota Coast Planning Advisory Committee 3

6 Gaviota Coast Planning Advisory Committee DRAFT MEETING MINUTES MEETING No. 41 Wednesday, August 24, 2011 Vista de Las Cruces School Auditorium Meeting Called to Order: By Chair Kim Kimbell at 6:30 p.m. 1. Roll Call GavPAC Members Present: Baer, Boise-Cossart, Bowman, Feeney, Kimbell, Lloyd, McGinnis, McKenna, McNabb, Tautrim, and Van Leer GavPAC Members Absent: None County Staff Present: 2. Public Comment: None Jeff Hunt, Long Range Planning Division Director David Lackie, Long Range Planning Supervising Planner Brian A. Tetley, Long Range Planning Senior Planner 3. Administrative Briefings: None 4. Meeting Minutes Review and Approval The GavPAC reviewed the revised minutes from Meeting No. 37 Minutes on June 29, ACTION: Lloyd moved to approve the revised Meeting No. 37 minutes as revised seconded by Tautrim. Motion passed Discussion of Gaviota Terminal Company Property and Landowner Presentation Hunt presented an introduction to the Gaviota Terminal Company (GTC) site which is operated by Shell. Owner representative, Susan Petrovich of Brownstein, Hyatt, Faber, and Schreck LLP, introduced Sonya Dompke of Shell who manages the GTC site and presented an overview of historical uses of the acre site. Petrovich reviewed historic photos of the site, discussed actions to retire infrastructure and remediate the site, described site characteristics and habitat areas, and described future steps. Petrovich noted agencies interest in acquiring the site and suggested it was a good time for coordination between agencies regarding future use of the site. Hunt noted the County will be seeking some consensus from the GavPAC regarding potential uses of the GTC site. Petrovich answered questions from the GavPAC and members of the public. Public Comment: Commenters raised issues regarding the future planning of the site, the need for more information, potential future uses, protection of special status species, rights of the property owner, and the involvement of local government and coordination with agencies. Gaviota Coast Planning Advisory Committee 1

7 GavPAC Meeting Minutes Wednesday, August 24, 2011 Deliberation: Kimball suggested someone make a motion that the committee recognizes the historic opportunity for the Gaviota Terminal property, and the committee would like to implement the collaborative interagency council approach to development and appropriate use of the property by convening a workshop at an appropriate time in our process by all interested agencies, landowners and other stakeholders to discuss that property and the committee is inclined toward a significant change in the use of that property and the committee is inclined to change the use of the site. Motion was made by Lloyd to encourage the property owner to work toward some recommendation and bring it back to the GavPAC. The GavPAC discussed the efficacy of an interagency council process to identify future use of the GTC site and whether that process should be initiated by the property owner. Petrovich asked that the motion be tabled to provide the owner with an opportunity to conduct outreach and identify options. Motion died for lack of a second. ACTION: Motion by Lloyd, seconded by McNabb to continue the item until a future date. Motion passed Discussion of Policy Direction Summary Kimball introduced the item and noted topical items being handled by the subcommittees would be considered once their work was completed their work. Deliberation: The GavPAC discussed the reasoning behind the various policy directions in the summary. No changes to items 3, 4, and 5 were identified. Item 6, under 2) McGinnis recommended removing the words Although it is unlikely to come into play. Hunt clarified the summary provided general direction to staff who would then develop policy and bring it back. Kimbell directed staff to insert the words, Public Agency after the word, proposed in item number 7 and pointed out that in item number 8, under 2), EHA should read ESHA. Public Comment: Petrovich noted that proposed mapping could lead to conflict with cattlemen and that item 5 should be clarified. Brian Troutwein noted that mapping was occurring during the preparation of other plans and appropriate in Gaviota. Deliberation: The GavPAC discussed their intent and direction in regards to ESHA policy and mapping. ACTION: Motion by VanLeer to remove 5) from summary item 8, second by Tautrim. Motion passed 7-2, with Kimbell abstaining. ACTION: Motion by Lloyd to modify summary item 8, 1) to extend the existing ESHA mapping in the Coastal Zone into riparian corridors, second by McNabb. Motion passed Deliberation: The GavPAC discussed items 9 and 10 and 12 and directed staff to revise item 12 to add the word encourage. The GavPAC further directed staff to add the words, identification of landforms and natural features that are likely to be wildlife movement areas from item 9 into 10 and delete the rest of item 9. Gaviota Coast Planning Advisory Committee 2

8 GavPAC Meeting Minutes Wednesday, August 24, 2011 No changes to item 13 were identified. The GavPAC discussed their intent in item 14 in regards to solar and wind and whether the policy summary was complete. McNabb noted information about station 18 was not included in the policy summary. ACTION: Kimbell directed, and the GavPAC concurred, staff to review the meeting notes from the GavPAC and identify items that may have been left out of the list. 7. Long-Term GavPAC Meeting Schedule: The GavPAC will meet again on August 10, 2011 to continue their review the summary of the policy actions taken during past GavPAC meetings. Another meeting after the 10 th will likely be necessary. Adjournment 9:30 p.m. Gaviota Coast Planning Advisory Committee 3

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