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    To Halve or Halve Not Creek Setbacks?

    50-Foot Citywide Standard Entertained to Benefit Haskell’s Landing


    Sunday, April 19, 2009
    By George Relles
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    I’d really like to write a column about the beautiful springtime sun warming the Good Land of Goleta. But a foreboding shadow continues to block our outlook, and that is the ongoing efforts by some to push through amendments to Goleta’s General Plan that will harm our environment forever.

    The latest assault comes from developers of a hundred-condo project called Haskell’s Landing, in West Goleta. They seek to change the creeks setback to 50 feet from the 100-foot setback in the original General Plan. Devereux Creek runs through the property.

    These developers have shown they will use virtually any tactic to achieve General Plan changes in order to maximize their profits. First, developers contributed tens of thousands of dollars to elect a pro-development Goleta City Council majority in 2006. Claiming they wanted only minor tweaks, that majority initiated an expensive, wholesale review of the General Plan. But when the public was asked whether it favored amendments to environmental protections such as the 100-foot setback, in oral and written testimony the public rejected such changes by a 20 to 1 margin.

    The council majority initiated amendments to the environmental protections anyway, saying they would have no effect until an Environmental Impact Report (EIR) on ALL of the amendments was completed and studied and commented upon. In 2008, largely in reaction to the wholesale General Plan changes that had been initiated, Goleta residents elected Margaret Connell and Ed Easton, both of whom had opposed most of the amendments.

    The EIR on all the amendments just came out. Public comment and review is scheduled for late summer or fall of 2009. But the Haskell’s developer took his project to the City Council last week, seeking the change to a 50-foot setback now, jumping ahead of the process, in isolation from the General Plan as a whole. Among other things, such a piecemeal approach puts busy environmental activists who oppose the amendments at a disadvantage.

    Surprisingly, Steve Chase, Goleta’s director of Planning, supported making the change, stating that it’s “the norm” for changes to a General Plan to spring forth from specific projects. Thus, Mr. Chase advocated bypassing the very General Plan process that he has been directing.

    At the last council meeting, Chase advocated for approving one of the most significant amendments immediately, reducing the 100-foot buffer to 50 feet for all of Goleta, because one developer requested it for his project.

    I am not alone in my dismay at Mr. Chase’s statement. Printed below, in full, is a letter just written to Goleta Mayor Roger Aceves by Linda Krop, chief counsel for Santa Barbara’s Environmental Defense Center, commenting on the inaccuracy of Mr. Chase’s pronouncement on how General Plans are amended.

    It is time for Goleta’s council to reject any amendments to Goleta’s Plan until the council and the public can review the EIR and discuss all of the proposed amendments. The council should reject the notion that amendments to the plan may be done one by one. Piecemeal is the opposite of planning and must be rejected.

    Letter from Linda Krop, dated April 14, 2009:

    Dear Mayor Aceves and Honorable Councilmembers:

    This letter is submitted to the Goleta City Council by the Environmental Defense Center (EDC), in response to recent representations made by the City Planning Director regarding the role of project-driven General Plan Amendments in the City’s planning process. The comments were disclosed in a recent article in the Santa Barbara Independent. (See Santa Barbara Independent, April 9, 2009, page 14.)

    According to the report, Mr. Chase “explained that projects are supposed to bring about changes to a city’s general plan. ‘It is the norm,’ he said. ‘Projects bring forward General Plan amendments as they attempt to balance a variety of competing interests. What is not the norm is the process we’ve been engaged in of city-initiated General Plan amendments … ’”

    This statement is alarming, especially coming from a Planning Director. The statement is an extreme misstatement of state law and policy. State law directs cities and counties to develop general plans to guide future development in their communities; that is “the norm.” Specifically, California Planning and Zoning law provides that:

    "Each planning agency shall prepare and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency’s judgment bears relation to its planning.

    "In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.

    "The California Supreme Court has characterized the general plan as the 'constitution for all future development.'" [George Relles’ note: I’m omitting Krop’s numerous legal citations.]

    General plans are developed and adopted by the legislative bodies of cities and counties. General plan amendments also must be considered and adopted by the same legislative bodies. Contrary to Mr. Chase’s representation, private proposals to amend the general plan are not the “norm.” Amendments are usually initiated by the city or county, and are limited to no more than four per year.

    Allowing project-driven general plan amendments defeats the entire purpose of general planning. General plans are supposed to cover the community as a whole, representing the community’s values, and reconciling various interests in one comprehensive planning document. General plans embody the policy of the city, not private parties. Piecemeal planning is not “comprehensive, “integrated,” or “internally consistent.” Opening the door to amendments to accommodate private parties does not ensure “long-term” planning, stability or certainty. Constitutions are not meant to be changed by private interests.

    We urge the Council to maintain the integrity of the City’s planning process. [signed] Linda Krop, Chief Counsel

    Related Links

    • More Goleta Grapevine columns

    This story has been amended slightly since its original publication.

    Comments

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    I'm rather shocked at Steve Chase's comments. I'd always thought of him as one of the more reasonable and pro-environmental representatives of his ilk. However the notion that General Plans should fluctuate on the whims of ( Darth Vader music plays now) developers is insane. Linda Krop nailed it. If it changes to accommodate every project then it is not much of a General Plan. I urge every citizen of Goleta to protest and protest loudly. Call or write your city council members. This distortion of the General Planning process is most definitely not in the best interests of the majority of Goleta and Noleta citizens.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    Noletaman (anonymous profile)
    April 20, 2009 at 7:26 a.m. (Suggest removal)

    Riparian corridors have not fared well under human "stewardship," suffering reduction after reduction to suit new needs of development and developers. Pretty much in the same fashion that the lands of this country's original inhabitants, American Indians, have suffered the "displace, promise, displace/reduce again, promise again, displace/reduce again" cycle of broken American promises. Although state environmental agencies long ago compromised with municipalities to require 50' wide stream corridors to be spared from development, many cities and counties find even that "inconvenient" and lobby for even narrower corridors when even 50' is minimal to maintain habitat health. Good for Goleta in trying to maintain 100' -- may the city leaders slap down the very bad idea to reduce it below this. Cities can develop AND protect the waterways that flow through them -- both will be better for it in the long run.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    Pagurus (anonymous profile)
    April 20, 2009 at 8:16 a.m. (Suggest removal)

    It would be informative if someone could also confirm or deny another of Mr. Chase's claims for the "norm" in California: that the state standard for affordable housing is no more than 20% of a proposed project. Listening to the Goleta planning director's comments at public hearings often makes me wonder whose side is he promoting?

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    viccox (anonymous profile)
    April 20, 2009 at 9:11 a.m. (Suggest removal)

    Protecting watersheds is THE MOST IMPORTANT part of protecting the environment. It is important to maintain healthy, unencumbered watersheds from the top of the mountains down to the ocean. If you want to develop somewhere, stay away from the watersheds!

    I wish these developers knew the first thing about watersheds, unfortunately they really don't. Or they are really horrible human beings. I'd like to think that they are just ignorant.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    loonpt (anonymous profile)
    April 20, 2009 at 11:02 a.m. (Suggest removal)

    If the Governator declares a water supply emergency for the state, why are water purveyors allowed to tweak the stats to accomodate this kind of unneeded building ?

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    geeber (anonymous profile)
    April 20, 2009 at 5:26 p.m. (Suggest removal)

    Just another item to add to my list of things Mr. Chase has said.

    Speaking about General Plan amendments....it looks like from where I'm sitting the City of Goleta has never followed the process for SB-18. They may have started the process during the phase 3 amendments but I highly doubt they started this during the Phase 1 and 2 stages. A state law that requires ANY general plan amendment to formally consult with the tribal groups on the Native American Heritage commission list. I guess someone needs to ask if policies and laws are being followed.

    As for the most important item to protect in the process is the environment and it is solely based on the CEQA process and its definitions which is 21060.5- environment means the physical conditions which exist within the area which will be affected by a proposed project. several items are listed.

    So what is the effect the proposed project will have on the environment? And has the city done there job in providing the information required to make that answer. My review is ..not enough.. more questions are raised and more information is needed before we go forward. Long term and commutatively.

    enjoy!

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    DefthongsFrankA (anonymous profile)
    April 21, 2009 at 6:56 p.m. (Suggest removal)

    Protecting watersheds is definitely important. Have you seen the
    “watershed” at Haskell’s Landing? It hasn’t seen running water in
    DECADES. There is so much dead vegetation in that dried up ditch that
    there is nothing left to protect! Haskell’s Landing will clear up the
    dead leaves, and RESTORE the ditch into a creek so that there will be
    something there to protect. Furthermore, from a physics standpoint,
    it is physically impossible for water to flow from north of the
    railroad, under the tracks, into the ditch at the Haskell’s Landing
    property because of elevation differences. I suggest you do your
    homework before making such presumptuous comments.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    mandy5555 (anonymous profile)
    April 23, 2009 at 9:52 a.m. (Suggest removal)

    The General Plan is meant to be a set of guidelines for developments. The EIR for the General Plan amendments will look generally (hence the name "general" plan) at creek setbacks, but this is NOT to say that General Plans should fluctuate on the whims of developers. Rather, they are flexible enough so that as a city, we can make decisions based on SITE-SPECIFIC science, because no two projects are the same. I encourage you all to look at Haskell's Landing specifically, and note that the creek setbacks average around 200 feet! Only in TWO particular locations will the setbacks be 50 feet, and the EIR for the project does indicate that this is more than adequate.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    Jfitz (anonymous profile)
    April 23, 2009 at 10:08 a.m. (Suggest removal)

    I think that Jfitz raises some very valid points. The Haskell's Landing site, like virtually all other developments, is unique and should not be dissected based on such general terms. Both the developers and city have shown that they have the interests of preserving Goleta's environment and creating an outstanding development.

    Additionally, when viewing the issue of the 50 foot setbacks one must examine how this general guideline set out by our city relates to others throughout the state. Many cities that are considered at the forefront of environmental preservation (specifically San Louis Obispo and Berkeley come to mind) have setback distances of much more 50 feet.

    Ultimately, the issue is a very difficult one but I think that, with all aspects considered, the project seems to be more than adequate in preserving the local environment.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    GauchoScott (anonymous profile)
    April 23, 2009 at 2:24 p.m. (Suggest removal)

    Just some clarification...I meant to illustrate how the 50 foot setbacks for Haskell's Landing is virtually identical with the guidelines for progressive communities throughout the state (such as Berkeley and SLO).

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    GauchoScott (anonymous profile)
    April 23, 2009 at 2:54 p.m. (Suggest removal)

    In response to Geeber's comment above:
    Let’s be realistic about the state’s issues – homes have nothing to do with the water shortage. Population growth coupled with droughts and lack of conservation cause the water shortage. New housing is based on the demands of the growing population. The reality is that water shortage or not, we need new homes to house our children and their families. At least Haskell’s Landing is an environmentally friendly community that exceeds green building standards.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    radplace (anonymous profile)
    April 23, 2009 at 3:41 p.m. (Suggest removal)

    I have to agree with the positive comments above. The proposed project will have a positive impact on the environment. It will restore the ditch into a real creek with actual water. It will preserve the wetlands on the site, and it will provide buffers and setbacks that are beyond adequate based on the science of this particular site. This development will create the EXACT THING that all you "environmentalists" are trying to protect. The site, as it exists today and for many years now, does not have anything to protect. Haskell’s Landing will put the life back into this ditch, and create something worthy of the highest environmental protections – which, I assure you, will be provided. And for those of you who think there are still questions to be asked, go to the EIR and find all the answers. This project has been in the planning process for nearly a decade, and it has been studied nearly to death. If we keep fighting a project as good as this one, the only thing that we will accomplish is scaring away any and all new housing in the city, and Goleta’s future will be pretty bleak.

    Readers say: Thumbs Up: 1 of 1 • Thumbs Down: 0 of 1

    sweenebean (anonymous profile)
    April 27, 2009 at 9:19 p.m. (Suggest removal)

    Haskell's Landing is a great project. There has been so much back and forth over the proposed General Plan amendments, including the creek setback. This is strange, because I believe it was the City of Goleta that told this developer to include these General Plan amendments in the proposal. In fact, the language is EXACTLY the same as the amendments that the city is proposing in its own General Plan Update process. These amendments have been studied with respect to the science on this specific project site, and there is no reason to delay this project any more.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    aruiz (anonymous profile)
    April 28, 2009 at 8:20 a.m. (Suggest removal)

    To all you folks claiming that this is the housing we need, please be reminded that these units will be selling for an average of $1 million or more, needing a household income of over $250,000 to buy one.

    So really, this will NOT be housing for most Goletans, but instead for rich people coming in here. The firefighters in the new firehouse, even if they have a spouse making over $100,000, probably won't be able to live in one of these units.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    Richard_Saunders (anonymous profile)
    April 28, 2009 at 1:04 p.m. (Suggest removal)

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