Montecito Association Land Use February 6 Meeting

By Joanne A Calitri   |   February 13, 2024
Richard Wax creek issue (photo by Richard Wax)

The Montecito Association (MA) held its Land Use monthly meeting February 6 via Zoom. Key issues on the table were pedestrian paths, YMCA Update, the Debris Nets and a Montecito resident’s creek issues with neighbor.

MA Chair Bill Babbitt called the meeting to order. Present were Pat McElroy, Executive Director for The Project for Resilient Communities; Gary Smart, Traffic Engineer SB County; Mostafa Estaji,SBC Public Works; Chris Sneddon, Deputy Director Transportation SB County; Darcel Elliott, Chief of Staff for Santa Barbara County First District Supervisor Das Williams; Carpinteria Police Chief Lt. Ugo Peter “Butch” Arnoldi; Kevin Dumain, Sr. Project Architect DesignARC; William M. Macfadyen, MA Treasurer, Noozhawk founder, and publisher; Margo Byrne, CEO and President Channel Islands YMCA; David Neels, Montecito Fire Chief; Diane Dostalek, Caltrans, District 5, San Luis Obispo; Douglas Black, MA Board President; Houghton Hyatt,MAExecutive Director; Jack Overall,MA Transportation Committee; Joseph M. Pennino, MA District 1 Land Use Committee; Janet Casey, MA Office Coordinator; Mike Evans, Channel Islands YMCA; Thorn Robertson,CVIA District Director; Geoffrey Slaff, and Richard Wax Montecito resident.

Prior meetings’ minutes were approved. There were no additional public comment items. 

Babbitt moved to the four Conference Agenda items starting with the Debris Nets. McElroy spoke to the situation and fielded questions. He explained, “The nets were taken down in November 2023. We had no path forward we could sustain financially, and we made the decision, regretfully, to pull the nets. The nets have a minimum of 12 to 14 anchors that are drilled into the rock up to 28 feet deep. Because we were in an ongoing discussion with the 1st District on what they want for the nets, we wanted SBC and the community to have the opportunity to move forward. So the anchors and the anchor loops are still there for future use if necessary. The nets are at Geobrugg’s yard in New Mexico, separated and marked by net. We’ve been trying to give it to the county for five years. All nets are on private land. The impact for public agencies to take over is the issue of permitting process, because of the nature of creeks they were put in. We have permits from SBC Regional Water Quality Control Board, Army Corps of Engineers, NOAA, the National Marine Fisheries, and California Dept of Fish & Wildlife. Expired permits are the SBC Regional Water Quality Control Board. We have insurance with the landowners at Buena Vista, Cold Spring, and San Ysidro roads till January 2029, and SBC also insured us, and our policy is $40 million.” 

Barrett asked about a neighborhood group who reached out about the nets. McElroy said, “It would be the people that live below Buena Vista Canyon as the SBC has plans to put in a debris basin there, as it is the only canyon impacted that does not have one. Romero, Cold Spring, and Randall roads have debris basins. He deferred to Public Works members present. It was all private money that paid for the nets. The SBC put up a performance bond that is still in place. We’ve been applying for grants; we are 54 weeks into dealing with FEMA who affirmed we are an obligated project now. We have a grant from National Fish and Wildlife Foundation to assist us with the removal of the nets and debris. It was a funding issue moving forward. As a small nonprofit we would be on the hook for cleaning out the nets and would have to go to the public to raise the money. We had six nets, got FEMA to clean out one costing over $1M. This is an endangered species habitat, so we have a responsibility in our permits to clean the nets out. Financially would not be able to do it, and potentially it could create some environmental damage. So, the only path we had was to pull the nets. We need advocacy, and for people to support SBC Flood Control – who don’t have the money they need to do what they want to do. The anchors do not require maintenance. My perception is if another group sprung up or if SBC wants to use the anchors, we have to talk to the three landowners. If by 2029 there is no interest to use them, we need to pull out the loops from
the anchors.” 

He referred people to their website on the SBC history of debris flows –  43 events since 1820. Website: https://www.tprcsb.org/

Next item was the Pedestrian Paths: Slaff said he will provide updates next month. The issues are the installation of paths down San Leandro Lane and Santa Rosa Lane funded by local community members. Discussions are in the early stages, along with a private meeting to hear all sides on the issue. Sneddon said that SBC Public Works (PW) partners with the Bucket Brigade to put pedestrian paths around the community. In Montecito, at San Leandro and Santa Rosa the issue is there is not a lot of right-of-way. The Bucket Brigade is working with homeowners on the issues and to report to PW. 

The YMCA renovation plan was presented by Byrne and Dumain. They explained they made the adjustments requested and are in a better place than a year ago. They want an exemption for streetlights along the Y’s side of San Ysidro, and to talk about the pathways SB County is putting in. The last agency for clearance is Transportation through Public Works, then they can go to the Montecito Planning Association. They met with Sneddon and reached a consensus more consistent with the neighbors’ wishes. Issues of transportation being resolved include the paths, streetlights, utilities that deviate from the standard way of doing it via SBC requirements. They are waiting for PW to come back with their review. 

Richard Wax talked about the damages he incurred on his property at 1240 East Valley Road and showed photos and videos. He said, “Montecito Creek runs through my property. I own both sides of the creek. There are water and mud damages to my property in 2023 and this past week, and the main cause is due to a neighbor who built a concrete boulder wall and masonry wall on their border of the creek. Fish and Wildlife told the neighbor to cease and desist. Fish and Wildlife are on top of the situation, but it’s been a year. The problem is, I need an emergency permit to do work in the creek. The water deflected to my property, my whole backyard, destroyed the pool, courtyard, mud inside the house, costing over $800K of damage. The neighbor’s stone masonry wall and concrete with boulders, was done without permits. Not litigating with the neighbor but preparing to. I have no insurance so it’s out of my pocket. I dealt with SBC Flood Control, Building Enforcement and Environmental, but no one from the county has helped, saying they do not have the authority to do anything, it’s up to Fish and Wildlife. We reached out Das Williams and never heard back. Just purchased my house in 2018.”Babbitt said the MA will discuss and find out how they can be supportive. Elliott and Mcfadden will also contact Wax.

Houghton updated on the Biltmore – they are getting a new GM coming from the Four Season Santa Fe who will be here on February 26. She plans to have him at the March MA meeting.

Babbitt talked about the short-term rental markets in Palm Springs relative to Montecito, where they have forty percent of the homes as short-term rentals. Elliott said Palm Springs is a charter city and has more freedom to do things. Beverly Hills strong judge issued a hold on all building permits to raise awareness of affordable housing. Babbitt requested committee suggestions for the priority list to work on.  

411: www.montecitoassociation.org

 

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