1.0 REQUEST. SANTA BARBARA COUNTY ZONING ADMINISTRATOR Coastal Zone Staff Report for Vincent New Single-Family Dwelling & Septic System

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1 SANTA BARBARA COUNTY ZONING ADMINISTRATOR Coastal Zone Staff Report for Vincent New Single-Family Dwelling & Septic System Hearing Date: February 26, 2007 Supervisorial District: First Staff Report Date: February 9, 2007 Staff: Jim Heaton Case No.: 06CUP Phone #: (805) Environmental Document: Exempt CEQA Section 15303(d) OWNER/APPLICANT: Bruce Vincent 24 Stanislaus Avenue Ventura, CA (805) AGENT: Bryan Pollard, AIA 229 West Mission Street Santa Barbara, CA (805) ENGINEER: Mike Gones 1513 Bath Street Santa Barbara, CA (805) Assessor Parcel Number ( ), approximately ½ mile from Shepard Lane and approximately 275 feet along a private access easement southwest of Shepard Mesa Drive, 7363 Shepard Mesa Drive, Carpinteria, First Supervisorial District. Application Filed: August 14, 2006 Application Complete: October 11, 2006 Processing Deadline: 60 days from NOE February 26, REQUEST

2 Hearing Date: February 26, 2007 Page 2 Hearing on the request of Bryan Pollard, architect for the owner, to consider Case No. 06CUP , application filed on August 14, 2006 for a Conditional Use Permit for a septic system located in the Shepard Mesa Special Problems Area, in compliance with Section of the Article II Coastal Zoning Ordinance, on property zoned 3-E-1; and to accept the Exemption pursuant to Section 15303(d) of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP No , located at 7363 Shepard Mesa Drive, in the Carpinteria area, First Supervisorial District. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No. 06CUP marked "Officially Accepted, County of Santa Barbara, February 26, 2007, Zoning Administrator Attachment D, based upon the project's consistency with the Comprehensive Plan and based on the ability to make the required findings. The Zoning Administrator s action should include the following: 1. Adopt the required findings for the project specified in Attachment A of this staff report, including CEQA findings; 2. Accept the exemption, included as Attachment B pursuant to CEQA Section 15303(d); and 4. Approve the project subject to the conditions included as Attachment C. Refer to staff if the Zoning Administrator takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This project is being considered by the Zoning Administrator based upon Section of the Article II Coastal Zoning Ordinance which states that the Zoning Administrator shall have jurisdiction for all Minor Conditional Use Permits. Article II Section defines development of those services, utilities, and related facilities subject to Conditional Use Permit processing. Under this section, development requiring a Minor Conditional Use Permit includes septic tanks or dry wells on all lots in designated Special Problem Areas for sewage disposal. 4.0 ISSUE SUMMARY The proposed Conditional Use Permit is for the construction of a new private septic system in the Shepard Mesa Special Problems Area. The septic system would serve a new residence proposed under Case No. 06CDP The construction of septic systems in the special problems area requires a conditional use permit. This conditional use permit will require a follow-on coastal development permit. No trees and no native vegetation will be removed as part of the project.

3 Hearing Date: February 26, 2007 Page 3 Access to the site will be taken from a private driveway off of Shepard Mesa Drive. The property is a 6.29-acre lot zoned 3-E-1 and shown as Assessors Parcel Number , located at 7363 Shepard Mesa Drive in the Carpinteria Area, First Supervisorial District. 5.0 PROJECT INFORMATION 5.1 Site Information Site Information Comprehensive Plan Designation Article II, Zoning District Site Size Present Use & Development Surrounding Uses/Zoning Access Other Site Information Public Services Coastal Zone, California Coastal Commission Appeal Jurisdiction, Rural Area, Residential, Maximum density: 0.33 dwelling units per acre Article II, 3-E-1, Single Family Residential, 3-acre minimum lot size acres Agriculture (Avocado Trees) with no development. North: Residential/3-E-1 South: Residential/3-E-1 East: Residential/3-E-1 West: Residential/3-E-1 & Agriculture/AG-I-40 Private access easement to Shepard Mesa Drive Shepard Mesa Special Problems Area Water Supply: Carpinteria Valley Water District Fire: Carpinteria/Summerland Fire District 5.2 Background Information The proposed conditional use permit is for the construction of a new private septic system in the Shepard Mesa Special Problems Area. The construction of septic systems in the special problems area requires a conditional use permit. This conditional use permit will require a follow-on coastal development permit (CDP). The applicant has also applied for a coastal development permit (06CDP ) for the construction of a new two-story, single-family dwelling of approximately 6,359 square feet with a 695 square foot cloister/covered entry, 470 square foot covered loggia, 183 square foot covered porch, 543 square foot terrace, and 140 square foot storage area. A new, attached garage of approximately 1,346 square feet will also be constructed as part of that project. The project will require approximately 1,257 cubic yards of cut, and 1,175 cubic yards of fill. The approval of the

4 Hearing Date: February 26, 2007 Page 4 conditional use permit for the septic system is necessary to provide adequate services for other development proposed on the lot. The CDP is not being considered as part of this application and is not being acted on by the Zoning Administrator. The CDP for the dwelling, garage and septic system construction will be reviewed and acted on separately at a future date. No trees and no native vegetation will be removed as part of the project. Access to the site will be taken from a private driveway off of Shepard Mesa Drive. The property is a 6.29-acre lot zoned 3-E- 1 and shown as Assessors Parcel Number , located at 7363 Shepard Mesa Drive in the Carpinteria Area, First Supervisorial District. 5.3 Project Description The proposed Conditional Use Permit is for the construction of a new private septic system in the Shepard Mesa Special Problems Area. No trees and no native vegetation will be removed as part of the project. Access to the site will be taken from a private driveway off of Shepard Mesa Drive. The property is a 6.29-acre lot zoned 3-E-1 and shown as Assessors Parcel Number , located at 7363 Shepard Mesa Drive in the Carpinteria Area, First Supervisorial District. 6.0 PROJECT ANALYSIS The project can be found categorically exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15303(d) exempts Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Please see Attachment B, CEQA Notice of Exemption for further detail. 6.2 Comprehensive Plan Consistency Coastal Land Use Plan Policy 2-6: Prior to issuance of a development permit, the County shall make the finding, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public or private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the land use plan. Consistent: Adequate services and resources to serve the existing single-family dwelling and guesthouse would be available on the project site. The project is to construct a new drywell septic system that may serve a single-family dwelling in the future. This project has demonstrated adequate capacity for on-site sewage treatment and received approval from the Public Health Department, Environmental Health Services (December 14, 2006) subject to the conditions (see Attachment C). Access to the subject parcel would continue to be provided via Shepard Mesa Road to a private driveway easement. Water services would continue to be

5 Hearing Date: February 26, 2007 Page 5 provided by the Carpinteria Valley Water District and fire protection would continue from Carpinteria/Summerland Fire District. Coastal Act Policy 30253: New development shall: 1. Minimize risks to life and property in areas of high geologic, flood, and fire hazard. Consistent: The drywell septic system is not located in a flood area and does not pose a fire hazard risk. It is to be located on a slope that is less than the 30% maximum slope requirements of Environmental Health Services. 2. Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. Consistent: The drywell septic system has been tested by Earth Systems Southern California and according to a letter dated December 8, 2006 to the agent, Bryan Pollard, is expected to function satisfactorily. The drywell septic system will be located on slopes less than 30% and has received Environmental Health Services approval subject to conditions (see Attachment C). EHS has reviewed the drywell proposal and determined that soils are adequate to allow percolation. Final EHS approval and permit issuance will be required prior to approval of the follow-on Coastal Development Permit. 6.3 Article II Zoning Ordinance Compliance Compliance with Ordinance Requirements Private septic systems located in designated Special Problems Areas are allowed as provided in Article II Section with approval of a Minor Conditional Use Permit (CUP). The proposed septic system would require issuance of a Coastal Development Permit effectuating the CUP, if the CUP is approved. The proposed drywell septic system was reviewed and approved by Environmental Health Services (EHS). Therefore, the proposed project may be found consistent with the requirements of Article II. Section of Article II provides findings required for approval for a Conditional Use Permit. Staff s recommended findings are included as Attachment A of this staff report. A Departmental Condition letter was submitted by the Public Health Department, Environmental Health Services (December 14, 2006), (see Attachment C). 6.7 Community or Other Agency Review

6 Hearing Date: February 26, 2007 Page 6 The project was reviewed by the Special Problems Committee on September 21, At the time, the proposed drywell was proposed to be located on a slope greater than 30% and could not be supported by Environmental Health Services (EHS). Subsequent to that meeting, the agent worked with EHS to identify a site with slopes less than 30%. As specified in the December 14, 2006 EHS Memo and Condition #2 of Attachment C of this staff report, an application for a septic system (On-site Sewage Treatment System) permit shall be reviewed and approved by Environmental Health Services prior to issuance of this Conditional Use Permit. 7.0 APPEALS PROCEDURE The action of the Zoning Administrator may be appealed to the Board of Supervisors within ten (10) calendar days following the date of the Zoning Administrator s decision by the applicant, an aggrieved person, or any two members of the Coastal Commission. The decision of the Board of Supervisors may be appealed to the Coastal Commission within ten (10) working days of the decision of the Board of Supervisors by the applicant, an aggrieved person, or any two members of the Coastal Commission. Section provides, For developments which are appealable to the Coastal Commission under Section , no appeal fee will be charged. ATTACHMENTS A. Findings B. Exemption C. Conditions of Approval with attached Public Health Department letter (December 14, 2006). D. Site Plan

7 Page A-1 ATTACHMENT A: FINDINGS 1.0 CEQA FINDINGS The proposed project is found to be exempt from environmental review pursuant to Section 15303(d), New Construction or Conversion of Small Structures, of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). The proposed septic system qualifies as a sewage extension as described in Section 15303(d) of CEQA Guidelines. Please see Attachment B, Notice of Exemption. 2.0 ADMINISTRATIVE FINDINGS (Conditional Use Permit with Hearing) Pursuant to Section of the Article II Zoning Ordinance, a Conditional Use Permit application shall only be approved or conditionally approved if all of the following findings are made: 1. That the site for the project is adequate in size, shape, location and physical characteristics to accommodate the type of use and level of development proposed. The proposal is for a drywell septic system. The drywell is proposed to be on slopes that are less than 30% natural grade. EHS has reviewed the drywell proposal and determined that soils are adequate to allow percolation. 2. That adverse environmental impacts are mitigated to the maximum extent feasible. There are no potential environmental impacts associated with the project. 3. That streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use. The proposal is for a septic system and will not generate traffic. 4. That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Adequate services are in place to serve the proposed project. The project site will be served by the Carpinteria Valley Water District, and fire protection will be maintained by the Carpinteria/Summerland Fire District 5. That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding area.

8 Page A-2 The proposal is for a drywell septic system. The proposed drywell is compatible with the surrounding neighborhood and would not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood. 6. That the project is in conformance with the applicable provisions and policies of this Article and the Coastal Land Use Plan. As discussed in Sections 6.2 and 6.3, the proposed project would be consistent with the Comprehensive Plan, including the Coastal Land Use Plan and the Article II zoning requirements. 7. That in designated rural areas the use is compatible with and subordinate to the scenic and rural character of the area. The project site is located within a rural area. The proposal is for a drywell septic system that will be located underground. 8. That the project will not conflict with any easements required for public access through, or public use of the property. The project would not conflict with any easements required for public access through the property as none exist. The lot is private property with no easements through or public use of the property. 9. That the proposed use is not inconsistent with the intent of the zone district. The project site is located within the 3-E-1 zone district. Drywell septic systems are accessory to a residential use and therefore consistent with the intent of the 3-E-1 zone district.

9 Page B-1 ATTACHMENT B: ENVIRONMENTAL DOCUMENT NOTICE OF EXEMPTION TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Jim Heaton, Planner The project or activity identified below is determined to be exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) of 1970, as defined in the State and County Guidelines for the implementation of CEQA. APN(s): Case No.:06CUP Location: Located at 5256 Austin Road, approximately ½ mile from Shepard Lane and approximately 275 feet along a private access easement southwest of Shepard Mesa Drive, 7363 Shepard Mesa Drive, Carpinteria. Project Title: Vincent Septic System Project Description: The proposed Conditional Use Permit is for the construction of a new private septic system in the Shepard Mesa Special Problems Area. No trees and no native vegetation will be removed as part of the project. Access to the site will be taken from a private driveway off of Shepard Mesa Drive. The project site will be served by the Carpinteria Valley Water District, and fire protection will be maintained by the Carpinteria/Summerland Fire District. The property is a 6.29-acre lot zoned 3-E-1 and shown as Assessors Parcel Number , located at 7363 Shepard Mesa Drive in the Carpinteria Area, First Supervisorial District. Name of Public Agency Approving Project: County of Santa Barbara Name of Person or Agency Carrying Out Project: Jim Heaton Exempt Status: (Check one) Ministerial Statutory Exemption X Categorical Exemption Emergency Project Declared Emergency Cite specific CEQA and/or CEQA Guideline Sections: CEQA Exemption 15303(d) [New Construction or Conversion of Small Structures (Water main, sewage, electrical, gas, and other utility extensions )]

10 Page B-2 Reasons to support exemption findings: CEQA Guideline Section 15301(d) exempts: Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The proposed project satisfies this criteria. The sanitary waste of a future single-family dwelling would be handled by the proposed septic system. The project would have no impacts on biological resources as no vegetation would be removed. The proposed development is compatible with the properties in the area. Short-term noise impacts from construction would be confined, per policy, to weekdays between the hours 7:00 a.m. to 4:30 p.m. (see Attachment C, conditions of approval). No new traffic would result from the proposed project. The project is consistent with the requirements of the categorical exemption and does not have the potential to create any significant environmental impacts. Therefore, no further environmental review is required. Lead Agency Contact Person: Dianne Black Phone #: (805) Department/Division Representative: Date: Acceptance Date: Note: A copy of this form must be posted at P&D 6 days prior to a decision on the project. Upon project approval, this form must be filed with the County Clerk of the Board and posted by the Clerk of the Board for a period of 30 days to begin a 35 day statute of limitations on legal challenges. distribution: Hearing Support Staff Project file (when P&D permit is required) Date Filed by County Clerk

11 Page C-1 ATTACHMENT C: CONDITIONS OF APPROVAL Project Name: Vincent Septic System Project Address: 7363 Shepard Mesa Drive, Carpinteria APN: This permit is subject to compliance with the following conditions: 1. This Coastal Development Permit is based upon and limited to compliance with the project description, the Zoning Administrator Hearing Attachment D, dated February 26, 2007 and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the County for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval. The project description is as follows: The proposed Conditional Use Permit is for the construction of a new private septic system in the Shepard Mesa Special Problems Area. No trees and no native vegetation will be removed as part of the project. Access to the site will be taken from a private driveway off of Shepard Mesa Drive. The project site will be served by the Carpinteria Valley Water District, and fire protection will be maintained by the Carpinteria/Summerland Fire District. The property is a 6.29-acre lot zoned 3- E-1 and shown as Assessors Parcel Number , located at 7363 Shepard Mesa Drive in the Carpinteria Area, First Supervisorial District. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of structures, and the protection and preservation of resources shall conform to the project description above and the hearing exhibits and conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the approved hearing exhibits and conditions of approval hereto. All plans (such as Landscape and Tree Protection Plans) must be submitted for review and approval and shall be implemented as approved by the County. 2. An application for a septic system (On-site Sewage Treatment System) permit shall be reviewed and approved by Environmental Health Services prior to issuance of this Conditional Use Permit. 3. Construction activity for site preparation and for future development shall be limited to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday. No construction shall occur on State holidays (e.g., Thanksgiving, Labor Day). Construction equipment maintenance shall be limited to the same hours. Non-noise generating construction activities such as interior painting are not subject to these restrictions. 4. No trees or native vegetation shall be removed as part of the project.

12 Page C-2 5. All applicable final conditions of approval shall be printed in their entirety on applicable pages of grading/construction or building plans submitted to Planning & Development or Building and Safety Division. These shall be graphically illustrated where feasible. 6. Prior to issuance of the Coastal Development Permit, the applicant shall pay all applicable P&D permit processing fees in full. 7. If the Zoning Administrator determines at a noticed public hearing that the permittee is not in compliance with any conditions of this permit pursuant to the provisions of section of Article II of the Santa Barbara County Code, the Zoning Administrator may, in addition to revoking the permit pursuant to said section, amend, alter, delete or add conditions to this permit. 8. The applicant s acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed acceptance of all conditions of this permit by the permittee. a. Any use authorized by this Conditional Use Permit (CUP) shall immediately cease upon expiration or revocation of this CUP. Any Coastal Development Permit issued pursuant to this CUP shall expire upon expiration or revocation of the CUP. CUP renewals must be applied for prior to expiration of the CUP. A CUP shall become null and void and automatically revoked if the use permitted by the CUP is discontinued for more than one year. b. Within one year after the effective date of this permit, construction and/or the use shall commence. Construction or use cannot commence until a Coastal Development Permit has been issued. (One year is measured from expiration of a 10-day appeal period, or the date after the matter is heard and approved on appeal to the Board of Supervisors.) c. All time limits may be extended by the Zoning Administrator for good cause shown, provided a written request, including a statement of reasons for the time limit extension request is filed with the Planning and Development prior to the expiration date. d. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and additional conditions to address changed circumstances or project impacts. 9. The use and/or construction of the structure, authorized by this approval cannot commence until a Coastal Development Permit has been issued. Prior to the issuance of the Coastal Development Permit, all of the project conditions that are required to be satisfied prior to issuance of the Coastal Development Permit must be satisfied. Plans accompanying this Coastal Development Permit shall contain all project conditions. 10. Developer shall defend, indemnify and hold harmless the County or its agents, officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the County s approval of the Coastal Development Permit. In the event that the County fails promptly to notify the applicant of

13 Page C-3 any such claim, action or proceeding, or that the County fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. 11. In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the project sponsors in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the County shall review the entire project and substitute conditions may be imposed. 12. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. G:\GROUP\PERMITTING\CASE FILES\CUP\06 CASES\06CUP VINCENT SEPTIC\SR_ZA 06CUP DOC