SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Ranch Monte Alegre Lot Line Adjustment

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Ranch Monte Alegre Lot Line Adjustment Hearing Date: August 2, 2006 Deputy Director: Steve Chase Staff Report Date: July 21, 2006 Division: Development Review South Case No.: 05LLA Staff Contact: Alex Tuttle Supervising Planner: Anne Almy Environmental Document: CEQA Exempt Phone #: OWNER/APPLICANT: Tad Buchanan RMA Partners VI LLC 1216 State Street, Suite 505 Santa Barbara, CA (805) Project Site AGENT: Mark Lloyd L&P Consultants 3 West Carrillo Street, Suite 205 Santa Barbara, CA (805) This site is identified as Assessor Parcel Numbers , -071, and , located northwest of the terminus of Santa Monica Road in the Carpinteria Area, First Supervisorial District. 1.0 REQUEST Hearing on the request of Mark Lloyd, agent for the owner, RMA Partners VI LLC, to consider Case No. 05LLA in the AG-I-10 zone district of Article II (Coastal Zoning Ordinance) for approval of a Lot Line Adjustment under the provisions of the Santa Barbara County Code Chapter 21, Subdivision Regulations, to adjust the boundaries between three parcels of 0.91, 3.56, and gross acres, resulting in three parcels of 10.00, 9.00, and gross acres, respectively. Application Filed: August 22, 2005 Application Complete: January 6, 2006 Processing Deadline: 60 days from NOE

2 Hearing Date: August 2, 2006 Page RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No. 05LLA marked "Officially Accepted, County of Santa Barbara August 2, 2006 Planning Commission Exhibit 1", based upon the project's consistency with the Comprehensive Plan, including the Coastal Land Use Plan, and based on the ability to make the required findings. Your Commission's motion 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 15305(a). 3. Approve the project subject to the conditions included as Attachment C. Refer back to staff if the Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This project is being considered by the Planning Commission based on Section 21-6(a) of Chapter 2, Subdivision Regulations which states: The Santa Barbara County Planning Commission shall be the decision-maker, except that the Zoning Administrator shall be the decision-maker for the following: Section 21-6(a)(2). Lot Line Adjustments, as defined in State Subdivision Map Act, California Government Code Section 66412(d), and modification of approved lot line adjustments, of parcels located within the Rural Area and Existing Developed Rural Neighborhoods, as designated by the Santa Barbara County Comprehensive Plan, that do not exceed a ten percent increase or decrease in the area of the smallest existing parcel. 4.0 ISSUE SUMMARY The parcels subject to the Lot Line Adjustment are located in the southwest corner of the larger Rancho Monte Alegre. The property has been historically farmed; currently only remnant lemon orchards and open field agriculture (cut flowers) remain. The purpose of the Lot Line Adjustment is to bring the parcels into greater conformity with their zoning designation of AG-I- 10. The existing parcels are 0.91, 3.56, and acres, such that two of the parcels are well below the minimum parcel size of 10 acres for the AG-I-10 zone district. The proposed Lot Line Adjustment would result in two 10-acre parcels and one 9-acre parcel.

3 Hearing Date: August 2, 2006 Page 3 The proposed Lot Line Adjustment serves to enhance parcel size conformity with Article II, with no loss to agricultural viability of this farmland. Included as part of the project is the installation of additional lemon and/or avocado orchards to supplement what currently exists. Each parcel would have at least five acres dedicated to agricultural production, which, as a point of reference, is the minimum amount of agricultural acreage necessary for a property to qualify for the Agricultural Preserve program as a superprime contract. No structural development is included as part of the proposed Lot Line Adjustment with the exception of an irrigation to support the agricultural operation. The project identifies development envelopes for each of the proposed reconfigured parcels. The position of the development envelopes would allow the reconfigured parcels to be managed as a single combined farming operation of approximately 18 acres in size. The remaining areas of the properties outside of the development envelopes are set aside in an agricultural and natural resource conservation easement that has been recorded with the County and permanently dedicated to the Land Trust for Santa Barbara County. Future ranchette development of the parcels would be governed by the easement restrictions, as well as CC&Rs that have also been recorded for the entire Ranch. 5.1 Site Information 5.0 PROJECT INFORMATION 2.1 Site Information Comprehensive Plan Coastal, rural, A-I-10, 10-acre minimum lot size Designation Zoning District, Ordinance Article II, AG-I-10, 10-acre minimum lot size, Flood Hazard Overlay, ESH Overlay Site Size 0.91 acres, 3.56 acres, and acres gross and net Present Use & Development Open field agriculture and orchards Surrounding Uses/Zoning North: Agriculture and Residential, AG-I-20 and AG-I-10 South: Agriculture and Residential, AG-I-10 East: Agriculture, AG-I-10 West: Agriculture, AG-I-20 and AG-I-10 Access Access provided by private road easements off Santa Monica Road Public Services Water Supply Carpinteria Valley Water District Sewage: Septic System Fire: Carpinteria-Summerland Fire Protection District 5.2 Setting The project site is located in the foothills of Carpinteria Valley, at the base of the Santa Ynez Mountain Range. The site comprises relatively consistent topography with moderate downward slopes to the south and southwest. Average slopes on the project site range between 8 and 12%. The site has historically been used for cultivated agriculture, so the majority of the site consists of

4 Hearing Date: August 2, 2006 Page 4 fields and orchards in various states of production. As such, a majority of the site is open with exposed soils. An unnamed drainage runs along the westerly side of the project area, providing riparian habitat with dense trees and other riparian vegetation. Common wildlife species inhabit the project site. No rare, threatened, or endangered species are known to occur on the site. No known archaeological sites exist in the project site, though documented archaeological sites do exist in the general vicinity of these parcels. Soils on the site are primarily quaternary-aged fanglomerate deposits consisting of silt, sands, gravel, cobbles, and boulders. Surrounding land uses consist primarily of agricultural lands and low-density residential development. Until recently, structures on the site consisted primarily of hoop and shade structures supporting the ongoing agricultural operations, however these structures have since been removed. A 3 million gallon underground water storage tank and associated support structures, owned and operated by the Carpinteria Valley Water District, are currently being installed north of the proposed Lot Line Adjustment. An access road to reach the water tank facility is currently being improved along the general footprint of existing ranch roads and would provide access to the lots involved in the Lot Line Adjustment. 5.3 Description The project would reconfigure three lots of 0.91, 3.56, and acres to 10.00, 9.00, and acres for lots 1, 2, and 3, respectively. The parcels are zoned AG-I-10 under the Article II Zoning Ordinance. Development envelopes for the three reconfigured parcels are proposed at 1.25, 1.16, and 1.25 acres for lots 1, 2, and 3, respectively. Building envelopes within the development envelopes are proposed at 0.82, 0.79 and 0.86 acres, respectively. The remainder of the proposed reconfigured parcels would be set aside in agricultural and resource conservation easement areas, access roads and easements, and riparian corridor buffer areas. The applicant proposes to plant 11.5 acres of lemon and/or avocado orchards to supplement the existing 6.5 acres of lemon orchards within the designated agricultural easement areas, as follows: 0.5 acres on proposed Lot 1 to supplement the existing 6.5 acres already in place (including additional trees within the existing orchard to replace lost trees), 6 acres on proposed Lot 2, and 5 acres on proposed Lot 3. The end result would be 18 acres of orchards amongst the three lots. Aside from the irrigation system to support the orchards, no structural development is proposed as part of this project. 5.4 Background Information The current owner acquired the three properties on May 25, APN is a separate legal lot, as evidenced by the Certificate of Compliance (97-CC-81) recorded for the lot on July 8, APN is a separate legal lot, as evidenced by the Certificate of Compliance (04-CC-063) recorded for the lot on May 28, APN is a separate legal lot, as evidenced by the Certificate of Compliance (97-CC-82) recorded for the lot on July 8, Environmental Review 6.0 PROJECT ANALYSIS

5 Hearing Date: August 2, 2006 Page 5 The project is has been determined to be exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15305(a), which states that minor lot line adjustments on average slopes of less than 20% and which do not result in the creation of any new parcel or change in land use or density are categorically exempt from the provisions of CEQA. The subject parcels associated with the proposed Lot Line Adjustment have average slopes of less than 20%. The proposed Lot Line Adjustment would not result in the creation of any new parcels or any net increase in the developability of the parcels; the three existing parcels could be developed in their current form. The underlying zoning and land use designation for the subject parcels would remain the same and the Lot Line Adjustment would, in fact, enhance the conformance of two of the parcels with respect to minimum parcel size relative to their existing condition. By limiting residential development to the development envelopes and preserving most of the remaining land in a permanently dedicated agricultural and natural resource conservation easement, the project would not have the potential to result in a significant environmental effect beyond what could otherwise occur under the existing parcel configuration. As such, the project is exempt from CEQA and no further environmental analysis is required. 6.2 Comprehensive Plan Consistency REQUIREMENT Coastal 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. Coastal Plan Policy 2-11: All development, including agriculture, adjacent to areas designated on the land use plan or resource maps as environmentally sensitive habitat areas, shall be regulated to avoid adverse impacts on habitat resources. Regulatory measures include, but are not limited to, setbacks, buffer zones, grading controls, noise restrictions, maintenance of natural vegetation, and control of runoff. DISCUSSION Consistent: Future residential development on the lots would be accessed by private road and driveway easements off of Santa Monica Road. Water service would be provided by the Carpinteria Valley Water District and sewer service would be provided by private septic systems. Percolation tests conducted on the three reconfigured lots demonstrated that septic systems would operate at acceptable capacities. Consistent: There is a watercourse running along the southwestern edge of the Lot Line Adjustment that is designated as Environmentally Sensitive Habitat on the County s Land Use Plan. The Lot Line Adjustment identifies development envelopes that are well outside of this ESH area in order to ensure that future development does not disturb or impact the ESH corridor. A condition of approval has been included that will provide a 100-foot agricultural buffer from the edge of the riparian vegetation on the subject parcels, including that portion covered by the ESH overlay. This would be applicable

6 Hearing Date: August 2, 2006 Page 6 REQUIREMENT Coastal Plan Policy 3-14: All development shall be designed to fit the site topography, soils, geology, hydrology, and any other existing conditions and be oriented so that grading and other site preparation is kept to an absolute minimum. Natural features, landforms, and native vegetation, such as trees, shall be preserved to the maximum extent feasible. Areas of the site which are not suited for development because of known soil, geologic, flood, erosion or other hazards shall remain in open space. Coastal Plan Policy 3-18: Provisions shall be made to conduct surface water to storm drains or suitable watercourses to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil and surface conditions as a result of development. Water runoff shall be retained on-site whenever possible to facilitate groundwater recharge. Coastal Plan Policy 3-19: Degradation of the water quality of groundwater basins, nearby streams, or wetlands shall not result from development of the site. Pollutants, such as DISCUSSION to all future agricultural activities in order to reduce the likelihood of adverse impacts from active agricultural operations. Consistent: No development is associated with the proposed Lot Line Adjustment. However, the project does identify future development and building envelopes to limit the scope of non-agricultural development on each parcel. The proposed development and building envelopes are located in areas of the parcels where minimal site preparation or ground disturbance would be necessary for future development. An existing hedgerow consisting primarily of non-native vegetation lies within the two southern building envelopes. However, these lack any habitat value or function and are not considered sensitive. Slopes in the areas of the proposed building envelopes average between approximately 8 and 12 percent. Hence, future development would not likely require significant grading. Consistent: Aside from the installation of orchards and an agricultural irrigation system, no structural development is associated with the proposed Lot Line Adjustment. Future development projects would be conditioned to ensure adequate management of surface runoff. As a condition of approval of the Lot Line Adjustment, best management practices, such as the installation of bioswales, vegetated drainage channels, maintenance of vegetation ground cover within the orchards, and proper irrigation techniques, shall be incorporated in the design of the orchards and irrigation system. These measures will minimize erosion and ensure surface runoff is retained on-site or conducted to suitable watercourses or drainages. Consistent: The proposed development envelopes are located away from nearby streams and outside of the ESH and ESH buffer areas located in the southwest corner of

7 Hearing Date: August 2, 2006 Page 7 REQUIREMENT chemicals, fuels, lubricants, raw sewage, and other harmful waste, shall not be discharged into or alongside coastal streams or wetlands either during or after construction. Coastal Plan Policy 8-2: If a parcel is designated for agricultural use and is located in a rural area not contiguous with the urban/rural boundary, conversion to nonagricultural use shall not be permitted unless the conversion of the entire parcel would allow for another priority use under the Coastal Act, e.g., coastal dependent industry, recreation and access, or protection of an environmentally sensitive habitat. Such conversion shall not be in conflict with contiguous agricultural operations in the area, and shall be consistent with Section and of the Coastal Act. Coastal Plan Policy 8-4: As a requirement for approval of any proposed land division of agricultural land designated as Agriculture I or II in the land use plan, the County shall make a finding that the long-term agricultural productivity of the property will not be diminished by the proposed division. DISCUSSION the subject parcels. This distance, in conjunction with proper drainage controls applied to future residential development, will ensure that water quality is not degraded. A condition of approval has been included that will provide a 100-foot agricultural buffer from the edge of the riparian vegetation on the subject parcels, which will help to reduce the likelihood of agricultural chemicals impacting the water quality of nearby streams and creeks. Consistent: The subject parcels included in the Lot Line Adjustment do have an agricultural land use designation and are located within the rural area of the Carpinteria Valley. The proposed Lot Line Adjustment would not result in the conversion of the properties to a non-agricultural use. The parcels could develop single family dwellings presently under their current configuration. The Lot Line Adjustment would not change that allowance, it would simply serve to relocate where such residential development could occur. The project includes the planting of at least 11.5 acres of new lemon and/or avocado orchards to supplement the existing 6.5 acres of lemon orchards already present. Coupled with the permanently dedicated agricultural easement over the majority of the three parcels, this would help to ensure that the parcels remain in agriculture into the future. Consistent: The proposed Lot Line Adjustment does not result in any land division. There is no net increase in the number of developable parcels. The parcels are simply reconfigured to better conform to minimum parcel sizes per County Zoning. Nonetheless, the long-term agricultural productivity of the property will not be diminished. The project includes the planting of at least 11.5 acres of new lemon and/or avocado orchards to supplement the existing 6.5 acres of lemon orchards already present. Coupled with the permanently dedicated

8 Hearing Date: August 2, 2006 Page 8 REQUIREMENT DISCUSSION agricultural easement over the majority of the three parcels, this would help to ensure that the agricultural productivity of the property would not be diminished as a result of the Lot Line Adjustment. 6.3 Ordinance Compliance Of the existing three parcels, only one of them conforms to the minimum parcel size for the AG- I-10 zone district (10 acres) pursuant to Article II, Coastal Zoning Ordinance. The Lot Line Adjustment would result in two of the three parcels meeting the minimum size and the third parcel falling one acre short of the required parcel size. Hence, the Lot Line Adjustment increases the conformance of these parcels with Article II as it relates to minimum parcel size requirements. Since no development currently exists on the properties, no other ordinance requirements are currently applicable. 6.4 Subdivision/Development Review Committee The project was reviewed by the Subdivision/Development Review Committee on September 8, The County Surveyor identified survey discrepancies associated with the exterior parcel boundaries. A condition of approval has been included that will require these to be resolved prior to final recordation of the Lot Line Adjustment. The discrepancies would not result in a notable difference in the key provisions of the proposed Lot Line Adjustment. Environmental Health requested percolation tests and borings for each of the existing parcels to demonstrate their developability. These tests have since been completed and submitted to P&D, satisfactorily demonstrating their septic system suitability. Flood Control requested that a condition of approval be added to the project requiring an informational sheet be recorded with the Lot Line Adjustment that depicts the limits of the flood plain and states that finished floors of all buildings shall be elevated a minimum of two feet above the 100-year flood level. Lastly, the Fire Department suggested that new fire hydrants be installed subject to review and approval as to their capacity and location by the Carpinteria/Summerland Fire Protection District. The issue of fire hydrants would be addressed at the time future development applications for any or all of the lots are submitted for processing by the County. Applicable departmental letters have been attached to the Conditions of Approval (Attachment C) for the project. 7.0 APPEALS PROCEDURE The action of the Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days of said action. ATTACHMENTS

9 Hearing Date: August 2, 2006 Page 9 A. Findings B. CEQA Exemption C. Conditions of Approval with attached Departmental letters D. Lot Line Adjustment

10 Page A CEQA FINDINGS ATTACHMENT A: FINDINGS Find that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15305(a). A more detailed discussion of the exemption is provided in Attachment B to this staff report. 2.0 ADMINISTRATIVE FINDINGS Pursuant to Article II, Section and Chapter 21, Section 21-93, a Lot Line Adjustment application shall only be approved provided the following Findings are made: 2.1 The Lot Line Adjustment is in conformity with the County General Plan and purposes and policies of Chapter 35 of this code, the Zoning Ordinance of the County of Santa Barbara. The Lot Line Adjustment is in conformity with the County General Plan and Article II Zoning Ordinance, as discussed in greater details in sections 6.2 and 6.3 of this staff report, and incorporated herein by reference. The Lot Line Adjustment will result in two parcels that meet the minimum parcel size and one parcel which does not. However, as discussed in Finding 2.3 below, the project is still in conformity with the Zoning Ordinance as it does not increase the number of developable parcels. Therefore, this finding can be made. 2.2 No parcel involved in the Lot Line Adjustment that conforms to the minimum parcel size of the zone district in which it is located shall become nonconforming as to parcel size as a result of the Lot Line Adjustment. The three existing parcels are 0.91, 3.56, and acres, respectively. The Lot Line Adjustment would reconfigure the parcels such that two of the parcels would become conforming as to minimum parcel size. No parcel which is currently conforming as to parcel size would become nonconforming as a result of the Lot Line Adjustment. Therefore, this finding can be made. 2.3 Except as provided herein, all parcels resulting from the Lot Line Adjustment shall meet the minimum parcel size requirement of the zone district in which the parcel is located. A Lot Line Adjustment may be approved that results in nonconforming (as to size) parcels provided that it complies with subsection 2.3.1: The Lot Line Adjustment satisfies all of the following requirements: i. Four or fewer existing parcels are involved in the adjustment; and, ii. The Lot Line Adjustment shall not result in increased subdivision potential for any affected parcel; and,

11 Page A-2 iii. The Lot Line Adjustment shall not result in a greater number of residential developable parcels than existed prior to the adjustment. For the purposes of this subsection only, a parcel shall not be deemed residentially developable if the documents reflecting its approval and/or creation identify that: 1) the parcel is not a building site, or 2) the parcel is designated for a non-residential purpose including, but not limited to, well sites, reservoirs and roads. A parcel shall be deemed residentially developable for the purposes of this subsection if it has an existing single family dwelling constructed pursuant to a valid County permit. Otherwise, to be deemed a residentially developable parcel for the purposes of this subsection only, existing and proposed parcels shall satisfy all of the following criteria as set forth in the County Comprehensive Plan and zoning and building ordinances: 1. Water Supply: The parcel shall have adequate water resources to serve the estimated interior and exterior needs for residential development as follows: 1) a letter of service from the appropriate district or company shall document that adequate water service is available to the parcel and that such service is in compliance with the Company s Domestic Water Supply Permit; or 2) a County approved onsite or offsite well or shared water system serving the parcel that meets the applicable water well requirements of the County Environmental Health Services. 2. Sewage Disposal: The parcel is served by a public sewer system and a letter of available service can be obtained from the appropriate public sewer district. A parcel to be served by a private sewage disposal (septic) system shall meet all applicable County requirements for permitting and installation, including percolation tests, as determined by Environmental Health Services. 3. Access: The parcel is currently served by an existing private road meeting applicable fire agency roadway standards that connects to a public road or right-of-way easement, or can establish legal access to a public road or right-of-way easement meeting applicable fire agency roadway standards. 4. Slope Stability: Development of the parcel including infrastructure avoids slopes of thirty (30) percent and greater. 5. Agriculture Viability: Development of the parcel shall not threaten or impair agricultural viability on productive agriculture lands within or adjacent to the property. 6. Environmental Sensitive Habitat: Development of the parcel avoids or minimizes impacts where appropriate to environmentally sensitive

12 Page A-3 habitat and buffer areas, and riparian corridor and buffer areas. 7. Hazards: Development of the parcel shall not result in a hazard to life and property. Potential hazards include, but are not limited to flood, geologic and fire. 8. Consistency with the Comprehensive Plan and zoning ordinances: Development of the parcel is consistent with the setback, lot coverage and parking requirements of the zoning ordinance and consistent with the Comprehensive Plan and the public health, safety and welfare of the community. The Lot Line Adjustment results in one parcel that does not meet the minimum parcel size for the zone district (10 acres). However, the Lot Line Adjustment is consistent with the findings identified in above: it consists of three existing parcels; it does not increase the subdivision potential for any of the affected parcels; and it does not increase the number of residentially developable parcels relative to what exists currently. The existing parcels are currently undeveloped but have the capacity in terms of water supply, sewer service, access, and physical properties to support residential development. The existing 0.91-acre parcel is constrained in terms of existing vegetation and ESH buffer area. Nonetheless, there is sufficient area on the site to support a single family residence. Therefore, this finding can be made. 2.4 The Lot Line Adjustment will not increase any violation of parcel width setback, lot coverage, parking or other similar requirement of the applicable zone district or make an existing violation more onerous. The Lot Line Adjustment would not increase any violation of any requirement of the AG-I- 10 zone district. With the exception of minimum parcel size, neither the current parcels nor the proposed parcels are inconsistent with any zoning requirement. Future development will be conditioned to ensure that all zoning requirements such as setbacks, lot coverage, and parking are met. Therefore, this finding can be made. 2.5 The subject properties are in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks and any other applicable provisions of this Article or the Lot Line Adjustment has been conditioned to require compliance with such rules and regulations and such zoning violation fees imposed pursuant to applicable law have been paid. This finding shall not be interpreted to impose new requirements on legal non-conforming uses and structures under the respective County Ordinances: Article II (Section and ). The subject properties are in compliance with all laws, rules and regulations of Article II. No violations exist. Therefore, this finding can be made.

13 Page A Conditions have been imposed to facilitate the relocation of existing utilities, infrastructure and easements. No existing infrastructure, utilities, or easements need to be relocated as a result of the Lot Line Adjustment. There is currently no development on the existing parcels, and no development is proposed as part of the project. The Lot Line Adjustment does identify easements for the three reconfigured parcels to provide access and utilities to each of the parcels. Therefore, this finding can be made.

14 Page B-1 ATTACHMENT B: NOTICE OF EXEMPTION TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Alex Tuttle, Santa Barbara County Planning and Development 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): , , -073 Case No.: 05LLA Location: Northwest of Santa Monica Road and Foothill Road intersection, Carpinteria Area Project Title: Rancho Monte Alegre Lot Line Adjustment Project Description: The project proposes to reconfigure three lots of 0.91, 3.56, and acres to 10.00, 9.00, and acres for lots 1, 2, and 3, respectively. The parcels are zoned AG-I-10 under Article II Zoning Ordinance. Development envelopes for the three reconfigured parcels are proposed at 1.25, 1.16, and 1.25 acres for lots 1, 2, and 3, respectively. Building envelopes within the development envelopes are proposed at 0.82, 0.79 and 0.86 acres, respectively. The remainder of the proposed reconfigured parcels would be set aside in agricultural and resource conservation easement areas, access roads and easements, and riparian corridor buffer areas. The applicant proposes to plant 11.5 acres of lemon and/or avocado orchards to supplement the existing 6.5 acres of lemon orchards within the designated agricultural easement areas, as follows: 0.5 acres on proposed Lot 1 to supplement the existing 6.5 acres already in place (including additional trees within the existing orchard to replace lost trees), 6 acres on proposed Lot 2, and 5 acres on proposed Lot 3. The end result would be 18 acres of orchards amongst the three lots. Aside from the irrigation system to support the orchards, no structural development is proposed as part of this project. Name of Public Agency Approving Project: County of Santa Barbara Name of Person or Agency Carrying Out Project: Mark Lloyd, agent for RMA Partners VI LLC Exempt Status: (Check one) Ministerial Statutory Exemption X Categorical Exemption Emergency Project Declared Emergency Cite specific CEQA and/or CEQA Guideline Section: CEQA Guidelines Section 15305(a) [Minor Alterations in Land Use Limitations] Reasons to support exemption findings (attach additional material, if necessary): Pursuant to CEQA Guidelines Section 15305(a), projects that involve minor alterations in land use limitations in areas with an average slope of less than 20% and which do not result in a changed land use or density, specifically including lot line adjustments, are exempt from the provisions of CEQA. The

15 Page B-2 subject parcels associated with the proposed Lot Line Adjustment have average slopes of less than 20%. The proposed Lot Line Adjustment does not result in the creation of any new parcels or any net increase in the developability of the parcels, the three existing parcels could be developed in their current form. The underlying zoning and land use designation for the subject parcels would remain the same and the Lot Line Adjustment would, in fact, enhance the conformance of two of the parcels with respect to parcel size relative to their existing condition. By limiting residential development to the development envelopes and preserving most of the remaining land in a permanently dedicated agricultural and natural resource conservation easement, the project would not have the potential to result in a significant environmental effect beyond what could otherwise occur under the existing parcel configuration. As such, the project is exempt from CEQA and no further environmental analysis is required. Lead Agency Contact Person: Alex Tuttle 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

16 Page C-1 ATTACHMENT C: CONDITIONS OF APPROVAL 1. Approval of Lot Line Adjustment 05LLA is based upon and limited to compliance with the project description, Planning Commission Staff Report dated xx and conditions of approval set forth below. Any deviations from the project description or the conditions must be reviewed and approved by the Planning and Development Department for conformity with this approval. Deviations from the project description or conditions of approval may require a modification to project conditions and further environmental review. The project description is as follows: The project proposes to reconfigure three lots of 0.91, 3.56, and acres to 10.00, 9.00, and acres for lots 1, 2, and 3, respectively. The parcels are zoned AG-I- 10 under Article II Zoning Ordinance. Development envelopes for the three reconfigured parcels are proposed at 1.25, 1.16, and 1.25 acres for lots 1, 2, and 3, respectively. Building envelopes within the development envelopes are proposed at 0.82, 0.79 and 0.86 acres, respectively. The remainder of the proposed reconfigured parcels would be set aside in agricultural and resource conservation easement areas, access roads and easements, and riparian corridor buffer areas. The applicant proposes to plant 11.5 acres of lemon and/or avocado orchards to supplement the existing 6.5 acres of lemon orchards within the designated agricultural easement areas, as follows: 0.5 acres on proposed Lot 1 to supplement the existing 6.5 acres already in place (including additional trees within the existing orchard to replace lost trees), 6 acres on proposed Lot 2, and 5 acres on proposed Lot 3. The end result would be 18 acres of orchards amongst the three lots. Aside from the irrigation system to support the orchards, no structural development is proposed as part of this project. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of structures, parking areas and landscape areas, and the protection and preservation of resources shall conform to the project description above and the conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the conditions of approval hereto. 2. The applicant shall comply with the conditions identified in the following departmental condition letters: a. County Surveyor s Office, dated September 6, 2005 b. County Flood Control, dated August 30, Prior to filing the documents used to record the Lot Line Adjustment, the applicant shall pay all applicable P&D permit processing fees in full. 4. Two copies of the documents used to record the Lot Line Adjustment and required review fees in effect at the time shall be submitted to Planning and Development (P&D)

17 Page C-2 for compliance review of P&D conditions before P&D will issue final clearance to the County Surveyor. 5. Lot Line Adjustment 05LLA shall expire three years after approval or conditional approval by the final decision-maker unless otherwise provided in the Subdivision Map Act, Government Code Prior to filing the documents used to record the Lot Line Adjustment, the applicant shall include all of the mitigation measures, conditions, agreements and specific plans associated with or required by this project approval on a separate informational sheet to be recorded with the Lot Line Adjustment. All applicable conditions and mitigation measures of the project shall be printed on grading and/or building plans and shall be graphically illustrated where feasible. If Coastal Development Permits are obtained prior to recordation, Lot Line Adjustment conditions will not apply retroactively to the previously issued Land Use Permit. For any subsequent development on any parcels created by the project, each set of plans accompanying a Coastal Development Permit shall contain these conditions. 7. The following language shall be included on the deeds arising from the Lot Line Adjustment: This deed arises from the Lot Line Adjustment 05LLA and defines a single parcel within the meaning of California Civil Code Section Any document used to record the Lot Line Adjustment shall include a statement that the document arises from a Lot Line Adjustment that is intended to identify the number of remaining legal parcels. 8. Two performance securities shall be provided by the applicant prior to filing the documents used to record the Lot Line Adjustment, one equal to the value of installation of all items listed in section (a) below (labor and materials) and one equal to the value of maintenance and/or replacement of the items listed in section (a) for three years of maintenance of the items. The amounts shall be agreed to by P&D. Changes to the approved agricultural planting plan may require a substantial conformity determination or an approved change to the plan. The installation security shall be released upon satisfactory installation of all items in section (a). If plants and irrigation (and/or any items listed in section (a) below) have been established and maintained, P&D may release the maintenance security three years after installation. If, at the end of two years after installation, the applicant demonstrates successful maintenance of the orchard to the satisfaction of Planning and Development, the maintenance security may be released. If such maintenance has not occurred within the first three years, the plants or improvements shall be replaced and the security held for another year. If the applicant fails to either install or maintain according to the approved plan, P&D may collect security and complete work on property. The installation security shall guarantee compliance with the provision below:

18 Page C-3 a. Installation of 11.5 acres of lemon and/or avocado orchards at an average density of 100 trees per acre, as follows: 0.5 acres on Lot 1, 6 acres on Lot 2, and 5 acres on Lot 3. The existing 6.5 acres of lemon orchards shall be supplemented with additional trees to achieve the density stated above. An irrigation system shall be installed to support the lemon/avocado orchards. Installation of the irrigation system and planting of the trees shall occur within 18 months from the date of approval of the Lot Line Adjustment. Plan Requirements and Timing: The applicant shall submit a site plan to P&D identifying the location and extent of the orchard plantings and design for the irrigation system. Plans shall be reviewed and approved by P&D for consistency with this condition of approval prior to installation. MONITORING: P&D shall inspect plantings and improvements for compliance with approved plans prior to authorizing release of both installation and maintenance securities. 9. There shall be a minimum 100-foot buffer between the edge of the Environmentally Sensitive Habitat, as well as all other riparian corridors on-site, and the planted orchards. Best management practices such as the installation of bioswales, vegetated drainage channels and filter strips, maintenance of vegetation ground cover within the orchards, and proper irrigation and chemical application techniques, shall be incorporated into the design and operation of the orchards and irrigation system. These measures shall have the goal of minimizing erosion and ensuring surface runoff is retained on-site or conducted to suitable watercourses or drainages, as well as ensuring that agricultural chemicals are not transported into adjacent streams and creeks. Plan Requirements and Timing: The applicant shall submit a site plan to P&D identifying the location and extent of the orchard plantings and design for the irrigation system. Plans shall include slope and grading information, if applicable, and identify measures proposed to address surface runoff and drainage, minimize erosion, and ensure that agricultural chemicals are not transported to adjacent waterways. Plans shall be reviewed and approved by P&D for consistency with this condition of approval prior to installation of the orchard and irrigation system. MONITORING: P&D shall site inspect to verify conformance with the approved plans. 10. A Record of Survey shall be submitted, processed, and recorded concurrently with the other documents used to record the Lot Line Adjustment in order to resolve the discrepancies in exterior parcel boundaries identified by the County Surveyor s Office. A map shall be submitted to P&D that reflects the Record of Survey for compliance review of P&D conditions before P&D will issue final clearance to the County Surveyor. 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

19 Page C-4 threatened to be filed therein which action is brought in the time period provided for in section , 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 entire project shall be reviewed by the Montecito Planning Commission and no approval shall be issued unless substitute feasible mitigation conditions/measures are imposed. 12. 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 05LLA In the event that the County fails promptly to notify the applicant of 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. F:\GROUP\DEV_REV\WP\PROTOS\SR_PC.DOCG:\GROUP\PERMITTING\CASE FILES\LLA\05 CASES\05LLA RMA\RMA SR_PC.DOC