1. Adopted the required findings for the project specified in Attachment A of the staff report dated February 6, 2004, including CEQA findings;

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1 February 19, 2004 Joan L. Jamieson P.O. Box 741 ZONING ADMINISTRATOR Solvang, CA HEARING OF FEBRUARY 17, 2004 RE: Eubanks Lot Line Adjustment, 03LLA Hearing on the request of Joan Jamieson, agent for the applicants, to consider Case No. 03LLA [application filed on November 24, 2003] for approval of a Lot Line Adjustment under the provisions of County Code Chapter 21, to adjust lines between three parcels of acres (Parcel 1), 15 acres (Parcel 2) and acres (Parcel 3) to create three parcels of acres (Reconfigured Parcel 1), acres (Reconfigured Parcel 2) and acres (Reconfigured Parcel 3) in the AG-I-10 and AG-I-20 Zone Districts under Article III; and to accept the Exemption pursuant to Section of the State Guidelines for Implementation of the California Environmental Quality Act. The property is identified as AP Nos , -009 and -010, located at 3617 and 3631 Roblar Avenue and 2555 Montecielo Road in the Santa Ynez area, Third Supervisorial District. Dear Ms. Jamieson: At the regular hearing of the Santa Barbara County Zoning Administrator on February 17, 2004, Case No. 03LLA marked Officially Accepted, County of Santa Barbara February 17, 2004, Zoning Administrator Exhibit #1 was conditionally approved, based upon the project s consistency with the Comprehensive Plan and based on the ability to make the required findings. The Zoning Administrator also took the following action: 1. Adopted the required findings for the project specified in Attachment A of the staff report dated February 6, 2004, including CEQA findings; 2. Accepted the exemption, included as Attachment B of the staff report dated February 6, 2004, pursuant to CEQA Section 15305; and 3. Approved the project subject to the conditions included as Attachment C of the staff report dated February 6, The Findings and the Conditions of Approval reflect the action of the Zoning Administrator and are included in this letter as Attachment A and Attachment C. Procedure: Article III provides that the applicant or any property owner to whom notice of the Zoning Administrator hearing was required to be given, within ten (10) days after the Zoning Administrator Action, may appeal said action to the Board of Supervisors.

2 Zoning Administrator Hearing of February 17, 2004 Eubanks Lot Line Adjustment, 03LLA Page 2 If this decision is appealed, a filing fee for non-applicant appeals is $435; for applicant appeals the fee is $2,000 and must be delivered to the Clerk of the Board at 105 East Anapamu Street, Room 407, Santa Barbara, California. Public appeal period expires on Friday, February 27, 2004 at 5:00 P.M. If your project is approved, your right to adjust the property boundaries of the affected parcels is subject to compliance with the various departmental conditions. It is the responsibility of the applicant to take the necessary steps to satisfy all of the conditions. Prior to final approval and recordation, a lot line adjustment may require prepayment of real property taxes pursuant to Government Code The Zoning Administrator approval with appropriate conditions as may be required under Chapter 21 shall authorize the County Surveyor to file for record an appropriate map, record of survey, or other documents reflecting the lot line adjustment approved. Prior to final approval and recordation, a lot line adjustment may require prepayment of real property taxes pursuant to Government Code When the County Surveyor is satisfied that the documents, maps or records of survey that are to be recorded to complete the lot line adjustment are technically correct, conform to the approval by the Zoning Administrator, comply with all applicable laws and regulations, and that all agreements and securities have been provided, the County Surveyor shall note his certificate on the face of the documents, maps, or record of survey to indicate that the document appears to be in conformity with the provisions of Chapter 21 and shall transmit the same to the County Recorder for filing for record. All conveyances necessary to effect the lot line adjustment shall be deposited with the County Surveyor for recording concurrently with the certificates as provided in Chapter 21. A certificate, signed and acknowledged by all parties having any record title interest in the real property adjusted, consenting to the preparation and recordation of the lot line adjustment, is required. An approved lot line adjustment may be filed for record concurrently with and/or shown on an otherwise approved final map, reversion to acreage, voluntary merger, map, plat or other filing for record, and may, upon approval by the County Surveyor be evidenced without a map, by a clear declaration of action or deed recorded with the County Recorder. A lot line adjustment, as defined herein, which has been approved in accordance with appropriate procedures as a subdivision map, parcel map or map of vacation-revision to acreage, may be filed for record as a lot line adjustment in a manner consistent with the provisions of Chapter 21. A lot line adjustment and all conveyances necessary to bring it into effect shall be recorded within thirty-six (36) months of approval unless a time extension totaling no more than three years is granted by the Zoning Administrator before the expiration date. An application is filed along with the required filing fee with the Planning and Development Department. Sincerely, STEVEN L. DECAMP Zoning Administrator

3 Zoning Administrator Hearing of February 17, 2004 Eubanks Lot Line Adjustment, 03LLA Page 3 xc: Case File: 03LLA Hearing Support Zoning Administrator File Petra Leyva Lisa Martin, Planning Technician Owner: Robert Eubanks, 3617 Roblar Avenue, Santa Ynez, CA Owner: Trace D & Susie R. Eubanks, 3631 Roblar Avenue, Santa Ynez, CA Owner: Gregory Simon, 3623 Roblar Avenue, Santa Ynez, CA Address File: 3617 & 3631 Roblar Avenue and 2555 Montecielo Road, Santa Ynez, CA Flood Control District County Fire Department Public Works, Transportation Division Parks Department Environmental Health Services Jon McKellar, County Surveyor s Office Supervisor Marshall, Third District Lilly Okamura, Planner Attachments: Attachment A Findings Attachment C Conditions of Approval SD:erb G:\GROUP\PERMITTING\CASE FILES\LLA\03 CASES\03LLA \ ZA_ACTIONLETTER.DOC

4 ATTACHMENT A: FINDINGS 1.0 CEQA FINDINGS Accept the exemption for this project pursuant to CEQA Guidelines Section 15305, land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments. Based on the discussion in Section 5.1 of this staff report dated February 6, 2004, there is no possibility that the project could have a significant effect on the environment. 2.0 ADMINISTRATIVE FINDINGS LOT LINE ADJUSTMENT FINDINGS Pursuant to Article III, 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 parcels, as currently configured, were created by TPM 14,001, which was approved on December 14, The lot line adjustment will be consistent with all applicable Land Use Development Policies and all applicable requirements of the Zoning Ordinance. (See discussions in Sections 5.2 and 5.3 of this Staff Report, dated February 6, 2004). Therefore, consistency with 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 project proposes to adjust the lines between three (3) parcels of acres (Parcel 1), 15 acres (Parcel 2), and acres (Parcel 3) to reconfigure into three parcels of acres (Reconfigured Parcel 1), acres (Reconfigured Parcel 2), and acres, (Reconfigured Parcel 3). With the relocation of the common boundary line, all three parcels conform as to size and will remain so after the lot line adjustment. Parcel 1 is bisected by a zone district boundary line, and is consequently in the AG-I-10 and AG-I-20 zone districts. Proposed parcel 1, at acres, will meet the minimum parcel size requirement. Parcels 2 and 3 are located in the AG-I-10 zone district, with a minimum parcel size of 10 acres. No parcel involved in the Lot Line Adjustment will become nonconforming as to parcel size as a result of the Lot Line Adjustment. Therefore, the proposed project is consistent with this finding. 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 a or b listed below: a. The Lot Line Adjustment satisfies all of the following requirements: i. Four or fewer existing parcels are involved in the adjustment; Three parcels are involved in the Lot Line Adjustment. Therefore, the proposed project is consistent with this finding.

5 Eubanks Lot Line Adjustment, 03LLA Attachment A - Findings Page A-2 ii. The Lot Line Adjustment shall not result in increased subdivision potential for any affected parcel; and, Due to the minimum parcel size requirements for the AG-I-10 and AG-I-20 zone districts, the parcels do not have to potential to be subdivided. 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. Currently, two of the three parcels involved in the lot line adjustment are developed with residences and accessory structures. The third parcel does not contain a residence but is developable. The lot line adjustment would transfer approximately 40% of the area designated as the potential building area on parcel 3 to parcel 1 and 2, decreasing the buildable area on the parcel. Therefore, the project would not result in an increase in developable parcels. b. The parcels involved in the adjustment are within the boundaries of an Official Map for the Naples Townsite adopted by the County pursuant to Government Code Section et seq. and the subject of an approved development agreement certified by the California Coastal Commission as an amendment to the Santa Barbara County Local Coastal Program that sets forth the standards of approval to be applied to Lot Line Adjustments of existing adjacent parcels within the boundaries of the Naples Townsite Official Map. This exception provision shall expire 5 years after its effective date [Board Clerk to insert upon publication] unless otherwise extended pursuant to a certified amendment to the Santa Barbara County Local Coastal Program. The parcels involved are located in the Santa Ynez Valley and not within the boundaries of an Official Map for the Naples Townsite. Therefore, this finding is not applicable. 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 proposed lot line adjustment will not increase any violation of parcel setbacks. All of the existing structures will remain in conformance with all applicable setback requirements as discussed in section 5.3 of this staff report. Therefore, the proposed project is consistent with this finding. 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 III (Section and ).

6 Eubanks Lot Line Adjustment, 03LLA Attachment A - Findings Page A-3 All three of the parcels are in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks, and any other applicable provisions of Article III and Lot Line Adjustments as discussed in section 5.3 of this staff report. No current zoning violations exist on any of the existing parcels. Therefore, the proposed project is consistent with this finding. 2.6 Conditions have been imposed to facilitate the relocation of existing utilities, infrastructure and easements. No existing utilities, infrastructure and easements would need to be relocated to accommodate the proposed Lot Line Adjustment. Therefore the proposed project is consistent with this finding. 2.7 A Lot Line Adjustment proposed on agricultural zoned parcels which are under Agricultural Preserve Contract pursuant to the County Agricultural Preserve Program Uniform Rules shall only be approved provided the following findings are made: The subject parcels are not under Agricultural Preserve Contract. Therefore, this finding is not applicable.

7 PROJECT DESCRIPTION ATTACHMENT C: CONDITIONS OF APPROVAL I. This Lot Line Adjustment is based upon and limited to compliance with the project description, the hearing exhibit marked Exhibit 1, dated February 6, 2004, 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. 1. The project description is as follows: The project proposes to adjust the lines between three (3) parcels of acres (Parcel 1), 15 acres (Parcel 2), and acres (Parcel 3) to reconfigure into three parcels of acres (Reconfigured Parcel 1), acres (Reconfigured Parcel 2), and acres, (Reconfigured Parcel 3). Access to reconfigured parcels 1 and 2 would be via Roblar Avenue to Pepper Tree Ranch Road, a private road. Access to parcel 3 would be via Roblar Ave. to Long Canyon Road to Montecielo Road. Two existing wells located on parcels 1 and 2 would continue to supply domestic water to those parcels. The water well on parcel 2 would serve the proposed reconfigured parcel 3 through a shared water agreement. Sanitary services for existing development on parcels 1 and 2 would be unchanged and continue to be served by existing private septic systems. Presently, there is no need for a sanitary system on parcel 3 because there are no structures on this portion of the property. 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 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. II. Mitigation Measures None III. Project Specific Conditions 2. All future residential development on proposed parcel 3 (APN ) shall be contained within the designated building envelope as shown on the recorded map approved under TPM 14, Prior to record of survey, the building envelopes approved under TPM 14,001 shall be indicated on the site plan. 4. Compliance with Departmental Letters: a. Flood Control District letter dated December 24, 2003 (no conditions). b. Fire Department letter dated December 1, 2003 (no conditions). c. Public Works, Transportation Division letter dated February 3, 2004 (no conditions). d. Parks Department letter dated January 23, 2004 (no conditions). e. Environmental Health Services letter dated February 2, 2004.

8 Eubanks Lot Line Adjustment, 03LLA Attachment C Conditions of Approval Page C-2 IV. Standard Conditions for Lot Line Adjustments 5. Two copies of the document that will be recorded to effectuate the lot line adjustment and any required review fees in effect at the time, shall be submitted to Planning and Development (P&D) for compliance review of P&D conditions before P&D will issue clearance for recordation to the County Surveyor. V. County Rules and Regulations/Legal Requirements 6. Prior to recordation, the applicant shall pay all applicable P & D permit processing fees in full. 7. 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 Lot Line Adjustment. 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. 8. 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 entire project shall be reviewed by the County and substitute conditions may be imposed. cc: Owner: Robert Eubanks, 3617 Roblar Ave., Santa Ynez, CA Trace D & Susie R. Eubanks, 3631 Roblar Ave., Santa Ynez, CA Gregory Simon, 3623 Roblar Ave., Santa Ynez, CA Agent: Joan L. Jamieson, P.O. Box 741, Solvang, CA Claude Garciacelay, Parks Department Paul Jenzen, Environmental Health Services Maynard Yeaw, County Fire Dale Weber, Flood Control Will Robertson, Public Works Michael Emmons, Surveyor s Office Minute Book (original copy) Case File: 03LLA Permanent File County Chief Appraiser (Conditional Use Permit) Planner: L. Okamura

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