COUNTY OF SANTA BARBARA PLANNING AND DEVELOPMENT MEMORANDUM. Dianne Meester, Assistant Director On Behalf of Bob Meghreblian and Jack Boysen

Transcription

1 COUNTY OF SANTA BARBARA PLANNING AND DEVELOPMENT MEMORANDUM TO: FROM: County Planning Commission Dianne Meester, Assistant Director On Behalf of Bob Meghreblian and Jack Boysen DATE: April 19, 2006 RE: Government Code Sections and Ordinance Amendment (04ORD ) Staff Contact: Larry Appel, Recommendation: Recommend to the Board of Supervisors adoption of the attached ordinance providing the Director of Planning and Development to act as the planning agency as it relates to certain conformity determinations pursuant to Government Code Sections and and exempting certain minor public works projects from such determinations by amending Santa Barbara County Code, Chapter 35, Article V, Chapter 2- Sections 2-25 and Background: Sections and of the Government Code require that a determination of conformity with the General Plan be made by a designated planning agency prior to commencement of a public project. Specifically, requires the planning agency to report within 40 days from submittal as to the conformity with the general plan of city, county, or local agency acquisitions, dispositions, including vacations and abandonments, of real property or construction or authorization of construction of public buildings or structures within the unincorporated areas of the County. Whether or not the conformity determination is given, the agency responsible for the project (e.g., Public Works, Goleta Sanitary District, and Montecito Fire District) may still proceed with the project although disapproval by the planning agency requires a local agency to overrule the disapproval. The determination is not a deliberation of whether or not the project should proceed on its merits. Although the project may be found not in conformity, no conditions or modifications can be added by the planning agency. Section requires the official agency of the county, as may be designated by the Board of Supervisors, to prepare a coordinated program of proposed major public works, including those of the county, city, special districts or school districts within county jurisdiction, for the upcoming fiscal year. This program must be submitted to the planning agency for a report as to

2 County Planning Commission Ordinance Amendment (04ORD-00024) May 3, 2006 Page 2 conformity with the general plan. The County Planning Commission reviews the Capital Improvement Program each year to determine conformity with the General Plan pursuant to GC This year, the Planning Commission will also be requested to make GC consistency determinations for projects within the CIP. Staff presented the draft ordinance to the Montecito Planning Commission on April 19, Two changes were made to the draft ordinance since it was last seen by your commission. The changes were described to the MPC and a discussion followed. Those changes are described in the Discussion section below. The MPC supported the changes. One other change that was made to the ordinance after the Commission hearing was in Section 2-25.c where the Director of Public Works was to have been able to determine that certain requests for road easements, widenings, and abandonments would not require a report. Based on general concerns by the MPC that certain decisions might be made without input from the Commission, staff revised the text to require the Director of P&D to make the decision on the minor cases. Staff felt that it would not be appropriate for a department to be in a position to grant itself exemptions from the ordinance. Rather than require no report as the former text suggested, P&D will request a simple memo from Public Works on those road projects that are deemed minor in nature. That will ensure a paper trail is established with an affirming signature from P&D that the request clearly fits the minor nature category. A written procedure will be established so each department will understand their respective roles in processing the requests and exemptions, should the ordinance be adopted by the Board. Discussion: Early last year staff went before the Board, your Commission and the Montecito Planning Commission with recommendations to streamline the Government Code and process. Staff presented a summary of the 40-day process along with examples of types of cases that had been brought to the Commission. We also provided draft text for an amendment of the County Code that would allow the Director of P&D to act as the planning agency to consider a variety of and requests by County departments and outside agencies. As you may recall, after taking the amendments to the two Commissions and Board, it was decided to table the item until the Commissions could have more time to consider the proposed amendments. During the intervening time, a subcommittee of the Montecito and County Planning Commissions was formed to review additional research and concepts and make a recommendation to both commissions. The subcommittee recommended the draft ordinance be revised to include a purpose statement and also a requirement that the Director report back to the commission at the earliest possible hearing when a determination has been made at the Director level. The draft ordinance with the recent revisions is contained in Attachment A. Staff conducted a survey of other local county and city agencies to see how they process these requests for consistency. The survey showed that most agencies handle consistency requests

3 County Planning Commission Ordinance Amendment (04ORD-00024) May 3, 2006 Page 3 either at a staff level, or with minimal reporting to a hearing body. The results of the survey are found in Attachment B. Under the revised ordinance, no report would be necessary for certain acquisitions and vacations of roadway easements. These requests make up about one third of the reports each year. The Director would be responsible for reviewing and reporting on requests for minor construction projects in the county. In the past these would have included modular office expansions for various departments, classrooms at various detention facilities, improvements at County parks, etc. The Commissions would still be asked to report on requests for more significant construction such as large water storage facilities for water agencies throughout the county, reservoir improvements, acquisition of large blocks of land, large County construction projects, landfill expansions, roadway extensions, etc. In addition to surveying the local agencies, staff researched a five year history of 65401&2 requests through the County. The results of the research are presented in Attachment C. Each year is presented on a separate page. Each request has a short description along with the general location. All decisions were made by a planning commission except for those noted where they were handled at a staff level or by a deputy director. If there is an underlined case number to the left of the description, then staff is recommending that under the revised ordinance amendment, it would still be considered by one of the planning commissions. Since the Montecito Planning Commission was formed in 2003, only one request has been heard within their jurisdiction. A summary on the last page shows that there were 57 total requests considered where 49 were heard by a commission and eight by staff or deputy director. Under the revised ordinance, 25 would still be considered by a commission, 12 would be considered by the Director and 20 would be exempt from the process. Once staff has received recommendations from both commissions, then the draft ordinance will return to the Board of Supervisors for consideration. The ordinance would go into effect 30 days after final action by the Board. Attachments: A. Draft Ordinance B. Summary of Other agency Procedures C. Five-Year Summary of Requests G:\GROUP\Permitting\Case Files\Oa\2000s\04 cases\04ord GC 65401&2 Process\PCMemo doc

4 Attachment B Summary of Other agency Procedures San Luis Obispo County - All requests are handled at a staff level. The staff then briefs the Commission of their decision as an informational item at their hearing. Ventura County - All requests are handled at a staff level. Staff prepares a memo back to the requesting departments. City of Santa Barbara - All requests are handled at a staff level without involvement by the Director or the Commission. City of Lompoc A staff-level memo is prepared if the recommendation is for consistency. A memo is prepared for consideration by the Commission if staff is not recommending consistency. City of Santa Maria - A one page memo is prepared for consideration by the Commission on consent. City of Buellton - A one page memo is prepared for consideration by the Commission on consent. City of Solvang - A short staff report is prepared for the Commission on consent. Only one has been processed in the last two years. City of Goleta - A memo is prepared for consideration by the City Council. No procedures have been established as the town is still fairly young. Only one has gone to Council since incorporation. Carpinteria - A minor staff report is prepared for consideration by Commission. Agendas are generally light and staff is not impacted. City of Guadalupe - No response from the city.

5 Attachment A ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-25, PLANNING COMMISSION - ESTABLISHED, AND SECTION , SAME DESIGNATED AS PLANNING AGENCY, OF ARTICLE V OF CHAPTER 2 OF THE CODE OF THE COUNTY OF SANTA BARBARA, CALIFORNIA CASE NO. 04ORD The Board of Supervisors of the County of Santa Barbara, California ordains as follows: SECTION 1. SECTION 2.25., Planning Commission-Established, of Article V of Chapter 2 of the Code of the County of Santa Barbara, California, is hereby amended as follows: Section Planning Agencies Designated. Pursuant to the provisions of section of the California Government Code, a planning agency for the county is hereby established to carry out the functions prescribed in section et seq. of the California Government Code. For the purposes of this section: a) Except as provided under subsection (c) and Sec below, the County Planning Commission is hereby designated to be the planning agency for the unincorporated portions of the County located outside of the Montecito planning area as designated by the Montecito community plan with the powers and duties as described below. b) Except as provided under subsection (c) and Sec below, the Montecito Planning Commission is hereby designated to be the planning agency for the unincorporated portion of the County located within the Montecito planning area as designated by the Montecito community plan with the powers and duties as described below. (Ord. No. 1695, 2; Ord. No. 4468, 2) c) For purposes established by California Government Code Sections and 65402, the Director of Planning and Development is hereby designated to be the planning agency for the County. The purpose is to more efficiently expedite the processing of and determinations. For these determinations where the Director, at his/her discretion, feels that a more in-depth review is warranted, he/she may designate the County or Montecito Planning Commission as the planning agency for certain projects to be reported upon pursuant to Government Code Sections and The planning agency shall render its report within forty (40) days. A written explanation for exemption shall be prepared for (1) the disposition of the reminder of a 1

6 larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects when determined to be of a minor nature by the Director of Planning and Development. The Director shall report any final and determinations to the Planning Commission at the next available noticed public hearing. SECTION 2. SECTION , Same Designated as Planning Agency, of Article V of Chapter 2 of the Code of the County of Santa Barbara, California, is hereby amended as follows: Section Planning Commissions Established. SECTION 3. Pursuant to the provisions of the Planning and Zoning Law, Title 7 of the California Government Code, planning commissions in and for the county are hereby established as follows: (a) The County Planning Commission for the area of the county located outside of the Montecito community plan, and for regional issues that may affect the Montecito planning area in addition to other unincorporated areas of the county. (b) The Montecito Planning Commission for the area of the county located within the Montecito Planning Area as designated by the Montecito community plan. (Ord. No. 1695, 1; Ord. No. 4468, 2). Except as amended by this Ordinance, Article V of Chapter 2 of the Code of Santa Barbara County, California, shall remain unchanged and shall continue in full force and effect. SECTION 4. This ordinance shall take effect and be in force thirty (30) days from the date of its passage; and before the expiration of fifteen (15) days after its passage it, or a summary of it, shall be published once, with the names of the members of the Board of Supervisors voting for and against the same in the Santa Barbara News Press, a newspaper of general circulation published in the County of Santa Barbara. PASSED, APPROVED AND ADOPTED by the Board of Supervisors of the County of Santa Barbara, State of California, this day of, 2005 by the following vote: AYES: 2

7 NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL F. BROWN CLERK OF THE BOARD By Deputy Chair, Board of Supervisors of the County of Santa Barbara State of California APPROVED AS TO FORM: STEPHEN SHANE STARK County Counsel By: Deputy County Counsel G:\GROUP\Permitting\Case Files\Oa\2000s\04 cases\04ord GC 65401&2 Process\ord 2-25 (4).doc 3

8 Attachment C SUMMARY OF REQUESTS ( ) 01GOV Requests (2001) General Services, 1080 sq.ft. modular office for Cooperative Ext. approved by Deputy Director (Goleta) Public Works, Construction of 27,200 sq.ft. building at Calle Real Campus (Goleta) Public Works Road Yard relocation, approved by staff (Santa Ynez) Montecito Water District 8 water main,missed 40-day deadline, no action taken- Dep. Dir. (Montecito) County Fire Station #41 Modular Office/living quarters (New Cuyama) Public Works, Roads Division road easement for expansion of Overpass Road (Goleta) Public Works acquisition of easement for future grade stabilization structure (Santa Ynez) Sheriff s Dept. 800 sq.ft. classroom at the Honor Farm approved by Deputy Director (Goleta) 01GC05 Flood Control easement and construction of drainage improvements approved by Deputy (Santa Maria) Note: underlining of case numbers indicates that the determination would still go to the PCs under the revised ordinance.

9 65402 Requests (2002) 02GOV Public Works 02/03 CIP Conformity Review City of Goleta review of Co. Stow Grove Park remodel of two existing accessory structures and the addition of a new modular restroom facility (Goleta) Park Dept. Shade structure in Manning Park, approved by Deputy Director (Montecito) Tajiguas Land Fill expansion (dropped from agenda) Public Works, Roads Div. road vacation of 100 sq. ft. (Santa Ynez) Public Works request to demo and reconstruct at Calle Real Campus, approved by Deputy Director (Goleta) Goleta Water District, new 8,000 lab building (Goleta) Public Works, Roads Division vacation of a 15-foot wide portion of the Miramar Avenue (Montecito) Public Works- Roads Division 1600 extension of Hummel Drive (Orcutt)

10 65402 Requests (2003) 03GOV Carp. Valley Water Dist. (withdrawn by applicant, resubmitted as ) Carp. Valley Water Dist. 10-ac. Parcel, 3M gallon tank, etc. (Hwy 192) Montecito School District property exchange with YMCA [Montecito PC] Flood Control Dist. Easement Correction [memo from Dep.Dir.] SBCAG 3,900 sq.ft. transfer from S. B. Co. to Caltrans (dropped at PC) Goleta Sanitary District pipeline installation and easement from the county Los Alamos CSD, 1-ac. Easement for construction of 1M gallon water tank and road Public Works request for drainage/maintenance easement on Modoc Rd. [PC hearing cancelled, no action taken since 45-day limit was missed] Roads Division request incorporated into Santa Ynez Valley CP [no action] Los Alamos CSD, acquisition of 17 wide utility easement and installation of water pipelines

11 65402 Requests (2004) 04GOV Los Alamos CSD, 2-6 wide utility easements within roadway for tract development (Los Alamos) Public Works 04/05 CIP Conformity Review Public Works - access easement for development of public Providence Landing (Vand. Village) Public Works, Roads Div. sale of 30 strip along Roblar (retained easement for road ROW) Public Works, Roads Div. vacation of wide road easement on Shaw Street Public Works request for Isla Vista parking program and ROW acquisitions Flood Control fee acquisition for existing 8-acre flood control retention basin, Santa Maria Public Works, Roads Div. vacation of 10 and 20 ROW easements at Main/ Augusta, Los Alamos Public Works, Roads Div. vacation of ROW within new tract map, and acceptance of new ROW adjacent Stillwell Road Public Works acceptance of ROW easement for curb, gutter, sidewalk on Orcutt Road Montecito Water District Ortega reservoir improvements Public Works, Roads Div. Road Vacation at Knollwood Meadows Apts (Orcutt) Public Works request to transfer fee ownership of various road ROWs from County to IV Parks& Rec, Isla Vista Public Works, Water Agency, easement for a water well (withdrawn) Flood Control Dist. granting easement for ingress/egress on La Salle Cyn. Road (Lompoc Valley) Public Works sale of animal shelter property, Orcutt Road Public Works acquisition of coastal bluffs property, Isla Vista Public Works vacation of 4,000 sq.ft. portion of Madera Street (Santa Ynez)

12 65402 Requests (2005) 05GOV Public Works 05/06 CIP Conformity Review Carp. Valley Water Dist. Water line rerouting along Foothill Road Public Works, request to acquire property for Station 51 relocation (Vand. Village) Summerland Sanitary District sewer line easement Goleta Water District, sale of surplus 2.81 acres (La Riata Ln.) Goleta Water District, sale of surplus 0.2 acres (Calle Barquero) Flood Control Dist. Easement vacation, Vieja Drive (no PC action)

13 65402 Requests (2006) 06GOV Public Works 06/11 CIP 5-year Conformity Review Public Works Road Quitclaim/abandonment (portion of San Roque Canyon) Flood Control District Easement Quitclaim (Foothill Road) Flood Control District Easement 11-acre acquisition for stockpiling (Foothill Rd)

14 Summary of Processing ( ) 1 Project considered by Montecito Planning Commission - MAJOR 8 Projects considered by staff (deputy director) - MINOR 48 Projects considered or scheduled to the County Planning Commission - MAJOR 57 Total projects considered 2001 to present Under the revised ordinance, 25 would be considered by one of the Planning Commissions and 12 would be considered by the Director, and 20 would not require a report at all. G:\GROUP\Permitting\Case Files\Oa\2000s\04 cases\04ord GC 65401&2 Process\ Summary.doc