MONTECITO PLANNING COMMISSION Staff Report for the Montgomery Lot Line Adjustment

Transcription

1 MONTECITO PLANNING COMMISSION Staff Report for the Montgomery Lot Line Adjustment Deputy Director: Dave Ward Staff Report Date: October 31, 2008 Division: Planning & Development, South Case No.: 08LLA Staff Contact: J. Ritterbeck, Planner Environmental Document: Supervising Planner: Peter Imhof Exempt pursuant to 15301(l)(4) and 15305(a) Planner s Phone #: (805) OWNER / APPLICANT: James Montgomery 5217 Allot Avenue Sherman Oaks, CA (818) Project Location AGENT / ENGINEER: Adele Goggia Harrison Design Associates 921 St. Vincent Avenue Santa Barbara, CA (805) Application Complete: September 29, 2008 Processing Deadline: 60 days from NOE The project site is identified as Assessor Parcel Numbers and , located at 2024 Sandy Place, in the Birnam Wood Golf Club area of Montecito Community Plan area. The two parcels are 1.02-acres and 1.66-acres respectively, both are zoned 2-E-1 Urban Residential and within the First Supervisorial District. 1.0 REQUEST Hearing on the request of Adele Goggia, agent for James Montgomery, to consider Case No. 08LLA , [application filed on January 24, 2008] to adjust property line between 2 lots of 1.02-acres (Parcel 1-APN ), and 1.66-acres (Parcel 2-APN ), resulting in parcels of 1.02-acres and 1.66-acres, respectively, in compliance with Section of County Code Chapter 21 and Section of the Montecito Land Use and Development Code, on property zoned 2-E-1; and to accept the Exemption pursuant to Section 15301(l)(4) and Section 15305(a) of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP Nos and , located at 2024 Sandy Place, in the Montecito Community Plan area, First Supervisorial District.

2 Page RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No. 08LLA marked "Officially Accepted, County of Santa Barbara (November 19, 2008), Montecito Planning Commission, Exhibit 1," based upon the project's consistency with the Comprehensive Plan and based on the ability to make the required findings. The Commission's motion should include the following: Adopt the required findings for the project as specified in Attachment A of this staff report, including CEQA findings, Approve the project, Case No. 08LLA , subject to the Conditions of Approval in Attachment B, and Accept the exemption, included as Attachment C, pursuant to CEQA Sections 15301(l)(4) and 15305(a). Alternatively, refer back to staff if the Montecito Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This Lot Line Adjustment project is being considered by the Montecito Planning Commission based on Section 21-6(a)(3) of County Code Chapter 35, which states that the Zoning Administrator shall be the decision-maker of Lot Line Adjustments, as defined in State Subdivision Map Act, California Government Code Section (d), of parcels located within the Urban and Inner-Rural Areas as designated by the Santa Barbara County Comprehensive Plan that result in four or fewer parcels, and Section 2-29, Article V, Chapter 2 of the County Code, which provides that the Montecito Planning Commission shall assume the powers and duties given to the Zoning Administrator within the Montecito Planning area as designated by the Montecito Community Plan. 4.0 ISSUE SUMMARY The project is for a Lot Line Adjustment in compliance with Section of County Code Chapter 21, to adjust property lines between 2 lots of 1.02-acres (Parcel 1 - APN ), and acres (Parcel 2 - APN ). No change in the size of either parcel will occur as a result of this adjustment and both parcels will retain their legal nonconforming status as it relates to the 2- acre minimum lot size for the 2-E-1 zone district. Also as a result of this lot line adjustment, the portion of the existing SFD that currently crosses the shared property boundary between the two subject parcels would be located entirely within the boundary of Parcel 2.

3 Page Site Information Comprehensive Plan Designation Ordinance, Zone Site Size Present Use & Development Surrounding Uses/Zone(s) Access Public Services 5.2 Project Description 5.0 PROJECT INFORMATION Site Information Residential, Urban Montecito LUDC, 2-E-1: Single Family Parcel 1: APN acres Parcel 2: APN acres The parcels currently have the following development on-site: Parcel 1 1) an existing 3,344 sq.ft. SFD 2) an existing 484 sq.ft. detached garage, Parcel 2 1) an existing tennis court North: 2-E-1 - Single Family Residential South: 2-E-1 - Single Family Residential East: 2-E-1 - Single Family Residential West: REC Recreation: Birnam Wood Golf Course Sandy Place Water Supply: Montecito Water District Sewage: Montecito Sanitary District Fire: Montecito Fire Department The project is for a Lot Line Adjustment in compliance with Section of County Code Chapter 21, to adjust property lines between 2 lots of 1.02-acres (Parcel 1 - APN ), and acres (Parcel 2 - APN ). No change in the size of either parcel will occur as a result of this adjustment. Removal of an existing Maid s Quarters that crosses the same property line that is to be adjusted and the removal of an existing tennis court located on Parcel 1 will be required as conditions of approval for this Lot Line Adjustment. No grading and no tree removal are approved as a component of this project. The subject parcels are shown as Lot 32 (Parcel 1) and Lot 33 (Parcel 2) on Tract No. 10,404, located at 2024 Sandy Place in the Montecito Area, zoned 2-E-1, First Supervisorial District. 5.3 Background Information The existing SFD on Parcel 2 was originally approved for construction in 1977 along with a detached accessory structure containing both a 2-car garage and a maid s quarters. Subsequently, the applicant received County approval for construction of a number of additions to the main SFD in Archived site plans for this project (see Attachment D) show that an addition of a bedroom to the northern side of the SFD, along with the previously approved and constructed accessory structure, were both approved crossing the shared property boundary between Parcels 1 and 2. This site plan also shows an existing tennis court located on Parcel 1, although no permits

4 Page 3 that would have been required for the associated grading and construction of retaining walls were obtained. Removal of the Maid s Quarters and the tennis court will be required prior to recordation of the Lot Line Adjustment. 6.1 Environmental Review 6.0 PROJECT ANALYSIS The project can be found exempt from environmental review based upon Section 15301(l)(4) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(l)(4) exempts the demolition and removal of small accessory structures including garages, carports, patios, swimming pools and fences. The project can also be found exempt from environmental review based upon Section 15305(a) of the CEQA Guidelines. Section 15305(a) exempts minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel. Refer to Attachment C for the Notice of Exemption. 6.2 Comprehensive Plan Consistency Land Use Element Development Policy #4: Prior to issuance of a land use 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 Consistent: The project site currently enjoys adequate services and resources to serve the existing residence. Both parcels will continue to be served by the Montecito Water District, the Montecito County Fire Department, and private septic. A lot line adjustment would not generate new traffic and the surrounding roads are adequate to serve the existing development. Land Use Element Hillside and Watershed Policy #2: All developments 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 to development because of known soil, geologic, flood, erosion or other hazards shall remain in open space. Consistent: The proposed lot line adjustment does not require any alteration of existing conditions, including landforms, native vegetation or trees. Grading will be less than 50 cubic yards and only associated with the removal of a retaining wall currently located within a side setback. Montecito Community Plan Policy N-M-1.1: Noise sensitive uses (i.e., residential and lodging facilities, educational facilities, public meeting places and others specified in the Noise Element) shall be protected from significant noise impacts. Consistent: Approval of the lot line adjustment is conditioned to ensure that any construction or demolition activity relating to the removal of the retaining wall and

5 Page 4 associated grading of less than 50 cubic yards be limited to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, and prohibiting construction on weekends, evenings and State Holidays (e.g., Thanksgiving, Labor Day). Construction equipment maintenance would be limited to the same hours. Non-noise generating construction activities would not be subject to these restrictions. 6.3 Ordinance Compliance Compliance with Montecito LUDC and Chapter 21 Subdivision Requirements The subject lots are located in the E-1 zone district, 2- acre minimum parcel size, under the Land Use Development Code. Reconfigured Parcels 1 and 2 would not meet the minimum lot size under their designated zone districts, but are currently legal lots of record at 1.02-acres and acres respectively. Approval of the Lot Line Adjustment will result in no change to the size of either of these parcels, thus consistent with the requirements governing minor land divisions. The proposed lot line adjustment would be consistent with the required findings of the Montecito LUDC Section , and Chapter 21, Section 21-93, as stated in Attachment A of the staff report dated October 31, As a condition of approval, an existing and permitted Maid s Quarters that crosses the lot line to be adjusted and an unpermitted tennis court located on Parcel 1 would be required to be demolished prior to recordation of the Lot Line Adjustment. (The existing Maid s Quarters would cross the adjusted lot line and not meet required setbacks, while the tennis court would constitute an accessory use without a primary use.) Currently, both the existing SFD and detached garage encroach into the side setback of Parcel 2. Section C.2.b allows side setback variations in the E-1 zone district, requiring that the total area of these two structures intruding into the required side setback be compensated by an equal area located outside of and adjacent to the same side setback and the side setback line (see Attachment E). Future structures will remain in conformance with all applicable setback requirements. 6.4 Subdivision/Development Review Committee This project went before the SDRC on February 7, 2008 for review. No project specific conditions were applied to the project by any of the County departments present. 6.5 Design Review This project is not subject to approval of the Montecito Board of Architecture Review.

6 Page APPEALS PROCEDURE The action of the Montecito Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days following the date of the Commission s decision by the applicant or an aggrieved person. The appeal fee to the Board of Supervisors is $ ATTACHMENTS A. Findings for Approval B. Conditions of Approval C. Environmental Document: Notice of Exemption D. Archived Plans E. Reduced Plans G:\GROUP\PERMITTING\CASE FILES\LLA\08 CASES\08LLA MONTGOMERY\STAFF REPORT MATERIAL\STAFF REPORT MPC - MONTGOMERY.DOC