SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT August 30, 2007

Transcription

1 SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT August 30, 2007 PROJECT: Detrana Entry Gates HEARING DATE: October 22, 2007 STAFF/PHONE: Sarah Clark, (805) GENERAL INFORMATION Case No.: 07CUP Applicant/Phone: Frank Detrana 4065 Cuervo Ave Santa Barbara, CA (805) Agent/Phone: Tom Smith 1115 Coast Village Road, Santa Barbara, CA (805) EXECUTIVE SUMMARY Minor Conditional Use Permit application for an 8-foot high, 15-foot wide wrought iron entry gate to be located between two existing, permitted gateposts within the required front yard setback. A portion of the gate will be located within the Cuervo Avenue right-of-way. However, as Cuervo Avenue is not a County road, no Road Encroachment Permit is necessary. The proposed project is consistent with all policy and ordinance requirements and presents no issues. 2.0 REQUEST Hearing on the request of Tom Smith on behalf of Frank Detrana to consider Case No. 07CUP [application filed on July 6, 2007] for a Minor Conditional Use Permit in compliance with Section of the County Land Use and Development Code, on property zoned 1.5- EX-1, to authorize installation of an 8-foot high entry gate in the required front yard setback and to accept the Exemption pursuant to Section 15303(e) of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP No , located at 4065 Cuervo Ave., Santa Barbara, CA 93110, in the Hope Ranch area, 2nd Supervisorial District.

2 Page RECOMMENDATION Follow the procedures outlined below and conditionally approve Case No. 07CUP marked "Officially Accepted, County of Santa Barbara (October 8, 2007) Zoning Administrator Attachments A-D," based upon the project's consistency with the Comprehensive Plan and the ability to make the required findings. The Zoning Administrator s action should include the following: Adopt the required findings for the project as specified in Attachment A of this staff report, including CEQA findings, Accept the exemption, included as Attachment B, pursuant to CEQA Section 15303(e), and Approve the project, 07CUP subject to the Conditions of Approval in Attachment C. 4.0 PROJECT SPECIFICATIONS Site Size: 3.00 acres Comprehensive Plan Designation: RES-1.0 Single-Family Residential/Maximum density 1.0 dwelling units/acre Ordinance/Zoning: Santa Barbara County Land Use and Development Code, 1.5-EX-1: Single Family/Exclusive Residential Surrounding Use, Zoning: Services/Systems: North: 1.5-EX-1; 3.5-EX-1: Single Family Exclusive Residential South: 1.5-EX-1: Single Family/Exclusive Residential East: 1.5-EX-1; 3.5-EX-1: Single Family Exclusive Residential West: 1.5-EX-1: Single Family/Exclusive Residential Water: Santa Barbara County Water District Sewer: Private Septic System Fire: Santa Barbara County Fire District Access: Cuervo Avenue History: The current residence was constructed in the late 1930s. Present Use and Development: There is a ~4,500 square foot single-family dwelling and a ~450 square foot garage on the property.

3 Page PLANNER COMMENTS The proposed project involves installation of an 8-foot high wrought iron entry gate between two existing, permitted gate posts located in the required front yard setback. County Land Use and Development Code Section C.1. requires a Minor Conditional Use Permit for fences and gates over six feet high and gate posts over eight feet high located in the required front setback. With the approval of this CUP, the project will comply with all zoning requirements of the County Land Use and Development Code. Land Use Element Visual Resource Policy #3 states: In areas designated as urban on the land use plan maps and in designated rural neighborhoods, new structures shall be in conformance with the scale and character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged. A 6-foot high entry gate was previously permitted by the Building and Safety Division in this location. At least four other entry gates are located in front setbacks along the portion of Cuervo Avenue where the subject parcel is located. In 2002, a Minor Conditional Use Permit for an 8-foot high entry gate in the front setback was issued for the property at 4085 Cuervo Avenue, three doors northeast of the subject parcel. Two of these gates are similar in style and materials (wrought-iron) to the proposed gate. Because similar structures have been permitted in the surrounding neighborhood, the proposed project complies with the requirements of Visual Resource Policy #3. The County Fire Department has reviewed the project and has no issues provided the applicant installs an entry system to allow fire department access to the subject parcel. Per Permit Condition #3, the applicant will be required to install a Knox Box entry system to ensure fire department access to the subject parcel. Although one gatepost and approximately one-quarter of the proposed gate would be located within the Cuervo Avenue right-of-way, these elements are located approximately 10 feet from the edge-of-pavement and would not impede the flow of traffic. The gate itself will be located approximately 17 feet from the intersection of the driveway and the road, allowing vehicles to exit the road entirely before entering the gate. Because Cuervo Avenue is not a County-maintained road, no Road Encroachment Permit is necessary. The proposed project is consistent with all policy and ordinance requirements and presents no issues. 6.0 APPEALS PROCEDURE The action of the Zoning Administrator may be appealed to the Planning Commission within ten calendar days following the date of the Zoning Administrator s decision by the applicant or an aggrieved person. The appeal fee to the Planning Commission is $

4 Page 4 The action of the Planning Commission may be appealed to the Board of Supervisors within ten calendar days following the date of the Planning Commission s decision by the applicant or an aggrieved person. The appeal fee to the Board of Supervisors is $ APPEALS PROCEDURE A. Findings B. CEQA Exemption C. Conditions of Approval with attached Departmental letters D. Site Plan

5 ATTACHMENT A: FINDINGS OF APPROVAL 1.0 CEQA FINDINGS The proposed project is found to be exempt from environmental review pursuant to Section 15303(e), New Construction or Conversion of Small Structures, of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). The proposed entry gate qualifies as an accessory structure as described in section 15303(e) of the CEQA Guidelines. Please see Attachment B, Notice of Exemption. 2.0 ADMINISTRATIVE FINDINGS 1. Findings required for all Conditional Use Permits as specified in LUDC Section E: a. The site for the proposed project is adequate in terms of location, physical characteristics, shape, and size to accommodate the type of use and level of development proposed; The proposal is for an entry gate of eight feet in height. The project site is 3.00 acres in size and is adequate for the proposed project. b. Environmental impacts. (1) Within the Coastal Zone adverse environmental impacts will be mitigated to the maximum extent feasible. The proposed project is not located in the Coastal Zone. (2) Within the Inland area significant environmental impacts will be mitigated to the maximum extent feasible. The proposed project will not have any significant environmental impacts. c. Streets and highways are adequate and properly designed. The proposal is for an entry gate of eight feet in height. The project will not generate any additional traffic. The adjacent street, Cuervo Avenue, is 60 feet wide and provides adequate service to the subject parcel. Although one gatepost and approximately onequarter of the proposed gate would be located within the Cuervo Avenue right-of-way, these elements are located approximately 10 feet from the edge-of-pavement and would not impede the flow of traffic. The gate itself will be located approximately 17 feet from the intersection of the driveway and the road, allowing vehicles to exit the road entirely before entering the gate. Because Cuervo Avenue is not a County-maintained road, no Road Encroachment Permit is necessary. d. There will be adequate public services, including fire protection, police protection, sewage disposal, and water supply to serve the proposed project. The parcel currently receives adequate services from the Santa Barbara County Fire Department, the La Cumbre Water District, and private septic. The proposed entry gate would not impact demand for these services.

6 Page 6 e. The project will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood and will be compatible with the surrounding area. The proposal is for an eight-foot high entry gate. The proposed gate is compatible with the surrounding neighborhood. At least four other entry gates exist on other properties on the street, one of which is eight feet high and required a Minor Conditional Use Permit. The proposed gate will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood. f. The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan, including any applicable community or area plan. The project conforms to applicable provisions in the Comprehensive Plan, the Goleta Community Plan, and the Santa Barbara County Land Use and Development Code. The entry gate will not affect any biological resources or native vegetation and no grading is involved. The project will not impact public views. The project is consistent with the character of the surrounding neighborhood and is exempt from design review. The entry gate does not have the potential to create any additional traffic and will not be detrimental to public safety. All existing and proposed structures are consistent with the requirements of the 1.5-EX-1 zone district. Therefore, this finding can be made. g. In designated rural areas the use will be compatible with and subordinate to the rural and scenic character of the area. The proposed gate is not located in a designated rural area.

7 ATTACHMENT B: ENVIRONMENTAL DOCUMENT TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Sarah Clark, Planning & 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: Case No.: 07CUP Location: 4065 Cuervo Ave, Santa Barbara, CA Project Title: Detrana Entry Gates Project Description: Conditional Use Permit to allow installation of an 8-foot high, 15-foot wide entry gate in the required front yard setback area. No grading or tree removal is proposed. The parcel will continue to be served by the La Cumbre Mutual Water District, private septic, and the Santa Barbara County Fire Department. Access will continue to be provided off of Cuervo Avenue. The property is a 3.00-acre parcel zoned 1.5-EX-1 and shown as Assessor s Parcel Number , located at 4065 Cuervo Avenue in the Hope Ranch area, 2 nd Supervisorial District. Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project: County of Santa Barbara Tom Smith Exempt Status: (Check one) Ministerial Statutory Exemption X Categorical Exemption Emergency Project Declared Emergency Cite specific CEQA and/or CEQA Guideline Section: 15303(e) Reasons to support exemption findings: Section 15303(e) of the Guidelines for Implementation of CEQA exempts accessory structures such as entry gates. No environmental impacts would be associated with the placement of entry gates. There will be no obstruction of any scenic views open to the public and the project would not change the visual character of the area. The project would not result in the loss of any existing native vegetation or the removal of any oak trees, would not require any grading or land alteration, and would not impact any biological resources. Lead Agency Contact Person: Sarah Clark 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.

8 Page 8 Distribution: Hearing Support Staff Project file (when P&D permit is required) Date Filed by County Clerk:.

9 ATTACHMENT C: CONDITIONS ATTACHMENT A SANTA BARBARA COUNTY CONDITIONAL USE PERMIT County Land Use & Development Code Section 35-1 of Chapter 35 of the County Code CASE NO. 07CUP I. A Conditional Use Permit is Hereby Granted: TO: Frank Detrana APN: PROJECT ADDRESS: 4065 Cuervo Ave, Santa Barbara, CA ZONE: 1.5-EX-1 AREA/SUPERVISORIAL DISTRICT: Hope Ranch/2 nd District FOR: 8-foot high, 15-foot wide entry gates in front setback II. This permit is subject to compliance with the following conditions: 1. This minor Conditional Use Permit is based upon and limited to compliance with the project description, Attachment D, and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the County for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval. The project description is as follows: Conditional Use Permit to allow installation of an 8-foot high, 15-foot wide entry gate in the required front yard setback area. No grading or tree removal is proposed. The parcel will continue to be served by the La Cumbre Mutual Water District, private septic, and the Santa Barbara County Fire Department. Access will continue to be provided off of Cuervo Avenue. The property is a 3.00-acre parcel zoned 1.5-EX-1 and shown as Assessor s Parcel Number , located at 4065 Cuervo Avenue in the Hope Ranch area, 2 nd Supervisorial District. 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. Within 18 months after granting this permit, construction and/or the use shall commence. (18 months is measured from expiration of a 10 day appeal period, or

10 Page 10 the date after the matter is heard and approved on appeal to the Board of Supervisors.) 2. Compliance with Departmental letters required as follows: a. Fire Department dated July 25, Address numbers must be posted at the intersection of the driveway and Cuervo Avenue. Address numbers must be a minimum of three (3) inches high and a color contrasting with the background color. The address number shall be elevated at least three (3) feet from the ground for clear visibility and easy directional identification. The numbers shall be visible from Cuervo Avenue when traveling in either direction. 4. Prior to submittal of a Building Permit application, the applicant shall submit an application to the Santa Barbara County Fire Department for a Fire Departmentapproved locking system. The approved locking system shall be constructed as part of the approved gate. 5. 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 Conditional Use Permit. 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. 6. 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. 7. This Conditional Use Permit is not valid until a Zoning Clearance for the development and/or use has been obtained. Failure to obtain said Zoning Clearance shall render this Conditional Use Permit null and void. Prior to the issuance of the Zoning Clearance, all of the conditions listed in this Conditional Use Permit that are required to be satisfied prior to issuance of the Zoning Clearance must be satisfied. Upon issuance of the Zoning Clearance, the Conditional Use Permit shall be valid. The effective date of this Permit shall be the date of expiration of the appeal period, or if appealed, the date of action by the Board of Supervisors. 8. If the Zoning Administrator determines at a Noticed Public Hearing, that the permittee is not in compliance with any permit condition(s), pursuant to the provisions of Subsection B of the County Land Use & Development Code, the Zoning Administrator is empowered, in addition to revoking the permit pursuant to said section, to amend, alter, delete, or add conditions to this permit.

11 Page Any use authorized by this CUP shall immediately cease upon expiration or revocation of this CUP. Any Zoning Clearance issued pursuant to this CUP shall expire upon expiration or revocation of the CUP. CUP renewals must be applied for prior to expiration of the CUP. 10. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance by the permittee of all conditions of this permit. 11. Within 18 months after the effective date of this permit, construction and/or the use shall commence. Construction or use cannot commence until a Zoning Clearance has been issued. 12. If the applicant requests a time extension for this permit/project, the permit/project may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. Mitigation fees shall be those in effect at the time of issuance of zoning clearance. III. This permit is issued pursuant to the provisions of Section of the County Land Use & Development Code and is subject to the foregoing conditions and limitations; and this permit is further governed by the following provisions: a. If any of the conditions of the Conditional Use Permit are not complied with, the Commission, after written notice to the permittee and a noticed public hearing, may in addition to revoking the permit, amend, alter, delete or add conditions to this permit at a subsequent public hearing noticed for such action. b. A Conditional Use Permit shall become null and void and automatically revoked if the use permitted by the Conditional Use Permit is discontinued for more than one year. c. Said time may be extended by the Commission one time for good cause shown, provided a written request, including a statement of reasons for the time limit extension request is filed with Planning and Development prior to the expiration date. Dianne Black Director of Development Services, For JOHN BAKER, DIRECTOR October 22, 2007 cc: Minute Book (original copy)

12 Page 12 Case File: 07CUP Permanent File Santa Barbara County Fire Department Flood Control Park Department Public Works Environmental Health Services APCD County Surveyor Deputy County Counsel Owner: Frank Detrana, 4065 Cuervo Avenue, Santa Barbara, CA Agent/Architect: Tom Smith, 1115 Coast Village Road, Santa Barbara, CA Attorney: Surveyor: Joel Avakian, 208 Park Road, Ojai, CA County Chief Appraiser (Variances, Conditional Use Permit) Planner: Sarah Clark

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15 ATTACHMENT D: SITE PLAN