SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Flood Control Easement Quitclaim

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Flood Control Easement Quitclaim Deputy Director: Steve Chase Staff Report Date: March 10, 2006 Division: Development Review South Case No.: 06GOV Staff Contact: Dan Gullett ( ) Environmental Document: N/A Supervising Planner: Peter Imhof ( ) OWNER: Rene and June Van Wingerden 4444 Foothill Road Carpinteria, CA Project Location APPLICANT: County of Santa Barbara Flood Control District Tom Fayram, Deputy Director 123 East Anapamu Street Santa Barbara, CA (805) This site is identified as Assessor Parcel Numbers , and -074 located approximately one half mile northwest of Carpinteria High School, 4394 Foothill Road, Carpinteria, First Supervisorial District. 1.0 REQUEST Hearing on the request of the Santa Barbara County Flood Control District to consider case number 05GOV for a determination pursuant to Government Code Section 65402(c) that the quitclaim of an easement on the property located at 5154 Foothill Road (APNs and -074) is consistent with the Comprehensive Plan of the County of Santa Barbara. Application Filed: February 9, 2006 Processing Deadline: 40 days from application submittal (March 21, 2006)

2 Page RECOMMENDATION AND PROCEDURES Pursuant to Government Code Section 65402(c), staff recommends that your Commission determine the proposed project to be consistent with Comprehensive Plan policies based on the Findings included as Attachment A to this report. Based upon the discussion in Section 6.0 of this report, staff recommends that the Planning Commission take the following actions: 1. Determine that the quitclaim of the Flood Control Easement is consistent with the Comprehensive Plan; and 2. Transmit the consistency report required by Government Code Section 65402(c) to the County Flood Control District and the Board of Supervisors. This staff report and the letter reflecting the Planning Commission's action shall constitute the required report. 3.0 JURISDICTION This request is being considered by the Planning Commission based upon California Government Code Section 65402(c), which states that a local agency shall not acquire or dispose of real property or authorize construction of a public building or structure until the location, purpose and extent of such action have been analyzed as to conformity with the County's General Plan and have been reported to the planning agency having jurisdiction over the adopted General Plan. See Attachment B for the full text of Government Code Section ISSUE SUMMARY This report analyzes the proposed quitclaim of an approximately 12-acre easement on two adjacent privately-owned parcels (APNs , and -074) for consistency with the Comprehensive Plan. The purpose of this easement was for the placement of approximately 50,000 cubic yards of fill material removed from Flood Control District drainage basins, stream channels, and estuaries. The document granting this easement was conditioned such that the easement would terminate after five years or at the time 50,000 cubic yards of fill were placed on the easement. The document further required the County Flood Control District to execute a quitclaim or other similar document to record this termination. This document serves as the required Planning Commission report under Government Code Section 65402(c), which requires analysis of the disposition of the subject easement for consistency with the Comprehensive Plan.

3 Page 3 Since the disposition of this easement would not allow for further placement of fill material or other development on this site, no Comprehensive Plan consistency issues are raised. 5.1 Site Information 5.0 PROJECT INFORMATION Site Information Comprehensive Plan Designation Agriculture I (APN ) Agriculture I (APN ) Ordinance, Zone District Article II, Ag-I-10 (APN ) Article II, Ag-I-10 (APN ) Site Size acres (APN ) 2.04 acres (APN ) Present Use & Development Agriculture (APN ) Agriculture (APN ) Surrounding Uses/Zoning APN North: Orchards, Single Family Dwelling, Ag-I-10 South: Nurseries/Greenhouses, Ag-I-10 East: Orchards, Ag-I-10 West: Flood Control Channel, Ag-I-10 APN North: Orchards, Ag-I-10 South: Orchards, Ag-I-10 East: Flood Control Channel, Ag-I-10 West: Single Family Residences, Ag-I-10 Access Foothill Road (APNs and -074) Other Site Information Active Agricultural Preserve Contract 72AP183A (APNs and -074) Public Services Water Supply: Carpinteria Valley Water District Sewage: N/A Fire: Carpinteria/Summerland Fire District Other: 5.2 Setting The project site is located at 4394 Foothill Road in Carpinteria immediately north of Foothill road on two assessors parcels bisected by the Santa Monica Creek Flood Control Channel. The site is approximately one half mile northwest of Carpinteria High School.

4 Page 4 Figure 1: Quitclaim Parcels 5.4 Description The Flood Control District action includes a quitclaim of an approximately 12-acre easement on APNs , and -074 used by the Santa Barbara County Flood Control District for the placement of soil and sediment removed from flood control channels and basins. 5.5 Background Information The existing subject parcels (APNs , -074) compose one legal lot created by TPM 13,330 as Parcel A, recorded in Book 32, Pages 1-3 in The subject parcels are currently owned in fee by Rene and June Van Wingerden. The subject easement was granted by Ocean Breeze Properties to Santa Barbara County Flood Control and Water Conservation District on February 16, The County Flood Control District requires sites, such as this one, for placement of fill material removed from creeks, debris basins, flood control channels, and estuaries as part of a routine maintenance program. According to Flood Control District representatives, the District regularly removes on average 400,000 cubic yards of material per year and on occasion up to one million cubic yards annually on the South Coast as part of this maintenance program. The subject easement was accepted by the County March 9, No evaluation of conformity with the Comprehensive Plan per Government Code Section was completed prior to this

5 Page 5 easement acquisition. Conditions of this easement include a clause terminating the easement after five years or when 50,000 cubic yards of fill was placed in the easement area, whichever came first. The easement language requires the County Flood Control District to execute a quitclaim or similar document to record the termination. The easement agreement gave the grantor the sole discretion to direct its placement within the easement area. The agreement indemnified the County Flood Control District from liability arising from the presence of toxic or hazardous waste in the fill. According to Flood Control District representatives, approximately 200,000 cubic yards of fill was placed over an area of approximately 3.4 acres on this easement over its lifetime. Disposition of the easement does not allow for further placement of fill on the subject parcels without issuance of the applicable permits. In 2003 the Carpinteria Valley Water District requested a determination of conformity with the Comprehensive Plan (03GOV ) pursuant to Government Code Section for proposed infrastructure improvements for the Water District. This development was proposed over subject parcel APN , a portion of the Highway 192 corridor, and AP Nos , -033, -037, -038, -039, , -053, -059, -060, -061, -068, -070, and The County Planning Commission found some elements of the proposed action consistent with the Comprehensive Plan and others inconsistent. 6.0 PROJECT ANALYSIS 6.1 Environmental Review A Government Code Section 65402(c) determination is not a project under the California Environmental Quality Act (CEQA). Therefore, the proposed project has not been reviewed by P&D staff for environmental impacts. 6.2 Comprehensive Plan Consistency Since the disposition of this easement would not allow for further placement of fill material or other development on this site, no Comprehensive Plan consistency issues are raised. 6.3 Ordinance Compliance A Government Code Section determination only requires review of consistency with the Comprehensive Plan and is not subject to the provisions of the County of Santa Barbara Coastal Zoning Ordinance.

6 Page Subdivision/Development Review Committee This request is not subject to the review of the Subdivision/Development Review Committee. 6.5 Board of Architectural Review This request is not subject to the review of the Board of Architectural Review. 6.6 Agricultural Preserve Advisory Committee This subject parcels are subject to Agricultural Preserve Contract 72AP183A. The Agricultural Preserve Advisory Committee reviewed the subject quitclaim for its consistency with the County Uniform Rules on March 3, 2006 and, after discussion, agreed that no action by the Committee was necessary related to the quitclaim. 7.0 APPEALS PROCEDURE The report of the Planning Commission pursuant to Government Code Section 65402(c) is not appealable to the Board of Supervisors. The Planning Commission s determination will be forwarded to the County Board of Supervisors for informational purposes only. Under California Government Code Section 65402(c), the County Flood Control District may overrule an action of the Planning Commission. ATTACHMENTS A. Findings B. Government Code Section C. February 9, 2006 Memorandum from Tom Fayram D. Ocean Breeze Properties Grant of Easement E. Minutes from the March 9, 1999 Board of Supervisors meeting

7 Page A CEQA FINDINGS ATTACHMENT A: FINDINGS CEQA findings are not applicable to the requested Government Code Consistency Determination. 2.0 ADMINISTRATIVE FINDINGS Based on the Section 6.0 of the staff report, dated March 10, 2006, incorporated herein by reference, the proposed easement quitclaim is consistent with all applicable policies of the Comprehensive Plan.

8 Page B-1 ATTACHMENT B: GOVERNMENT CODE SECTION Government Code (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a 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 are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency

9 Page B-2 having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city.