SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT April 18, 2014 PROJECT: Kornbluth Lot Line Adjustment HEARING DATE: May 5, 2014 STAFF/PHONE: Julie Harris, (805) 568-3518 GENERAL INFORMATION Case No. 13LLA-00000-00003 Assessor s Parcel Numbers: 021-010-034, -041, -042 Applicant/Phone: Peter and Story Kornbluth 1976 Las Canoas Road Santa Barbara, CA 93105 (805) 331-1191 Agent/Phone Patsy Price Brownstein Hyatt Farber Schreck, LLP 21 E. Carrillo Street Santa Barbara, CA 93101 1.0 EXECUTIVE SUMMARY In 2009, the primary single family dwelling (3,580 sq. ft.) and the garage on existing Parcel B were destroyed by the Jesusita Fire. During processing of the application to permit reconstruction of the dwelling and the garage, staff discovered that two of the accessory buildings on the parcel were not permitted as currently used and constructed. The first is a structure permitted in 1971 as a 780-sq. ft. artist studio. The structure had been enlarged by 467 sq. ft. and converted to a residence without benefit of permits. The other structure is a 384-sq. ft. accessory building used for storage and a small office, which simply has no permit. The unpermitted 1,247-sq. ft. dwelling cannot be permitted on the existing Parcel B as a residential second unit pursuant to County Land Use and Development Code Subsection 35.42.230.E.1. However, the applicants also own an adjacent three-acre parcel (Parcel A) that is undeveloped. The proposed Lot Line Adjustment would redraw the boundary between Parcels A and B such that the unpermitted dwelling, currently on Parcel B, would be located on a reconfigured three-acre parcel, proposed Parcel 1. An associated Land Use Permit will be processed following recordation of the Lot Line Adjustment to permit the conversion from the artist studio to the residential use along with the as-built additional square footage and would permit as-built the construction of the 384-sq. ft. accessory building. 2.0 REQUEST Hearing on the request of Patsy Price, agent for the owners Peter and Story Kornbluth, to consider Case No. 13LLA-00000-00003 [application filed on May 9, 2013], for approval of a Lot Line Adjustment in
Page 2 compliance with Section 21-90 of County Code Chapter 21 and Section 35.30.110 of the County Land Use and Development Code to adjust lines between two lots of 3.023 acres and 31.128 acres (existing Parcels A and B, respectively) to reconfigure into two lots of 3.023 acres and 31.128 acres (proposed Parcels 1 and 2, respectively), on property located in the AG-I-10 and AG-I-40 Zones; and to determine the project is exempt pursuant to Section 15061(b)(3) of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP Nos. 021-010-034, 021-010-041, 021-010-042, located at 1976 Las Canoas Road, in the Mission Canyon area, First Supervisorial District. 3.0 RECOMMENDATION Follow the procedures outlined below and conditionally approve Case No.13LLA-00000-00003 as depicted on the project plans (Attachment D), based upon the project's consistency with the Comprehensive Plan, including the Mission Canyon Community Plan, and the ability to make the required findings. The Zoning Administrator s action should include the following: Make the required findings for the project as specified in Attachment A of this staff report, including CEQA findings; Determine the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), included as Attachment B; and Approve the project subject to the Conditions of Approval in Attachment C. 4.0 PROJECT SPECIFICATIONS Site Size: Comprehensive Plan Designation: Ordinance/Zoning: Total = 34.151 acres Existing Parcel A: 3.023 acres Existing Parcel B: 31.128 acres Proposed Parcel 1: 3.023 acres Proposed Parcel 2: 31.128 acres Urban, Mission Canyon Community Plan, Agriculture A-I-10 and A-I-40 County Land Use and Development Code / AG-I-10 and AG-I- 40, 10-acre and 40-acre minimum lot sizes Surrounding Use, Zoning: North: Vacant, National Forest, 40-E-1 South: City of Santa Barbara, Residential East: Vacant, AG-I-40 and DePaul Center, City of Santa Barbara West: Residential, Agriculture, Vacant, National Forest, AG-I-10 and AG-I-40 Services/Systems: Water: Existing Parcel A: None Existing Parcel B: Onsite well and City water Proposed Parcel 1: City Water Proposed Parcel 2: Onsite well Sewer: Existing Parcel A: None
Page 3 History: Present Use and Development: Fire: Access: Existing Parcel B: Two onsite sewage disposal systems Proposed Parcel 1: Onsite sewage disposal system Proposed Parcel 2: Onsite sewage disposal system County Fire Department Existing Parcel A: Las Canoas Road Existing Parcel B: Las Canoas Road and Las Canoas Ridge Way Proposed Parcel 1: Las Canoas Ridge Way Proposed Parcel 2: Las Canoas Road Police: County Sheriff The existing parcels A and B were created on August 30, 1971 by Parcel Map 11,356, recorded in Book 8 Page 58 of Parcel Maps. The original dwelling was permitted before 1971. The artist studio was permitted in 1971. The new primary dwelling with garage was permitted in 1989 and the original dwelling was concurrently converted to guesthouse. The studio was enlarged and converted to a dwelling without permits at an unknown date. The accessory building was constructed without permits at an unknown date. The primary dwelling was lost to the Jesusita Fire; the reconstruction permit for the main dwelling required correction of the unpermitted dwelling conversion and accessory building. The property is currently used for residential purposes and some agriculture (orchards). 5.0 PROJECT ANALYSIS 5.1 Environmental Review The Lot Line Adjustment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Such is the case with this Lot Line Adjustment, which would result in two parcels of the same size, both developed, with no changes to land use density, and no potential to create new parcels. See Attachment B for a detailed discussion. 5.2 Comprehensive Plan Consistency The project is consistent with the Comprehensive Plan, including the recently adopted Mission Canyon Community Plan (MCCP), as discussed in more detail below. Land Use Element (LUE) Land Use Development Policy 4: Prior to issuance of a development permit, the County shall make the finding, based on Consistent: The project is located in a designated urban area. The Lot Line Adjustment would redraw the boundaries between two
Page 4 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. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the land use plan. LUE Land Use Development Policy 5: Within designated urban areas, new development other than that for agricultural purposes shall be serviced by the appropriate public sewer and water district or an existing mutual water company, if such service is available. MCCP Policy CIRC-MC-7: Project consistency with the Mission Canyon Community Plan Circulation Element section shall constitute a determination of project consistency with Land Use Development Policy 4 (Land Use Element) with regard to roadway and intersection capacity. Per Land Use Development Policy 4, a project may be denied or reduced in density if adequate resources are unavailable. Project applicants shall assume full responsibility and cost for required improvements. MCCP Policy CIRC-MC-8: The minimally acceptable LOS on roadway segments and intersections under County jurisdiction in the Plan Area is LOS B. Exception to this policy is Mission Canyon Road south of Foothill Road LOS C is acceptable. MCCP Policy CIRC-MC-12: All access roads and driveways to new dwelling units shall be designed and built to allow emergency vehicle access. Development shall provide adequate off-street parking for residents and guests, especially where No Parking restrictions exist on adjacent roads and/or where roads are narrow, winding, and/or steep. The County shall develop programs and existing parcels: one vacant and one developed with a permitted single family dwelling, garage and guesthouse, and an unpermitted smaller single family dwelling and accessory structure. As a result of the Line Adjustment, the two reconfigured parcels would be developed with a single family dwelling each. Both dwellings already have adequate services. Both have access to public roads (via easements from Los Canoas Road, the nearest public road), and both are served by existing private sewage disposal systems (permitted by Environmental Health Services) as there are no public sewers available in the area. An onsite, private well provides domestic water to the northernmost, newer, and larger of the two dwellings (permitted in 1989 and recently reconstructed after the Jesusita Fire). Domestic water is provided by the City of Santa Barbara through an existing residential water meter to the southernmost, smaller dwelling and the guesthouse. The Lot Line Adjustment would not result in any change to circulation and traffic generation in the Mission Canyon area. The project would not affect roadway segments and intersections. Adequate parking already exists to serve each dwelling and the guest house. Therefore, the project would be consistent with the Circulation Element of the MCCP.
Page 5 implementation measures to address areas where traffic flow is constrained due to on-street parking on narrow streets. LUE Land Use Development Policy 7: Lot line adjustments involving legal, non-conforming parcels as to size may be found consistent with the Comprehensive Plan if: a. No parcel involved in the lot line adjustment that is conforming as to size prior to the adjustment shall become non-conforming as to size as a result of the adjustment; and, 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; and, ii. The Lot Line Adjustment shall not result in increased subdivision potential for any affected parcel; and, iii. The Lot Line Adjustment shall not result in a greater number of residential developable parcels than existed prior to the adjustment. b) The parcels involved in the adjustment are within the boundaries of an Official Map for the Naples Townsite Consistent: The parcels resulting from the Lot Line Adjustment would each be the same size as the parcels existing before the adjustment. The parcels are zoned AG-I-10 and AG-I-40, with minimum 10-acre and 40-acre lot sizes, respectively. Both parcels are legal and nonconforming as to the minimum lot sizes of their applicable zones. The total acreage of both parcels is 34.151 acres. Existing Parcel A, the smaller of the two parcels at 3.023 acres, is located entirely within the AG-I-10 zone. Proposed Parcel 1 would also be entirely within AG-I-10 zone. Existing Parcel B, the larger parcel at 31.128 acres, has split zoning of AG-I- 10 and AG-I-40. Proposed Parcel 2 would also have this split zoning. However, the project would satisfy all three requirements under paragraph a). First, only two parcels are involved in the adjustment. Second, each resulting lot would be too small to be subdivided any further as neither has enough acreage to create additional parcels meeting the minimum parcel sizes of both of the AG-I-10 and AG-I-40 zones. Finally, the existing lots were legally created by Parcel Map 11,356 in 1971. One lot is vacant (Parcel A) and one lot is already developed with a residence, garage, guesthouse, unpermitted accessory building and second dwelling (Parcel B). Under the proposed project Parcel 1 would be developed with the unpermitted dwelling and accessory structure and a permitted guesthouse. The other lot, Parcel 2, would be developed with the permitted dwelling and garage. Existing Parcel B and proposed Parcels 1 and 2 are developable as evidenced by the existing development, which has all necessary services. The existing vacant lot (Parcel A) is also residentially developable because it was legally created by a Countyapproved Parcel Map. Therefore, the adjustment would not result in a greater number of residentially developable parcels. Additional criteria addressing this requirement are detailed
Page 6 MCCP DevStd FIRE-MC-3.2: Development proposals shall include an evaluation of the need and location for a fire hydrant, subject to review and approval by the County Fire Department. Fire hydrants may be required on either side of a roadway depending on such factors as: (1) the roadway represents a main route out of the Mission Canyon area; or (2) the Fire Chief, or designated representative, determines the use of fire hydrants on the opposite side of the roadway may prove operationally difficult, or may create unsafe working conditions. in the findings for approval of a Lot Line Adjustment. The project s compliance with these additional criteria is addressed specifically in the Findings, Attachment A. Consistent: The project has been reviewed by the County Fire Department. County Fire determined that no conditions are required for the Lot Line Adjustment and fire hydrants are already located near the site. 5.3 Chapter 21 Subdivision Regulations and LUDC Consistency Chapter 21 Section 21-93 and County LUDC Subsection 35.30.110.B require the same set of findings for the approval of Lot Line Adjustments, which correspond to Land Use Development Policy 7 discussed in Section 5.2 above. Of particular relevance to the proposed Lot Line Adjustment, the Subdivision Regulations and LUDC include findings for lots that are, and would remain, nonconforming as to size. The proposed project is consistent with all of these findings, including: 1) four or fewer lots are involved in the adjustment; 2) the adjustment would not result in an increased subdivision potential; and 3) the Lot Line Adjustment shall not result in a greater number of residential developable parcels than existed prior to the adjustment. The findings for a Lot Line Adjustment also require that the subject properties are in compliance with all laws, rules, and regulations pertaining to zoning uses, or the Lot Line Adjustment has been conditioned to require compliance. Once the Lot Line Adjustment records a Land Use Permit will be approved and issued for the dwelling conversion and the accessory structure on proposed Parcel 1, followed by building permits to ensure proper construction in compliance with the building code. These two structures comply with basic ordinance requirements including setbacks, parking, and height, including applicable regulations adopted with the Mission Canyon Community Plan. 5.4 Committee Review The project was reviewed by the Subdivision/Development Review and Special Problems Area Committee on June 6, 2013. No significant issues were raised and no conditions from other agencies were applied to the Lot Line Adjustment. 6.0 APPEALS PROCEDURE The action of the Zoning Administrator on the Lot Line Adjustment may be appealed to the Planning Commission within the 10 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 $608.26.
Page 7 The action of the Planning Commission may be appealed to the Board of Supervisors within the 10 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 $648.26. 6.0 ATTACHMENTS A. Findings B. CEQA Exemption C. Conditions of Approval D. Lot Line Adjustment Plans G:\GROUP\PERMITTING\Case Files\LLA\13 cases\13lla-00000-00003 Kornbluth\ZA SR.doc