SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT November 20, 2015 PROJECT: Acquistapace Tentative Parcel Map HEARING DATE: December 7, 2015 STAFF/PHONE: Dana Eady, (805) 934-6266 GENERAL INFORMATION Case No. 15TPM-00000-00005 / TPM 14,817 Project Site Assessor s Parcel Number: 117-170-063 Applicant: James Acquistapace 1635 N. Blosser Road Santa Maria, CA 93455 Agent/Phone: Dave Cross Fletcher-Cross & Associates 801 S. Broadway, Suite 1 Santa Maria, CA 93454 (805) 928-6463 1.0 EXECUTIVE SUMMARY The application requests the approval of a Tentative Parcel Map in compliance with County Code Chapter 21 to subdivide a 73.98 gross/net acre parcel into two parcels of 14.8 gross/net acres (proposed parcel 1), and 59.0 acres (proposed parcel 2). The existing parcel would be subdivided along the existing zoning lines so that proposed parcel 1 would be zoned C-S, and proposed parcel 2 would be zoned AG-II-40. The existing parcel is developed with approximately 5,081 sq. ft. of existing development consisting of agricultural storage structures and a single family dwelling. Following approval of the subject Tentative Parcel Map application, these structures would be located entirely within the C-S zone district on proposed parcel 1. Since these structures were constructed prior to 1958 when the zoning ordinance went into effect, these structures are considered to be legal non-conforming and can remain on the parcel. Access to proposed parcel 1 would continue to be provided by an existing private driveway from Main Street / Highway 166. Access to proposed parcel 2 would be provided from Main Street / Highway 166 by a 28 wide private easement for ingress and egress for the benefit of parcel 2 over parcel 1. Caltrans district 5 has reviewed and approved the proposed access. The applicant has indicated that following approval of the subject Tentative Parcel Map application, they plan to apply to place proposed parcel 2 under a Williamson Act contract.
Acquistapace Tentative Parcel Map / Case No. 15TPM-00000-00005 / TPM 14,817 Hearing Date: December 7, 2015 Page # 2 2.0 REQUEST Hearing on the request of Dave Cross of Fletcher-Cross & Associates, agent for the Acquistapace 2004 Family Trust, owner, to consider Case No. 15TPM-00000-00005/TPM 14,817, [application filed on September 4, 2015] for the approval of a Tentative Parcel Map in compliance with County Code Chapter 21 to subdivide a 73.98 gross/net acre parcel into two parcels of 14.8 gross/net acres (proposed parcel 1), and 59.0 acres (proposed parcel 2), on property zoned C-S and AG-II-40; and to determine that the project is exempt pursuant to Section 15305 of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP No. 117-170-063, located approximately 2,000 feet west of the intersection of Blosser Road and Main Street/Highway 166, in the Santa Maria area, Fifth Supervisorial District. 3.0 RECOMMENDATION Follow the procedures outlined below and conditionally approve case number 15TPM-00000-00005/TPM 14,817 marked Officially Accepted, County of Santa Barbara, December 7, 2015, 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: 1. Make the required findings for approval of the project, Case No. 15TPM-00000-00005/TPM 14,817, specified in Attachment A of this staff report, including CEQA findings. 2. Determine the project is exempt from environmental review pursuant to Section 15305 of CEQA, as specified in Attachment C; and 3. Approve the project, Case No. 15TPM-00000-00005/TPM 14,817, subject to the conditions included as Attachment B. 4.0 PROJECT SPECIFICATIONS 4.1 Site Information Site Size: 73.98 acres (gross/net) Comprehensive Plan Designation: Service Commercial, A-II, A-II-40 Ordinance/Zoning: LUDC, C-S (Service Commercial); AG-II-40 (Agriculture) Surrounding Use, Zoning: North: Agriculture (row crops), AG-II-40 South: Agriculture (row crops), C-S East: Agriculture (row crops) AG-II-40; City of Santa Maria West: Agriculture (row crops) AG-II-40 Services/Systems: Water: Existing private onsite water well; City of Santa Maria Sewer: City of Santa Maria Fire: Santa Barbara County Fire Station #32 Existing private driveway off Main Street/Hwy 166 County Sheriff Access: Police:
Acquistapace Tentative Parcel Map / Case No. 15TPM-00000-00005 / TPM 14,817 Hearing Date: December 7, 2015 Page # 3 Present Use and Development: Existing development onsite consists of: 1) 420 sq. ft. agricultural storage shed; 2) 1,296 sq. ft. agricultural storage barn; 3) 476 sq. ft. agricultural storage shed; 4) 225 sq. ft. storage shed; 5) 180 sq. ft. storage shed; 6) 540 sq. ft. detached garage; 7) 144 sq. ft. storage shed; and 8) 1,800 sq. ft. single family residence. The parcel is also utilized for agricultural purposes (row crops). 4.2 Project Description Request of Dave Cross of Fletcher-Cross & Associates, agent for Acquistapace Family Trust, owner, to consider Case No. 15TPM-00000-00005 / TPM 14,817 [application filed on September 4, 2015] for approval under County Code Chapter 21 to subdivide a 73.98 gross/net acre parcel into two parcels of 14.8 gross/net acres (proposed parcel 1); and 59.0 gross/net acres (proposed parcel 2). The parcel would be subdivided along the existing zoning lines so that proposed parcel 1 would be zoned C-S, and proposed parcel 2 would be zoned AG- II-40. The subject 73.98 gross/net acre parcel contains the following existing development: 1) 420 sq. ft. agricultural storage shed; 2) 1,296 sq. ft. agricultural storage barn; 3) 476 sq. ft. agricultural storage shed; 4) 225 sq. ft. storage shed; 5) 180 sq. ft. storage shed; 6) 540 sq. ft. detached garage; 7) 144 sq. ft. storage shed; and 8) 1,800 sq. ft. single family residence. According to the Santa Barbara County Assessor s Office, the single family residence and detached garage were constructed in 1920, and the remaining structures were constructed in 1911. Since these structures were constructed prior to 1958 when the zoning ordinance went into effect, these structures are considered to be legal non-conforming and can remain on the parcel. Water and sanitary services for proposed parcel 1 would continue to be provided by an existing onsite water well, and the City of Santa Maria. Water services for proposed parcel 2 would be provided by an existing onsite private water well. Future development on this parcel would be served by a private septic system built in conformance with Environmental Health Services requirements. Access to proposed parcel 1 would continue to be provided by an existing private driveway from Main Street / Highway 166. Access to proposed parcel 2 would be provided from Main Street / Highway 166 by a 28 wide private easement for ingress and egress for the benefit of parcel 2 over parcel 1. 5.0 PROJECT ANALYSIS 5.1 Environmental Review The proposed project is exempt from environmental review pursuant to Section 15305 [Minor Alterations in Land Use Limitations] of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. With the application of standard County requirements, the project would not create a significant effect on the environment. Additional information is provided in the Notice of Exemption (Attachment C) to this staff report. 5.2 Comprehensive Plan Consistency The proposed project is consistent with all applicable policies contained within the County s Comprehensive Plan.
Acquistapace Tentative Parcel Map / Case No. 15TPM-00000-00005 / TPM 14,817 Hearing Date: December 7, 2015 Page # 4 5.3 Land Use and Development Code Compliance The proposed project site is zoned C-S (Service Commercial), and AG-II-40 (Agriculture), under the County Land Use and Development Code. The proposed project would be consistent with both the C-S and AG-II- 40 zone district standards. The newly created lot could be developed consistent with the requirements of the AG-II-40 zone district. The proposed project is also consistent with the requirements of the County s subdivision regulations as described in the findings (Attachment A). The proposed lots would conform to the configuration requirements as outlined in the Land Use and Development Code, and Chapter 21, and therefore would comply with the minimum requirements of the Subdivision Map Act. 5.4 Subdivision/Development Review Committee (SDRC) The proposed project was reviewed by SDRC on September 17, 2015. Departmental conditions letters were issued by Public Works Transportation, Community Services Parks Division, and the Santa Barbara County Fire Department. No other County Departments have conditions for the proposed project. 6.0 APPEALS PROCEDURE The action of the Zoning Administrator 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. 7.0 ATTACHMENTS A. Findings B. Conditions of Approval C. CEQA Exemption D. Proposed Tentative Parcel Map 14,817
ATTACHMENT A: FINDINGS 1.0 CEQA FINDINGS 1.1 CEQA EXEMPTION The Zoning Administrator finds that the proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305. Please see Attachment C, Notice of Exemption. 1.2 LOCATION OF DOCUMENTS The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the Secretary of the Zoning Administrator located at 123 East Anapamu Street, Santa Barbara, CA 93101. 2.0 ADMINISTRATIVE FINDINGS A. Findings for all Tentative Maps. In compliance with the Subdivision Map Act, the review authority shall make the following findings for the Acquistapace Tentative Parcel Map, Case No. 15TPM- 00000-00005/TPM 14,817: 2.1 State Government Code 66473.1. The design of the subdivision for which a tentative map is required pursuant to 66426 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Parcel 1 is currently developed with approximately 5,081 sq. ft. of existing development. Parcel 2 is undeveloped. There is sufficient northern, southern, eastern, and western exposure to allow for passive heating or cooling systems to be provided on the site. 2.2. State Government Code 66473.5. No local agency shall approve a tentative map, or a parcel map for which a tentative map was not required, unless the legislative body finds that the proposed subdivision, together with the provisions for its design and improvement is consistent with the general plan required by Article 5 (commencing with 65300) of Chapter 3 of Division 1 or any specific plan adopted pursuant to Article 8 (commencing with 65450) of Chapter 3 of Division 1. The project is consistent with all applicable policies of the County s Comprehensive Plan. Adequate ingress/egress, infrastructure and public and private services are available to serve both parcels. Compliance with the project description and conditions of approval will ensure that the subdivision does not create any significant environmental impacts. The parcel sizes are consistent with those of the surrounding area and any future development will be required to be compatible with neighboring land uses. The project is also consistent with the requirements of the Land Use and Development Code, and Chapter 21, the County Subdivision Ordinance.
Acquistapace Tentative Parcel Map / Case No. 15TPM-00000-00005/TPM 14,817 Hearing Date: August 17, 2015 Attachment A: Findings Page # 2 2.3 State Government Code 66474. The following findings shall be cause for disapproval of a Tentative Parcel Map: a. The proposed map is not consistent with applicable general and specific plans as specified in 66451. The project is consistent with all applicable policies of the County Comprehensive Plan, as described in Section 5.0 of the Zoning Administrator staff report dated November 20, 2015. b. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Compliance with the project description and conditions of approval will ensure that the proposed Tentative Parcel Map is consistent with all applicable policies of the County s Comprehensive Plan, the Santa Barbara County Land Use and Development Code, and Chapter 21, the County Subdivision Ordinance. c. The site is not physically suitable for the type of development proposed. Adherence to the project description and conditions of approval will ensure that both parcels are sufficient in size for existing and future development of the lots. Future development will have adequate access and public services and will be compatible with the adjacent agricultural and commercial uses. Therefore, the site is physically suitable for development as shown on the project plans. d. The site is not physically suited for the proposed density of development. The subdivided parcels will meet the minimum lot size required by the AG-II-40 and C-S zone districts, and each parcel is adequate in size and shape to accommodate future development while minimizing environmental impacts. With implementation of the conditions of approval outlined in Attachment B of the Zoning Administrator staff report dated November 20, 2015 (incorporated herein by reference), potential impacts will be minimized. Adequate public and private services will be available to serve the project. As such, the site can be found physically suitable for the proposed density of development. e. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known sensitive plant or animal species located on the subject parcel.
Acquistapace Tentative Parcel Map / Case No. 15TPM-00000-00005/TPM 14,817 Hearing Date: August 17, 2015 Attachment A: Findings Page # 3 f. The design of the subdivision or type of improvements is likely to cause serious public health problems. There are no identified or likely public health problems or hazards associated with the lot split from future development of the two lots. Adequate water, utilities, and access are available to serve the parcels. The project is not located within an area of historic flood hazards and has been reviewed and approved by the County Fire Department, the County s Flood Control District, Environmental Health Services, and Air Pollution Control District. g. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The tentative parcel map will not conflict with any easements located on the property. The proposed driveways have been located outside of any public easements on the property that are used for utilities or access. No easements will need to be altered or relocated as a result of the project. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the subdivision. 2.4 State Government Code 66474.4. The legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds that either the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, and if the legislative body finds that the land is subject to any of the following: a. A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256. The project site is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256. b. An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5). The project site is not subject to an open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5).
Acquistapace Tentative Parcel Map / Case No. 15TPM-00000-00005/TPM 14,817 Hearing Date: August 17, 2015 Attachment A: Findings Page # 4 c. An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code. The project site is not subject to an agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code. d. A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code. The project site is not subject to a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code. 2.5 State Government Code 66474.6. The governing body of any local agency shall determine whether discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with 13000) of the Water Code. Waste discharge for parcel 1 will continue to be provided by the City of Santa Maria. Waste discharge for parcel 2 will be provided by a private septic system built in conformance with Environmental Health Services requirements. The County s Environmental Health Services department has reviewed the project and has determined that the lot created by this lot split will not be in violation of existing requirements prescribed by the California Regional Water Quality Control Board for the discharge of waste water. EHS has determined that a private septic disposal system will be feasible and adequate to serve domestic wastewater based on soil conditions and the size of the parcels. Future development will be subject to policies and plans in effect at the time such development is proposed. 3.0 TENTATIVE MAP FINDINGS A. The following, among others, shall be cause for disapproval of a tentative map including tentative parcel maps, but the tentative map may nevertheless be approved in spite of the existence of such conditions where circumstances warrant: 3.1 Easements or rights-of-way along or across proposed county streets which are not expressly subordinated to street widening, realignment, or change of grade by an instrument in writing recorded, or capable of being recorded, in the Office of the County Recorder, provided, however, that the Director of Public Works may approve such easements or rights-of-way without such subordinations. Easements or rights-of-way shall not be granted along or across proposed county streets before filing for record of the final subdivision map by the County Recorder, unless the Director of Public Works shall approve such grants. If the Director of Public Works does not grant such approvals within fourteen days from the date they were requested, they shall be deemed to have been refused. Appeal from refusal of the Director of Public Works to grant such approvals may be made in writing to the Board of Supervisors, which may overrule the Director of Public Works and grant such requested approvals in whole or in part.