Overholtzer Tenative Parcel Map, 08TPM-00000-00003 Page B-1 I. PROJECT DESCRIPTION ATTACHMENT B: CONDITIONS OF APPROVAL Overholtzer Tentative Parcel Map Case No. 08TPM-00000-0003/TPM 14,744 Date: October 13, 2010 1. This Tentative Parcel Map is based upon and limited to compliance with the project description, the hearing exhibits marked Exhibit #1, dated October 13, 2010, and all conditions of approval set forth below, including specified plans and agreements included by reference, as well as all applicable County rules and regulations. The project description is as follows: The Overholtzer Tentative Parcel Map is a request to subdivide an existing 12.0-acres gross/net parcel into two parcels of 7.0 acres gross/net (proposed Parcel 1) and 5.0 acres gross/net (proposed Parcel 2). The subject parcel currently contains a total of 6,138 square feet of development. After approval of the lot split, the existing, currently unpermitted 3,162 square foot single family dwelling, arena and stalls would be located on Proposed Parcel 1; submittal of a complete Land Use Permit application for the unpermitted SFD would be required prior to map recordation. Proposed Parcel 2 would contain the existing, permitted 2,604 square foot single family dwelling, 156 square foot detached garage and 216 square foot storage shed. No new development is proposed or would be permitted, beyond the footprint and intensity currently used by the two existing single family dwellings on the existing 12.0-acre parcel. Future development or intensifications, including road improvements, would require a recorded map modification and further CEQA review because of the moderate probability for impacts to the California tiger salamander (CTS). The existing development on proposed Parcels 1 and 2 would continue to be served by an existing private well via a shared water system. The existing development would also continue to be served by two existing onsite private septic systems, one of which would be permitted as part of the proposed action. Access would continue to be provided from an existing 20-foot wide driveway via Dominion Road. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of the 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 thereto. 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.
Overholtzer Tenative Parcel Map, 08TPM-00000-00003 Page B-2 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. II. PROJECT SPECIFIC CONDITIONS 2. Recorded Map Modification. No new development is proposed or would be permitted, beyond the footprint and intensity currently used by the two existing single family dwellings on the existing 12.0-acre parcel. Future development or intensifications, including road improvements, would require a recorded map modification and further CEQA review because of the moderate probability for impacts to the California tiger salamander (CTS). 3. Land Use Permit for Unpermitted Dwelling. Prior to map recordation, the applicant shall submit to Planning & Development a complete Land Use Permit application. The applicant shall pay all applicable fees, including Development Impact Mitigation Fees for the LUP, and acquire the Land Use Permit within 90 days of map recordation. 4. CA Dept. of Fish & Game. Prior to land use permit approval for future structures, the applicant shall obtain all necessary permits from the California Department of Fish & Game. Plan Requirements and Timing: Prior to land use permit approval, the applicant shall obtain the required permits. This requirement shall be included on all building and grading plans submitted for future structural development. III. CONDITIONS UNIQUE TO TENTATIVE PARCEL MAPS 5. Maps-Info. Prior to recordation of the tentative map and subject to P&D approval as to form and content, the Owner/Applicant shall include all of the conditions, agreements and specific plans associated with or required by this project approval on a separate informational sheet(s) to be recorded with the Parcel Map. All applicable conditions of the project shall be printed on grading and/or building plans and shall be graphically illustrated where feasible. 6. Maps-Future Lots. Any lot created by the recordation of this Tentative Map is subject to the conditions of this Tentative Map during any future grading or construction activities and during any subsequent development on any lot created by the recordation of this Tentative Map, each set of plans accompanying any permit for development shall contain the conditions of this Tentative Map. 7. Maps-Not Retroactive. If Land Use Permits are obtained prior to recordation, conditions will not apply retroactively to the previously issued permit.
Overholtzer Tenative Parcel Map, 08TPM-00000-00003 Page B-3 8. TPM, TM, LLA Submittals. Prior to recordation of the Parcel Map, the Owner/Applicant shall submit a Parcel Map prepared by a licensed land surveyor or Registered Civil Engineer to the County Surveyor. The Map shall conform to all approved exhibits, the project description and conditions of approval as well as all applicable Chapter 21-Land Division requirements, as well as applicable project components required as part of recorded project conditions. 9. Access Easement. The Owner/Applicant shall enter into and record an agreement in a form acceptable to and approved by the County Counsel and the Planning and Development to reserve an Access easement over Parcel 1 in favor of Parcel 2 at the time of conveyance of either parcel. This agreement is to be recorded with the appropriate instruments as determined by the County Surveyor. 10. Waterline Easement. The Owner/Applicant shall enter into and record an agreement in a form acceptable to and approved by the County Counsel and the Planning and Development to reserve a waterline easement over Parcel 1 in favor of Parcel 2 at the time of map recordation. This agreement is to be recorded with the appropriate instruments as determined by the County Surveyor. 11. Electrical Utilities. Electrical utilities shall be installed underground. IV. COUNTY RULES AND REGULATIONS 12. Additional Permits Required. The use and/or construction of any structures or improvements authorized by this approval shall not commence until the all necessary planning and building permits are obtained. Before any Permit will be issued by Planning and Development, the Owner/Applicant must obtain written clearance from all departments having conditions; such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions. A form for such clearance is available from Planning and Development. 13. Acceptance of Conditions. The Owner/Applicant s acceptance of this permit and/or commencement of use, construction and/or operations under this permit shall be deemed acceptance of all conditions of this permit by the Owner/Applicant. 14. Sale of Site. The project site and any portions thereof shall be sold, leased or financed in compliance with the exhibit(s), project description and the conditions of approval including all related covenants and agreements. 15. Maps/LLA Revisions. If the unrecorded Tentative Map is proposed to be revised, including revisions to the conditions of approval, the revisions shall be approved in the same manner as the originally approved Tentative Map. 16. Processing Fees Required. Prior to map recordation, the Owner/Applicant shall pay all applicable P&D permit processing fees in full as required by County ordinances and resolutions.
Overholtzer Tenative Parcel Map, 08TPM-00000-00003 Page B-4 17. Other Dept Conditions. Compliance with Departmental/Division letters required as follows: 1. Flood Control-Water Agency dated March 17, 2008 2. County Surveyor s Office dated November 10, 2008 3. Fire Department dated October 5, 2009 4. Environmental Health Services Division dated August 17, 2010 5. Air Pollution Control District dated September 1, 2010 6. Parks Department dated September 21, 2010 7. Transportation Division dated September 22, 2010 18. Map/LLA Expiration. This Tentative Map shall expire three years after approval by the final county review authority unless otherwise provided in the Subdivision Map Act and Chapter 21 of the Santa Barbara County Code. 19. Indemnity and Separation. The Owner/Applicant shall defend, indemnify and hold harmless the County or its agents or 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 Tentative Parcel. In the event that the County fails promptly to notify the Owner / 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. 20. Legal Challenge. In the event that any condition imposing a fee, exaction, dedication or other 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 in 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 review authority and no approval shall be issued unless substitute feasible conditions/measures are imposed. Revised 11/2009 G:\GROUP\PERMITTING\CASE FILES\TPM\08 CASES\08TPM-00000-00003 OVERHOLTZER\SR\OVERHOLTZER STAFF REPORT 9.24.10.DOC