SANTA BARBARA COUNTY MONTECITO PLANNING COMMISSION Staff Report for Klink Lot Line Adjustment and Modification

SANTA BARBARA COUNTY MONTECITO PLANNING COMMISSION Staff Report for Klink Lot Line Adjustment and Modification Deputy Director: Steve Chase Staff Report Date: May 5, 2006 Staff Contact: Alice Daly Case #s: 06LLA-00000-00007, 06MOD-00000-00008 Phone #: (805) 568-2059 Environmental Document: CEQA Section 15305(a) [minor alterations in land use limitations] OWNER/APPLICANT: John and Patricia Klink 1187 Coast Village Road, Suite 10M Santa Barbara, CA 93108 VICINITY MAP AGENT: Isaac Romero Suzanne Elledge Planning and Permitting 800 Santa Barbara Street Santa Barbara, CA 93101 805-966-2758 SURVEYOR: Barry Waters Waters Land Surveying 5553 Hollister Avenue Goleta, CA 93117 805-967-4416 Assessor Parcel Numbers 007-380-026, and -027, located at 1787 and 1795 Fernald Point in the Montecito area, First Supervisorial District. 1.0 REQUEST Hearing on the request of Isaac Romero, agent for the owners, John and Patricia Klink to consider: a) 06LLA-00000-00007 for approval of a Lot Line Adjustment under the provisions of County Code Chapter 21, to adjust lines between two parcels of 32,087 gross square feet and 14,154 gross square feet to create two parcels of 32,087 gross square feet and 14,154 gross square feet (no change in lot areas) in the 1-E-1 Zone District under Article II; b) 06MOD-00000-00008 for a Modification from the side yard setback regulations under the provisions of the 1-E-1 Zone District under Article II to allow a minimum three foot setback instead of the required five feet. Application Filed: April 26, 2006 Application Complete: May 2, 2006 Processing Deadline: 60 days from NOE

Page 2 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case Nos. 06LLA-00000-00007 and 06MOD-00000-00008 marked "Officially Accepted, County of Santa Barbara May 17, 2006, Montecito Planning Commission Exhibits A-D", based upon the project's consistency with the Comprehensive Plan, including the Montecito Community Plan, and based on the ability to make the required findings. The action of the Montecito Planning Commission should include the following: 1. Adopt the required findings for both projects specified in Attachment A of this staff report, including CEQA findings. 2. Accept the exemption, included as Attachment B pursuant to CEQA Section 15305(a), and 3. Approve both projects subject to the conditions included as Attachment C. Refer back to staff if the Montecito Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION The Lot Line Adjustment is being considered by the Montecito Planning Commission on Section 21-6 (a) of Chapter 21, Subdivision Regulations which states: The Santa Barbara Planning Commission shall be the decision-maker, except that the Zoning Administrator shall be the decision-maker for the following: (3) Lot Line Adjustments, as defined in State Subdivision Map Act, Govt. Code 66412.2 (d), of parcels located within the Urban and Inner-Rural Areas as designated by the Santa Barbara County Comprehensive Plan that result in four or fewer parcels. The project is located within the Urban Area as designated by the Comprehensive Plan, and will result in two adjusted parcels. The Modification is being considered by the Montecito Planning Commission on Article II Section 35-179.3 which states: The decision-maker for a Modification, pursuant to this Section, shall be the Zoning Administrator who upon making the findings required under this Section, may approve or conditionally approve Modifications to the regulations applicable to physical standards for land, buildings, and structures contained in this Article

Page 3 For the Lot Line Adjustment and the Modification, pursuant to the Santa Barbara County Code, Chapter 2, Section 2-25.2(a), the Montecito Planning Commission shall assume the powers and duties given to the Zoning Administrator and the Planning Commission under Article II in the Montecito area. 4.0 ISSUE SUMMARY Two separate legal lots comprise the oceanfront Klink property, although the two lots have been used as one 1.06 acre residential property since at least 1932, when the existing single-family residence was first constructed. Site development on the larger of the two lots includes a 6,021 square foot single-family residence, 458 square foot non-conforming second residential unit, 636 square foot non-conforming detached garage and a 375 square foot non-conforming beach cabana. Site development on the smaller and narrower lot includes a pool, a fountain, landscaping and patio areas. On November 16, 2005, the Montecito Planning Commission (MPC) approved a new single-family dwelling for the smaller of the two lots under case number 04CDH-00000-00042. The MPC approval included several new or revised project conditions that required design revisions, and a condition that directed the MBAR to take into consideration several specific additional design revisions during their review and approval process. The Klink New SFD project approved by the MPC is a 2,609 square foot two-story single-family residence with an attached 400 square foot 2-car garage, with a basement area below the garage to include lifters to store two additional cars at basement level. The proposed new home meets the recommended maximum floor area (FAR) for that parcel size specified in the Montecito Architectural Guidelines, and all zoning requirements. On November 28, 2005, Chip Wullbrandt, on behalf of neighbors Robert T. and Darcy Gelber, Paul and Sallie Flum, Ichak and Nurit Adizes and Larry and Shannon Grassini, submitted an appeal to the Board of Supervisors of the Montecito Planning Commission approval of the Klink New SFD. The appellants had a range of concerns, including size, scale and neighborhood compatibility, driveway access, potential impacts to trees, the scale and location of the garage and basement portions of the project and the expected intensification of use on the Klink property. Many of the appellants objections were driven by the placement of the proposed home on the Klink site: because of the long and narrow dimensions of the smaller parcel, with an average width of approximately 30-33 feet, the proposed home would be built right up to the required 5-foot side yard setbacks and would be approximately 14 feet from the easterly neighbors (the Gelbers) residence. According to the appellants, the second floor of the proposed Klink SFD would impact the Gelbers light and views, and the structural footprint and driveway would be potentially damaging to a specimen magnolia tree in the northeast corner of the parcel. Further, the neighbors expressed a desire for a site design that would work with the existing development on the larger of the Klink parcels to create more of an overall compound feel that would be compatible with neighboring estates.

Page 4 Prior to the Board of Supervisors (BOS) appeal hearing scheduled for April 18, 2006, two facilitation meetings, led by Alan Seltzer, then of County Counsel, were held in order to attempt to resolve the appellants issues. After the second meeting, a Memorandum of Agreement (see Attachment F) was executed by the applicants and the appellants legal counsels. It was agreed that if the Klinks could apply for and receive Lot Line Adjustment (LLA) and Modification (MOD) approvals that would allow the entire footprint of the proposed home to be shifted 4 feet further to the west on site, thereby providing the 9 foot side yard setback typical to the immediate neighborhood, and subject to certain other conditions as specified in the memorandum, the appellants would no longer oppose the project. The BOS appeal was continued to June 6, 2006, with direction to P&D staff to process the LLA and MOD applications, and to obtain the Montecito Planning Commission s recommendations on the applications prior to the June 6 th BOS continued hearing on the appeal. Both existing Klink parcels are legal non-conforming as to size. 1-E-1 zoning would require any newly configured parcels to be a minimum of 1 acre in size, but Lot Line Adjustment 06LLA-00000-00007 can be supported because the size of each non-conforming parcel would remain the same, and the minor reconfiguration of the line between the two Klink parcels would meet all Chapter 21-93.3a criteria for Lot Line Adjustment approval. The proposed LLA would move the western property line of the smaller parcel (APN 007-380-026) several feet further west in the vicinity of the proposed new SFD. In conjunction with the Modification request, the LLA would then allow the footprint of the proposed new house to be moved away from the easterly neighbor s house. A minor modification to the required side yard setback can be approved in the interest of better site design, practical difficulties and resource protection, among the reasons cited under Article II, Section 35-179.1. Per Section 35-179.2.3(b)(2), a side setback modification of up to 3 feet from the property line can be granted, which is why the request is for a 2-foot modification of the 5-foot setback. All the required findings for approval of Modification 06MOD-00000-00008, specified under Section 35-179.6 (see Attachment A) can be made. One of the findings requires the Montecito Board of Architectural Review (MBAR) to concur that the Modification is minor in nature and would result in better site or architectural design. At the time of the May 5, 2006 docket of the Staff Report, the MBAR has not yet made their finding, as they will review the Modification request at the May 8, 2006 meeting. Staff will recommend MBAR approval, and will update the MPC during the May 17 th hearing, after MBAR review has occurred. With both approvals, a more satisfactory overall site design can be achieved, driveway hardscape and the house footprint would be located further away from the magnolia tree of concern, and the appeal of the project could be resolved in a manner that would be satisfactory to all parties.

Page 5 5.0 PROJECT INFORMATION 5.1 Site Information Site Information Comprehensive Plan Designation Coastal, Urban, SRR-1.0, single-family residential Ordinance, Zoning District Site Size Present Use & Development Lot 1: Surrounding Uses/Zoning Access Public Services Article II, 1-E-1, Appeals Jurisdiction area, View Corridor Overlay Existing and Proposed Lot Sizes: APN 007-380-027 (Lot 1): 32,087 s.f. (gross), 30,837 (net) APN 007-380-026 (Lot 2): 14,154 s.f. (gross), 13,524 (net) Existing 6,021 s.f. single-family residence, 458 s.f. nonconforming second residential unit, 636 s.f. detached garage and 375 s.f. non-conforming pool cabana. Lot 2: Existing swimming pool, lawn, fountain, patio and stone wall (on the east property line), serving the existing single-family residence on Lot 1. North: Hwy 101, residential 1-E-1 South: Pacific Ocean East: residential, 1-E-1 West: residential, 1-E-1 Via private access drive from Fernald Point Lane, a private road Water Supply: Montecito Water District Sewer: Montecito Sanitary District Fire: Montecito Fire District 5.2 Background Information The existing single-family residence on the other westernmost lot at the project site was first constructed in 1932 under County Permit # 168, and repaired and remodeled three years later after fire damage. County records indicate that the legal non-conforming second dwelling unit, garage and beach cabana on

Page 6 that lot were also constructed during the 1932-1934 period. Construction of the existing swimming pool on the subject lot was approved under County permit # 38290 in 1967, and the beach cabana was rebuilt under permit # 48044 in 1970. The subject property acquired its present configuration through Deed # 89-057641, recorded August 30, 1989. Certificate of Compliance 00-CC-092, recorded on October 2, 2000, and Certificate of Compliance 00-CC-093, re-recorded on April 15, 2002, document the two separate lots that comprise the subject property at 1787 Fernald Point Lane, APN 007-380-008. The easternmost and smaller of the two separate lots under APN 007-380-008, where the existing pool is located and where a new residence is being proposed under separate permit, was originally purchased in 1938 from the then-owners of the property (the Soles) from their neighbors to the east (the Postells). 5.3 Project Description The applicant is proposing a Lot Line Adjustment (06LLA-00000-00007) between Assessor Parcel Numbers 007-380-027 (Parcel 1), and 007-380-026 (Parcel 2). APN 007-380-027 is 32,087 square feet (gross) and 30,837 square feet (net), and APN 007-380-026 is 14,154 square feet (gross) and 13,524 square feet (net). The proposed Lot Line Adjustment would not change the total area of either parcel, but would reconfigure the parcels so that the western lot line of Parcel 2 (APN 007-380-026) would reach approximately 3 feet further west in the vicinity of the footprint of the proposed new single-family dwelling approved under 04CDH- 00000-00042, and currently under appeal. A Modification (0MOD-00000-00008) is requested to allow a 2-foot encroachment into the required 5-foot side setback on the west property line of APN 007-380-026 (Parcel 2) in order to allow the footprint of a proposed new single-family dwelling, approved under 04CDH-00000-00042 and currently under appeal, to be moved further away from the property line of the easterly neighbor. Taken together, the Lot Line Adjustment and the Modification to the side yard setback will allow the footprint of the previously-approved proposed new SFD to be shifted 4 feet to the west, for a total setback of no less than 9 feet from the easterly property line. 6.0 PROJECT ANALYSIS 6.1 Environmental Review This project may be found categorically exempt pursuant to Section 15305(a) of the California Environmental Quality Act (CEQA). This section categorically exempts minor Lot Line Adjustments in areas with an average slope of less than 20% and which do not result in a change to land use or density. The area of the Lot Line Adjustment has an average slope of less than 10% and there are no environmental impacts in this minor adjustment in the lot line. Section 15305(a) also exempts minor setback variances. Water and sanitary services are available to both lots. The project would not create significant impacts on trees, native vegetation, or archaeological resources. Therefore, the environmental analysis of the project indicates that the adjustment would not have any impact on the surrounding environment and is consistent with this categorical exemption.

Page 7 6.2 Coastal & Montecito Community Plan Consistency Coastal Policy 2-6: Prior to the issuance of a development permit, the County shall make the finding, based on 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. Coastal Plan Policy 4-4: In areas designated as urban on the land use plan and in designated rural neighborhoods, new structures shall be compatible with the scale and character of the surrounding neighborhood. Montecito Community Plan Policy LU-M-1.1: Architectural and development guidelines shall be adopted, implemented, and enforced by the County in order to preserve, protect and enhance the semi-rural environment of Montecito and the natural mountainous setting. Coastal Plan Policy 4-7: Utilities shall be placed Consistent: The Montecito Water District and the Montecito Sanitary District have issued Can and Will Serve letters for the proposed new SFD on Lot 2. Access to the project site would be via a proposed driveway off of Fernald Point Lane, a private road. Driveway dimensions and access would be according to Montecito Fire District specifications. Wastewater disposal would be provided by the Montecito Sanitary District. Consistent: The proposed Klink projects received six conceptual reviews by the Montecito Board of Architectural Review (MBAR), and would be required to receive final approval from the MBAR before Coastal Development Permit issuance. Through conformance with MBAR requirements, the proposed development would be compatible with the scale and character of the surrounding neighborhood. The proposed new SFD would conform to the height limit (<25 feet), setbacks, parking and other specifications of Article II Sec. 35-71 for R-1/E-1 Single-Family Residential development. The proposed development also meets all criteria specified in Article II Sec. 35-96 for a View Corridor Overlay District. The proposed new 2,602 square foot single family dwelling on a lot of 14,154 gross square feet would meet the Montecito Architectural Guidelines and Development Standards FAR guidelines. At the time of the May 5, 2006 docket of the Staff Report, the MBAR has not yet made their required Modification finding, as they will review the Modification request at the May 8, 2006 meeting. Staff will recommend MBAR approval, and will update the MPC after MBAR review has occurred. Approval of the MOD and LLA will allow for a 9 foot side yard setback consistent with setbacks in the neighborhood, and will also move the proposed new SFD closer to the existing SFD on the other Klink parcel, which will improve the compound design of the entire Klink site, as desired by the neighbors. Consistent: All utility lines to the proposed

Page 8 underground in new developments in accordance with the rules and regulations of the California Public Utilities Commission, except where cost of undergrounding would be so high as to deny service. Coastal Plan Policy 2-11: All development adjacent to areas designated on the land use plan or resource maps as environmentally sensitive habitat areas shall be regulated to avoid adverse impacts on habitat resources. Coastal Plan Policy 9-1: Prior to the issuance of a development permit, all projects on parcels with a Habitat Area overlay designation or within 250 feet of such designation shall be found to be in conformity with the applicable habitat protection policies of the land use plan. All development plans, grading plans, etc, shall show the precise location of the habitat(s) potentially affected by the proposed project. Coastal Policy 9-35: Oak trees, because they are particularly sensitive to environmental conditions, shall be protected. Coastal Policy 9-36: When sites are graded or developed, areas with significant amounts of native vegetation shall be preserved. All development shall be sited, designed, and constructed to minimize impacts of grading, paving, construction of roads or structures, runoff, and erosion on native vegetation. In particular, grading and paving shall not adversely affect root aeration and stability of native trees. Montecito Community Plan Policy BIO-M-1.3: Environmentally Sensitive Habitat (ESH) areas within the Montecito Planning Area shall be protected, and where appropriate, enhanced. Coastal Policy 10-5: Native Americans shall be consulted when development proposals are submitted which impact significant archeological or cultural sites. Montecito Community Plan Policy CR-M-2.1: Significant cultural, archaeological and historic resources in the Montecito area shall be protected and preserved to the extent feasible. development will be undergrounded as per condition #13 of the Conditions of Approval for 04CDH-00000-00042 (Klink New SFD). Consistent: A portion of Picay Creek, mapped as an ESH area, runs through the northwest corner of the subject lot. Picay Creek is channelized with concrete walls in the project area, and the paved Fernald Point Lane (a private access road) runs between the creek and the proposed new development. Construction would be required to avoid any disturbances to the ESH area, and all specimen trees on the parcel would be fenced and protected from construction impacts. Grading would be minimal, and there would be no runoff or erosion into the ESH area of the parcel. The proposed minor Lot Line Adjustment and Modification requests would not create any adverse impacts on Environmentally Sensitive Habitat (ESH) areas, and would in fact facilitate a lessening of potential impacts to a large specimen magnolia tree, as the LLA and MOD would move the driveway and structural footprint further away from the roots of the tree. Consistent: The proposed development is not in the immediate vicinity of any known cultural resource sites. The closest known area of significance is approximately ¼ to ½ mile away. In order to be fully protective of potential resources, Condition # 14 of 04CDH-00000-00042 (Klink New SFD) would require that in the event that any cultural resources were

Page 9 Montecito Community Plan Policy LU-M-1.1: Architectural and development guidelines shall be adopted, implemented, and enforced by the County in order to preserve, protect and enhance the semi-rural environment of Montecito and the natural mountainous setting. encountered during construction, work would be halted until the significance of the find could be appropriately evaluated. The proposed LLA and MOD would not have any impact on cultural resources. Consistent: Condition of Approval #3 for the proposed Klink New SFD (04CDH-00000-00042) specifies that final approval by the MBAR must be received prior to permit issuance. At the time of the May 5, 2006 docket of the Staff Report, the MBAR has not yet made their required Modification finding, as they will review the Modification request at the May 8, 2006 meeting. Staff will recommend MBAR approval, and will update the MPC after MBAR review has occurred. Montecito Community Plan Policy F-M-2.1: The County shall cooperate with the Montecito Fire Protection District while reviewing Fire District requirements applied to ministerial and discretionary development projects regarding access, vegetation clearance, and improvements with the intent of protecting development from fire hazards while maintaining community character and quality of life and preventing adverse environmental impacts. Consistent: The proposed Klink New SFD is conditioned to conform to all requirements specified by the Montecito Fire District, and the proposed LLA and MOD would not adversely impact the ability to meet all Fire requirements. Montecito Community Plan Policy PRT-M- 1.6: New development shall not adversely impact existing recreational facilities and uses. Consistent: The Montecito Community Plan PRT map does not depict any trails or recreational facilities in the vicinity of the parcels that are part of the proposed Lot Line Adjustment, and the proposed Lot Line Adjustment does not propose any new structural development. 6.3 Ordinance Compliance

Page 10 The Modification request would be consistent with all Article II Section 35-179 requirements for Modifications, and with the Section 35-179.1 specified purpose and intent for allowing minor modifications to setback regulations. All required Finding for a MOD approval can be made (see Attachment A). The Lot Line Adjustment request is consistent with all Chapter 21 (County Subdivision Regulations) Section 21-93 Findings for approval of a Lot Line Adjustment (see Attachment A). The Klink parcels are zoned 1-E-1, Single-Family Residential, in a Coastal Commission Geographic Appeals area. The proposed Klink New SFD would conform to all specifications of Article II Sec. 35-71 for R-1/E-1 Single-Family Residential development and also meets all criteria specified in Article II Sec. 35-96 for a View Corridor Overlay District, and is being processed in accordance with Article II Sec. 35-169.5 criteria for a Coastal Development Permit in a Geographic Appeals area. 6.4 Subdivision/Development Review Committee The proposed new residence was seen by SDRC on December 16, 2004. A grading and drainage plan and soils report will be required at the time of the Building Permit application for the proposed new residence under 04CDH-00000-00042, and the proposed project would be required to meet all Fire Department conditions and requirements. The LLA and MOD requests are minor, and would not change any SDRC conditions or requirements for the project. 6.5 Montecito Board of Architectural Review The Montecito Board of Architectural Review (MBAR) will review Modification request 06MOD-00000-00008 on May 8, 2006, with the staff recommendation that the MBAR grant preliminary approval to the proposed project and make the required Findings for a Modification. The proposed Klink projects have received six conceptual reviews by the Montecito Board of Architectural Review (MBAR), and would be required to receive final approval from the MBAR before issuance of Coastal Development Permit for the proposed new SFD. Through conformance with MBAR requirements, the proposed development would be compatible with the scale and character of the surrounding neighborhood. The proposed new SFD would conform to the height limit (<25 feet), setbacks, parking and other specifications of Article II Sec. 35-71 for R-1/E-1 Single-Family Residential development. The proposed development also meets all criteria specified in Article II Sec. 35-96 for a View Corridor Overlay District. The proposed new 2,602 square foot single family dwelling on a lot of 14,154 gross square feet would meet the Montecito Architectural Guidelines and Development Standards FAR guidelines. 7.0 APPEALS PROCEDURE The action of the Montecito Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days of said action.

Page 11 The action of the Board of Supervisors may be appealed to the Coastal Commission within ten (10) working days of receipt by the Coastal Commission of the County's notice of final action. ATTACHMENTS A. Findings B. CEQA Exemption, Section 15305(a) C. Lot Line Adjustment Conditions of Approval D. Modification Conditions of Approval E. Site Plan F. Memorandum of Agreement G:\GROUP\Permitting\Case Files\CDH\04_cases\04CDH-00000-00042\SR for LLA and MOD.DOC

Page A-1 ATTACHMENT A: FINDINGS 1.0 CEQA FINDINGS Find that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15305(a). 2.0 LOT LINE ADJUSTMENT FINDINGS FOR APPROVAL The County Subdivision Regulations (Chapter 21 of the County Code) provide that a Lot Line Adjustment should not be approved unless all of the standards for approval of a Lot Line Adjustment as stated in Section 21-93 are met. Pursuant to the discussion in the staff report dated May 5, 2006 and incorporated herein by reference, and the Standards of Approval set forth below, the project is consistent with the policies and provisions of the Comprehensive Plan, Montecito Community Plan, and Chapters 21 and Chapter 35 of the County Code: 1. The Lot Line Adjustment is in conformity with the County General Plan and the purposes and policies of Chapter 35 of this code, the Zoning Ordinance of the County of Santa Barbara. The project involves a minor adjustment to two existing lots and would not result in any inconsistencies with the Comprehensive (General) Plan policies or Article II zoning requirements. 2. No parcel involved in the Lot Line Adjustment that is conforming as to size prior to the adjustment shall become nonconforming as to size as a result of the adjustment. Both lots are currently already non-conforming as to size for the 1-E-1 zone district. 3. 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: Both lots are currently already non-conforming as to size for the 1-E-1 zone district, but pursuant to Section 21-93(a), fewer than 4 parcels are involved in the adjustment, there would not be increased subdivision potential for any affected parcel and the lot line adjustment would not result in a greater number of residentially developable parcels than existed prior to the adjustment.

Page A-2 4. The Lot Line Adjustment will not increase any violation of parcel width, setback, lot coverage, parking or other similar requirement of the applicable zone district, or make an existing violation more onerous. Both parcels are currently non-conforming as to size. Under the proposed Lot Line Adjustment, each parcel would retain its current square footage, and as a resultthere would be no increase in existing non-conformities for existing or proposed development on site. There are no existing zoning violations on either parcel. 5. The subject properties are in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks and any other applicable provisions of this Article or the Lot Line Adjustment has been conditioned to require compliance with such rules and regulations and such zoning violation fees imposed pursuant to applicable law has been paid. This finding shall not be interpreted to impose new requirements on legal non-conforming uses and structures under the respective County Ordinances. With approval of the requested Modification to the side yard setback for the proposed new SFD, the subject properties would be in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks and all other applicable provisions of Article II. There are legal non-conforming structures on the subject properties, and there are no zoning violations or unpaid zoning violation fees. 6. Conditions have been imposed to facilitate the relocation of existing utilities, infrastructure and easements. The proposed location for future utility easements and the locations of existing utility easements will be recorded with the tentative map for the proposed Lot Line Adjustment. 3.0 MODIFICATION FINDINGS 3.1 Pursuant to Section 35-179.6 of the Article II Zoning Ordinance, a Modification shall only be approved if all of the following findings are made: 3.1.1 The project is consistent with the Coastal Act, Comprehensive Plan including the Local Coastal Plan and any applicable Community Plan. As conditioned to require final approval by the Montecito Board of Architectural Review (MBAR), the proposed project would be consistent with all applicable policies of the Coastal Act, Comprehensive Plan including the Local Coastal Plan and the Montecito Community Plan, as discussed in Section 6.2 of this staff report and incorporated herein by reference. The project is subject to review by the Montecito Board of Architectural Review (MBAR) and would be conditioned to receive final MBAR approval prior to issuance of the zoning clearance for the project. Therefore this finding may be made.

Page A-3 3.1.2 The project complies with the intent and purpose of the applicable Zone District(s) including, Overlays, this Section and this Article. As discussed in Sections 6.2 and 6.3 of the Staff Report and incorporated herein by reference, subject to approval of the Modification, the project complies with the intent, purpose, and district regulations of the Article II 1-E-1 Zoning Ordinance. The project is a residential project in a portion of the County that is zoned for residential use. The proposed minor Modification would perpetuate the distinctresidential character of the Fernald Point neighborhood and would not cause any significant visual impacts to any of the surrounding residences. Therefore, this finding can be made. 3.1.3 The Modification is minor in nature and will result in better site, or architectural design, as approved by the Board of Architectural Review, and/or will result in greater resource protection than the project without such Modification. Preliminary review and approval of the Modification is anticipated at the May 8, 2006 hearing of the Montecito Board of Architectural Review (MBAR). It will be recommended that the MBAR make the required findings that the setback Modification is minor in nature and will result in better site design. Therefore, this finding can be made. 3.1.4 The project is compatible with the neighborhood and does not create an adverse impact to community character, aesthetic, or public views. The Modification and Lot Line Adjustment would allow for provision of a 9 foot setback consistent with the established pattern in the neighborhood and would provide for a more compound oriented estate design on the Klink parcels. 3.1.5 Any Modification of parking and loading zone requirements will not adversely affect the demand for on street parking in the immediate area. This request is not for a modification of parking or loading zone requirements and would not have any impact on street parking in the immediate area. 3.1.6 The project is not detrimental to existing physical access, light, solar exposure, ambient noise levels or ventilation on or off-site. The requested modification will not be detrimental to existing physical access, light, solar exposure, ambient noise levels or ventilation on or offsite. Therefore this finding can be made. 3.1.7 Any adverse impacts are mitigated to a level of insignificance. There are no adverse impacts associated with this modification request. No grading or site preparation would be required and no trees would be removed for the proposed project. There are no impacts on any known biological resources. Therefore this finding can be made.

Page B-1 ATTACHMENT B: ENVIRONMENTAL DOCUMENT NOTICE OF EXEMPTION TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Planning and Development, Development Review Division Based on a preliminary review of the project the following activity 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. APNs: 007-380-026, and -027 Case Nos.: 06LLA-00000-00007, 06MOD-00000-00008 Location: located at 1787 and 1795 Fernald Point in the Montecito area, First Supervisorial District Project Title: Klink Lot Line Adjustment and Modification Project Description: A Lot Line Adjustment (06LLA-00000-00007) is proposed between Assessor Parcel Numbers 007-380-027 (Parcel 1), and 007-380-026 (Parcel 2). APN 007-380-027 is 32,087 square feet (gross) and 30,837 square feet (net), and APN 007-380-026 is 14,154 square feet (gross) and 13,524 square feet (net). The proposed Lot Line Adjustment would not change the total area of either parcel, but would reconfigure the parcels so that the western lot line of Parcel 2 (APN 007-380-026) would reach approximately 3 feet further west in the vicinity of the footprint of the proposed new single-family dwelling approved under 04CDH-00000-00042. A Modification (0MOD-00000-00008) is requested to allow a 2-foot encroachment into the required 5-foot side setback on the west property line of APN 007-380-026 (Parcel 2) in order to allow the footprint of a proposed new single-family dwelling, approved under 04CDH-00000-00042, to be moved further away from the property line of the easterly neighbor. Taken together, the Lot Line Adjustment and the Modification to the side setback will allow the footprint of the proposed new SFD to be shifted 4 feet to the west, for a total setback of no less than 9 feet from the easterly property line. Exempt Status: (Check one) Ministerial X Categorical Exemption No Possibility of Significant Effect [Sec. 15061 (b,3)]. Statutory Emergency Project

Page B-2 CEQA Guideline Section: 15305(a) [Minor Lot Line Adjustments and Minor Setback Variances] Reasons to support exemption findings: Section 15305 (a) categorically exempts minor Lot Line Adjustments in areas with an average slope of less than 20% and which do not result in a change to land use or density. The area of the Lot Line Adjustment has an average slope of less than 10% and there are no environmental impacts in this minor adjustment in the lot line. Section 15305(a) also exempts minor setback variances. All public services would be available to serve the subject property. The project would not result in any change to land use. The project would not impact any environmentally sensitive habitat areas. No significant environmental effects are anticipated. The project would not impact any native trees or vegetation or archaeological resources. The project would not require any grading, and no native vegetation or specimen trees are proposed to be removed. The project would not authorize any physical development. Therefore, the project is consistent with this categorical exemption and no further environmental review is required. Department/Division Representative Date: Acceptance Date: [ 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. Distribution: Hearing Support Staff Project file (when P&D permit is required) Date Filed by County Clerk G:\GROUP\Permitting\Case Files\CDH\04_cases\04CDH-00000-00042\SR for LLA and MOD.DOC

Page C-1 ATTACHMENT C: Lot Line Adjustment Conditions of Approval 1787 and 1795 Fernald Point Lane COASTAL DEVELOPMENT PERMIT ARTICLE II, CHAPTER 35 CASE # 06LLA-00000-00007 1. Approval of Lot Line Adjustment 06LLA-000000-00007 is based upon and limited to compliance with the project description, Montecito Planning Commission Staff Report dated May 5, 2006 and conditions of approval set forth below. Any deviations from the project description or the conditions must be reviewed and approved by the Planning and Development Department for conformity with this approval. Deviations from the project description or conditions of approval may require a modification to project conditions and further environmental review. The project description is as follows: The applicant is proposing a Lot Line Adjustment (06LLA-00000-00007) between Assessor Parcel Numbers 007-380-027 (Parcel 1), and 007-380-026 (Parcel 2). APN 007-380-027 is 32,087 square feet (gross) and 30,837 square feet (net), and APN 007-380-026 is 14,154 square feet (gross) and 13,524 square feet (net). The proposed Lot Line Adjustment would not change the total area of either parcel, but would reconfigure the parcels so that the western lot line of Parcel 2 (APN 007-380-026) would reach approximately 3 feet further west in the vicinity of the footprint of the proposed new single-family dwelling approved under 04CDH-00000-00042. Taken together, the Lot Line Adjustment and the Modification to the side yard setback proposed under 06MOD-00000-00008 will allow the footprint of the proposed new SFD to be shifted 4 feet to the west, for a total setback of no less than 9 feet from the easterly property line. 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 conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the conditions of approval hereto. 2. Prior to filing a Record of Survey or other documents used to record the Lot Line Adjustment, the applicant shall pay all applicable P&D permit processing fees in full. 3. Prior to filing of a Record of Survey or other document used to record the Lot Line Adjustment and subject to P&D approval as to form and content, the applicant shall

Page C-2 include all of the project conditions associated with or required by this project approval on a separate informational sheet to be recorded with the deed for the newly configured lots. 4. The following language shall be included on the deeds arising from the Lot Line Adjustment: This deed arises from the Lot Line Adjustment 06LLA-00000-00007 and defines a single parcel within the meaning of California Civil Code Section 1093. Any document used to record the Lot Line Adjustment shall include a statement that the document arises from a Lot Line Adjustment that is intended to identify two legal parcels. 5. A notice of the Lot Line Adjustment shall be recorded with the deed of each property to be adjusted. Said notice shall include the following: 1. Legal description for each adjusted parcel; and 2. Statement of the findings and conditions approving the Lot Line Adjustment. 6. Two copies of the Record of Survey or other documents used to record the Lot Line Adjustment and required review fees in effect at the time shall be submitted to Planning and Development (P&D) for compliance review of P&D conditions before P&D will issue final clearance to the County Surveyor. 7. Lot Line Adjustment 06LLA-00000-00007 shall expire three years after approval or conditional approval by the final decisionmaker unless otherwise provided in the Subdivision Map Act, Government Code 66452.6. 8. 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 in the time period provided for in section 66499.37, 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 Zoning Administrator and no approval shall be issued unless substitute feasible mitigation conditions/measures are imposed. 9. 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 06LLA-00000-00007. 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. G:\GROUP\Permitting\Case Files\CDH\04_cases\04CDH-00000-00042\SR for LLA and MOD.DOC

Page C-3 ATTACHMENT D: Modification Conditions of Approval 1795 Fernald Point Lane COASTAL DEVELOPMENT PERMIT ARTICLE II, CHAPTER 35 CASE # 06MOD-00000-00008 1. Approval of Modification 06MOD-00000-00008 is based upon and limited to compliance with the project description, Montecito Planning Commission Staff Report dated May 5, 2006 and conditions of approval set forth below. Any deviations from the project description or the conditions must be reviewed and approved by the Planning and Development Department for conformity with this approval. Deviations from the project description or conditions of approval may require a modification to project conditions and further environmental review. The project description is as follows: A Modification (0MOD-00000-00008) is requested to allow a 2-foot encroachment into the required 5-foot side yard setback on the west property line of APN 007-380-026 (Parcel 2) in order to allow the footprint of a proposed new single-family dwelling, approved under 04CDH-00000-00042, to be moved further away from the property line of the easterly neighbor. Taken together, the Modification to the side yard setback and the Lot Line Adjustment proposed under 06LLA-00000-00007 will allow the footprint of the proposed new SFD to be shifted 4 feet to the west, for a total setback of no less than 9 feet from the easterly property line. 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 conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the conditions of approval hereto. 2. This Modification is not valid until a Land Use Permit for the development and/or use has been obtained. Failure to obtain said Land Use Permit shall render this Modification null and void. Prior to the approval of the Land Use Permit, all of the conditions listed in this Modification that are required to be satisfied prior to approval of the Land Use Permit must be satisfied. Upon issuance of the Land Use Permit, the Modification shall be valid. The effective date of this approval shall be the date of expiration of the appeal period, or if appealed, the date of action by the Board of Supervisors.

Page C-4 3. This Modification shall expire one year from the date of approval if a Coastal Development Permit has not been issued for the modified building or structure. Once the building or structure has been granted a Coastal Development Permit, the Modification shall have the same expiration date as the issued Coastal Development Permit. 4. Any use authorized by this Modification shall immediately cease upon expiration of this Modification. Modification renewals under 35-179.7 of the Article II Zoning Ordinance must be applied for prior to expiration of the Modification. G:\GROUP\Permitting\Case Files\CDH\04_cases\04CDH-00000-00042\SR for LLA and MOD.DOC