SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT February 15, 2013 PROJECT: Galbraith Lot Line Adjustment HEARING DATE: March 4, 2013 STAFF/PHONE: J. Ritterbeck, (805) 568-3509 GENERAL INFORMATION Case No.: 08LLA-00000-00007 Applicant / Phone: Blue Galbraith 5613 W. Camino Cielo Santa Barbara, CA 93105 (805) 896-1281 Architect / Phone: Mark Reinhardt MNS Engineers, Inc. 201 N. Calle Cesar Chavez, #300 Santa Barbara, CA 93103 (805) 692-6921 Project Location 5613 W. Camino Cielo Parcel #1 Parcel #2 1.0 EXECUTIVE SUMMARY The project is for a Lot Line Adjustment in compliance with Section 21-90 of County Code Chapter 21, to adjust property lines between two adjacent existing lots of 9.08-acres (Parcel #1 - APN 153-120-007) and 2.30- acres (Parcel #2 - APN 153-110-009). If approved, Parcel #1 would become a 5.12-acre lot and Parcel #2 would become a 6.26-acre lot. Parcel #1 would remain a conforming lot as to size for the RR-5 zone and Parcel #2 would become a lot with split-zoning between RR-5 and MT-GOL-100. Although the 6.26-acre Parcel #2 would conform to the RR-5 (minimum 5-acre lot) zone size requirement, it would remain nonconforming with respect to the MT-GOL-100 zone (minimum 100-acres). The applicant is also proposing development envelopes on both lots in order to protect steep slopes and natural resources and to comply with all applicable development policies of the Comprehensive Plan, including the Goleta Community Plan.
Page 2 2.0 REQUEST Hearing on the request of Blue Galbraith, property owner, to consider case number 08LLA-00000-00007, [application filed on July 3, 2008] for approval of a Lot Line Adjustment in compliance with Section 21-90 of County Code Chapter 21 and Section 35.30.110 of the County Land Use and Development Code (LUDC) to adjust the parcel boundary line between two existing adjacent legal lots under common ownership; and to determine that the project is exempt from CEQA pursuant to Section 15305 of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP Nos. 153-120-007 (Parcel #1) and 153-110-009 (Parcel #2), zoned RR-5 and MT-GOL-100, respectively, located at 5613 West Camino Cielo, in the Los Padres National Forest and within the Rural-Inland area of Santa Barbara County, Second Supervisorial District. 3.0 RECOMMENDATION Follow the procedures outlined below and conditionally approve Case No. 08LLA-00000-00007, as depicted on the reduced plan sheets prepared by MNS Engineers, Inc., dated January 31, 2013 and included as Attachment D to this staff report, dated February 15, 2013, based upon the project s consistency with the Comprehensive Plan, including the Goleta Community Plan, and based upon the ability to make the required findings. The Zoning Administrator s action should include the following: Make the required findings for approval of 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 15305, included as Attachment C; Approve the project, case number 08LLA-00000-00007 subject to the conditions of approval included as Attachment B. Please refer back to staff if the Zoning Administrator takes other than the recommended action for appropriate findings and conditions. 4.0 PROJECT SPECIFICATIONS Site Size: Comprehensive Plan Designation: Zoning / Ordinance: Parcel #1 Existing 9.08-acres Proposed 5.16-acres [gross] Parcel #2 Existing 2.30-acres Proposed 6.22-acres [gross] Parcel #1 Inland, Residential Ranchette, Goleta Community Plan, EDRN Parcel #2 Inland, Open Lands / Mountainous Area (MA-100), Goleta Community Plan, EDRN Parcel #1 RR-5, Residential Ranchette (min. lot size 5-acres) Parcel #2 MT-GOL-100, Mountainous Area (min. lot 100-acres) Surrounding Use, Zoning: North: RR-5 - Residential Ranchette South: MT-GOL-100, Mountainous Area East: MT-GOL-100, Mountainous Area West: RR-5 - Residential Ranchette
Page 3 Existing Services: Water: Parcel #1 - Haney Tract #2 Mutual Water Company Parcel #2 - Private single-parcel water well Sewer: Both lots served by private septic Fire: Santa Barbara County Fire Department Access: Private access drive taken from West Camino Cielo Present Use and Development: 5.0 PROJECT ANALYSIS Parcel #1 Presently developed with an existing 1,331 sq. ft. singlefamily dwelling, a 1,169 sq. ft. garage/workshop, a 740 sq. ft. guesthouse and a swimming pool. Parcel #2 Presently developed with a 1,440 sq. ft. agricultural greenhouse, a 1,157 sq. ft. shade structure and three temporary agricultural storage containers totaling approx. 750 sq. ft. 5.1 BACKGROUND The purpose of this Lot Line Adjustment is to reconfigure the shared lot line between two existing developable lots. The new lot line would alleviate the significant topographic constraints on Parcel #2 and ease the ability to develop the lot in the future with a single-family dwelling that would require less extensive footings and caissons to support the structure, while protecting significant visual and geologic resources. Existing development on Parcel #1 consists of a 1,331 sq. ft. single-family dwelling, a 1,169 sq. ft. garage / workshop, a 740 sq. ft. guesthouse and a swimming pool. All structures except the guesthouse are legally permitted. The existing development on Parcel #2 consists of a 1,440 sq. ft. agricultural greenhouse, a 1,157 sq. ft. shade structure and three temporary agricultural storage containers totaling approx. 750 sq. ft. No permits have been approved for any of these structures. As conditioned, the property owner would be required to obtain all necessary permits to legalize these structures prior to recordation of this lot line adjustment. 5.2 PROJECT DESCRIPTION The project is for a Lot Line Adjustment to adjust property lines between two existing lots of 9.08-acres (Parcel #1 - APN 153-120-007), and 2.30-acres (Parcel #2 - APN 153-110-009). Parcel #1 will become a 5.12-acre lot and Parcel #2 will become a 6.26-acre lot. No grading or tree removal is included as a part of this LLA project. Parcel #1 would continue to be served by the Haney Tract #2 Mutual Water Company and Parcel #2 would be served by an existing private water well onsite that has been reviewed and approved by Environmental Health (see Attachment E). Additionally, both parcels would be served by private septic systems and the Santa Barbara County Fire Department. Access to the lots will continue to be provided via a private drive taken from West Camino Cielo. The properties are located at 5613 West Camino Cielo in the mountainous area of the Goleta Community Plan area, Second Supervisorial District. The applicant is also proposing development envelopes on both lots in order to comply with all applicable development policies of the Comprehensive Plan, including the Goleta Community Plan. The proposed development envelopes would restrict development on each lot to an area equal to approximately 10% of the total lot size. Additionally, both envelope areas have been designed to avoid areas on the parcels with average slopes in excess of 20%. Eastern Valley Goleta Community Plan The project site is located within the area of the Goleta Community Plan. However, the site is not within the area of the Eastern Goleta Valley Residential Design Guidelines.
Page 4 5.3 DESIGN REVIEW The proposed project would not include any new additions or structural alterations to the existing dwelling on Parcel #1. The structural development on Parcel #2 has occurred without the benefit of permit review and approval. Additionally, although these structures are for legitimate agricultural use principally permitted in the MT-GOL-100 zone district, they are located on a Ridgeline and Hillside area and are thereby subject to Design Review. As conditioned, prior to recordation of the Lot Line Adjustment, the property owners shall obtain preliminary and final approval by the South County Board of Architectural Review and approval of an associated Land Use Permit to legalize all existing structural development on Parcel #2 that is subject to permits. 5.4 ENVIRONMENTAL REVIEW The project is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15305 [Minor Alterations in Land Use Limitations]. This exemption is appropriate for minor lot line adjustments in areas with average slopes of less than 20% that do not result in the creation of any new parcels, changes in land use, or changes in density. With the inclusion of new development envelopes restricting the area on-site available for development to slopes less than 20%, the proposed LLA is consistent with the requirements for this CEQA Categorical Exemption. As proposed, the project would not have the potential to create any significant environmental impacts, no further environmental review would be required. Please see Attachment C, Environmental Document, for more details on the exemption. 5.5 COMPREHENSIVE PLAN CONSISTENCY Land Use Development Policy 4: Prior to issuance of a use permit, the County shall make the finding [that] adequate public or private services and resources (i.e. water, sewer, roads, etc.) are available to serve the proposed development. Land Use Development Policy 7: Lot line adjustments involving nonconforming parcels (as to required size) may be found consistent with the Comprehensive Plan if: a) No parcel involved is conforming as to size prior to the adjustment shall become nonconforming as to size as a result of the adjustment [ ]. Consistent: Both parcels would have adequate access via an existing private drive, from West Camino Cielo that terminates at a cul-de-sac in front of both subject lots. The parcels would also have adequate private services, including water and sanitary waste and the proposed LLA would not interfere with any existing public services, such as fire or sheriff. Therefore, the project would be consistent with this policy. Consistent: This LLA involves two parcels, Parcel #1 (9.08-acres, zoned RR-5) and Parcel #2 (2.30-acres, zoned MT-GOL-100). Parcel #1 would be reduced to a 5.12- acre lot and would still conform to the 5-acre minimum parcel size for the RR-5 zone district. Parcel #2 would increase to a 6.26-acre lot with split zoning (zoned RR- 5 on the western portion and zoned MT-GOL-100 on the eastern portion). As proposed, the reconfigured Parcel #2 would conform to the 5-acre minimum lot size for the RR- 5 zone and would remain nonconforming in the MT- GOL-100 zone district. Therefore, the project would be consistent with this policy. Policy GEO-GV-5: Ground disturbances and development on slopes of 20 percent or greater should be avoided, unless such avoidance would prohibit development, Consistent: The proposed LLA would avoid areas of the parcels with greater than 20% slopes. Each parcel would have a new development envelope recorded on the respective lot that would measure approximately ½ acre in
Page 5 wherein the portion of the site which exhibits the least amount of slope shall be utilized. Development on these sites should be designed to minimize combined grading from driveway and building pad creation. Mountainous Area (MA-100) (100-320 acres minimum parcel size): The purpose of this land use category is to designate more remote land that has an average slope in excess of 40 percent as well as isolated table land and valleys surrounded by slopes exceeding 40 percent. Generally, fire hazard is extreme and public road access and availability of public services to these lands is minimal. Such lands usually are at higher elevations than lands designated MA-40, and often border lands having medium- to low-intensity residential and agricultural uses. Such lands include the steep mountain lands within the Los Padres National Forest boundaries. These areas shall be kept free of development to reserve them for such uses as watershed, scenic enjoyment, wildlife habitat, grazing, orchards, and vineyards. In addition, certain low-density residential uses at a density of not greater than one dwelling unit per 100 acres are permitted provided they are consistent with applicable policies of the Comprehensive Plan. Residential Ranchette (5-20 acres minimum parcel size): The designation, Residential Ranchette, is intended for use within Urban, Existing Developed Rural Neighborhoods, Inner-Rural and coastal zone areas. These are areas adjacent to the more intensive urban uses. While the use of such parcels is residential, the intent of the designation is to preserve the character of an area and to minimize the services required by smaller lot development. The Residential Ranchette designation permits all forms of cultivated agriculture, grazing, and related activities which would be allowed under an Agriculture I designation (e.g., intensive commercial animal husbandry would not be permitted). size. Each envelope would be located on the flat western portions of the properties and would both have average slopes of less than 19% within the envelope areas (Parcel #1-16.87% and Parcel #2 18.49%). Therefore, the proposed LLA would be consistent with this policy, as well as within the criteria for the CEQA exemption (see Attachment C). Consistent: The proposed development associated with Parcel #2, which would be partially located within the MA-100 area, would be consistent with the purpose of the Mountainous Area land use designation. With the inclusion of a 0.56-acre development envelope (approx. 8.95% of total lot area) that would situate all future development on the lot in the western-most portion of Parcel #2 within the RR-5 zoned area and adjacent to the existing developed rural neighborhood (Haney Tract), all areas within the MA-100 [mountainous area] of the parcel (MT-GOL-100 zone district) will remain undeveloped and preserved as scenic, natural open space visible from Hwy 154. Consistent: The proposed development associated with both reconfigured lots would be consistent with the intent of the Residential Ranchette land use designation. The proposed property boundaries and respective development envelopes would preserve the rural character of the Haney Tract area while continuing to minimize public service needs by utilizing private water and septic systems.
Page 6 5.6 ZONING: LAND USE & DEVELOPMENT CODE COMPLIANCE Section 35.30.110 Purpose and applicability [of Lot Line Adjustments] in the County LUDC: This Section establishes standards for the approval of a Lot Line Adjustment consistent with this Development Code, the Comprehensive Plan, and County Code Chapter 21 (Subdivision Regulations), in compliance with Map Act Section 66412. The provisions of this Section and the procedures and requirements in County Code Chapter 21 shall apply to all application for Lot Line Adjustments. Compliant: With approval of this Lot Line Adjustment, no parcel that currently conforms to the minimum parcel size in the RR-5 or MT-GOL-100 zone district would become non-conforming as to size. As discussed in Section 5.5 of this staff report, Parcel #1 would be reduced to a 5.12-acre lot and would still conform to the 5-acre minimum parcel size for the RR-5 zone district. Parcel #2 would increase to a 6.26- acre lot with split zoning (zoned RR-5 on the western 3.92-acres and zoned MT-GOL-100 on the eastern 2.30-acres). The reconfigured Parcel #2 would conform to the 5-acre minimum lot size for the RR-5 zone and would remain nonconforming in the MT-GOL-100 zone district. The Lot Line Adjustment would not make the existing non-conforming situation of Parcel #2 in the MT-GOL-100 zone more onerous as the lot would simply remain non-conforming, nor would it result in a greater number of residentially developable parcels. As proposed, the project would meet all of the applicable requirements of Chapter 21, Subdivision Regulations and Lot Line Adjustment regulations within the County LUDC. Section 35.22.020 Intent & Purpose of the MT-GOL [Mountainous Goleta] Zone District As stated in Section 35.22.020 of the County LUDC, the purpose of the MT-GOL zoning district is to: [ ] protect mountainous lands in the Goleta Planning Area that are unsuitable for intensive development, and that consist of 1) slopes in excess of 40%, or 2) valleys surrounded by slopes exceeding 40%, or 3) isolated table land surrounding by slopes exceeding 40%, or 4) areas with outstanding resource values, such as environmentally sensitive habitats and/or watersheds. Furthermore, the intent of the MT-GOL district is to allow reasonable but limited development because of extreme fire hazards, minimum services, and/or environmental constraints and to encourage the preservation of these areas for uses including grazing, scientific and educational study, limited residential and agricultural uses. Compliant: As proposed and conditioned to include restrictive development envelopes, the project would not only protect those areas of the site that are not suitable for development, but the mountainous lands with slopes in excess of 40% would also be protected. As conditioned, all other sensitive resources, such as environmentally sensitive habitats and/or watersheds would also be protected to the maximum extent feasible. Section 35.23.020 Intent & Purpose of the RR [Residential Ranchette] Zone District As stated in Section 35.23.020 of the County LUDC, the RR zone is applied to areas designated on the Comprehensive Plan maps where low density residential and agricultural uses are appropriate. The intent of the RR zoning district is to preserve the character of an area and to minimize the services required by providing for low density residential development. Compliant: As proposed and conditioned to include restrictive development envelopes, the project would provide for low density residential and agricultural development on the site, consistent with the underlying zone district. Furthermore, the rural character of the area would be preserved and no new services would be required to support the proposed low density residential development.
Page 7 5.7 SUBDIVISION/DEVELOPMENT REVIEW COMMITTEE (SDRC) The project was taken to the SDRC for review on July 24, 2008. After discussion, the only departments that offered conditions of approval were the County Fire Department and Environmental Health Services (EHS), requiring verification that emergency access and private water and septic were adequate. P&D received letters from EHS and the Haney Tract #2 Water Company indicating that adequate water and septic were feasible (Attachments E & F, respectively). On 01/30/2013 P&D received an email from Dwight Pepin, County Fire Department, indicating that the existing access to the lots was still adequate and satisfied the requirements of County Fire. Since no new development is occurring as a part of this lot line adjustment, no conditions from County Fire were added. When future permits for development are submitted, conditions for emergency access and fire clearance for habitable structures would be required. 5.8 DEVELOPMENT IMPACT MITIGATION FEES The proposed rezone does not include the creation of any new lot, the construction of a new residence, nor any other form of new development that would require the payment of Development Impact Mitigation Fees. 5.9 MAPPING TOOL DETERMINATION Mapping Tool Purpose Applicability Recording Mechanism DEVELOPMEN Recorded with Final Map T ENVELOPES (ground disturbance restrictions) Analysis: Identifies location of all ground-disturbance activities Identifies resources to be protected onsite Apply to LLAs/Tract Maps or existing parcels constrained with significant resources or hazards The project site is located on two separate parcels in a steep area of the County containing slopes in excess of 20-30 percent. These steep slopes constrain both the amount and the location of suitable development on both lots. The proposed project for a lot line adjustment includes new development envelopes on each reconfigured lot in order to protect the natural topography, steep slopes and visual resources. The proposed envelopes have been designed to avoid areas in excess of 20 percent slopes and would require all development, including grading and other ground disturbance activities on the lots to be constrained within the development envelope areas on Parcel #1 and Parcel #2. Designation of the development envelopes will be subject to recordation with the County Surveyor reflecting the Lot Line Adjustment, as indicated in Condition of Approval Nos. 1, 5 and 7 (see Attachment B). 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 $603.00. 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 $643.00.