COUNTY OF SANTA BARBARA PLANNING AND DEVELOPMENT MEMORANDUM TO: FROM: Planning Commission Alice McCurdy, Deputy Director Development Review Division STAFF REPORT DATE: July 16, 2015 HEARING DATE: July 22, 2015 RE: Case No. 14APL-00000-00026, Taras Appeal of the CBAR s Denial of the Taras New Single Family Dwelling (Case No. 14BAR-00000-00144), APN 079-030-023, 5000 Highway 154, Lake Cachuma area, Third Supervisorial District At the July 9, 2015 hearing, the Planning Commission continued this item to the July 22, 2015 hearing date, and directed staff to return with recommended findings to exempt the proposed single family dwelling from Ridgeline and Hillside Development Guidelines. The recommended findings for exemption are included as Attachment A to this memorandum. Recommendation: Follow the procedures outlined below and uphold the appeal, Case No. 14APL-00000-00026, based upon the project's consistency with the Comprehensive Plan, and based on the ability to make the required findings. Your Commission's motion should include the following: 1. Uphold the appeal, Case No. 14APL-00000-00026; 2. Make the required findings that the development considered under Case No. 14BAR-00000-00144 and shown in Attachment C, is exempt from the Ridgeline and Hillside Development Guidelines of the Land Use and Development Code pursuant to LUDC Section 35.62.040.B.2 b and thus exempt from BAR review and approval, including CEQA findings (Attachment A); and 3. Determine that the granting of the design review exemption is exempt from CEQA, pursuant to CEQA Guidelines Section 15061(B)(3), included as Attachment B. Refer back to staff if the County Planning Commission takes other than the recommended action for appropriate findings and conditions.
14APL-00000-00026, Taras Residence Planning Commission Hearing of July 22, 2015 Page 2 Background: In accordance with Section 35.62.040 (Ridgeline and Hillside Development Guidelines) of the County Land Use and Development Code (LUDC), the applicant was required to undergo design review for a proposed new residence because the structure would be located within 100 feet of a 16 foot drop in elevation. The proposed structure is in the Rural area and has a roof pitch of greater than four in 12, and, as such, the Ridgeline and Hillside Development Guidelines limit the structure s height to 19 feet above the existing grade. The maximum height of the proposed structure would be approximately 22 feet, 2 ¼ inches above the existing grade. The applicant requested that the Central Board of Architectural Review (CBAR) grant a height exemption for the project. Section 35.62.040.B.2 exempts development from compliance with the Ridgeline and Hillside Development Guidelines, provided that one or more of certain situations applies to the proposed development. The CBAR did not support the requested exemption and denied Case No. 14BAR-00000-00144. At the Planning Commission hearing of July 9, 2015, the Commission considered the proposed new single family dwelling and directed staff to return with findings that the proposed development is exempt from the Ridgeline and Hillside Development Guidelines of the LUDC. The applicable exemption (LUDC Section 35.62.040.B.2 b.) states, In certain circumstances, allowing greater flexibility in the guidelines will better serve the interests of good design without negatively affecting neighborhood compatibility or the surrounding viewshed. The subject parcel has steep slopes and a relatively limited developable area. The area of proposed structural development is further constrained by the requirement for a Fire Department-required turnaround. Lowering the house would require additional grading. The structure would be off the grid and would utilize solar panels. The two-story building is specifically designed for efficient passive heating and cooling, and because the dwelling would not need to connect to public utilities, trenching across steep slopes and through dense oak woodland would not be necessary. The proposed structure would not visible from any public viewing places such as Highway 154 or the golf course. The proposed residence would not affect neighborhood compatibility or the surrounding viewshed. The findings for this exemption are attached (Attachment A). Additional design review findings are not required, because with exemption of the proposed project from the Ridgeline and Hillside Development Guidelines, the proposed structure is not otherwise subject to design review and BAR approval is not required. Ordinance and Policy Consistency LUDC. The proposed development complies with all of the applicable requirements of the Land Use and Development Code, including height and setback requirements. The subject parcel is zoned 100-AG, with a maximum height limit of 35 feet for residential structures and a minimum side setback of 20 feet. The proposed area of development would be set back approximately 250 feet from the nearest property line (a side yard) and would be approximately 22 feet, 2 ¼ inches in height. Comprehensive Plan. The project is not located within any Community Plan area. The proposed development is consistent with the applicable Comprehensive Plan policies, including Visual Resource Policy 2, which states, In areas designated as rural on the land use plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise.
14APL-00000-00026, Taras Residence Planning Commission Hearing of July 22, 2015 Page 3 Structures shall be subordinate in appearance to natural landforms; shall be designed to follow the natural contours of the landscape; and shall be sited so as not to intrude into the skyline as seen from public viewing places. As described above, the proposed structure would be located on a large parcel in the Rural area, on one of the limited relatively flat areas of the parcel. The two-story structure is specifically designed to facilitate effective passive heating and cooling, and to be energy efficient. The design of the house to be off the grid and the attendant use of solar panels would not require the installation of additional utilities and would thus avoid the associated grading and disturbance of the surrounding dense oak woodland (for underground utilities) or the intrusion into the sky of power poles and wires (for above ground utilities). The structure would be subordinate to the surrounding ridgelines and would not intrude into the skyline as seen from public viewing places. Therefore, the proposed project would be consistent with this policy. Environmental Review. The granting of the exemption of the structure from the Ridgeline and Hillside Development Guidelines of the LUDC is exempt from environmental review based upon Section 15061(B)(3) [projects with no potential for causing a significant effect on the environment] of the California Environmental Quality Act (CEQA) Guidelines (see Attachment B). Attachments: A. Revised Findings B. CEQA Exemption (CEQA Guidelines Section 15061(B)(3) C. Project Plans G:\GROUP\PERMITTING\Case Files\APL\2010s\14 cases\14apl-00000-00026 Taras Appeal of CBAR Denial\7.22.15 PC hearing\taras PCMemo for approval 7.22.15 cc.1.docx
ATTACHMENT A FINDINGS FOR APPROVAL 1.0 CEQA FINDINGS The Planning Commission finds that the exemption of the proposed single family dwelling from the Ridgeline and Hillside Development Guidelines of the LUDC is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061(B)(3) of the CEQA Guidelines. Section 15061(B)(3) exempts projects from CEQA when there is no possibility that the activity may have a significant effect on the environment. Please see Attachment B (Environmental Document: Notice of Exemption) to this staff memo dated July 16, 2015, and incorporated herein by reference. 2.0 ADMINISTRATIVE FINDINGS 2.1 DESIGN REVIEW FINDINGS LUDC Section 35.62.040.B.2, Exemptions to the Ridgeline and Hillside Development Guidelines allowed by Board of Architectural Review. The Board of Architectural Review may exempt a new structure or an alteration to an existing structure from compliance with these guidelines, in compliance with Section 35.82.070 (Design Review) provided that in their review of the structure they find that one or more of the following situations applies to the proposed development: b. In certain circumstances, allowing greater flexibility in the guidelines will better serve the interests of good design without negatively affecting neighborhood compatibility or the surrounding viewshed. As discussed in the Planning Commission Memorandum and Notice of Exemption dated July 16, 2015 and incorporated herein by reference, the proposed project is located in a remote rural area primarily composed of 100-plus acre parcels, many of which are within the Los Padres National Forest. There is sparse development in the immediate vicinity. The proposed residence would not be visible from the primary public viewing areas. The proposed residence is on a land form surrounded by higher ridgelines, and therefore would be subordinate in appearance to the surrounding natural landscape. The proposed house and its height is designed to maximize passive heating and cooling opportunities and to be off the grid. The structure would not require connection to public utilities, which would avoid the need to trench long distances across steep slopes and through dense oak woodland to reach Highway 154. Based on these features, the Planning Commission finds that the proposed project represents a good design that warrants an exception to the Ridgeline and Hillside Development Guidelines. Therefore, this finding can be made.
ATTACHMENT B NOTICE OF EXEMPTION TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Joyce Gerber, Planning & Development The project or activity identified below 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. APN: 079-030-023 Case No.: 14APL-00000-00026 Location: The project site is located at 5000 State Highway 154, located approximately 0.95 mile west of the SR 154/Paradise Road intersection, and approximately 0.20 mile east of the SR154/Live Oak Road intersection, in the Lake Cachuma area, Third Supervisorial District. Project Title: Taras Appeal of the CBAR s Denial Case No. 14BAR-00000-00144 Project Description: The proposed project is a request for exemption of a proposed single family dwelling from the Ridgeline and Hillside Development Guidelines of the County Land Use and Development Code. Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project: County of Santa Barbara Michael Taras, Owner Exempt Status: (Check one) Ministerial Statutory Exemption Categorical Exemption Emergency Project Declared Emergency X No Possibility of Significant Effect (CEQA Section 15061(b)(3)) Cite specific CEQA and/or CEQA Guideline Section: 15061(b)(3) Reasons to support exemption findings: Exemption of the proposed structure from the Ridgeline and Hillside Development Guidelines of the County Land Use and Development Code can be found exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The granting of the exemption from Board of Architectural Review would not create any significant environmental impacts. Granting the exemption would not create any public health or safety hazards and would not have a significant impact on the resources or services within this area, such as water,
14APL-00000-00026, Taras Appeal of CBAR Denial of Case No. 14BAR-00000-00144 Attachment B: CEQA Exemption Page 2 sanitary services, surrounding roadways and intersections, or schools. Therefore, it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. Lead Agency Contact Person: Joyce Gerber Phone#:(805)568-3518 Department/Division Representative: Date: Acceptance Date: distribution: Hearing Support Staff Project file (when P&D permit is required) Date Filed by County Clerk:.
19 FT. HIGH CONTOUR LINE 9 1/2" 4:12 ROOF SLOPE 4:12 ROOF SLOPE 24'-2 5/8" 3'-0 1/16" 3'-5 1/2" 1148 FT EL FIRST FLOOR SLAB TARAS RESIDENCE HEIGHT CALCULATIONS THRU REAR RIDGELINE SCALE 1/8"=1.0 FT. August 14,2014
4:12 ROOF SLOPE 3'-5 1/8" 3'-2 3/4" 19 FT. HIGH CONTOUR LINE 19'-4 3/8" 24'-2 5/8" 1148 FLOOR EL TARAS RESIDENCE HEIGHT CALCULATIONS THROUGH SECOND STORY RIDGELINE SCALE 1/8"=1.0 FT.- SEPTEMBER 12, 2014