SANTA BARBARA COUNTY PLANNING COMMISSION For Magali Farms/Sulpizio Tentative Parcel Map/Development Plan/ Conditional Use Permit Hearing Date: January 9, 2007 Deputy Director: Zoraida Abresch Date: December 21, 2007 Division: Development Review - North Case No.: 06TPM-00000-00012/TPM 14,701 Staff Contact: Tammy Weber 07DVP-00000-00018 Supervising Planner: John Karamitsos 03CUP-00001-00060 Environmental Document: 07NGD-00000-00038 Planner s Phone No.: (805) 934-6254 OWNER/APPLICANT: Mr. Richard Sulpizio 4050 Casey Ave. Santa Ynez, CA 93460 (805) 693-1777 AGENT: Ms. Patricia Beltranena MNS Engineers 201 Industrial Way Buellton, CA 93427 (805) 688-5200 Assessor's Parcel Number 141-041-033 located at 4050 Casey Ave. ¾ of a mile west of Highway 154, Third Supervisorial District. Application Complete: Processing Deadline: June 23, 2006 (TPM), and July, 23 2007 (CUP & DVP) 60 days from acceptance of Negative Declaration 1.0 REQUEST Request of Ms. Tish Beltranena, agent for Mr. Richard Sulpizio, landowner, to consider: (1) Case No. 06TPM-00000-00012/TPM 14,701 [application filed on May 26, 2006] for approval under County Code Chapter 21 Subdivision Regulations, to subdivide an existing 158.73 acres gross (153.32 acres net) parcel into three (3) parcels. The Tentative Parcel Map would reconfigure Parcel 1 to be 78.73 acres gross (75.12 acres net) in area, Parcel 2 to be 40.00 acres gross (39.10 acres net) in area, and Parcel 3 to be 40.00 acres gross (39.10 acres net in area);
Page 2 (2) Case No. 07DVP-00000-00018 [application filed on June 28, 2007] for approval of a Final Development Plan in compliance with Section 35.82.080 of the County Land Use and Development Code for existing structural development of 58,280 sq. ft.; and (3) Case No. 03CUP-00001-00060 [application filed on June 28, 2007] for approval of a revision to an existing Conditional Use Permit, in compliance with Section 35.82.060 of the County Land Use and Development Code for two recently constructed Farm Employees Dwellings of 1,782 sq. ft. & 400 sq. ft., which are to be added into the Farm Labor Camp as a revision to the Conditional Use Permit 03CUP-00000-00060 issued on October 22, 2003; square footages of these structures are also cited in the Development Plan total; and to approve the Mitigated Negative Declaration No. 07NGD-00000-00038 pursuant to the State Guidelines for Implementation of the California Environmental Quality Act. The following are project-specific impacts which are potentially significant but can be mitigated to less than significant levels (Class II): aesthetic/visual resources, cultural resources and noise. The ND and all documents may be reviewed at the Planning and Development Department, 123 E. Anapamu St., Santa Barbara (or 624 W. Foster Rd., Santa Maria). The ND is also available for review at the Solvang Library in the City of Solvang, 1745 Mission Dr. The zoning designation of the existing parcel is Agriculture II, 40-acres minimum parcel size (AG-II-40), pursuant to The Land Use Development Code (LUDC) Section 35.21.30. The application involves Assessor Parcel No. 141-041-033, located approximately 1 mile southwest of the intersection of Mora and Casey Avenues, known as 4050 Casey Avenue, Santa Ynez area, Third Supervisorial District. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case Numbers 06TPM-00000-00012/TPM 14,701; 07DVP-00000-00018 and 03CUP-00001-00060 marked "Officially Accepted, County of Santa Barbara January 9, 2008 County Planning Commission Exhibit 1", based upon the project's consistency with the Comprehensive Plan and on the ability to make the required findings. Your Commission's motion should include the following: 2.1 Adopt the required findings for the project specified in Attachment A of this staff report, including CEQA findings; 2.2 Approve the Mitigated Negative Declaration No. 07NGD-00000-00038 and adopt the mitigation monitoring program contained in the conditions of approval as Attachment C; 2.3 Approve 06TPM-00000-00012 subject to the conditions included as Attachment B.1; 2.4 Approve 07DVP-00000-00023 subject to the conditions included as Attachment B.2 and;
Page 3 2.5 Approve 03CUP-00001-00060 subject to the conditions included as Attachment B.3 Refer back to staff if the County Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION 3.1 06TPM-00000-00012 - This project is being considered by the County Planning Commission pursuant to Sec. 21-6(a) of Chapter 21 of the County Code which reserves all Tentative Parcel Maps to the jurisdiction of the County Planning Commission, with the exception of Tentative Tract Maps that are exempted from the requirements of the California Environmental Quality Act. 3.2 07DVP-00000-00018 - Pursuant to Sec. 35.21.30.C & 35.82.080.B.3 of Santa Barbara County Land Use and Development Code (LUDC,) which reserves all Development Plans greater than 20,000 sq. ft. of gross floor area for as-built non-conforming development without revisions to existing development as under the review authority of the Planning Commission. 3.3 03CUP-00001-00060 Pursuant to Sec. 35.21.030 & 35.82.060 of Santa Barbara LUDC Conditional Use Permits are required for Agricultural Employee housing. When the project houses five employees or greater, the project shall be under the review authority of the Planning Commission. Therefore, the project in its entirety shall be under the jurisdiction of the Planning Commission. 4.1 Agricultural Resources 4.0 ISSUE SUMMARY The existing 158.73-acre parcel consists of Class III soils; the Conservation Element indicates that the Soil Conservation Service considers Class III to be more limited soils because fewer crops can be grown on these soils, special conservation and production measures are required, or both conditions exist. The Soil Series Suitability Table provided by the Soil Conservation Service in 1972 (for specific regions of Santa Barbara County, including the Santa Ynez Valley) and included in the Conservation Element indicates that this type of soil is used mainly for range and would be considered suitable of supporting an independent horse operation. Due to the soil classification and its suitability for grazing the division of the parcel would not impair smaller acreage horse operations. There are many other smaller 40-acre horse facilities that do well sustaining their agricultural integrity on irrigated pastures.
Page 4 5.0 PROJECT INFORMATION 5.1 Site Information 5.1 Site Information Comprehensive Plan Agricultural, A-II-40: Inner Rural Area, 40 acre minimum Designation Zoning District, Ordinance Land Use Development Code: AG-II -40 Agricultural, forty acre minimum lot size. Site Size 158.73 acres gross/ 153.32 acres net Present Use & Development Horse Breeding facilities, employee dwellings, and irrigated pastures. Surrounding Uses/Zoning North: Field Crops, 40-AG South: Field Crops, AG-II-100 East: Rancho Estates subdivision; AG-I-10 West: Irrigated pasture; AG-II-40 Access Private drive off Casey Ave. Public Services Water Supply Existing Private Wells: 2 Sewage: Private septic systems 9 existing, 2 proposed Fire: Santa Barbara County Fire Department Station 32, 906 Airport Rd., Santa Ynez Schools: College Elementary School District, Santa Ynez High School 5.2 Existing Setting 4050 Casey Ave is accessed off Mora Ave (approximately 1/2 mile east of Highway 154), and approximately 1 3/4 mile northeast of the Township of Santa Ynez, situated in the San Carlos de Jonata area, and located within the watershed of the Santa Ynez River and sub watershed of Zanja de Cota Creek. There are no notable water courses on or near the property. APN 141-041- 033, Third Supervisorial District. The area is characterized by flat and gently sloping terrain with slopes ranging between 2 and 9 percent. Vegetative communities consist of non-native irrigated pastures, non-native and native trees. 5.2.1 Fauna 5.2.2 Flora The fauna inhabiting the project site are typical for the Santa Ynez Valley and may include small mammals such as raccoons, fox, coyote, deer, and skunk, and common birds and raptors. No known threatened or endangered plant or animal species are known to exist on the project site.
Page 5 5.2.3 Soils The site contains the following vegetation: portions of landscaped lawn; park like plantings of native and non-native trees; and irrigated pasture. Further development is not requested at this time, therefore native trees will not be impacted from the project. The following soil types are found on the property: Class III: Positas fine sandy loam, 2 to 9 percent slopes (PtC) approximately 65% coverage. Class III: Santa Ynez gravelly fine sandy loam, 2 to 9 percent slopes (SnC) approximately 35% coverage. 5.2.4 Archaeological Sites There are no known or recorded archaeological sites located on the property or within 1,000 of the project site. 5.2.5 Surrounding Land Uses The surrounding properties consist of field crops on the North and South perimeters zoned 40-AG and AG-II-100. On the East perimeter are agricultural parcels zoned AG-I-10. To the West are irrigated pastures zoned AG-II-40.. 5.2.6 Existing Structures The existing parcel is currently developed with a total of 61,064 square feet of development, as shown on Site Plan (Attachment D & E): Structures Area (sq. ft.) 1 - Main Barn/Office (4050 G) 19,626 2 - Farm Employee Dwelling (4050-A) 1,248 3 - Farm Employee Dwelling (4050 B) 1,440 4 - Farm Employee Dwelling (4050 C) 1,152 5 - Farm Employee Dwelling (4050 D) 1,248 6 - Farm Employee Dwelling (4050 E) 1,248 7 - Farm Employee Dwelling (4050 F) 1,248 8 - Laundry Room 1 418 9 - Storage Room 552 10 - Farm Employee Dwelling (4050 H) 1,056 11 - Farm Employee Dwelling (4050 K) 400 12 - Laundry Room 2 1,650 13 - Barn/Shop 6,895 14 - Horse Shade Shelters 9,742 Two of the Shelters are on proposed (±2,784)
Page 6 parcels 2 & 3 for a total of 2,784 sf. 15. Farm Employee Dwelling (4050-L) 1,782 16. Modular Barn 11,359 Total for proposed parcels 1, 2, & 3 61,064 Total for proposed parcel 1 58,280 Total for proposed parcel 2 1,392 Total for proposed parcel 3 1,392 5.3 Project Description The Magali Farms/Sulpizio project is a request of Ms. Tish Beltranena, agent for Mr. Richard Sulpizio, landowner, to consider Case Nos.: 1. 06TPM-00000-00012/TPM 14,701 (application filed on May 26, 2006) for approval under County Code Chapter 21 Subdivision Regulations, to subdivide an existing 158.73 acres gross (153.32 acres net) parcel into three (3) parcels. Parcel 1 would be 78.73 acres gross (75.12 acres net) in area, Parcel 2 would be 40.00 acres gross (39.10 acres net) in area, and Parcel 3 would be 40.00 acres gross (39.10 acres net) in area. 2. 07DVP-00000-000018 (application filed on June 28, 2007) for approval under the County s Land Use Development Code of a Development Plan to permit the 58,280 sq. ft. of existing development (see chart, on prior page 5.2.6) including an existing previously un-permitted 11,359 sq. ft. Modular Barn. 3. 03CUP-00001-00060 (application filed on June 28, 2007) for approval under the County s Land Use Development Code to include two additional un-permitted (1,782 sq. ft. and 400 sq. ft.) Farm Employee Dwellings as a part of the previously permitted Farm Labor Camp of seven FED s (03CUP-00000-00060). Total FED s would be nine. The zoning designation of the existing parcel is Agriculture II, 40-acres minimum parcel size (AG-II-40), pursuant to the Land Use Development Code (Inland Zoning Ordinance) of Chapter 35 of the County Code. The application involves Assessor Parcel No. 141-041-033, located approximately 1 mile southwest of the intersection of Mora and Casey Avenues, known as 4050 Casey Avenue, Santa Ynez area, Third Supervisorial District. Parcel 1: Parcel 1 is currently developed with a horse breeding and boarding operation, and an approved farm labor camp (03CUP-00000-00060) with 23 structures totaling 58,280 square feet in area, as described on prior page 5.2.6. Parcel 1 has an existing serviceable well near the originally permitted employee dwelling cluster (identified as W1 on the map) that supplies domestic water pursuant to an existing State Small
Page 7 Water System Permit (Attachment D). Parcel 1 has nine existing permitted septic systems and two newly created systems approved by Environmental Health Services, which would continue serving the site. Access would continue to be provided by an existing approximately 20-foot wide access drive via Casey Avenue. Parcels 2 and 3: Parcels 2 and 3 are predominantly irrigated pasture with two (2) 696 square foot horse shelters each. An existing 20-foot wide asphalt paved driveway would be provided access via Baseline Avenue. A 40-foot easement is over that access, in order to include the trees and space for utilities, etc. Parcels 2 & 3 will be served by well #2 (W2 on map) which is located at the center of the southern property line of Parcel 1. A Multiple Parcel Water System Permit Application in conformance with EHS letter dated December 17, 2007, will be filed prior to recordation of the final map and water rights agreement recorded. A water line easement over Parcel 1 in favor of Parcels 2 & 3 will be added per EHS requirements. New private septic systems would provide wastewater services. 5.4 Background Information The earliest record on file indicates that the parcel has facilitated horse operations since the 1970 s. As described in the project description, the seven employee dwellings were originally approved by conditional use permit in 1983 for a period of five years. The conditional use permit was renewed in 1989 for a period of ten years and turned into a farm labor camp in 2003. Permitted structures include the seven employee trailers, offices, stud barn, hay barn, garages, laundry room, shade structures and several storage rooms. 6.1 Environmental Review 6.0 PROJECT ANALYSIS A Mitigated Negative Declaration, 07NGD-00000-00038, was prepared for the project and is included in the staff report as Attachment C. The Mitigated Negative Declaration was circulated for a 21-day public review and comment period from November 8, 2007 to November 29, 2007. A separate environmental review hearing was not held due to the non-complex nature of the project. No comments were received. 6.1.1 Impacts The Negative Declaration identified potentially significant but mitigable impacts to Aesthetics/Visual Resources (potential impact due to illumination of night lighting/visual impacts with new SFD potential), Cultural Resources (potential disturbance/destruction of cultural resources), Noise (Short-term potentially significant adverse impacts associated with future construction of the project site). Please refer to 07NGD-00000-00038 (Attachment B) for a full review of these impacts. 6.1.2 Impact and Mitigation
Page 8 The potentially significant impacts would be mitigated to less than significant levels through adherence to the following mitigation measures: Aesthetic/Visual Resources: any future development shall depict exterior lighting to be of low intensity and directed downward to prevent spill over onto adjacent parcels. Natural materials and colors compatible with surrounding terrain (earthtones and non-reflective paints) shall be used on exterior surfaces of all structures including water tanks and fences Cultural Resources: standard archeological protection mitigation measures would be required to reduce potentially significant impacts to less than significant levels. Noise: Limiting grading and construction to be located within 1600 feet of an existing residence, construction activity for site preparation and for future residences shall be limited to the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. Construction equipment maintenance shall be limited to the same hours. Non-noise generating construction activities such as interior painting are not subject to these restrictions 6.2 Comprehensive Plan Consistency The following discussion of Comprehensive Plan consistency includes all of the pertinent Comprehensive Plan policies applicable to the project. No policy inconsistencies have been identified in relation to the project. REQUIREMENT DISCUSSION Land Use Designation A-II-40 Agriculture 40-acre minimum size Land Use Development Policy 4 (LUE, pp. 81-82b): According to policy 4, "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 development. Hillside and Watershed Protection Policies 1-3, plans for development shall minimize cut and fill operations and be designed to fit the site topography, soils geology, hydrology and any other conditions to keep the grading at a minimum.. Hillside and Watershed Protection Policy 7, Consistent: All three parcels meet the 40 acre minimum: Parcel (1) 78.73 acres Parcel (2) 40.00 acres Parcel (3) 40.00 acres Consistent: All three parcels would continue to be served by two private wells both located on parcel one, with a shared water rights agreement (to be approved prior to map recordation) and private septic systems (all existing; two to be approved prior to map recordation). There is an adequate 20 private asphalt driveway to access the parcels and no new roads or road improvements would be necessary. All private and public services would be available to the project and therefore it would be considered consistent with this policy. Consistent: The existing parcel is relatively flat with no more than 2-9% slope, which makes this parcel and the parcels future development in regards to grading minimal. With the mitigation measures (construction during the dry season only; erosion and grading control plans), set forth in Attachments C, this project would conform to these policies. Consistent: An existing State Small Water System
Page 9 Degradation to the water quality shall not result from a development site Santa Ynez Agriculture Policy, Agriculture should be preserved and protected as one of the primary economic bases of the Valley. Agricultural Element Goal I Santa Barbara County shall assure and enhance the continuation of agriculture as a major viable production industry in Santa Barbara County. Agriculture shall be encouraged. Permit is in place, as well as septic systems, to serve the existing development. With adherence to EHS additional amended requirements (which would be done prior to map recordation), this project would be in conformance with this policy. Consistent: The current agricultural activities would not be affected by the project. The parcels would remain in agricultural production, part of a grazing operation and eligible for agricultural preserve contracts. Therefore the project, as, remains in conformance with provisions set forth in the Agricultural Element. Agricultural Element Policy I.D The use of the Williamson act shall be strongly encouraged and supported. The County shall also explore and support other agricultural land protection programs Agricultural Element Goal II Agricultural lands shall be protected from adverse urban influence 6.3 Ordinance Compliance Land Use and Development Code: The project site is zoned AG-II-40, Agriculture II, under Santa Barbara County s Land Use and Development Code. The project would be consistent with the AG-II-40 zone district standards, including structural setbacks, maximum structural height, etc. 6.5 Subdivision/Development Review Committee The Flood Control Division, Fire Department, Environmental Health Services Division, Roads Division, Parks Department, Building and Safety Division, County Surveyor, and Air Pollution Control District have all had the opportunity to review and comment on the project. The Fire Department, Environmental Health Services Division, Public Works Department (Transportation and the Surveyors Office), Air Pollution Control District and the Parks Department have applied conditions of approval to the project and have submitted condition letters that have been incorporated into the conditions of approval for this project. 6.6 Agricultural Preserve Advisory Committee At the February 2, 2007 meeting of the Agricultural Preserve Committee members found the project to be consistent with the uniform rules contingent upon P&D verification that an agricultural viability analysis is completed. The analysis was completed and the proposed parcels were determined to be viable under Agricultural Resources, 07NGD-00000-00038. The project
Page 10 was then re-reviewed at the December 7, 2007 meeting the Agricultural Preserve Committee and members found the project to be consistent with the Uniform Rules. 6.7 Development Impact Mitigation Fees A series of ordinances and resolutions adopted by the County Board of Supervisors require the payment various development impact mitigation fees. This project is subject to the fees as shown in the following table. The amounts shown are estimates only. The actual amounts will be calculated in accordance with the fee resolutions in effect when the fees are paid. The developer of a project that is required to pay development impact mitigation fees may appeal to the Board of Supervisors for a reduction, adjustment or waiver of any of those fees based on the absence of a reasonable relationship between the impacts of the project and the fee category for which fees have been assessed. The appeal must be in writing and must state the factual basis on which the particular fee or fees should be reduced, adjusted or waived. The appeal must be submitted to the director(s) of the relevant departments within 15 calendar days following the determination of the fee amount(s). For a discretionary project, the date of determination of fee amounts is the date on which the decision-maker adopts the conditions of approval and approves the project. Estimated Countywide Development Impact Mitigation Fees Fee Program Base Fee (per unit or 1,000 sf) Estimated Fee Fee due at Recreation (Parks) $1,068.00 Per Lot x 2 new lots $2,136.00 Map Recordation Transportation $480.00 Per Lot x 2 new lots $960.00 Map Recordation Fire ($0.20/sf.) N/A Final Inspection 7.0 APPEALS PROCEDURE The action of the County Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days of said action. 8.0 ATTACHMENTS A. Findings B.1 Conditions of Approval TPM B.2 Conditions of Approval DVP B.3 Conditions of Approval CUP with attached Departmental letters C. 07NGD-00000-00038 with Transmittal Letter D. Tentative Parcel Map 14,701 (full-size for Planning Commissioners only) E. Tentative Parcel Map/Site Plan G:\GROUP\PERMITTING\Case Files\TPM\06 cases\06tpm-00000-00012 for TPM 14,701\Sulpizio TPM-DVP- CUP SRPC 8-7-07.DOC