SANTA BARBARA COUNTY ZONING ADMINISTRATOR

Transcription

1 SANTA BARBARA COUNTY ZONING ADMINISTRATOR Staff Report for Khashoggi Pond/Security Kiosk Supervisorial District: Second Staff Report Date: November 17, 2006 Staff: Jim Heaton Case No.: 06CDH Phone #: (805) Environmental Document: CEQA Exemption 15303(e) Supervisor: Peter Imhof OWNER: Elk Trust 1555 Roble Drive Santa Barbara, CA AGENT: John Eisenbeisz Eisenbeisz Design Studio PO Box 330 Santa Barbara, CA (805) Architect/Designer: Eisenbeisz Design Studio PO Box 330 Santa Barbara, CA (805) Assessor Parcel Number ( ), approximately 1/10 mile north of Marina Drive, at 1555 Roble Drive, Hope Ranch Area, Second Supervisorial District. 1.0 REQUEST

2 Page 2 Hearing on the request of John Eisenbeisz, of Eisenbeisz Design Studio, agent for owner, to consider Case No. 06CDH for a Coastal Development Permit under Section in the 2.5-EX- 1 Zone District of Article II to allow for the construction of an irrigation pond bordered by a two-foot high cast stone wall and security kiosk at the entry gate; and to accept the Exemption pursuant to Section 15303(e) of the State Guidelines for Implementation of the California Environmental Quality Act. Application Filed: March 27, 2006 Application Complete: October Processing Deadline: 60 days from NOE 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No. 06CDH marked "Officially Accepted, County of Santa Barbara November 27, 2006, Zoning Administrator Exhibit 1, based upon the project's consistency with the Comprehensive Plan and based on the ability to make the required findings. The Zoning Administrator s action should include the following: 1. Adopt the required findings for the project specified in Attachment A of this staff report, including CEQA findings; 2. Accept the exemption, included as Attachment B pursuant to CEQA Section 15303(e); and 3. Approve the project subject to the conditions included as Attachment C. Refer to staff if the Zoning Administrator takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This Coastal Development Permit with a public hearing is being considered by the Zoning Administrator based upon Section of Article II (Coastal Zoning Ordinance), which states: the Zoning Administrator shall hold at least one noticed public hearing on the requested Coastal Development Permit and either approve, conditionally approve, or deny the request. 4.0 ISSUE SUMMARY

3 Page 3 The proposed pond and accessory structures are consistent with Coastal Land Use Plan Policies and the Article II, Coastal Zoning Ordinance requirements and do not present any issues. The project if approved would allow for the construction of an approximately 3,432 square foot irrigation pond that will be filled with water from an existing private well, a two-foot high cast stone wall on the border of the pond, and an adjacent 12-foot high, 41 square foot security kiosk to provide communication between the entry gate and residence. The project will also involve permitting a pump to be placed in an existing walled well enclosure. The project will require 686 cubic yards of cut to be exported offsite and no fill. The property will continue to be served by the La Cumbre Mutual Water District as well as a private well and the Santa Barbara County Fire Department. Sewage disposal will be maintained by an existing septic system, and access will be taken from a private driveway off of Roble Drive. The subject property supports an Environmentally Sensitive Habitat (ESH) overlay as a result of a seasonal creek to the north and the ocean bluffs to the south. The pond and security kiosk site are located outside of the mapped ESH buffer. The proposed project involves minimal development on a previously disturbed site and raises no environmental, policy, or ordinance issues. 5.0 PROJECT INFORMATION 5.1 Site Information Site Information Comprehensive Plan (Res-0.5) Designation Ordinance, Zoning District Site Size Present Use & Development Surrounding Uses/Zoning Coastal, Urban, Residential 1.0 units per 0.5 acres, one single-family dwelling per lot. Article II, 2.5-EX-1, One Family Exclusive Residential with a minimum lot size of 2.5 acres., ESH Overlay, Coastal Commission Appeals Jurisdiction acres Residential, Single-Family Dwelling, and Accessory Structures North: Residential, 3.5-EX-1 South: Pacific Ocean East: Across Roble Drive, Residential, 3.5-EX-1 West: Residential, 1.5 and 3.5-EX-1 Access Access is taken from a private drive off of Roble Drive 5.2 Background Information

4 Page 4 This permit would allow the construction of an irrigation pond, a two-foot high cast stone wall and 41 square foot security kiosk accessory structure. A previous permit (01-CDP-025H) was issued on this parcel, which validated the parcel configuration at that time. A 11,743 square foot single family dwelling, 989 square foot attached garage, 707 square foot covered parking area, 813 square foot maintenance building, two detached accessory storage structures totaling 658 square feet, swimming pool, and a pool pavilion. 5.3 Project Description The proposed Coastal Development Permit with hearing is for the construction of an approximately 3,432 square foot irrigation pond, which will be filled with water from an existing private well, a two-foot high cast stone wall on the border of the pond, and an adjacent 12-foot high, 41 square foot security kiosk to provide communication between the entry gate and residence. The project will also involve permitting a pump to be placed in an existing walled well enclosure. The project will require 686 cubic yards of cut to be exported offsite and no fill. The property will continue to be served by the La Cumbre Mutual Water District as well as a private well and the Santa Barbara County Fire Department. Sewage disposal will be maintained by an existing septic system, and access will be taken from a private driveway off of Roble Drive. 6.0 PROJECT ANALYSIS 6.1 Environmental Review The proposed project may be found to be categorically exempt from the California Environmentally Quality Act (CEQA) pursuant to Section 15303(e) of the Guidelines for the Implementation of CEQA Section 15303(e) which exempts "Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Please see Attachment B, CEQA Notice of Exemption for further detail. 6.2 Comprehensive Plan Consistency Coastal Land Use Plan Policy 4-4: In areas designated as urban on the land use plan maps and in designated rural neighborhoods, new structures shall be in conformance with the scale and character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged. Goleta Community Plan Architectural Design Standards II: Site layout shall be designed to respect and enhance adjacent neighborhood areas. Consistent: The proposed project is located within an urban neighborhood and consists of construction of a new irrigation pond, a cast stone wall and a security kiosk. The project would be consistent with neighboring properties in the area. The project has been to BAR for conceptual review where no comments were made and it was directed to return for preliminary/final approval on consent. The project has been conditioned to receive final BAR approval, prior to issuance of the Coastal Development Permit (see Attachment C, Condition #5).

5 Page 5 Goleta Community Plan Policy FIRE-GV-4: Emergency access shall be a consideration in the siting and design of all development. Consistent: The proposed project does not inhibit or alter the existing access. Goleta Community Plan Policy RRC-GV-3: Recycling bins shall be provided at all construction sites to minimize construction-generated waste that goes into the landfill. Consistent: Condition of approval #6 for the Coastal Development Permit (Attachment C) requires recycling bins to be located at the construction site to minimize construction-generated waste that goes to the landfill. Coastal Plan Policy 10-1: All available measures, including purchase, tax relief, purchase of development rights, etc., shall be explored to avoid development on significant, historic, prehistoric, archaeological, and other class of cultural sites. Goleta Community Plan Policy HA-GV-1: Significant cultural, archaeological resources in the Goleta area shall be protected and preserved to the maximum extent feasible. No known archaeological resources are present on the site. Review of the project indicates that it would involve minor grading on a previously disturbed site. However, in the unlikely event archaeological resources were encountered during any phase of grading, demolition, or construction, conditions of approval would require work to be stopped immediately or redirected until a Planning & Development qualified archaeologist and Native American representative were retained by the applicant to evaluate the significance of the find pursuant to Phase 2 investigations of the County Archaeological Guidelines. If remains were found to be significant, they would be subject to a Phase 3 mitigation program consistent with County Archaeological Guidelines and funded by the applicant (see Attachment C, condition of approval #4). Coastal Land Use Plan Policy 3-14: All development shall be designed to fit the site topography, soils, geology, hydrology, and any other existing conditions and be oriented so that grading and other site preparation is kept to an absolute minimum. Natural features, landforms, and native vegetation, such as trees, shall be preserved to the maximum extent feasible. Areas of the site which are not suited for development because of known soils, geologic, flood, erosion, or other hazards shall remain in open space. Consistent: The project site is relatively flat. No trees or vegetation are proposed to be removed during construction. Coastal Plan Policy 9-1: Prior to issuance of a development permit, all projects on parcel shown on the land use plan and/or resource maps with a Habitat Area overlay designation or within 250 feet of such designation or projects affecting an environmentally sensitive habitat area shall be found to be in conformity with the applicable habitat protection policies or 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. Projects which could adversely impact an environmentally

6 Page 6 sensitive habitat area may be subject to a site inspection by a qualified biologist to be selected jointly by the County and the applicant. Goleta Community Plan Policy BIO-GV-7: Riparian vegetation shall be protected and shall not be removed except where clearing is necessary for the maintenance of free flowing channel conditions, the provision of essential public services or where protection would preclude the reasonable use of a parcel. Degraded riparian areas shall be restored Consistent: The subject property supports an Environmentally Sensitive Habitat (ESH) Overlay to the north as a result of a seasonal creek, and the building site is located outside of the mapped riparian buffer. The proposed project involves minimal development on a previously disturbed site. No native vegetation is proposed to be disturbed or removed as part of this project. Noise Element: Significant noise impacts shall be avoided in noise sensitive areas, i.e. residential areas. Consistent: The project has been conditioned such that the hours and days of noise-generating construction would be limited to Monday Friday, 7:00 a.m. to 4:30 p.m., and would be prohibited on State holidays (see Attachment C, condition of approval #2) 6.3 Ordinance Compliance Article II, Ordinance Compliance All proposed accessory structures are permitted uses within the 2.5-EX-1 zone district. The accessory structures do not exceed the height limitation (25-feet) of the Coastal Zoning Ordinance. The security kiosk is proposed to be 12-feet high and the bordering cast stone wall is proposed to be 2-feet high. Further, the proposed development is located outside of the required front yard setback, which is 75-feet from centerline and outside of the side yard setback, which is 25-feet from the property line. The project would meet all other applicable Coastal Zoning Ordinance (Article II) requirements. A Departmental Condition letter was submitted by the Fire Department (May 23, 2006) and Air Pollution Control District (April 04, 2006). 6.5 Board of Architectural Review The project went before the South County Board of Architectural Review on July 14, The project received conceptual review only, and no action was taken. The applicant was directed to resubmit for preliminary/final on consent. No additional comments were made by the Board of Architectural Review members present at the meeting. 7.0 APPEALS PROCEDURE

7 Page 7 The action of the Zoning Administrator may be appealed to the Board of Supervisors within ten (10) calendar days following the date of the Zoning Administrator s decision by the applicant, an aggrieved person, or any two members of the Coastal Commission. The decision of the Board of Supervisors may be appealed to the Coastal Commission within ten (10) working days of the decision of the Board of Supervisors by the applicant, an aggrieved person, or any two members of the Coastal Commission. Section provides, For developments which are appealable to the Coastal Commission under Section , no appeal fee will be charged. ATTACHMENTS A. Findings B. Notice of Exemption C. Conditions of Approval with attached Departmental letters

8 Page A CEQA FINDINGS ATTACHMENT A: FINDINGS The proposed project is found to be exempt from environmental review pursuant to Section 15303(e), New Construction or Conversion of Small Structures, of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). The proposed irrigation pond, cast stone wall, and security kiosk all qualify as accessory structures as described in Section 15303(e) of CEQA Guidelines. Please see Attachment B, Notice of Exemption. 2.0 ADMINISTRATIVE FINDINGS Pursuant to Section of the Article II Zoning Ordinance, a Coastal Development Permit within a Geographic Appeals Area shall only be issued if all of the following findings are made: 2.1 That the proposed development conforms to 1) the applicable policies of the Comprehensive Plan, including the Coastal Land Use Plan, and 2) with the applicable provisions of Article II. The proposed project is consistent with all applicable policies of the Comprehensive Plan including the Coastal Land Use Plan and the Goleta Community Plan as discussed in sections 6.2 and 6.3 of this staff report, and incorporated herein by reference. A private well will serve project site for irrigation water, and sanitation will be maintained via a private septic system. The project will not have any effect on biological resources as no native vegetation will be removed. The project will require grading on a previously disturbed site. The project received conceptual review from the Board of Architectural Review (BAR) and will be conditioned to return to the BAR for final approval prior to issuance. The proposed project does not have the potential to create any additional traffic, and the existing structures and proposed accessory structures are consistent with the requirements of the EX-I zone district of Article II in regard to height, use, setbacks, and parking. Therefore this finding may be made. 2.2 That the proposed development is located on a legally created lot. The current configuration of the parcel was created as a result of Lot Line Adjustment (LLA) 00-LA-016, approved by the Santa Barbara County Zoning Administrator on April 24, Therefore this finding can be made. 2.3 The subject property is in compliance with all laws, rules, and regulations pertaining to zoning uses, subdivisions, setbacks, and any other applicable provisions of Article II, and such zoning enforcement fees as established from time to time by the Board of Supervisors have been paid. This subsection shall not be interpreted to impose new requirements on legal non-conforming uses and structures under Section et seq.

9 Page A-2 No violations are on record. The proposed project is a principally permitted use in the 2.5-EX-I zone district and meets all development standards of the zone district. Therefore this finding can be made. 2.4 That the development does not significantly obstruct public views from any public road or from a public recreation area to, and along the coast. The proposed development would not be significantly visible to members of the public as the building site is heavily screened by existing vegetation from the only nearby road (Roble Drive). Therefore this finding can be made. 2.5 That the development is compatible with the established physical scale of the area. The proposed irrigation pond, cast stone wall and security kiosk are compatible with other property attributes in the area. Therefore this finding can be made. 2.6 The project is in conformance with the public access and recreation policies of Article II and the Coastal Land Use Plan. The project area is not located adjacent to the beach, and there is no coastal access from the site. Therefore, the proposed project is consistent with this finding.

10 Page B-1 ATTACHMENT B: ENVIRONMENTAL DOCUMENT NOTICE OF EXEMPTION TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Jim Heaton, Planner 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(s): Case No.:06CDH Location: Located at 1555 Roble Drive on the west side of the intersection Roble Drive and just north of Marina Drive in the Hope Ranch area, Second Supervisorial District Project Title: Khashoggi Pond/Security Kiosk Project Description: The project if approved would allow for the construction of an approximately 3,432 square foot irrigation pond, which will be filled with water from an existing private well, a two foot high cast stone wall on the border of the pond, and an adjacent 12-foot high, 41 square foot security kiosk to provide communication between the entry gate and residence. The project will also involve permitting a pump to be placed in an existing walled well enclosure. The project will require 686 cubic yards of cut to be exported offsite and no fill. The property will continue to be served by the La Cumbre Mutual Water District as well as a private well and the Santa Barbara County Fire Department. Sewage disposal will be maintained by an existing septic system, and access will be taken from a private driveway off of Roble Drive. Name of Public Agency Approving Project: County of Santa Barbara Name of Person or Agency Carrying Out Project: Jim Heaton Exempt Status: (Check one) Ministerial Statutory Exemption X Categorical Exemption Emergency Project Declared Emergency Cite specific CEQA and/or CEQA Guideline Sections: CEQA Exemption 15303(e) [New Construction or Conversion of Small Structures]. Reasons to support exemption findings (attach additional material, if necessary)

11 Page B-2 CEQA Guideline Section 15301(e) exempts: Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project satisfies this criteria. The La Cumbre Mutual Water Company would continue to provide water service to the existing dwelling, a private well would provide water to the irrigation pond, and sanitary waste would be handled via an existing private septic system. The project would have no impacts on biological resources as no vegetation would be removed. The proposed approximately 686 cubic yards of grading that is proposed would not result in adverse impacts to the surrounding area, due to the fact that the proposed development is compatible with the properties in the area and screened by existing vegetation from the only nearby road (Roble Road). Short-term noise impacts from construction would be confined, per policy, to weekdays between the hours 7:00 a.m. to 4:30 p.m. (see Attachment C, conditions of approval). No new traffic would result from the proposed project. The project is consistent with the requirements of the categorical exemption and does not have the potential to create any significant environmental impacts. Therefore, no further environmental review is required. Lead Agency Contact Person: Dianne Black Phone #: (805) Department/Division Representative: Date: Acceptance Date: Note: 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

12 Page C-1 ATTACHMENT C: CONDITIONS OF APPROVAL

13 Page C-2 Project Name: Khashoggi Pond/Security Kiosk Project Address: 1555 Roble Drive, Santa Barbara APN: This permit is subject to compliance with the following conditions: 1. This Coastal Development Permit is based upon and limited to compliance with the project description, the Zoning Administrator Hearing Exhibit #1, dated November 27, 2006, and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the County for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the abovedescribed approval will constitute a violation of permit approval. The project description is as follows: The project if approved would allow for the construction of an approximately 3,432 square foot irrigation pond, which will be filled with water from an existing private well, a two-foot high cast stone wall on the border of the pond, and an adjacent 12-foot high, 41 square foot security kiosk to provide communication between the entry gate and residence. The project will also involve permitting a pump to be placed in an existing walled well enclosure. The project will require 686 cubic yards of cut to be exported offsite and no fill. The property will continue to be served by the La Cumbre Mutual Water District as well as a private well and the Santa Barbara County Fire Department. Sewage disposal will be maintained by an existing septic system, and access will be taken from a private driveway off of Roble Drive. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of structures, and the protection and preservation of resources shall conform to the project description above and the hearing exhibits and conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the approved hearing exhibits and conditions of approval hereto. All plans (such as Landscape and Tree Protection Plans) must be submitted for review and approval and shall be implemented as approved by the County. 2. Notice to Property Owner (NTPO). A notice to property owner shall be recorded prior to issuance of the Land Use Permit to advise current and future property owners that the irrigation pond shall be solely served by the existing well on the property. MONITORING: P&D shall confirm recordation of the NTPO prior to land use permit issuance. 3. Construction activity for site preparation and for future development shall be limited to the hours between 7:00 a.m. and 4:00 p.m., Monday through Friday. No construction shall occur on State holidays (e.g. Thanksgiving, Labor Day). Construction equipment maintenance shall be limited to the

14 Page C-3 same hours. Non-noise generating construction activities such as interior painting are not subject to these restrictions. 4. No trees or native vegetation shall be removed as part of the project. 5. In the event archaeological remains are encountered during grading, work shall be stopped immediately or redirected until a P&D qualified archaeologist and Native American representative are retained by the applicant to evaluate the significance of the find pursuant to Phase 2 investigations of the County Archaeological Guidelines. If remains are found to be significant, they shall be subject to a Phase 3 mitigation program consistent with County Archaeological Guidelines and funded by the applicant. Plan Requirements/Timing: This condition shall be printed on all building and grading plans. 6. The applicant shall obtain final approval from the Board of Architectural Review (BAR) prior to approval of a Coastal Development Permit. 7. Recycling bins shall be provided on site throughout all grading and construction activities. Plan Requirements and Timing: Bins shall be provided on site prior to the commencement of grading activities. 8. Utilities shall be installed underground and in accordance with the rules and regulations of the California Public Utilities Commission. 9. All applicable final conditions of approval shall be printed in their entirety on applicable pages of grading/construction or building plans submitted to Planning & Development or Building and Safety Division. These shall be graphically illustrated where feasible. 10. Prior to issuance of the Coastal Development Permit, the applicant shall pay all applicable P&D permit processing fees in full. 11. If the Zoning Administrator determines at a noticed public hearing that the permittee is not in compliance with any conditions of this permit pursuant to the provisions of section of Article II of the Santa Barbara County Code, the Zoning Administrator may, in addition to revoking the permit pursuant to said section, amend, alter, delete or add conditions to this permit. 12. The applicant s acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed acceptance of all conditions of this permit by the permittee. 13. The Zoning Administrator s approval of this Appealable CDP shall expire two years from the date of approval or, if appealed, the date of action by the Board of Supervisors or the California Coastal Commission on the appeal, if the permit for use, building or structure permit has not been issued. 14. The use and/or construction of the building or structure, authorized by this approval cannot commence until the Coastal Development Permit has been issued. Prior to the issuance of the Coastal Development Permit, all of the project conditions that are required to be satisfied prior to issuance of

15 Page C-4 the Coastal Development Permit must be satisfied. Plans accompanying this Coastal Development Permit shall contain all project conditions. 15. 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 the Coastal Development Permit. 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. 16. 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 within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the County shall review the entire project and substitute conditions may be imposed. 17. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. G:\GROUP\PERMITTING\CASE FILES\CDH\06-CASES\06CDH KHASHOGGI\SR_ZA 06CDH DOC