Don Smith 2125 Highway 154 BOARD OF SUPERVISORS Santa Ynez, CA HEARING OF JULY 25, 2000

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1 November 15, 2000 Don Smith 2125 Highway 154 BOARD OF SUPERVISORS Santa Ynez, CA HEARING OF JULY 25, 2000 RE: Appeal of Royal Oaks Winery Development Plan, 98-DP-035 AP01 Hearing to consider the appeal of Brian Macy, et. al., of the February 2, 2000 Planning Commission action to approve with conditions the application of Ms. Lisa Bodrogi, agent for Mr. Donald Smith, landowner, for the Royal Oaks Winery Development Plan, Case No. 98-DP-035 [application filed 10/23/98] for a final development plan under the provisions of the AG-I-40 (Agriculture) Zone District of Article III of the County Zoning Ordinance, to develop an 11,850 s.f. winery complex (including 1,200 s.f. of residential space), and a 2,400 s.f. storage building, and to approve Negative Declaration 99-ND-22, pursuant to the State Guidelines for Implementation of CEQA. As a result of this project, potentially significant, but mitigable, effects on the environment are anticipated in the following categories: geologic processes; transportation/circulation; air quality; biological resources; noise; fire protection; aesthetic/visual resources; risk of upset/hazardous materials. The applicant has agreed to incorporate mitigation measures to reduce all impacts to less than significant levels. The application involves Assessors Parcel Number , located just southwest of the intersection of Roblar Avenue and Highway 154, Santa Ynez Valley area, Third Supervisorial District. Dear Mr. Smith: At the Board of Supervisors hearing of July 25, 2000, Supervisor Gray moved, seconded by Supervisor Urbanske and carried by a vote of 3-2 (Schwartz/Marshall no) to: 1. Adopt the required findings for the project specified in Attachment A of the staff report dated December 2, 1999, including CEQA findings, as revised by staff memorandum dated January 24, 2000, and Board letter dated June 15, 2000; 2. Approve the Negative Declaration 99-ND-22 included in Attachment C of the staff report dated December 2, 1999, and adopt the mitigation monitoring program contained in the conditions of approval included as Attachment B of the staff report dated December 2, 1999, as revised at the hearing of February 2, 2000; 3. Grant a modification to the Zoning Ordinance regulations relative to marking and striping of parking spaces; and 4. Approve Development Plan 98-DP-035, subject to the conditions contained in Attachment B of the staff report dated December 2, 1999, as revised at the hearing of February 2, 2000, and Board letter dated June 15, 2000, and further revised by the Board letter dated July 13, 2000.

2 Board of Supervisors Hearing of July 25, 2000 Appeal of Royal Oaks Winery Development Plan, 98-DP-035 AP01 Page 2 The attached findings and conditions of approval reflect the Board of Supervisors action of July 25, Sincerely, Michael Draze Deputy Director, Development Review FOR JOHN PATTON, DIRECTOR cc: Case File: 98-DP-035 AP01 Planning Commission File Richard Corral, Planning Technician Address File: 3010 Roblar Avenue, Santa Ynez, CA Agent: Lisa Bodrogi, Precision Planning, 1407 Revere Street, Santa Maria, CA Appellant: Brian Macy, 2150 Refugio Road, Santa Ynez, CA Mary Ann Slutzky, Deputy County Counsel Brian Tetley, Planner Barbara Phillips, North County Reference Binder North County DP Binder Attachments: Board of Supervisor s Minute Order dated July 25, 2000 Findings MD:cm F:\GROUP\Dev_Rev\WP\Dp\98_CASES\98dp035\boardactltr doc

3 ATTACHMENT A: FINDINGS 1.0 CEQA FINDINGS 1.1 The Planning Commission has considered the Negative Declaration 98-ND-22 together with the comments received and considered during the public review process. The negative declaration reflects the independent judgment of the Planning Commission and has been completed in compliance with CEQA, and is adequate for this proposal. 1.2 The Planning Commission finds that through feasible conditions placed upon the project, the significant impacts on the environment have been eliminated or substantially mitigated. Proposed changes to the project description do not change the conclusions of the Negative Declaration. 1.3 The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the Interim Secretary of the Santa Barbara County Planning Commission, Ms. Jackie Campbell, Planning and Development Department, located at 123 E. Anapamu St., Santa Barbara, CA Public Resources Code Section requires the County to adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of approval in order to mitigate or avoid significant effects on the environment. The approved project description and conditions of approval, with their corresponding permit monitoring requirements, are hereby adopted as the monitoring program for this project. The monitoring program is designed to ensure compliance during project implementation. 2.0 ADMINISTRATIVE FINDINGS 2.1 Article III Zoning Ordinance Development Plan Findings Pursuant to Article III section , a Preliminary or Final Development Plan shall be approved only if all of the following findings can be made: That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed. The project site is located in an inner-rural setting characterized by intermixed agricultural and ranchette residential uses. The project site is adjacent to Highway 154, a State designated scenic highway. The project site contains approximately 18 acres of vineyards, which would supply grapes for wine processing. The 14,250 s.f. winery development would be located on the northernmost acre parcel with adequate space to accommodate the proposed facility and level of operations. The proposed building site has been previously disturbed, therefore project development in this location would minimize loss of agricultural areas or soils or undue land alteration. The proposed development would meet existing zoning development standards on the site. The proposed development received preliminary approval from the Board of Architectural Review, and the project would be subject to adequate conditions to ensure consistency with County development policies, regulations, and standards That adverse impacts are mitigated to the maximum extent feasible. As discussed in Negative Declaration 98-ND-22, potential project impacts associated with grading, drainage and erosion; dust; oak tree damage; noise; fire hazard; hazardous materials

4 Findings Page A-2 use; and aesthetics would be mitigated to less than significant levels and to the maximum extent feasible with application of identified mitigation measures That streets and highways are adequate and properly designed. As discussed in Negative Declaration 98-ND-22 and the project specific Traffic Impact Analysis dated September 3, 1999, Refugio Road, Roblar Avenue and Highway 154 operate at acceptable levels of service and could accommodate traffic generated by the project without significant effect. Traffic mitigation fees would be required to offset the project s incremental effect on traffic That there are adequate public services, including but not limited to, fire protection, water supply, sewage disposal, and police protection to serve the project. As discussed in Negative Declaration 98-ND-22, process wastewater and sewage disposal would be adequately accommodated with on-site systems. Recommended conditions of approval as well as County and State regulatory processes and standards would ensure appropriate design of systems. Existing police and fire protection services would adequately serve the project. Recommended conditions of approval as well as County regulatory standards would ensure adequate on-site fire protection measures That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas. Establishment of the proposed winery, as an agriculturally related use, would conform to county policies to promote agricultural uses and support agricultural expansion and intensification in appropriate locations. As indicated in the traffic analysis, daily winery operations would add minimal traffic to area roadways. As discussed in Negative Declaration 98-ND-22, the winery would be compatible with the inner-rural setting of the surrounding area. With the revised design, application of mitigation measures and additional conditions of approval to address grading, drainage, erosion, dust, hazardous waste management, fire hazard, biological resource protection, aesthetics and noise as well as County and State regulatory processes would ensure that the project would not be detrimental to neighborhood health, safety, comfort, convenience and welfare That the project is in conformance with the applicable provisions of Article III and the Comprehensive Plan. As discussed in Sections 6.2 and 6.3 of this report, with application of conditions of approval, the project would be consistent with all applicable provision of the Comprehensive Plan and zoning ordinance That in designated rural areas the use is compatible with and subordinate to the scenic and rural character of the area. As an agriculturally related use, the winery would be compatible with the immediately surrounding vineyards on the property, and with the inner-rural status of the area which is characterized by agricultural uses and ranchette residences. With the revised design and appropriate conditions of approval requiring adequate landscape screening, final design review and approval by BAR, and including the application of appropriate materials and colors, the project is compatible and subordinate to the scenic and rural character of the area.

5 Findings Page A That the project will not conflict with any easements required for public access through, or public use of a portion of the property. The proposed project is located on private property. Winery development and operation would not conflict with existing public use of Highway 154 or any public right-of-way or utility easements in the area. Access to existing trail easements along Refugio Road and Roblar Avenue would not be altered or impeded.

6 ATTACHMENT B: CONDITIONS OF APPROVAL I. PROJECT DESCRIPTION This Final Development Plan is based upon and limited to compliance with the project description, the hearing exhibits marked A-D, and the project plans dated November 10, 1999, 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 changes to the approved permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval. 1. The project description is as follows: Request of Lisa Bodrogi, agent for Donald Smith, property owner, to consider Case No. 98- DP-035 [application filed on October 23, 1998] for approval of a Final Development Plan under the provisions of the AG-I-40 (Agriculture) Zone District of Article III of the County Zoning Ordinance, to develop a 11,850 s.f. winery complex (including 1,200 s.f. of residential space), and a 2,400 s.f. storage building. The application involves AP Nos ;-052, located at the southwest corner of the intersection of Roblar Avenue and Highway 154 (known as 3010 Roblar Avenue and 2200 Refugio Road, respectively), Santa Ynez Valley area, Third Supervisorial District. The winery would produce wine from grapes grown on the existing approximately 18.0 acres of vineyards on the two adjacent parcels and on other local agricultural land. The winery would produce a maximum of 20,000 cases annually. Total annual wine case production would be limited to 16,000 cases in the first four years of operation, and 20,000 cases annually thereafter. Winery processes would include grape crushing, stemming, cleaning, fermenting, wine finishing, bottling, storing and settling. Wine production would occur daily between the hours of 8:00 a.m. to 5:00 p.m. A total of four (4) employees would manage the tasting room and up to seven (7) would run the wine production operations. A wine-tasting room would be open to the public daily between the hours of 10:00 a.m. to 4:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. Saturday, Sunday and National Holidays. During the first four years of operation, the wine-tasting room would be open to the public four days per week November through March and five days per week April through October. One-day special events would be hosted at the winery within the interior group tasting area and designated lawn area between the main building and the wine production building. The requested number and type of special events are as follows: - A maximum of two (2) one-day special events per year of up to 100 guests with no outdoor amplified music or sound. These events would conclude by 10:00 p.m. and all clean-up activities would conclude by 11:00 p.m. In no case would more than one (1) special event occur in any given month. Catering services prepared off-site would provide food. The winery structure would front along Roblar Avenue, approximately 110 from the edge of pavement. The winery structures would have an average height of 23 feet with a maximum height of 30 feet. The winery building will be limited in maximum height to no greater than 26 feet. The Warehouse building will be limited to a roof height not to exceed 30 feet. Architectural details, materials, colors, and roofing materials shall be the same on all winery buildings and accessory structures. Access to the winery would be provided via a one-way asphalt driveway leading into a 33-space (two handicapped spaces) paved parking lot. Overflow-parking spaces would be provided during special events within a 10,088 s.f. yard area north of the parking lot and within

7 Page B-2 the paved work yard area behind the wine production facilities. A total of one hundred twentyseven (127) parking spaces would be available for special events. The main building would consist of a 2,650 s.f. tasting room, 1,600 s.f. group tasting/barrel storage warehouse, and a 1,600 s.f. portion consisting of offices, commercial kitchen and restroom facilities. An additional 1,200 s.f. residential unit, including bathroom and kitchen facilities, would be provided on the second floor as the Winemaker s Quarters. The wine production facilities would be provided within a 4,800 s.f. building devoted to processing activities, including fermentation and filtration, and storage space including barrel storage and cold storage. The exterior area southeast of the wine production building would be used as a work yard for grape crush activities, loading and unloading, and bottling (via a mobile or onsite unit). An additional 2,400 s.f. storage building would be constructed south of the wine production facility for future expansion. A fenced lawn/garden area of approximately 11,000 s.f. would be utilized for outdoors special event functions. Landscaping would be installed around the winery and parking lot, in part, to screen said development from existing roadways. Two septic systems would be installed to handle wastewater flows from the winery. One system would handle flow from the wine processing areas, and an additional system would handle domestic flow (bathrooms, kitchen, etc.). Water for the winery would be provided from the Santa Ynez River Water Conservation Improvement District #1 via an existing 4 agricultural meter for wine production and a new 2 domestic meter for all public and employee uses. All utilities would be installed underground. All exterior lighting would be hooded and directed away from adjacent properties and roadways. II. MITIGATION MEASURES FROM 99-ND Construction Hours Construction activity for site preparation and for future development shall be limited to the hours between 8:00 a.m. and 5:00 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 same hours. Non-noise/vibration generating construction activities such as interior painting are not subject to these restrictions. Plan Requirements: Two (2) signs stating these restrictions shall be provided by the applicant and posted on site. Timing: Prior to issuance of a Land Use Permit, the applicant shall provide photographic documentation of each installed sign. Signs shall be in place prior to and throughout grading and construction activities. Violations may result in suspension of permits. MONITORING: P&D shall review photographic documentation. Building Inspectors and Permit Compliance shall spot check and respond to complaints. 3. Erosion Control The applicant shall limit excavation and grading to the dry season of the year (i.e. April 15 to November 1) unless a Building & Safety approved erosion control plan is in place and all measures therein are in effect. All exposed graded surfaces shall be reseeded with ground cover vegetation to minimize erosion. Plan Requirements: This requirement shall be noted on all grading and building plans. Timing: Graded surfaces shall be reseeded within 4 weeks of grading completion, with the exception of surfaces graded for the placement of structures. These surfaces shall be reseeded if construction of structures does not commence within 4 weeks of grading completion.

8 Page B-3 MONITORING: P&D shall site inspect during grading to monitor dust generation and 4 weeks after grading to verify reseeding and to verify that construction has commenced in areas graded for placement of structures. 4. Dust Control A dust control plan shall be implemented to ensure that dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. Reclaimed water shall be used whenever possible. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used in sufficient quantities to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day. Increased watering frequency will be required whenever wind exceeds 15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed, the entire area of disturbed soil shall be treated immediately by watering or revegetating or spreading soil binders to prevent wind pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin. f) The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. Plan Requirements/Timing: All dust control plan requirements shall be shown on grading and building plans. The name and telephone number of dust control monitor shall be provided to APCD. Condition shall be adhered to throughout all grading and construction periods. The dust monitor shall be designated prior to commencement of grading. MONITORING: P&D shall ensure measures are on plans. P&D, Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. APCD inspectors shall respond to nuisance complaints. 5. Tree Replacement and Protection Program A tree protection and replacement program, prepared by a P&D-approved arborist /biologist shall be implemented. The program shall include but not be limited to the following components: a. Construction envelopes shall be designated on final grading and building plans and located outside the driplines of all native specimen oak trees. All ground disturbances including grading for buildings, accessways, easements, subsurface grading, sewage disposal, utility

9 Page B-4 lines, and materials/equipment/vehicle storage, staging or operation shall be prohibited within the driplines of specimen oaks where feasible. Also excepted from this requirement is the 20 inch diameter oak in the parking area and the 40 inch oak near the driveway because of their proximity to development areas. b. Paving shall be pervious material (i.e., gravel, brick without mortar) where access roads or driveways encroach within 6 feet of a native specimen oak tree's dripline, and drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. c. All specimen oak trees within 25 feet of proposed ground disturbances shall be temporarily fenced with chain-link or other material satisfactory to P&D throughout all grading and construction activities. The fencing shall be installed six feet outside the dripline of each specimen oak tree, where feasible and shall be staked every six feet. All trees located within 25 feet of proposed buildings shall be protected from stucco or paint during construction. d. Any roots encountered that are one inch in diameter or greater shall be cleanly cut. Any trenching required within the dripline or sensitive root zone of any specimen tree shall be done by hand. No permanent irrigation shall occur within the dripline of any existing oak tree. Any construction activity required within three feet of an oak tree's dripline shall be done with hand tools. e. Any oak trees which are removed and/or damaged (more than 25% of root zone disturbed) shall be replaced on a 10:1 basis with 1 gallon size saplings grown from locally obtained seed, and maintained with irrigation for five years, or until established. f. Any unanticipated damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by P&D. This mitigation may include, but is not limited to, posting of a performance security, tree replacement on a 10:1 ratio, and hiring of an outside consultant biologist to assess the damage and recommend mitigation. The required mitigation shall be done immediately under the direction of P&D prior to any further work occurring on site. Any performance securities required for installation and maintenance of replacement trees will be released by P&D after its inspection and approval of such installation. Plan Requirements: Prior to approval of land use permits for winery grading and development, the applicant shall submit a copy of a tree protection and replacement plan with grading and/or building plans to P&D for review and approval. All aspects of the tree protection plan shall be implemented as approved. Timing: All measures must be in place throughout all grading and construction activities, unless otherwise specified. MONITORING: Permit Compliance shall conduct site inspections throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures. 6. Fire Protection Plan To minimize fire hazards, a Fire Protection Plan shall be implemented. The plan shall include the following measures, to be installed prior to construction/occupancy of the project as required by the Fire Department: a. Onsite private drives shall meet Fire Department requirements for width, grade, surfacing, and turnarounds.

10 Page B-5 b. Addressing shall be installed in accordance with Fire Department requirements. c. Fire hydrants shall be installed and meet Fire Department requirements as to the number, location, water flow and pressure. d. Fire extinguishers shall be maintained onsite in accordance with Fire Department requirements. e. An automatic fire sprinkler system shall be installed in accordance with Fire Department requirements. f. Onsite water storage for use in fire response shall be maintained onsite in quantity and pressure as specified by the Fire Department. g. Landscaping shall meet requirements of Fire Department with respect to fuel management. Plan Requirements and Timing: A Fire Protection Plan shall be submitted to Planning and Development and the Fire Department for review and approval prior to approval of Land Use Permits for grading and construction. MONITORING: A site inspection shall be conducted by Fire and P&D compliance personnel prior to occupancy clearance. 7. Landscaping Plan Revised landscape plans shall be provided showing additional and/or substitute non-deciduous trees to screen parking area and winery building from Roblar Avenue. The project landscaping shall consist of drought-tolerant native and/or Mediterranean type species that adequately screen the proposed parking lot from surrounding land uses as well as soften the impact of project development on public viewsheds. Landscaping shall be compatible with the character of the surroundings and the architectural style of the structure. Plan Requirements/Timing: Prior to Land Use Clearance, the applicant/owner shall enter into a bonded agreement with the County to install required landscaping and water-conserving irrigation systems and maintain required landscaping for the life of the project. The applicant shall also submit four copies of a final landscape and water-conserving irrigation plan to P&D for review and approval. Prior to occupancy clearance, landscaping and irrigation shall be installed. MONITORING: Prior to occupancy clearance, Permit Compliance staff shall photographically document installation. Permit Compliance staff shall check maintenance as needed. Release of any performance security requires Permit Compliance signature. 8. Lighting Plan Any exterior night lighting installed on the project site shall be of low intensity, low glare design, shall be installed at a minimum height for adequate illumination, and shall be hooded to direct light downward onto the subject parcel and prevent spill-over onto adjacent parcels. Applicant shall develop a Lighting Plan incorporating these requirements. Except for lighting required for agricultural, residential and/or security purposes, lighting shall be extinguished when the winery is closed. No up-lighting of landscaping or building features shall be permitted. Plan Requirements/Timing: The locations of all exterior lighting fixtures and an arrow showing the direction of light being cast by each fixture and the height of the fixtures shall be depicted on a Lighting Plan to be reviewed and approved by P&D and BAR. P&D and

11 Page B-6 BAR shall review and approve a Lighting Plan in compliance with this measure prior to approval of a Land Use Permit for structures. MONITORING: Permit Compliance shall inspect structures upon completion to ensure that exterior lighting fixtures have been installed consistent with their depiction on the final Lighting Plan. 9. Design Compatibility The design, scale and character of the project architecture shall be compatible with vicinity development. Plan Requirement and Timing: The applicant shall submit architectural drawings of the project for review and final approval by the Board of Architectural Review prior to approval of Land Use Permits. Specific architectural design modifications shall include: (1) no portion of the winery building shall exceed 26 feet in height; (2) additional architectural detail shall be added to the east elevation of the processing/warehouse building to insure design compatibility with the winery building; (3) the future warehouse building shall be architecturally compatible with the principal buildings; and (4) colors, siding materials and roof materials shall be consistent with samples provided to the Planning Commission on all buildings. Grading plans, if required, shall be submitted to P&D concurrent with or prior to Board of Architectural Review plan filing. Project signs shall not be located at the intersection of Roblar Avenue and Highway 154 or at any place fronting on Highway 154. Signage located on Roblar Avenue shall minimize visual impacts to the scenic highway and residential character of the neighborhood. MONITORING: P&D shall confirm BAR final approval. 10. Hazardous Materials In the event that storage, handling, or use of hazardous materials, as defined by the Fire Department, occurs onsite, the applicant shall implement a Hazardous Materials Business Plan (HMBP). Plan Requirements and Timing: Prior to occupancy clearance, the applicant shall submit a HMBP to Fire Department for review and approval. The plan shall be updated annually and shall include a monitoring section. The components of HMBP shall be implemented as indicated in the approved Business Plan. MONITORING: Fire Department will monitor as specified in the Business Plan. III. PROJECT-SPECIFIC CONDITIONS 11. Archaeological Discovery In the event archaeological remains are encountered during grading and/or demolition, 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. This condition shall be printed on all building and grading plans. P&D shall check plans prior to approval of Land Use Permits and shall spot check in the field.

12 Page B Special Events Reporting The operator shall provide a written report annually in January of each year to Permit Compliance documenting all special events held the previous year, including provision of attendance figures and any traffic/circulation problems encountered. Permit Compliance may determine after five years that annual reports are no longer needed if the facility remains in compliance and no unexpected problems occur. 13. Source of Wine Grapes 14. Signs To monitor compliance with ordinance requirements for use of specified percentages of local grapes, the operator shall provide a written annual report in January of each year regarding the source of grapes utilized in the prior year. Permit Compliance may determine after ten years that annual reports are no longer needed if the facility remains in compliance. No signs of any type are approved with this action. All signs require Board of Architectural Review and a Land Use Permit, and shall comply with the Santa Barbara County Code Chapter 35, Article I (Sign Regulations). IV. DEVELOPMENT PLAN CONDITIONS 15. Expiration Approval of the Development Plan shall expire five (5) years after final approval, unless prior to the expiration date, substantial physical construction has been completed on the development or the applicant has applied for a time extension. The decisionmaker with jurisdiction over the project may, upon good cause shown, grant a time extension for one year. 16. Time Extension If the applicant requests a time extension for this permit/project, the permit/project 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. Mitigation fees shall be those in effect at the time of approval of a LUP. OTHER DEPARTMENT REGULATIONS 17. Compliance is required with Departmental memoranda as follows: a. Air Pollution Control District dated December 7, 1998 b. Environmental Health Services dated May 19, 1999 c. Fire Department dated November 5, 1998 d. Flood Control dated October 12, 1999 e. Park Department dated March 5, 1999 f. Transportation Division (Public Works) dated February 2, 2000.

13 Page B-8 COUNTY RULES AND REGULATIONS, AND LEGAL REQUIREMENTS 18. Additional Permits Required Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, or rebuilding of any building, structure, or improvement, the applicant shall obtain a Land Use Permit from Planning and Development Department. The Permit is required by ordinance and is necessary to ensure implementation of the conditions required by the Planning Commission. Before Planning and Development will issue any Permit, the applicant must obtain written clearance from all departments having conditions; such clearance shall indicate that the applicant has satisfied all pre-construction conditions. A form for such clearance is available in Planning and Development 19. Signed Agreement to Comply Required Prior to approval of Land Use Permits for the project, the owner shall sign and record an agreement to comply with the project description and all conditions of approval. 20. Landscape Requirements Landscaping shall be maintained for the life of the project. Two performance securities shall be provided by the applicant prior to approval of Land Use Permits, one equal to the value of installation of all items listed in section (a) below (labor and materials) and one equal to the value of maintenance and/or replacement of the items listed in section (a) for 3 years of maintenance of the items. The amounts shall be agreed to by P&D. Changes to approved landscape plans may require a substantial conformity determination or an approved change to the plan. The installation security shall be released upon satisfactory installation of all items in section (a). If plants and irrigation (and/or any items listed in section (a) below) have been established and maintained, P&D may release the maintenance security 3 years after installation. If such maintenance has not occurred, the plants or improvements shall be replaced and the security held for another year. If the applicant fails to either install or maintain according to the approved plan, P&D may collect security and complete work on property. The installation security shall guarantee compliance with the provision below: a. Installation of tree protection measures, landscaping, irrigation with timers, any walls and fences, in accordance with the approved landscape and tree protection plans prior to occupancy clearance. MONITORING: P&D shall inspect landscaping and improvements for compliance with approved plans prior to authorizing release of both installation and maintenance securities. 21. Print and illustrate conditions on plans All applicable final conditions of approval shall be printed in their entirety on applicable pages of grading/construction or building plans submitted to P&D or Building and Safety Division. These shall be graphically illustrated where feasible. 22. Mitigation Monitoring required The applicant shall ensure that the project complies with all approved plans and all project conditions including those that must be monitored after the project is built and occupied. To accomplish this the applicant agrees to:

14 Page B-9 a. Contact Planning and Development (P&D) Department compliance staff as soon as possible after project approval to provide the name and phone number of the future contact person for the project and give estimated dates for future project activities. b. Contact P&D compliance staff at least two weeks prior to commencement of construction activities to schedule an on-site pre-construction meeting with the owner, compliance staff, other agency personnel and with key construction personnel. c. Pay fees prior to approval of Land Use Permits as authorized under ordinance and fee schedules to cover full costs of monitoring as described above, including costs for P&D to hire and manage outside consultants when deemed necessary by P&D staff (e.g. noncompliance situations, special monitoring needed for sensitive areas including but not limited to biologists, archaeologists) to assess damage and/or ensure compliance. In such cases, the applicant shall comply with P&D recommendations to bring the project into compliance. The decision of the Director of P&D shall be final in the event of a dispute. 23. Fees Required Prior to issuance of Land Use Permit, the applicant shall pay all applicable P&D permit processing fees in full. 24. Change of Use Any change of use in the proposed building or structure shall be subject to environmental analysis and appropriate review by the County including building code compliance. 25. Indemnity and Separation Clauses 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 Preliminary and Final Development Plans. 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. 26. Legal Challenge 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.