SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT October 3, 2008

Transcription

1 SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT October 3, 2008 PROJECT: Helgeland Agricultural Reservoir HEARING DATE: October 20, 2008 STAFF/PHONE: Nathan Eady, (805) GENERAL INFORMATION Case No(s) 08CUP Applicant/Phone: Nancy Helgeland Greyfox Street, Malibu, CA (310) Agent/Phone Steve Fort/SEP&PS 800 Santa Barbara Street, Santa Barbara, CA (805) EXECUTIVE SUMMARY A request for the approval of a Minor Conditional Use Permit (CUP) to allow the construction of a acre-feet agricultural reservoir. The project is consistent with all policy and ordinance requirements; refer to Attachment B for the proposed CEQA Exemption. 2.0 REQUEST Hearing on the request of Steve Fort on behalf of Nancy Helgeland, to consider Case No. 08CUP , [application filed on June 25, 2008] to allow the construction of an acre-foot agricultural reservoir on property zoned AG-II-100 in compliance with LUDC section ; and to accept the Exemption pursuant to Section 15061(b3) of the State Guidelines for Implementation of the California Environmental Quality Act. The project includes proposed grading activity which would affect approximately 5.25 acres of the site and require approximately 31,000 cubic yards of cut and 22,300 cubic yards of fill. The reservoir construction will include the installation of signage, fencing, and escape ropes intended to reduce the potential for accidental drowning by both humans and various animal species.

2 Page 2 The application involves AP No , located at 8900 Alisos Canyon Road, in the Los Alamos area, 3rd Supervisorial District. 3.0 RECOMMENDATION Adopt the required findings for the project as specified in Attachment A of this staff report, including CEQA findings, Accept the exemption, included as Attachment B, pursuant to CEQA Section 15061(b3), and Approve the project, 08CUP subject to the Conditions of Approval in Attachment C. 4.0 PROJECT SPECIFICATIONS Site Size: acres Comprehensive Plan Designation: Commercial Agriculture (AC) Ordinance/Zoning: Land Use and Development Code, AG-II-100 Surrounding Use, Zoning: North: AG-II-100/Agriculture and Single-family Res. South: AG-II-100/Agriculture and Single-family Res. East: AG-II-100/Agriculture and Single-family Res. West: AG-II-100/Agriculture and Singly-family Res. Services/Systems: Water: Private Wells Sewer: Not Applicable Fire: Santa Barbara County Fire Access: Alisos Canyon Road History: A Land Use Permit (07LUP ) for the construction of a barn, detached garage, and tack room on this project site was approved by Planning and Development on September 7, Present Use and Development: Approximately twenty-one acres of existing vineyard. Existing structures include one residence and five agricultural structures for a total gross square footage of approximately 10,700 square feet.

3 Page PLANNER COMMENTS 5.1 Policy Consistency The requested conditional use permit would allow the construction of a acre foot agricultural reservoir in the AG-II-100 zone district. The AG-II zone district is applied to areas appropriate for agricultural land uses on prime and non-prime agricultural lands located in the Rural Area of the County. The construction of an agricultural reservoir would be directly supportive of the onsite vineyards and supply consistent water pressure for irrigation and frost protection. Therefore, the project is an appropriate in use in the AG-II zone district. Additionally, the project meets all minimum LUDC requirements. The project is also consistent with Comprehensive Plan policies as it has been designed and located in an area of the project site which minimizes both visibility and required grading. The reservoir would not affect biological or cultural resources. 5.2 Environmental Determination The proposed project has been deemed exempt from the California Environmental Quality Act in accordance with CEQA Sec b3, the General Rule. This exemption applies to projects which do not pose the potential to have a significant effect on the environment. Through the selected project location, the defined limitations of the project description, and the application of standard County requirements, the project will not produce a significant effect on the environment. Further clarification is provided in the Notice of Exemption (Attachment B) located below. 6.0 APPEALS PROCEDURE The action of the Zoning Administrator may be appealed to the Planning Commission within the 10 calendar days following the date of the Zoning Administrator's decision by the applicant or an aggrieved person. The appeal fee to the Planning Commission is $ ATTACHMENTS A. Findings B. Notice of Exemption C. Conditions of Approval with attached Departmental letters D. Site Plan E. Preliminary Grading Plan F. Grading Profiles & Cross Sections G. Erosion Control Plan H. Soil Spreading Plan

4 Page A-1 ATTACHMENT A: FINDINGS OF APPROVAL 1.0 CEQA FINDINGS The proposed project is found to be exempt from environmental review pursuant to Section 15061(b3) of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). Section 15061(b3) states that CEQA only applies to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment, the activity is not subject to CEQA. For further clarification please see Attachment B, Notice of Exemption. 2.0 ADMINISTRATIVE FINDINGS 2.1 Findings for Conditional Use Permits The site for the proposed project is adequate in terms of location, physical characteristics, shape, and size to accommodate the type of use and level of development proposed. The proposed project site is approximately acres and has variable topographic features. The proposed footprint of the agricultural reservoir is located on slopes less than 20% and site placement is specifically intended to limit the amount of required grading to the maximum extent feasible. Therefore this finding can be made Significant environmental impacts will be mitigated to the maximum extent feasible. The proposed project includes the development of an agricultural reservoir with a acre-foot holding capacity. The location of this reservoir has been specifically sited in an area of the subject property which has been previously graded for agricultural cultivation. Therefore, the proposed development will not result in the removal of native plant material. In addition, the reservoir design allows for the retention of all existing oak trees located on the project site. The proposed project will not have significant impacts upon riparian biota or hydrology. The proposed project will draw groundwater from the San Antonio Groundwater Basin. This basin is currently in overdraft and an increase in ground water usage in an excess of 23 acre-feet per year would be considered a significant impact to the environment. However, the project involves an increase in water storage capacity, not pumping capacity. As a result, the project s only increase in groundwater usage would result from reservoir s annual evaporation rate. This evaporation would be well below the County s significance threshold. As a result the project will not have a significant affect on groundwater resources. Furthermore, the standard County project conditions (i.e. Dust Abatement, Oak Tree Protection Measures, Storm Water Best Management Practices, Archaeological Discovery Clause, etc.) would be applied to the project and would further reduce the potential for impacts to the environment. Therefore this finding can be made Streets and highways are adequate and properly designed. The proposed project will take vehicular access via an existing private road that extends southeast from Alisos Canyon Road. This private road is adequate to serve the project as

5 Page B-2 designed. The project will produce a minimal increase in traffic; however, this incremental increase in traffic is far below the County s threshold and will not result in a degradation of the current Level of Service on surrounding roads or highways. Therefore this finding can be made There will be adequate public services, including fire protection, police protection, sewage disposal, and water supply to serve the proposed project. The proposed agricultural reservoir will be fed by groundwater supplied by onsite private wells. The proposed project will draw groundwater from the San Antonio Groundwater Basin. This basin is currently in overdraft and an increase in ground water usage in an excess of 23 acre-feet per year would be considered a significant impact to the environment. However, the project involves an increase in water storage capacity, not pumping capacity. As a result, the project s only increase in groundwater usage would result from reservoir s annual evaporation rate. This evaporation would be well below the County s significance threshold. No sewage will be produced by the proposed project; therefore no disposal system is required. Adequate Santa Barbara County Fire and police protection are available to serve the project. Therefore this finding can be made The project will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood and will be compatible with the surrounding area. The project site is located in an agricultural zone (AG-II-100) which allows the construction of agricultural reservoirs, subject to the approval of a minor conditional use permit. The proposed agricultural reservoir and associated improvements were designed to conform to all applicable County requirements to ensure that detrimental effects will not occur to the health, safety, comfort, convenience, and general welfare of the neighborhood. The project includes the installation of fencing, signage, and escape ropes to prevent the accidental drowning of both humans and animals. Therefore this finding can be made The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan, including any applicable community or area plan. The proposed construction of an agricultural reservoir and associated improvements would not be in conflict with any applicable policies or requirements of the Comprehensive Plan or the Santa Barbara County Land Use and Development Code as noted in Section 5.1 of the staff report dated October 3, Therefore this finding can be made In designated rural areas the use will be compatible with and subordinate to the rural and scenic character of the area. The proposed agricultural reservoir has been designed in a manner which is compatible with the rural and scenic character of the area. The reservoir footprint has been placed in a location, which due to elevation and topographic features of the site, will not be readily visible from the public views. The reservoir will provide irrigation for an existing agricultural operation (vineyards). Therefore, this finding can be made.

6 Page B The project will not require extensive alteration of the topography. The project proposes 31,000 cubic yards of cut and 22,300 cubic yards of fill. Excess fill will be distributed across areas of the project site which are currently being developed with additional vineyards. The proposed footprint of the agricultural reservoir is located on slopes less than 20% in grade. The structural design of the reservoir and site placement are specifically intended to limit the amount of required grading to the maximum extent feasible. There are no significant geologic, paleontological, or physical features in the project area which would be disturbed. Therefore this finding can be made The project will not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream water courses or water bodies. The proposed grading process associated with the project may result in the temporary exposure of soils and therefore increase the probability of erosion during storm events. However, the application of County s standard Grading, Erosion, and Drainage-control Measures would ensure that no significant erosion would occur. The proposed project will not have significant impacts upon riparian biota or hydrology. The proposed project will draw groundwater from the San Antonio Groundwater Basin. This basin is currently in overdraft and an increase in ground water usage in an excess of 23 acre-feet per year would be considered a significant impact to the environment. However, the project involves an increase in water storage capacity, not pumping capacity. As a result, the project s only increase in groundwater usage would result from reservoir s annual evaporation rate. This evaporation would be well below the County s significance threshold. Therefore this finding can be made The project will not cause any significant adverse effect on environmentally sensitive habitat areas, plant species, or biological resources. The proposed project includes the development of an agricultural reservoir with a acre-foot holding capacity. The location of this reservoir has been specifically sited in an area of the subject property which has been previously graded for agricultural cultivation. Therefore, the proposed development will not result in the removal native plant material. In addition, the reservoir design allows for the retention of all existing oak trees located on the project site. The proposed project will not have significant impacts upon riparian biota or hydrology. The proposed project will draw groundwater from the San Antonio Groundwater Basin. This basin is currently in overdraft and an increase in ground water usage in an excess of 23 acre-feet per year would be considered a significant impact to the environment. However, the project involves an increase in water storage capacity, not pumping capacity. As a result, the project s only increase in groundwater usage would result from reservoir s annual evaporation rate. This evaporation would be well below the County s significance threshold. Furthermore, the application of standard County project conditions (i.e. Dust Abatement, Oak Tree Protection Measures, Storm Water Best Management Practices, Archaeological Discovery Clause, etc.) would prevent the project from creating significant impacts to the environment. Therefore this finding can be made.

7 Page B-1 ATTACHMENT B: ENVIRONMENTAL DOCUMENT NOTICE OF EXEMPTION TO: FROM: Santa Barbara County Clerk of the Board of Supervisors Nathan Eady, 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: Case No.: 08CUP Location: 8900 Alisos Canyon Road, Los Alamos, CA, Project Title: Helgeland Agricultural Reservoir Project Description: A Minor Conditional Use Permit (CUP) is proposed to allow the construction of an Agricultural Reservoir with a surface area of approximately 2 acres and a capacity of acre-feet of water. Proposed grading includes 31,000 cubic yards of cut and 22,300 cubic yards of fill. Excess fill dirt will spread onsite in areas proposed for future vineyard planting. The reservoir construction will include the installation of signage, fencing, and escape ropes intended to reduce the potential for accidental drowning by both humans and various animal species. Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project: County of Santa Barbara Nancy Helgeland Exempt Status: (Check one) Ministerial Statutory Exemption Categorical Exemption Emergency Project X General Rule Exemption Cite specific CEQA and/or CEQA Guideline Section: 15061(b3) Reasons to support exemption findings: The project qualifies for the CEQA Sec b3, General Rule exemption as it proposes the development of an agricultural reservoir intended to serve surrounding vineyards. This development has no associated residential population which could create impacts such as increased traffic, overuse of public facilities, etc. The proposed reservoir footprint located in an area previously disturbed by agricultural cultivation and does not contain significant native vegetation or water courses. The reservoir design does not require the removal of native trees. Additionally, archaeological and biological surveys of the site indicate that the project has a very low probability of disturbing important resources. Furthermore, the application of standard County project conditions (i.e. Dust Abatement, Storm Water Best Management Practices, Oak Tree Protection Measures, Archaeological Discovery Clause, etc.) would prevent the project from creating significant impacts to the environment. Lead Agency Contact Person: Nathan Eady Phone #: (805) Department/Division Representative Date

8 Page B-2 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:.

9 Page C-1 ATTACHMENT C: CONDITIONS ATTACHMENT C-1 SANTA BARBARA COUNTY CONDITIONAL USE PERMIT CASE NO. 08CUP A Conditional Use Permit is Hereby Granted: TO: Nancy Helgeland APN: PROJECT ADDRESS: 8900 Alisos Road, Los Alamos, CA ZONE: AG-II-100 AREA/SUPERVISORIAL DISTRICT: Los Alamos/Third District FOR: Helgeland Agricultural Reservoir This permit is subject to compliance with the following condition(s): I. Project Description: 1. This Minor Conditional Use Permit is based upon and limited to compliance with the project description, the hearing exhibits marked Exhibit 1, dated October 20, 2008 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 modification to the permit and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval. The project description is as follows: Per Santa Barbara County Code Chapter 35, a Minor Conditional Use Permit (CUP) is proposed to allow the construction of a acre foot Agricultural Reservoir. Proposed grading includes 31,000 cubic yards of cut and 22,300 cubic yards of fill. Excess fill dirt will spread onsite in areas proposed for future vineyard planting. The reservoir construction will include the installation of signage, fencing, and escape ropes intended to reduce the potential for accidental drowning by both humans and various animal species. The proposed reservoir will be served by a private agricultural well and the Santa Barbara County Fire Department. Access would be provided via an existing private road extending southeast from Alisos Canyon Road. The property is approximately acres gross and net, the parcel is zoned AG-II-100 and known as Assessors Parcel Number , located at 8900 Alisos Canyon Road in the Los Alamos area, Third Supervisorial District.

10 Page C-2 The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of structures, parking areas and landscape areas, 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 must be submitted for review and approval and shall be implemented as approved by the County. II. Standard County Requirements 2. If the construction site is graded and left undeveloped for over four weeks, the applicant shall employ the following methods immediately to inhibit dust generation: a. seeding and watering to revegetate graded areas; and/or b. spreading of soil binders; and/or c. any other methods deemed appropriate by Planning and Development. Plan Requirements: These requirements shall be noted on all plans. Timing: Plans are required prior to Land Use Clearance. MONITORING: Grading Inspector shall perform periodic site inspections. 3. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below. a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used 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 and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Plan Requirements: All requirements shall be shown on grading and building plans. Timing: Condition shall be adhered to throughout all grading and construction periods.

11 Page C-3 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. 4. 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 off-site. Their duties shall include holiday and weekend periods when work may not be in progress. Plan Requirements: The name and telephone number of such persons shall be provided to the APCD. Timing: The dust monitor shall be designated prior to Land Use Clearance. MONITORING: P&D shall contact the designated monitor as necessary to ensure compliance with dust control measures. 5. An oak tree protection and replacement program shall be prepared and implemented as approved by P&D. The program shall include but not be limited to the following components: a. Program elements to be graphically depicted on final grading and building plans: i. The location and extent of dripline for all trees and the type and location of any fencing. ii. To avoid disturbance to oak trees, site preparation and construction of building pads shall avoid disturbance to existing oak trees. Construction envelopes shall be located outside the driplines of all oak trees. All ground disturbances including grading for buildings, accessways, easements, subsurface grading, sewage disposal, and well placement shall be prohibited outside construction envelopes. iii. Equipment storage and staging areas shall be designated on approved grading and building plans outside of dripline areas. iv. Paving shall be of pervious material (i.e., gravel, brick without mortar) where access roads or driveways encroach within 25 feet of an oak tree s dripline. v. Permanent tree wells or retaining walls shall be specified on approved plans and shall be installed prior to approval of Land Use Permits. A P&D-qualified arborist or biologist shall oversee such installation. vi. Drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. These plans shall be subject to review and approval by P&D or a P&D-qualified biologist/arborist.

12 Page C-4 b. Program elements to be printed as conditions on final grading and building plans: i. No grading or development shall occur within the driplines of oak trees that occur in the construction area. ii. All 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 oak tree, and shall be staked every six feet. iii. No construction equipment shall be parked, stored or operated within six feet of the dripline of any oak tree. iv. Any roots encountered that are one inch in diameter or greater shall be cleanly cut. This shall be done under the direction of a P&D-approved arborist/biologist. v. No permanent irrigation shall occur within the dripline of any existing oak tree. vi. Any trenching required within the dripline or sensitive root zone of any specimen tree shall be done by hand. vii. Only designated trees shall be removed. viii. 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 10-gallon size saplings grown from locally obtained seed. Where necessary to remove a tree and feasible to replant, trees shall be boxed and replanted. A drip irrigation system with timer shall be installed. Trees shall be planted prior to occupancy clearance and irrigated and maintained until established (five years). The plantings shall be protected from predation by wild and domestic animals, and from human interference by the use of staked, chain link fencing, and gopher fencing during the maintenance period. ix. A P&D approved arborist shall be onsite throughout all grading and construction activities which may impact oak trees. Plan Requirements: Prior to approval of Land Use Permits, the applicant shall submit a copy of the grading and/or building plans to P&D for review and approval. All aspects of the plan shall be implemented as approved. Prior to approval of Land Use Permits, the applicant shall successfully file and receipt evidence of posting a performance security which is acceptable to P&D.

13 Page C-5 Timing: Timing on each measure shall be stated where applicable; where not otherwise stated, all measures must be in place throughout all grading and construction activities. 6. 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 grading plans prior to Land Use Clearance. MONITORING: P&D shall spot check in the field. 7. A grading and erosion control plan shall be designed to minimize erosion and shall include the following: a. Graded areas shall be revegetated within 4 weeks of grading activities with deep rooted, native, drought-tolerant species to minimize slope failure and erosion potential. Geotextile binding fabrics shall be used if necessary to hold slope soils until vegetation is established. b. Grading on slopes steeper than 5:1 shall be designed to minimize surface water runoff. Plan Requirements: The grading and erosion control plan(s) shall be submitted for review and approved by P&D prior to Grading Permit issuance. The applicant shall notify Permit Compliance prior to commencement of grading. Timing: Components of the grading plan shall be implemented prior to final. MONITORING: Permit Compliance will photo document revegetation and ensure compliance with plan. Grading inspectors shall monitor technical aspects of the grading activities. 8. 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 plans.

14 Page C-6 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. MONITORING: P&D shall site inspect during grading to monitor dust generation and 4 weeks after grading to verify reseeding and to verify the construction has commenced in areas graded for placement of structures. 9. 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 same hours. Non-noise generating construction activities such as interior painting are not subject to these restrictions. Plan Requirements: Two signs stating these restrictions shall be provided by the applicant and posted on site. Signs shall be in place prior to beginning of and throughout grading and construction activities, and proof of placement (e.g. photos) shall be submitted to P&D prior to Zoning Clearance issuance. Violations may result in suspension of permits. Timing: Signs shall be in place prior to beginning of and throughout grading and construction activities. Violations may result in suspension of permits. III. County Rules and Regulations 10. 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 Conditional Use 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. 11. 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 entire project shall be reviewed by the County and substitute conditions may be imposed. 12. This Conditional Use Permit is not valid until a Zoning Clearance for the development and/or use has been obtained. Failure to obtain said Zoning Clearance shall render this Conditional Use Permit null and void. Prior to the issuance of the Zoning Clearance, all of the conditions listed in this Conditional Use Permit that are required to be satisfied prior to issuance of the Zoning Clearance must be satisfied. Upon issuance of the Zoning Clearance, the Conditional Use Permit shall be valid. The

15 Page C-7 effective date of this Permit shall be the date of expiration of the appeal period, or if appealed, the date of action by the Board of Supervisors. 13. If the Zoning Administrator determines at a Noticed Public Hearing, that the permittee is not in compliance with any permit condition(s), pursuant to the provisions of Subsection B of the County Land Use & Development Code, the Zoning Administrator is empowered, in addition to revoking the permit pursuant to said section, to amend, alter, delete, or add conditions to this permit. 14. Any use authorized by this CUP shall immediately cease upon expiration or revocation of this CUP. Any LUP issued pursuant to this CUP shall expire upon expiration or revocation of the CUP. CUP renewals must be applied for prior to expiration of the CUP. 15. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance by the permittee of all conditions of this permit. 16. Within 18 months after the effective date of this permit, construction and/or the use shall commence. Construction or use cannot commence until a Zoning Clearance has been issued. (18 months is measured from expiration of a 10 day appeal period, or the date after the matter is heard and approved on appeal to the Board of Supervisors.) 17. 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 issuance of land use clearance. 18. Compliance with Departmental letters required as follows: a. Santa Barbara County Fire Department has no conditions. b. Public Works, Department of Flood Control has no conditions. c. Public Works, Department of Transportation has no conditions. d. Environmental Health Services memo dated September 30, e. Santa Barbara County Parks Department has no conditions. f. Project Clean Water has no conditions. g. County Surveyor s Office has no conditions. IV. This permit is issued pursuant to the provisions of Section of the County Land Use & Development Code and is subject to the foregoing conditions and limitations; and this permit is further governed by the following provisions: a. If any of the conditions of the Conditional Use Permit are not complied with, the Commission, after written notice to the permittee and a noticed public hearing, may in addition to revoking the permit, amend, alter, delete or add conditions to this permit at a subsequent public hearing noticed for such action.

16 Page C-8 b. A Conditional Use Permit shall become null and void and automatically revoked if the use permitted by the Conditional Use Permit is discontinued for more than one year. c. Said time may be extended by the Zoning Administrator one time for good cause shown, provided a written request, including a statement of reasons for the time limit extension request is filed with Planning and Development prior to the expiration date. Dianne Black Director of Development Services, For JOHN BAKER, DIRECTOR Date cc: Minute Book (original copy) Case File: 08CUP APCD Fire Department Flood Control Parks Department Public Works Environmental Health Services Applicant/Owner: Nancy Helgeland Grayfox Street, Malibu, CA Agent: Steve Fort, SEP&PS 800 Santa Barbara Street, Santa Barbara, CA Deputy County Council

17 Page C-9 Environmental Health Services Condition Letter

18 Page D-1 ATTACHMENT D: SITE PLAN

19 Page E-1 ATTACHMENT E: PRELIMINARY GRADING PLAN

20 Page F-1 ATTACHMENT F: GRADING PROFILES & CROSS SECTIONS

21 Page G-1 ATTACHMENT G: EROSION CONTROL PLAN

22 Page H-1 ATTACHMENT H: SOIL SPREADING PLAN