SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Malfo Recorded Map Modification

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Deputy Director: Zoraida Abresch Staff Report Date: November 5, 2007 Division: Development Review -North Case No.:07RMM for TPM 14,583 Staff Contact: Dana Carmichael Environmental Document: CEQA Section Supervising Planner: Gary Kaiser [Addendum to an EIR or Negative Declaration] Planner s Phone #: (805) OWNER: Steve Malfo 5575 Stillwell Road Santa Maria, CA (805) AGENT: Leroy Cadena 1136 Kit Way Santa Maria, CA (805) Proposed Project Site ENGINEER/SURVEYOR: Jon McKellar 910 E. Stowell Rd. Ste 107 Santa Maria, CA (805) The site is identified as Assessor Parcel Number , located west of US Hwy 101 and south of Clark Avenue, in the Orcutt area, Fourth Supervisorial District. Application Complete: October 5, 2007 Processing Deadline: 60 days from Acceptance of Addendum 1.0 REQUEST Hearing on the request of Leroy Cadena, agent for Steve Malfo, owner, to consider Case No. 07RMM , [application filed on September 19, 2007] to modify Condition # 27 as approved under TPM 14,583 in the RR-5 zone district under Section of the Land Use Development Code; and approve the Addendum to Negative Declaration (02-ND-30) pursuant to the State Guidelines for Implementation of the California Environmental Quality Act. There are no new significant environmental impacts as a result of this modification request. The original ND identified significant but mitigable effects on the environment in the following categories: Aesthetics/Visual Resources, Air Quality, Biological Resources, Cultural Resources, Geologic Processes and Noise. The ND and all documents may be reviewed at the Planning and Development Department, 624 W. Foster Rd., Santa Maria. The ND is also available for review at the Santa Maria Public Library located at 420

2 Page 2 S. Broadway, Santa Maria, CA The application involves AP No , located west of US Hwy 101, south of Clark Avenue in the Orcutt area, Fourth Supervisorial District. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No. 07RMM marked "Officially Accepted, County of Santa Barbara, November 28, 2007, Santa Barbara County Planning Commission Exhibit No. 1, based upon the project's consistency with the Comprehensive Plan and based on the ability to make the required findings. Your Commission's motion should include the following: 1. Adopt the required findings for the project specified in Attachment A of this staff report, including CEQA findings. 2. Accept the Addendum to 02-ND-30, pursuant to Section of the CEQA Guidelines, included in Attachment B.1 of this staff report, as adequate environmental review for the project. 3. Approve the project subject to the conditions included as Attachment C. Refer back to staff if the Santa Barbara County Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This project is being considered by the Santa Barbara County Planning Commission based upon Chapter 21 of the County Code Section g which states that any proposed modification of a Parcel Map shall require a public hearing before the decision-maker with current jurisdiction for the Parcel Map proposed to be modified. The Planning Commission has permit authority over the subject Parcel Map because it was determined to be subject to environmental review. 4.0 ISSUE SUMMARY The applicant is requesting approval to modify Condition #27, which restricts all structural development to a building envelope. The building envelope was designated on the subject parcel to ensure oak tree protection. Condition # 4 from the Eskridge Parcel Map requires that prior to Land Use Permit approval the applicant shall submit grading plans, building plans and a tree protection and replacement plan to Planning and Development for review and approval. This condition requires tree protection but still allows for tree removal or damage. Staff agrees that the applicant should be allowed to further develop the parcel. However, such development should still be sited and designed to avoid the need for tree removal. Rather than eliminate condition #27 altogether, staff recommends that it be modified to prohibit tree removals in conjunction with development.

3 Page Site Information 5.0 PROJECT INFORMATION 2.1 Site Information Comprehensive Plan Residential Ranchette, five acre minimum parcel size Designation Zoning District, Ordinance Residential Ranchette, RR-5, LUDC, Five acres minimum lot size. Site Size 5.00 acres gross/net Present Use & Development Developed with 3,589 sq. ft. single family dwelling, 500 sq. ft. storage building, 4 portable storage sheds each approx. 160 sq. ft. Surrounding Uses/Zoning North: Residential Ranchette (RR-5) South: Residential Ranchette (RR-5) East: Residential Ranchette (RR-5) West: Planned Residential Development (PRD) Access Access to the property is via Stillwell Road Public Services Water Supply: Golden State Water Company Sewage: Laguna County Sanitation District Fire: Santa Barbara County Fire Department Station # 22 (Tiffany Park) School District: Santa Maria Joint Union High School District, Orcutt Union School District. 5.2 Project Description The proposed project is a request of Leroy Cadena, agent for Steve Malfo, owner, to consider case number 07RMM for approval under County Code Chapter 21 to modify condition # 27 of TPM 14,583 as follows: All future development shall be sited and designed to avoid damage and/or removal to any oak tree. The building envelope must be depicted on the recorded map; other than the driveway and utility lines, no structures, including structures which are otherwise exempt may be located outside the building envelope. The modification of condition #27 would allow for further development on the subject 5.00-acre parcel without the potential for significant impacts on the environment. The site is located in the RR-5 zone district under the Santa Barbara County Land Use and Development Code, west of US Hwy 101 and south of Clark Avenue in the Orcutt area, Fourth Supervisorial Distrct. No grading, tree or vegetation removal is proposed as a part of this project. All Conditions of Approval and specifications for the project as approved for TPM 14,583 remain in place except for the modification to condition # 27 as proposed for 07RMM Background Information

4 Page 4 The parcel was created by TPM 14,583 which recorded on July 18, The existing building envelope is approximately 9,810 square feet in size and currently contains an existing approximately 3,589 square foot single family dwelling which was permitted August 22, Project Discussion 6.0 PROJECT ANALYSIS The building envelope was designated on the subject parcel to ensure oak tree protection. In retrospect, it does not seem necessary or appropriate to limit all future development to a building envelope that is less than 10,000 square feet in order to protect the native oak trees. Most of the site is flat and devoid of mature vegetation. In lieu of a building envelope, condition #27 would be modified so that all future development shall be sited and designed to avoid the damage and/or removal to any oak tree. 6.2 Environmental Review CEQA Section allows for an addendum to a previously adopted environmental impact report (EIR) or negative declaration (ND) if some changes or additions are necessary and unless substantial evidence would require major revisions of the previous EIR or ND due to substantial changes in the proposed project because of: 1) new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) substantial changes to the circumstances under which the project is undertaken due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) new information of substantial importance. Section of the State CEQA Guidelines is found to be applicable to the proposed Recorded Map Modification, as some changes are required but new significant environmental effects will not occur. Previously identified environmental effects will not increase in severity, and no new information of substantial importance will require revisions to the previously certified EIR or ND. 6.3 Comprehensive Plan Consistency REQUIREMENT Land Use Development Policy #. 4. Prior to issuance of a use permit, the County shall make the finding, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public and private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service DISCUSSION Consistent. Water would continue to be provided by the Golden State Water Company and sanitary services would continue to be provided by the Laguna County Sanitation District. Access to the property would continue to be via Stillwell Road. Therefore, adequate public and private resources are available to serve the proposed development.

5 Page 5 REQUIREMENT connections or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the land use plan. Land Use Development Policy #5. Within designated urban areas, new development other than that for agricultural purposes shall be serviced by the appropriate public sewer and water district or an existing mutual water company, if such service is available. DISCUSSION Consistent. The subject parcel is currently served by the Golden State Water Company, and the Laguna County Sanitation District. Hillside and Watershed Protection Policies Policy #1. Plans for development shall minimize cut and fill operations. Plans requiring excessive cutting and filling may be denied if it is determined that the development could be carried out with less alteration of the natural terrain. Policy #2. 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 to development because of known soil, geologic, flood, erosion or other hazards shall remain in open space. Visual Resources Policy #3. 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. Policy #5. Utilities, including television, shall be placed underground in new developments in Consistent: Removing the existing building envelope on the subject parcel and modifying condition #27 to restrict oak tree removals would not cause excessive amounts of cut and fill operations. Future development on the parcel would be required to comply with the Santa Barbara County Grading Ordinance and Santa Barbara County Land Use and Development Code. Consistent: Future development on the subject parcel should consider height, bulk and scale to fit with the existing surroundings. The proposed project would not require the removal of any significant trees. Conditions of Approval as listed in Attachment C shall ensure compliance. Consistent. Any future development on the subject parcel would be designed to be compatible with the existing scale and character of the surrounding neighborhood. Consistent. County regulations require that all utilities to serve new development must be placed

6 Page 6 REQUIREMENT accordance with the rules and regulations of the California Public Utilities Commission, except where cost of undergrounding would be so high as to deny service. underground. DISCUSSION 6.4 Zoning: Land Use and Development Code Compliance Compliance with Land Use and Development Code Requirements The proposed project site is zoned RR-5 Residential Ranchette, under Santa Barbara County s Land Use Development Code. The proposed project would be consistent with the RR-5 zone district standards, which requires a minimum lot size of five acres (gross) for each dwelling unit. The RR zone is applied in the inland area within Urban and Inner Rural areas and within Existing Developed Rural Neighborhoods where low density residential and agricultural uses are appropriate. This zone is intended to preserve the character of an area and to minimize the services required by providing for low density residential development. The proposed recorded map modification would comply with the zoning requirements of LUDC (Inland Zoning Ordinance) with respect to size and use and would comply with County Subdivision Regulations (Chapter 21) with respect to form and procedure. With application of conditions, the project would satisfy all applicable zoning and subdivision ordinance requirements. 6.5 Subdivision/Development Review Committee There were no departments that had conditions of approval. 7.0 APPEALS PROCEDURE The action of the Planning Commission may be appealed to the Board of Supervisors within 10 calendar days of said action: The appeal fee to the Board of Supervisors is $443. A. Findings B.1 CEQA Addendum B.2 Negative Declaration (02-ND-30) ATTACHMENTS

7 Page 7 C. Conditions of Approval (07RMM ) D. Original Conditions of Approval (TPM 14,583) E. Site Plan