SANTA BARBARA COUNTY PLANNING COMMISSION Coastal Zone Staff Report: Santa Claus Lane Time Extension and Replacement Coastal Development Permit

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1 SANTA BARBARA COUNTY PLANNING COMMISSION Coastal Zone Staff Report: Santa Claus Lane Time Extension and Replacement Coastal Development Permit Hearing Date: Staff Report Date: July 18, 2013 Case No.: 13TEX , 13CDP Deputy Director: Alice McCurdy Division: Development Review Supervising Planner: Anne Almy Supervising Planner Phone #: Planner Contact: Nicole Lieu Environmental Document: CEQA Guidelines Section Planner s Phone #: Mitigated Negative Declaration (08NGD ) OWNER/APPLICANT Valerie Froscher Froscher Lewis Designs 205 Santa Barbara Street Santa Barbara CA, (805) VICINITY MAP Project Site The site is identified as APN s , and , known as 3717 Santa Claus Lane, located in the Carpinteria Area, First Supervisorial District. Application Submitted: April 11, 2013 Application Complete: May 2, 2013

2 Page REQUEST Hearing on the request of Valerie Froscher to consider the following: a) Case No. 13TEX [application filed on April 11, 2013] for a one year time extension to August 7, 2014 (one year from the approval of the time extension), for Case No. 07DVP in compliance with Section b. of Article II, on property zoned C-1; b) Case No. 13CDP [application filed on April 11, 2013], for approval of a Coastal Development Permit in compliance with Section of the Article II Coastal Zoning Ordinance, on property zoned C-1, for demolition of 2,042 square feet of commercial structures, construction of three mixed-use commercial and residential buildings totaling 4,589 square feet including four commercial units and three residential units, setback modifications to allow encroachment into the front and side yard setbacks, grading of approximately five cubic yards of cut and 1,200 cubic yards of fill, and new landscaping; and to accept 08NGD as adequate environmental review pursuant to Section of the State Guidelines for Implementation of the California Environmental Quality Act. The application involves AP Nos , and , located at 3117 Santa Claus Lane, in the Carpinteria Area, First Supervisorial District. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No s. 13TEX and 13CDP marked "Officially Accepted, County of Santa Barbara (August 7, 2013) County Planning Commission Attachment-E, based upon the project's consistency with the Comprehensive Plan, including the Coastal Land Use Plan and Toro Canyon Community Plan and based on the ability to make the required findings. Your Commission's motion should include the following: 1. Make the required findings for approval of the project specified in Attachment-A of this staff report, including CEQA findings. 2. After considering the environmental review document, included as Attachment-C [Mitigated Negative Declaration dated May 28, 2008] determine that as reflected in the CEQA findings, no subsequent Environmental Impact Report or Negative Declaration shall be prepared for this project; 3. Approve Case No. 13TEX subject to the conditions included as Attachment-B; and,

3 Page 3 4. Approve Case No. 13CDP subject to the conditions included as Attachment-B. Refer back to staff if the County Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION The Development Plan Time Extension is being considered by the County Planning Commission because the County Planning Commission was the original decision-maker on the Development Plan and based upon Article II, Section b, which states:... Final Development Plans shall expire five years after approval unless, prior to the expiration date, substantial physical construction has been completed on the development or a time extension has been applied for by the applicant. The decision-making body with jurisdiction for the development project may, upon good cause shown, grant a time extension of one year. The Development Plan shall expire one year from the date the extension was granted or two years from the expiration date of the originally approved Final Development Plan, whichever comes first. A written request to extend the life of the Final Development Plan must be received prior to the expiration of such Plan. The original project included a Tract Map (07TRM ) which fell under the jurisdiction of the County Planning Commission and, pursuant to Article II, Section B, elevated the decision-maker for the project as a whole to the County Planning Commission. Article II, Section B states: When two or more applications are submitted that relate to the same development project and the individual applications would be under the separate jurisdiction of more than one decisionmaker, all applications for the project shall be under the jurisdiction of the decision-maker with the highest jurisdiction as follows in descending order: 1. Board of Supervisors 2. Planning Commission 3. Zoning Administrator 4. Director Therefore the decision-maker for the Time Extension is also the County Planning Commission. A Coastal Development Permit is required pursuant to Article II, Section a, which states:

4 Page 4 An application for a Coastal Development Permit shall be processed concurrently and in conjunction with any associated applications for a Conditional Use Permit or a Final Development Plan. The Coastal Development Permit (08CDP ) originally approved in conjunction with the Development Plan has expired and therefore the proposed project includes a request for a new Coastal Development Permit (13CDP ) to accompany the Development Plan. Because the original decision-maker for the Development Plan and Tract Map was the County Planning Commission, pursuant to Article II, Section B, the County Planning Commission is the decision-maker for the proposed Coastal Development Permit. 4.0 ISSUE SUMMARY On May 28, 2008, the County Planning Commission approved a Final Development Plan, Coastal Development Permit and Tract Map/Voluntary Lot Merger (Case No s: 07DVP , 08CDP , and 07TRM ) for merger of three existing parcels and construction of three mixed use commercial and residential buildings. The Tract Map/Voluntary Lot Merger was completed in December As a result of ownership changes and economic hardship, the Coastal Development Permit expired before construction of the project was ready to begin. The Development Plan was scheduled to expire in May 2013, but the applicant submitted the currently proposed time extension to halt the expiration and to request a one year time extension. In addition, the applicant is seeking approval of a new Coastal Development Permit to replace the expired Coastal Development Permit. The new applications do not include any changes to the originally approved project. Therefore, all findings for approval of the Development Plan and Coastal Development can still be made and environmental review under Negative Declaration (08NGD ) continues to be adequate for the project. Conditions at the project site have not changed since permit approval and development standards for parcels in the coastal C-1 zone district have not changed since original approval of the project. 5.1 Site Information Comprehensive Plan Designation Zoning District, Ordinance Site Size 5.0 PROJECT INFORMATION Site Information Coastal rural area, C-1, Limited Commercial, 1-acre parcel size Toro Canyon Plan Coastal Zoning Ordinance (Article II), C-1, Limited Commercial, 1- acre parcel size, Flood Hazard Overlay, View Corridor Overlay, Design Control Overlay, Coastal Commission Appeal Jurisdiction Gross and net APN: , 0.09 acres gross and net APN: , 0.27 acres gross and net

5 Page 5 Present Use & Development Surrounding Uses/Zoning APN: , 0.01 acres gross and net 2,042 square feet of commercial structure North: Santa Claus Lane, Highway 101, Transportation Corridor (TC) South: Southern Pacific Railroad, Pacific Ocean, Transportation Corridor (TC) East: Undeveloped, C-1 West: Undeveloped, C-1 Santa Claus Lane Access Public Services Water Supply: Carpinteria Valley Water District Sewage: Carpinteria Sanitary District Fire: Carpinteria-Summerland Fire Protection District School: Carpinteria Unified School District Police: Santa Barbara County Sherriff 5.4 Description On May 28, 2008, the County Planning Commission approved a Final Development Plan and Coastal Development Permit to allow: Demolition of 2,042 square feet of commercial structures, construction of three mixeduse commercial and residential buildings of approximately 25 feet in height, including 745 square foot Commercial Unit #1A, 599 square foot Commercial Unit #1B, 959 square foot Commercial Unit #2A, 1,037 square foot Commercial Unit #3A, 1,535 square foot Residential Unit #1C, 1,302 square foot Residential Unit #2B, and 1,148 square foot Residential Unit #3B (for a total of 3,340 square feet of interior commercial development and 3,985 of interior residential development); setback modification to allow encroachment of 15 feet into the front yard setback from the road centerline and 15 feet into the front yard setback from the right-of-way to accommodate approximately 900 square feet of parking area (5 spaces); and, setback modification to allow encroachment of 10 feet into the side yard setback to accommodate approximately 300 square feet of required loading zone area. Seven commercial parking spaces (2 covered, 5 uncovered), and six residential parking spaces (5 covered, 1 uncovered), are proposed. No more than 5 employees would be employed at each of the proposed commercial units. The project site would be landscaped including a new sidewalk and landscaping partially within the Santa Claus Lane road right-of-way. Grading would include approximately five cubic yards of cut and 1,200 cubic yards of fill. Two juniper bushes with five inch diameter main stems would be removed. Low-wattage hooded lighting, including wall lights and path lights, is proposed. The project would be served by the Carpinteria Sanitary District, Carpinteria Valley Water District and Carpinteria-Summerland Fire District. Access to the site would continue via Santa Claus Lane.

6 Page 6 The proposed project is for a one year Time Extension to the previously approved Development Plan (07DVP ) and approval of a new Coastal Development Permit (13CDP ) to replace the expired Coastal Development Permit (08CDP ). 5.5 Background Information. The legal boundaries of the project area proposed for development were created on the north by the Highway Act of 1933, on the south by Indenture recorded March 29, 1887 in Deed Book 12, Page 566, on the west by Indenture recorded April 9, 1919 in Deed Book 165, Page 313, and on the east by Grant Deed recorded July 5, 1951 in Book 1000 of Official Records, Page 175. There have been no changes in the proposed project or in the development of surrounding properties since the original 2008 project approval. The previously approved Tract Map and Lot Merger were completed and recorded in The Voluntary Lot Merger extinguished two small lots of less than.1 acres each and merged them into the larger.27-acre parcel. The small lots were located inside the boundaries of the larger lot and therefore did not change the exterior configuration of the parcel. The Tract Map created seven condominium lots including four commercial lots and three residential lots. 6.1 Environmental Review 6.0 PROJECT ANALYSIS A Negative Declaration (08NGD ) was approved for the previous project (Santa Claus Lane Mixed-Use Development Project, Case No s: 07DVP , 08CDP , and 07TRM ), and is included as Attachment-C to this report. The potential environmental impacts of the Santa Claus Lane Mixed-Use Development Project were evaluated in 08NGD and mitigation measures for these impacts were incorporated into the Condition of Approval for the Santa Claus Lane Mixed-Use Development Project. Because a Negative Declaration (ND) was previously adopted, CEQA Guidelines Section states that no subsequent EIR or ND shall be prepared for this project unless one or more of the following have occurred: a. Substantial changes are proposed in the project which will require major revisions of the previous ND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No changes to the previously approved project are proposed. Impacts identified under the previously approved Mitigated Negative Declaration (08NGD ) would remain the same. No new significant environmental effects would occur and no substantial increase in the severity of previously identified significant effects would occur.

7 Page 7 b. Substantial changes will occur with respect to the circumstances under which the project is being undertaken which will require major revisions to the previous ND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No substantial change has, or is anticipated to occur with respect to the circumstances under which the project is being undertaken. The project site remains a relatively flat site, vegetated with non-native vegetation and developed with one existing structure (previously, and currently, proposed for demolition). Previously identified mitigation measures designed to reduce impacts in the areas of Aesthetics/Visual Resources, Air Quality, Cultural Resources, Fire Protection, Geologic Processes, Noise, Transportation/Circulation, and Water Resources/Flooding to less than significant would continue to be adequate for project and currently existing site conditions. There are no project changes proposed, or changes to the project site that would result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. c. New information of substantial importance, which was not known and could not have been known at the time the previous ND was adopted as complete, has become available. No new information of substantial importance, which was not known and could not have been known at the time the previous ND was adopted as complete, has become available. As discussed above, there have been no substantial changes to site conditions, no changes to the previously approved project are proposed and all previously adopted mitigation measures would continue to be adequate to reduce identified impacts to less than significant. 08NGD evaluated the potentially significant long and short-term impacts of development of the subject property and significant but mitigable impacts were identified in association with the following issue areas: Aesthetics/Visual Resources, Air Quality, Cultural Resources, Fire Protection, Geologic Processes, Noise, Transportation/Circulation, and Water Resources/Flooding. 08NGD found that all of these potential impacts were subject to feasible mitigation. Mitigation measures included lighting restrictions, architectural review requirements, dust control measures, erosion control measures, structural foundation requirements, and use of specific construction materials and techniques to reduce living space sound levels. Incorporation of these mitigation measures into the Conditions of Approval (included as Attachment-B of this Staff Report, dated July 18, 2013) for the proposed project would adequately address potential environmental impacts. No impacts previously found to be insignificant are now significant. Because none of the conditions in State CEQA Guidelines Section have occurred with respect to the project, no subsequent Environmental Impact Report or Negative Declaration shall be prepared.

8 Page Comprehensive Plan Consistency REQUIREMENT Coastal Land Use Plan Policy 2-6: Prior to the issuance of a development permit, the county shall make the finding, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public or private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions 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 indicated in the land use plan. 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 that are not suited for development because of known soils, geologic, flood, erosion, or other hazards shall remain in open space. Land Use DISCUSSION Consistent: Can-and-will-serve letters from the Carpinteria Valley Water District and Carpinteria Sanitary District have been provided for the project. Carpinteria Sanitary District sewer easements exist within Santa Claus Lane and sewer laterals would extend from the project site to connect with existing sewer lines. The project has been conditioned to require final approval from the Carpinteria Fire District prior to building permit issuance. Currently existing police protection services would be adequate to support the project. Access to the site is currently, and would continue to be, provided via Santa Claus Lane. Driveways off of Santa Claus Lane would provide access to parking spaces on-site. The project has been designed to fit site topography and existing site conditions. Grading included as a part of the project would include approximately five cubic yards of cut and 1,200 cubic yards of fill, keeping grading and site preparation to a minimum given the site constraints. No natural landforms would be altered as a part of the project and no native or specimen trees would be removed. Two nonnative, non-specimen juniper bushes would be removed. The existing site is suitable for development with the proposed new structures. New or substantially improved structures would be structurally supported on caissons or piles to protect against flooding and/or geologic liquefaction. Coastal Act Policy 30251: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be Aesthetics/Visual Resources Consistent: The project is located in a View Corridor overlay area. An existing commercial structure on the property partially blocks views to the ocean from Highway 101 and to the

9 Page 9 REQUIREMENT sited and designed to protect views to and along the ocean and scenic coastal areas to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. 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. DISCUSSION mountains from Santa Claus Beach. The project would include construction of new structures visible to the public from Highway 101 and Santa Claus Beach. However, the proposed project would result in a net decrease in view blockage due to clustering of development and has been sited and designed to protect views to and along the ocean. The project would not result in alteration of natural landforms. The architectural design of the proposed structures would be beach cottage style, compatible with the beach environment and existing structures in the area. Exterior paint colors include muted greys and blues that blend with the ocean and mountain backdrop and are compatible with the beach side setting. The South County Board of Architectural Review (SBAR) found vertical clustering and the use of view corridors to be successful in providing public views of the ocean and mountains. Therefore, the project would be compatible with the character of the surrounding area. Maintenance of view corridors, restrictions on lighting and architectural review requirements included in conditions of approval 3 through 7 would ensure that development would protect views along the coast and that development would be in conformance with the character of the existing community. Therefore, the scenic and visual qualities of the area would be protected. DevStd GEO-TC-5.1: For any construction project that includes earth moving activities, the construction contractor shall implement Air Pollution Control District (APCD) dust control measures. Policy GEO-TC-5: Grading shall be carried out in a manner that minimizes air pollution. Air Quality Consistent: The project has been conditioned to require minimization through implementation of APCD dust control measures required under conditions 8 through 10, including, but not limited to, seeding and watering to revegetate graded areas, spreading of soil binders, and use of water trucks or sprinkler systems to prevent dust from migrating off the site.

10 Page 10 REQUIREMENT Coastal Land Use Plan Policy 10-1: All available measures shall be explored to avoid development on significant historic, prehistoric, archaeological, or other classes of cultural sites. Policy FIRE-TC-1: The County shall coordinate with the Carpinteria and Montecito Fire Protection Districts to maintain and improve fire prevention and protection service for the residents of the Toro Canyon Planning Area Cultural Resources Fire Protection DISCUSSION Consistent: The project site has been disturbed as a result of previous development and is covered by degraded concrete and asphalt. A number of archaeological surveys have been undertaken in close proximity to the project site, including a survey of the Southern Pacific Railroad easement area adjacent to the project site (report reference numbers E-1447, E-1445, E-1446, E-1449, E-1811). These surveys did not reveal the presence of archaeological resources. On October 5, 2007, P&D in-house archaeological advisor, Lisa Hosale, completed a preliminary survey of the project site. No archaeological resources were found as a result of this survey, and uncovering of archaeological resources is not expected. However, condition No.11 requires work stoppage in the event that archaeological resources are found. Consistent: The project is not located in a high fire hazard area. Ed Foster, Fire Prevention Officer with the Carpinteria-Summerland Fire District, stated that the project and site design meet fire-vehicle access requirements, including requirements for driveway width and design (personal communication between Nicole Lieu, Planning and Development Department and Ed Foster, Carpinteria-Summerland Fire District, February 20, 2008). The project would be located within the bounds of the Carpinteria- Summerland Fire District and would be within safe Fire District response time. Additionally, the project has been conditioned to require review and approval from the Carpinteria Fire District prior to Building permit issuance. Geologic Processes Policy GEO-TC-3: Development shall be Consistent: Development has been sited and sited and designed to minimize the potential designed to minimize the potential for geologic

11 Page 11 REQUIREMENT for geologic hazards, including but not limited to seismic, soil, or slope hazards. DISCUSSION hazards. The soil profile of the project site consists of brown sand with interbedded layers of silt. A layer of sandy silt, which has the potential to liquefy, is located feet below grade (Pacific Materials Laboratory, November 10, 2006). Exposure to earth conditions associated with liquefaction would be mitigated through condition No. 21, which requires that proposed structures be supported on driven piles as recommended by the Pacific Materials Laboratory Report. Noise Element Policy 1: In the planning of land use, 65 db Day-Night Average Sound Level should be regarded as the maximum exterior noise exposure compatible with noisesensitive uses unless noise mitigation features are included in project designs. Noise Element Policy 5: Noise-sensitive uses proposed in areas where the Day-Night Average Sound Level is 65 db or more should be designed so that interior noise levels attributable to exterior sources do not exceed 45 db L DN when doors and windows are closed. An analysis of the noise insulation effectiveness of proposed construction should be required, showing that the building design and construction specifications are adequate to meet the prescribed interior noise standard. Policy CIRC-TC-2: The County shall maintain a minimum Level of Service (LOS) B or better on classified roadways and intersections within Toro Canyon. Policy CIRC-TC-1: The County shall allow reasonable development of parcels within Toro Canyon while maintaining safe roadways and Noise Transportation/Circulation Consistent: Noise reduction measures (outlined in conditions No s.15 through 18) requiring the use of specific construction materials and techniques for walls, windows, etc., would reduce exterior living space sound levels to less than 65 db(a) and interior living space sound levels to less than the County s maximum interior noise exposure threshold of 45 db(a). Consistent with Noise Element Policy 5, the noise reduction measures outlined in conditions were developed based upon an analysis of noise at the project site (noise study by 45dB.com, May 23, 2006) and include specific construction techniques designed to meet the prescribed interior noise standard. In addition, P&D Building and Safety staff will inspect the project during all stages of construction to ensure that construction techniques and materials are implemented as required. Consistent: Intersections in the project area all currently operate at Level of Service (LOS) B or better. Intersection analysis for the project area found that the project would generate an increase in Volume to Capacity (V/C) of.001. This increase would not result in the addition of substantial vehicular movement and would allow intersections in the project area to

12 Page 12 REQUIREMENT intersections that operate at acceptable levels of service. DevStd CIRC-TC-1.6: In order to minimize vehicle trips to improve both transportation system efficiency and quality of life, transit, pedestrian, and bicycle access to commercial, recreational, and educational facilities shall be encouraged. Policy CIRC-TC-3: A determination of project consistency with the standards and policies of the Toro Canyon Plan Circulation Section shall constitute a determination of consistency with Coastal Land Use Plan Policy 2-6 and the Land Use Element's Land Use Development Policy 4 with regard to roadway and intersection capacity. DISCUSSION continue operation at LOS B. The LOS of intersections in the project area has not decreased since approval of the original project in Streets and highways in the vicinity of the project area are paved, adequately designed and adequate to carry the small amount of traffic generated by the proposed use. The project would include the addition of sidewalk, curb and gutter improvements, clearly marked parking spaces, a new bicycle parking area, a designated loading zone and clearly identifiable driveways adequate to support incoming and outgoing traffic. The addition of these traffic and circulation design components would improve the long-term safety and quality of life for bicyclists, pedestrians and residents/patrons. Coastal Land Use Plan Policy 3-12: Permitted development shall not cause or contribute to flood hazards or lead to expenditure of public funds for flood control works, i.e., dams, stream channelizations, etc. Coastal Land Use Plan Policy 3-18: Provisions shall be made to conduct surface water to storm drains or suitable watercourses to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil and surface conditions as a result of development. Water runoff shall be retained onsite whenever possible to facilitate groundwater recharge. Coastal Land Use Plan Policy 3-19: Degradation of the water quality of groundwater basins, nearby streams, or wetlands shall not result from development of the site. Pollutants, such as chemicals, fuels, lubricants, raw sewage, and other harmful waste, shall not be discharged Water Resources/Flooding Consistent: Surface runoff from the site currently drains in a southerly direction to a swale along the rail road tracks and then easterly to an existing culvert (letter from Dale Weber of MAC Design, dated February 7, 2008). Drainage improvements included as a part of the project would collect water at locations through the site, allow infiltration and percolation through structural infiltration components and ultimately direct water to the eastern culvert. The project incorporates post-construction Best Management Practices (BMP s) including minimization of impervious surfaces, minimization of soils disruption, and structural infiltration components to promote reductions in runoff. A hydraulic report, prepared by MAC Design Associates, found that runoff following completion of the project would be less than runoff that currently flows from the project site

13 Page 13 REQUIREMENT into or alongside coastal streams or wetlands either during or after construction. Washing of concrete, paint, or other equipment shall be allowed only in areas where polluted water can be contained during construction and in industrial settings. DISCUSSION (as a result of existing impervious surfaces). The project would maintain existing drainage patterns, thereby resulting in no changes in direction of water movements, in either marine or fresh waters or alterations to the course or flow of flood water. Project conditions require designation of a washout area, located 100 feet from sensitive resources, where polluted water and materials can be contained for subsequent removal from the site. 6.3 Zoning: Article II The proposed project site is zoned C-1, Limited Commercial, under the Santa Barbara County Coastal Zoning Ordinance, Article II. The structures proposed are compatible with the intent of the C-1 zone and with existing land use along Santa Claus Lane (which currently includes both commercial and residential uses). Although the project would be above the 15 foot View Corridor Overlay height limit, the project would still be consistent with View Corridor Overlay requirements because structures are allowed to exceed the 15 foot height limit where it can be found that, pursuant to Article II, Section b, an increase in height would facilitate clustering of development and result in greater view protection. The South County Board of Architectural Review found that an increase in height to 24 feet would, indeed, facilitate clustering of development and result in greater view protection. With approval of the Development Plan, including setback modifications to allow encroachment into the front and side yard setbacks, the project would be consistent with all setback requirements of the C-1 zone, including the requirement that, on lots where commercial uses are present, residential uses be secondary to the primary commercial use. In addition, consistent with the requirements of the C-1 zone, the project would only permit uses (retail, service, restaurants/cafes, offices, residential) allowed within the zone (Section 35-77A.3 Permitted Uses), would provide seven commercial and six residential parking spaces (Sections and ) and would not exceed the base height limit of 25 feet (Section A.9). Therefore, the proposed project would be consistent with all standards and development criteria in the C-1 zone and the Article II, Coastal Zoning Ordinance. 6.4 Subdivision/Development Review Committee The Subdivision/Development Review Committee reviewed the project on June 7, Public Works Flood Control asked for the preparation of a drainage study, architectural design with raised finish floors, and drainage review. The applicant submitted a preliminary hydraulic report and preliminary on-site grading and drainage plans. Jon Frye of County Flood Control reviewed

14 Page 14 the drainage plan and hydraulic study and concurred with findings that there would be no substantial change in drainage patterns and that the proposed reduction in impervious area would result in a reduction of runoff. The project has been conditioned (no. 20) to require that Finish Floor elevations be a minimum of 13 feet above mean sea level (NGVD 1929 Datum) or above the overland escape of adjacent railroad tracks. County Parks asked that fees be paid for the proposed residential units. The project has been conditioned (no. 31) to require the payment of Development Impact Mitigation Fees (DIMF), including Parks fees. Environmental Health Services asked to be provided with can and will serve letters from the Carpinteria Sanitary District and Carpinteria Water District; those letters have been provided. The Air Pollution Control District (APCD) asked for the incorporation of dust mitigation measures and asbestos notification; those conditions (no. 8-10) have been included in the conditions of approval. Building and Safety stated that grading and drainage plans, a soils report, a geology report and building permits would be required. These items will be provided to Building and Safety as a part of the normal Building Permit review process and will be reviewed for adequacy prior to Building Permit issuance. The Carpinteria Fire District asked for application for a demolition permit and the submission of sprinkler plans. The project has been conditioned (no. 12) to require review and approval from the Carpinteria Fire District prior to Building Permit issuance. The Surveyor asked that the final map be based on a field survey and monumented. Surveyor requirements were satisfied in December 2009 as a part of the map clearance process. 6.5 Design Review The South County Board of Architectural Review (SBAR) reviewed the project in December 2005, May 2006, July 2006 and November 16, 2007 to evaluate architectural style, site design, view impacts and neighborhood compatibility. After four meetings and a number of project revisions, the South County Board of Architectural Review (SBAR) found vertical clustering and the use of view corridors to be a successful design option for providing public views of the ocean and mountains. The SBAR found that an increase in height from 15 feet, as typically required in View Corridor Overlay Areas, to 25 feet, would facilitate clustering and result in greater view protection. The SBAR found the character and architectural design of the project to be consistent with the beach setting and surrounding properties and recommended that the project move forward for Planning Commission review (please see SBAR minutes included as Attachment-D). 7.0 APPEALS PROCEDURE The action of the Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days of said action. For developments which are appealable to the Coastal Commission under Section , no appeal fee will be charged.

15 Page 15 The action of the Board of Supervisors may be appealed to the Coastal Commission within ten (10) working days of receipt by the Coastal Commission of the County's notice of final action. ATTACHMENTS A. Findings B. Conditions of Approval with attached Departmental letters C. Negative Declaration D. South County Board of Architectural Review Minutes E. Project Plans