Planning Director Staff Report — Hearing on February 14, 2013 County of Ventura • Resource Management Agency - Ventura County, Californiavcportal.ventura.org/rma/planning-archives/pdf/meetings-agendas... ·

Planning Director Staff Report — Hearing on February 14, 2013 County of Ventura • Resource Management Agency • Planning Division 8005. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • ventura.org/rma/planning

A. PROJECT INFORMATION

1. Proposed Request: The applicant is requesting approval of a Parcel Map Waiver-Voluntary Merger (PMW-VM) (Case No. SD11-0029) with Conditional Certificate of Compliance conditions.

2. Applicant/Owner: Victor Valencia, 401 Grant Line Street, Santa Paula, CA 93060

3. Applicant's Representative/Surveyor: Donald Cox, Accurate Surveying & Engineering, 1911 Fulmar Avenue, Ventura CA 93003

4. Decision-Making Authority: Pursuant to the Ventura County Subdivision Ordinance (VCSO) [§ 8201-6, Definition of "Advisory Agency," Subsection (b)], the Planning Director is the decision-maker for the requested PMW-VM.

5. Project Site Location and Parcel Number: The project site is located at 401 Grant Line Street, near the City of Santa Paula, in the unincorporated area of Ventura County. The Tax Assessor's parcel number (APN) for the parcel that constitutes the project site is 107-0-180-375 (Exhibit 6).

6. Project Site Existing Land Use and Zoning Designations:

a. Countywide General Plan Land Use Map Designation: Existing Community-Urban Reserve (Exhibit 2)

b. Zoning Designation: R2-7,000 sf (Two-Family Residential, 7,000 square feet minimum lot size) (Exhibit 2)

7. Adjacent Zoning and Land Uses/Development (Exhibit 2):

Location in Relation to the

Project Site North South West

East

Zoning Land Uses/Development

City of Santa Paula Residential—single family residences

AE-40 ac Exclusive,

(Agricultural 40 acre

Santa Paula Creek and agriculture (citrus and avocado trees)

minimum lot size)

Planning Director Staff Report for SD11-0029 Planning Director Hearing on February 14, 2013

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8. Parcel History: The project site is comprised of:

• two lots that were legally created by conveyance (Deeds recorded on June 27,1958, in Book 1630 of Official Records, Page 74, and March 9, 1960, in Book 1845 of Official Records, Page 236); and,

• one illegal lot created by conveyance (Deed recorded on August 14, 1958, in Book 1645, Page 5 of Official Records) in violation of the Ventura County Subdivision Ordinance No. 859 parcel map approval requirement.

See Exhibit 3 (sketch map) for the configuration of the existing and proposed lots.

The applicant has requested the approval of a PMW-VM with Conditional Certificate of Compliance conditions (described below) to legalize one illegal lot by combining it with two legal lots. Once the lot is legal the applicant is to comply with the Code Enforcement compliance agreement CA10-0053. The compliance agreement is for the abatement of Zoning Violation ZVO3-0139 and Building Violation V02-000725 for an unpermitted room addition to a single family dwelling, as well as an unpermitted occupied storage building, which are located on the lots that are the subject of this project.

9. Project Description: The proposed project consists of a PMW-VM to combine three lots into one, as shown in the following table.

Parcel* Gross Area** Net Area Existing Parcel 1 8,712 sf (0.20 ac) 8,712 sf (0.20 ac) Existing Parcel 2 2,178 sf (0.05 ac) 1,742 sf (0.04 ac) Existing Parcel 3 5,227 sf (0.12 ac) 5,227 sf (0.12 ac) Proposed Parcel A 16,117 sf (0.37 ac) 15,681 (0.36 ac)

*See Exhibit 3 for the legal description and sketch maps of the parcels listed in this table. **sf = square feet, ac = acres

At 15,681 sf (net) in size, the proposed merged parcel (Parcel A) will satisfy the 7,000 sf minimum lot size requirement of the R2-7000 sf zone, and will be subject to Conditional Certificate of Compliance conditions as applicable. As discussed above, the proposed project will legalize the lots that were created in violation of the Subdivision Map Act. The City of Santa Paula provides domestic water and sewer service for the existing uses on the parcel. Proposed Parcel A is adjacent to Grant Line Street, a publicly maintained street that provides access to proposed Parcel A.

The voluntary merger of the three existing lots will create one legal lot. The legal lot will allow the applicant to proceed to apply for permits to abate the violations on the property that are the subject of Zoning Violation Case No. ZVO3- 0139 and Building Violation Case No. V02-000725 for an unpermitted room addition to a single family dwelling, as well as an unpermitted occupied storage building, which are located on the lots that are the subject of this project.


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B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE

Pursuant to CEQA (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, § 15000 et seq.), the subject application is not a "project" that is subject to environmental review.

The proposed PMW-VM is exempt pursuant to CEQA Guidelines § 15061(b)(3) the "general rule" that only projects that will have a significant effect on the environment are subject to CEQA. It has been demonstrated that this activity will not have a significant effect on the environment.

C. CONSISTENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goals, Policies and Programs (April 6, 2010, Edition, page 4) states:

...in the unincorporated area of Ventura County, zoning and any permits issued thereunder, any subdivision of land, any public works project, any public (County, Special District, or Local Government) land acquisition or disposition, and any specific plan, must be consistent with the Ventura County General Plan Goals, Policies and Programs, and where applicable, the adopted Area Plan.

Evaluated below is the consistency of the proposed project with the applicable policies of the General Plan Goals, Policies and Programs.

1. Resources Policy 1.1.2-1: All General Plan amendments, zone changes and discretionary development shall be evaluated for their individual and cumulative impacts on resources in compliance with the California Environmental Quality Act.

As discussed in Section B (above), the project is exempt from environmental review pursuant to CEQA Guidelines § 15061(b)(3) and will not result in a significant adverse project-specific impact, or make a significant contribution to cumulative impacts on resources.

Based on the discussion above, the proposed project will be consistent with this policy.

2. Resources Policy 1.3.2-4: Discretionary development shall not significantly impact the quantity or quality of water resources within watersheds, groundwater recharge areas or groundwater basins.

The proposed project consists of a PMW-VM to combine three existing lots into one legal lot. The project site is currently developed with an existing single family residence and accessory structures. As discussed above, the room addition and occupied storage building are the subject of zoning and building violations. The


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proposed PMW-VM will create one legal lot and thereby enable the property owner to obtain a Zoning Clearance and Building Permit to allow the room addition to remain. The property owner intends to remove the illegal storage building. By legally permitting the room addition and removing the illegal storage building, the applicant will abate the violations on the property.

The proposed project will not: (1) increase the number of lots or density of development that could occur within the project site; or, (2) create the potential to allow new uses on the lots, which currently are not allowed on the existing lots. Therefore, the proposed project will not result in increased demand for surface or groundwater resources.

The project site is located adjacent to Santa Paula Creek, but is separated from Santa Paula Creek by a U.S. Army Corps of Engineers' levee that has not been completed to date. Consequently, portions of the project site are located within a Zone A99 1% annual chance (100-year) Special Flood Hazard Area (SFHA) and a Zone X Shaded Area (outside the 100-year floodplain), pursuant to Federal Emergency Management Agency (FEMA) maps of the project site. The Public Works Agency, Watershed Protection District, Planning and Regulatory Division reviewed the proposed project and requested the Planning Director to apply a condition of approval to the PMW-VM to require the applicant to obtain a Floodplain Development Permit, prior to the issuance of a building permit, grading permit, or other permit issued by the County (Memo from Brian Trushinski, December 7, 2012). In order to obtain the Floodplain Development Permit, the applicant will be required to demonstrate compliance with all applicable regulations of the Ventura County Floodplain Management Ordinance (Exhibit 4, Condition No. 10). In doing so, the proposed project will not create a significant impact to Santa Paula Creek.


3. Resources Policy 1.6.2-6: Discretionary development adjacent to Agricultural-designated lands shall not conflict with agricultural use of those lands

As discussed above, the proposed project consists of a PMW-VM to combine three existing lots into one legal lot, in order to allow some of the existing development (some of which is illegal) to remain on the project site. The proposed project does not involve the introduction of a new use on the project site.

Agricultural-designated lands are located to the east of the project site and are currently cultivated with citrus and avocado orchards. The lands that are in agricultural production are located over 300' feet from the project site, and are separated from the project site by Santa Paula Creek. Given the distance between the Agricultural-designated lands and the physical separation between


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the project site and the Agricultural-designated lands due to Santa Paula Creek, the PMW-VM and continued residential use of the property will not adversely affect the agricultural operations on those lands. Therefore, the proposed project does not have the potential to conflict with agricultural uses on Agricultural-designated lands that are located within proximity to the project site.


4. Resources Policy 1.7.2-1: Notwithstanding Policy 1.7.2-2, discretionary development which would significantly degrade visual resources or significantly alter or obscure public views of visual resources shall be prohibited unless no feasible mitigation measures are available and the decision-making body determines there are overriding considerations

The proposed project consists of a PMW-VM to combine three existing lots into one legal lot, in order to allow the property to continue to be used for residential purposes, which includes a room addition that was illegally constructed. The project site is near two Eligible Scenic Highways—Highway 150, which is approximately 1 mile to the west of the parcel and Highway 126, which is approximately 0.5 miles south of the parcel. The proposed project does not involve the construction of any new buildings or structures, and does not involve the introduction of a new use (e.g., the parking or storage of equipment and materials) that could adversely affect scenic resources or obstruct public views of scenic resources. The room addition to be legalized will be 15 feet in height and, at that height, will not project into the skyline, be out of character with existing residential development surrounding the site, or block views of scenic resources (e.g., the Topa Topa Mountains) from Highway 150 or Highway 126.


5. Resources Policy 1.8.2-1: Discretionary developments shall be assessed for potential paleontological and cultural resource impacts, except when exempt from such requirements by CEQA. Such assessments shall be incorporated into a County wide paleontological and cultural resource data base.

As discussed above, the proposed project is exempt from CEQA environmental impact review per Section 15061(b)(3).


6. Hazards Policy 2.13.2-1: All discretionary permits shall be required, as a condition of approval, to provide adequate water supply and access for fire protection and evacuation purposes.


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The City of Santa Paula provides water service to the project site for fire protection purposes, and Grant Line Street, which is a publicly maintained street located adjacent to the project site, provides access to the project site.

The City of Santa Paula did not indicate any problems with continuing to provide water for the residential development at the project site (Memo from Caesar Hernandez dated August 29, 2012). Furthermore, the Ventura County Fire Protection District (VCFPD) reviewed the proposed project and determined that the existing water supply access to the project site complies with the VCFPD's standards and, therefore, did not recommend any conditions of approval to be applied to the proposed project.


7. Hazards Policy 2.16.2-1: All discretionary development shall be reviewed for noise compatibility with surrounding uses. Noise compatibility shall be determined from a consistent set of criteria based on the standards listed below. An acoustical analysis by a qualified acoustical engineer shall be required of discretionary developments involving noise exposure or noise generation in excess of the established standards. The analysis shall provide documentation of existing and projected noise levels at on-site and off-site receptors, and shall recommend noise control measures for mitigating adverse impacts.

(1) Noise sensitive uses proposed to be located near highways, truck routes, heavy industrial activities and other relatively continuous noise sources shall incorporate noise control measures so that:

a. Indoor noise levels in habitable rooms do not exceed CNEL 45. b. Outdoor noise levels do not exceed CNEL 60 or Leq1H of 65 dB(A) during

any hour.

(2) Noise sensitive uses proposed to be located near railroads shall incorporate noise control measures so that:

a. Guidelines (1)a. and (1)b. above are adhered to. b. Outdoor noise levels do not exceed L10 of 60 dB(A).

(3) Noise sensitive uses proposed to be located near airports:

a. Shall be prohibited if they are in a CNEL 65 or greater, noise contour. b. Shall be permitted in the CNEL 60 to CNEL 65 noise contour area only if

means will be taken to ensure interior noise levels of CNEL 45 or less...


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As discussed above, the proposed project consists of a PMW-VM to combine three existing lots into one legal lot, in order to allow the existing development (some of which is illegal) to remain on the project site. The proposed project does not involve the introduction of a noise-sensitive use (e.g., a new residential use) on the project site, but would facilitate the expansion of an existing residential use (i.e., allow the existing illegal addition to the single family dwelling, to remain). However, according the Resource Management Agency GIS database, the proposed project site is not located within any of the noise contours around a roadway, airport, or railroad, which exceed the standards for noise-sensitive uses.


8. Land Use Policy 3.1.2-6: Minimum Parcel Size: Except as provided below, subdivisions of land shall meet the most restrictive minimum parcel size requirements established by Figures 3.1 and 3.2a & b, by the applicable Zoning Compatibility Matrix established by the respective Area Plans or by the applicable Existing Community Map contained in this Chapter commencing with Figure 3.7...

Figure 3.2a of the General Plan Goals, Policies and Programs shows that the R2 zoning designation is compatible with the Existing Community-Urban Reserve land use designation, if the minimum parcel size allowed in the R2 zone is at least 3,500 square feet. The zoning designation of the property is R2-7,000 sf, which allows parcels that are a minimum of 7,000 square feet in size. The proposed project consists of a PMW-VM to combine three existing lots into one legal lot that will be 15,681 square feet (net) in size. Therefore, the proposed project will comply with the minimum lot size requirement of the R2-7,000 sf zone.


9. Land Use Policy 3.2.2-2: Existing Community:

(1) The Existing Community designation shall include existing unincorporated urban enclaves located outside cities and unincorporated urban centers.

(2) The Existing Community designation may recognize the range of zones present in the area, be they residential, commercial, or industrial, as well as the range of existing population densities and building intensities. The appropriate zoning, population densities, and building intensities shall be that allowed by the adopted Area Plan or, where no Area Plan exists, by the applicable Existing Community Map contained in this Chapter commencing with Figure 3.7. Because of the degree of specificity on the Existing Community Maps, any zone change


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within an Existing Community covered by a Zoning Map shall require a General Plan amendment.

Land Use Policy 3.2.2-7: Urban Reserve:

(1) The Urban Reserve overlay designation shall be applied to all unincorporated land within a city's adopted Sphere of Influence.

(2) Applicants for General Plan amendments, zone changes, and discretionary development should apply to the appropriate city and shall be discouraged from applying to the County.

Land Use Policy 3.1.2-11: Guidelines for Orderly Development: Discretionary development shall be consistent with the Guidelines for Orderly Development.

The project site has a land use designation of Existing Community-Urban Reserve, and is located within the City of Santa Paula's Sphere of Influence. The Guidelines for Orderly Development include the following policies that apply to areas within the City's Sphere of Influence:

• Applicants for land use permits or entitlements for urban uses shall be encouraged to apply to the City to achieve their development goals and discouraged from applying to the County.

• The City is primarily responsible for local land use planning and providing municipal services.

• Prior to being developed for urban purposes or to receiving municipal services, land should be annexed to the City.

• Annexation to the City is preferable to the formation of new or expansion of existing County service areas.

• Land uses allowed by the County without annexation should be equal to or more restrictive than land uses allowed by the City.

• Development standards and capital improvement requirements imposed by the County for new or expanding developments should not be less than those that would be imposed by the City.

The proposed project consists of a PMW-VM to combine three parcels (one of which is illegal) into one parcel. The City of Santa Paula currently provides domestic water and sewer service for the existing uses on the parcel. Therefore, the proposed project will not require the formation of new or expansion of existing


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County service areas, in order to provide domestic water and sewer service for the proposed parcel.

The proposed project does not include a request to change the Existing Community-Urban Reserve land use designations for the project site. Pursuant to Land Use Policy 3.2.2-7, Planning Division staff notified the City of Santa Paula in a letter of the proposed project. The City of Santa Paula did not request the applicant to apply for annexation into the City, in order for the City of Santa Paula to process the proposed PMW-VM (Memo from Caesar Hernandez dated August 29, 2012). Furthermore, the City of Santa Paula currently provides domestic water and sewer service to the project site and, therefore, the proposed project will not require an enlargement or expansion of the existing water and sewer facilities to serve the site. Finally, the City of Santa Paula did not request the imposition of any development standards or capital improvement requirements on the proposed project.

Based on the discussion above, the proposed project will be consistent with these policies.

10. Public Facilities and Services Policy 4.1.2-1: Discretionary development shall be conditioned to contribute land, improvements or funds toward the cost of needed public improvements and services related to the proposed development.

As discussed above, the City of Santa Paula did not request any contribution of land, improvements, or funds to continue to provide water and sewage disposal services to the project site. Furthermore, as the project site is currently developed for residential purposes, the proposed project does not have the potential to generate new traffic that would warrant a contribution of land, improvements, or funds in order to accommodate an increase in traffic generation on the roadways that afford access to the project site. Therefore, the proposed project will not result in an increase in demand for public facilities or services, and no new services or public improvements will be required for the continued residential use of the property.


11.Public Facilities and Services Policy 4.1.2-2: Development shall only be permitted in those locations where adequate public services are available (functional), under physical construction or will be available in the near future.

As discussed above, the proposed project consists of a PMW-VM to combine three existing lots into one legal lot, in order to allow some of the existing development (some of which is illegal) to remain on the project site. The proposed project does not involve the introduction of new development on the project site. As discussed in this staff report (above), the City of Santa Paula


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currently provides water and sewer services and will continue to provide those services to the project site.

Finally, since the proposed project includes the continued use of the residential development on the project site and no new residential structures, the proposed project does not have the potential to generate new traffic to public roadways and, consequently, does not require improvements to public roads. Therefore, the proposed project will not result in an increase in demand for public facilities or services, and no new services or public improvements will be required to facilitate the development of the proposed lots.


12. Public Facilities and Services Policy 4.2.2-8: Discretionary development shall be conditioned, where feasible, to minimize traffic impacts by incorporating pedestrian and bicycle pathways, bicycle racks and lockers, ridesharing programs, transit improvements (bus turnouts, shelters, benches), and/or transit subsidies for employees or residents of the proposed development.

As discussed above, the proposed project does not have the potential to generate new traffic and, therefore, does not warrant the provision of facilities or programs to reduce traffic impacts.


13.Public Facilities and Services Policy 4.3.2-1: Development that requires potable water shall be provided a permanent potable water supply of adequate quantity and quality that complies with applicable County and State water regulations. Water systems operated by or receiving water from Casitas Municipal Water District, the Calleguas Municipal Water District or the United Water Conservation District will be considered permanent supplies unless an Urban Water Management Plan (prepared pursuant to Part 2.6 of Division 6 of the Water Code) or a water supply and demand assessment (prepared pursuant to Part 2.10 of Division 6 of the Water Code) demonstrates that there is insufficient water supply to serve cumulative development within the district's service area. When the proposed water supply is to be drawn exclusively from wells in areas where groundwater supplies have been determined by the Environmental Health Division or the Public Works Agency to be questionable or inadequate, the developer shall be required to demonstrate the availability of a permanent potable water supply for the life of the project.

As discussed above, the City of Santa Paula provides domestic water service to the parcel, and will continue to provide water service for the continued residential use of the property. The City of Santa Paula did not request the imposition of


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any conditions on the proposed project, in order to continue to provide water for the residential use of the property.


14. Public Facilities and Services Policy 4.4.2-2: Any subdivision, or discretionary change in land use having a direct effect upon the volume of sewage, shall be required to connect to a public sewer system. Exceptions to this policy to allow the use of septic systems may be granted in accordance with County Sewer Policy. Installation and maintenance of septic systems shall be regulated by the County Environmental Health Division in accordance with the County's Sewer Policy, County Building Code, and County Service Area 32.

As discussed above, the City of Santa Paula currently provides, and will continue to provide, sewage disposal services for the residential use of the project site, via the City's public sewer system


15. Public Facilities and Services Policy 4.5.2-3: Discretionary development shall be conditioned to place utility service lines underground wherever feasible.

The proposed project will be subject to a condition of approval to require the placement of utility service lines underground wherever feasible, as determined by the Planning Director. (See Exhibit 4, Condition No. 4.)


16. Public Facilities and Services Policy 4.8.2-1: Discretionary development shall be permitted only if adequate water supply, access and response time for fire protection can be made available.

As discussed above, the City of Santa Paula provides water service to the parcel for fire protection purposes. The proposed, merged parcel will be adjacent to Grant Line Street, a publicly maintained street. Therefore access and water exist to the proposed parcel. The VCFPD reviewed the proposed project and determined that the existing water supply, access, and response times to the project site comply with the VCFPD's standards for fire protection.



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17. Public Facilities and Services Policy 4.10.2-1: The County shall maintain and enforce the local parkland dedication requirements (Quimby Ordinance), to acquire and develop neighborhood and community recreation facilities. Parkland dedication shall be based on a standard of five acres of local parkland per thousand population, including neighborhood and community parks.

The proposed project consists of a PMW-VM to combine three existing lots into one legal lot; the proposed project does not involve a subdivision that will create a net increase in lots and, therefore, this project is not subject to the Quimby Ordinance.


D. VCSO COMPLIANCE

The proposed project is subject to the requirements of VCSO § 8202-3 et seq. With regards to a PMW-VM, the VCSO [§ 8202-3(d)] states:

Mergers - Mergers which create one new lot out of two or more previously existing lots by eliminating all common lot lines which separate such lots from each other are eligible for map waiver provided that, if one or more of the previously existing lots are not legal lots, the Advisory Agency may impose whatever conditions for the map waiver as it could impose for a Conditional Certificate of Compliance issued pursuant to Sections 8212-4 through 8212-4.2 with respect to such illegal lots, and may require satisfaction of all such conditions as a condition precedent to recordation of the map waiver approval form...(emphasis added)

The proposed project involves the merger of an illegal lot with two legal lots, in order to create one legal lot. Therefore, the proposed project may be subject to conditions that could be imposed for a Conditional Certificate of Compliance, pursuant to § 8212-4 through 8212-4.2 of the VCSO.

VCSO § 8212-4.2 states (in pertinent part):

Any conditions imposed with respect to a Conditional Certificate of Compliance shall be limited to those which could have been imposed in connection with a lawful subdivision of the legal parent parcel out of which each lot to which the certificate pertains was created had such lawful subdivision been effected on the date the present owner acquired his or her interest in the lot...

As discussed above, the proposed project will be subject to conditions of approval to require:


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• The applicant to obtain a Floodplain Development Permit, prior to any future development on the property, pursuant to the requirements of the Ventura County Floodplain Management Ordinance;

• The undergrounding of utilities for future development (wherever feasible, according to the Planning Director), pursuant to the requirements of General Plan Goals, Policies and Programs Policy 4.5.2-3;

• The payment of all processing fees associated with the PMW-VM; and, • Administrative conditions, in order to ensure that the PMW-VM documents

are properly recorded, in order to effectuate the approval of the PMW-VM. (See Exhibit 4 Conditions of Approval.)

E. PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, AND JURISDICTIONAL COMMENTS

The Planning Division provided public notice regarding the Planning Director hearing in accordance with the Government Code (§ 65091) and the VCSO (§ 8205-5.1). The Planning Division mailed a notice to owners of property within 300 feet of the subject project site and placed a legal ad in the Ventura County Star. As of the date of this document, no comments have been received.

F. RECOMMENDED ACTIONS

Based upon the preceding analysis and information provided, Planning Division Staff recommends that the Planning Director take the following actions:

1. CERTIFY that the Director has reviewed and considered this staff report and all exhibits thereto, and has considered all comments received during the public comment process;

2. FIND that this project is Categorically Exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines and, in light of the whole record, none of the exceptions as set forth in Section 15300.2 of the CEQA Guidelines apply;

3. FIND that the PMW-VM meets the approval standards of the VCSO, based on the substantial evidence presented in Section D of this staff report and the entire record;

4. APPROVE PMW-VM Case No. SD11-0029 subject to the attached conditions of approval (Exhibit 4); and,

5. SPECIFY that the Planning Director is the custodian, and 800 S. Victoria Avenue, Ventura, CA 93009 is the location, of the documents and materials that constitute the record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the Planning Commission within 10 calendar days after the PMW-VM has been tentatively approved, conditionally approved or denied (or on the following workday if the 10th day falls on a


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weekend or holiday). Any aggrieved person may file an appeal of the decision with the Planning Division. The Planning Division shall then set a hearing date before the Planning Commission to review the matter at the earliest convenient date.

If you have any questions concerning the information presented above, please contact Debbie Morrisset at (805) 654-3635 or via e-mail at [email protected].

Prepared by:

Reviewed by:

Debbie Morrisset, Case Planner

Dan Kle nn, Manager Residential Permits Section

Residen ial Permits Section

County of Ventura, Planning Division

County of Ventura, Planning Division

EXHIBITS Exhibit 2 - Aerial Location, General Plan and Zoning Designations, Exhibit 3 — Proposed DRAFT Sketch Map and Legal Descriptions Exhibit 4 — Draft Conditions of Approval Exhibit 5 — APN Map

EXHIBIT 4- DRAFT CONDITIONS OF APPROVAL FOR PARCEL MAP WAIVER-

MERGER (PMW-MERGER) CASE NO. SD11-0029

RESOURCE MANAGEMENT AGENCY (RMA) CONDITIONS

Planning Division (PL) Conditions

1. Project Description This PMW-Merger is based on and limited to compliance with the project description found in this condition below, all of the County hearing exhibits in support of the project marked Exhibits 2-6, dated February 14, 2013 and conditions of approval set forth below. Together, these documents describe the Project. Any deviations from the Project must first be reviewed and approved by the County in order to determine if the Project deviations conform to the original approval. Project deviations may require Planning Director approval for changes to the permit or further CEQA environmental review, or both. Any Project deviation that is implemented without requisite County review and approval(s) constitutes a violation of the conditions of this permit.

The project description is as follows:

The proposed project consists of a PMW-VM to combine three lots into one, as shown in the following table.

Parcel* Gross Area** Net Area** Existing Parcel 1 8,712 sf (0.20 ac) 8,712 sf (0.20 ac) Existing Parcel 2 2,178 sf (0.05 ac) 1,742 sf (0.04 ac) Existing Parcel 3 5,227 sf (0.12 ac) 5,227 sf (0.12 ac) Proposed Parcel A 16,117 sf (0.37 ac) 15,681 (0.36 ac)

*See Exhibit 3 for the legal description and sketch maps of the parcels listed in this table. **sf = square feet, ac = acres

At 15,681 sf (net) in size, the proposed merged parcel (Parcel A) will satisfy the 7,000 sf minimum lot size requirement of the R2-7000 sf zone, and will be subject to Conditional Certificate of Compliance conditions as applicable. As discussed above, the proposed project will legalize the lots that were created in violation of the Subdivision Map Act. The City of Santa Paula provides domestic water and sewer service for the existing uses on the parcel. Proposed Parcel A is adjacent to Grant Line Street, a publicly maintained street that provides access to proposed Parcel A.

The voluntary merger of the three existing lots will create one legal lot. The legal lot will allow the applicant to proceed to apply for permits to abate the violations on the property that are the subject of Zoning Violation Case No. ZVO3-0139 and Building Violation Case No.V02-000725 for an unpermitted room addition to a single family dwelling, as well as an unpermitted occupied storage building, which are located on the lots that are the subject of this project.

Conditions for Conditional Use Permit Case No. Permittee: Permittee: Date of Planning Director Hearing: Location: Date of Approval: Page 2 of 3

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 all approved County land use hearing exhibits in support of the project and conditions of approval below. (PL-1)

2. PMW-Merger Expiration The PMW-MERGER shall expire one year from the date of its approval. The applicant shall submit the applicable documents to the Planning Division for review and recordation. Failure to record this PMW-MERGER and applicable deeds with the County Recorder shall terminate all proceedings, and any lot line adjustments shall require the filing and processing of a new PMW-MERGER.

3. Issuance of Zoning Clearance No Zoning Clearance shall be issued for the development or use of these parcels until the PMW-MERGER has been recorded, except as required or noted elsewhere in these conditions.

4. Future Development As part of any new future development on the reconfigured lots that are the subject of this PMW-MERGER, the property owners shall place utility service lines underground, wherever feasible.

5. Payment of all property taxes Prior to recordation of the PMW-MERGER, the property owner(s) shall obtain clearance for the payment of all property taxes due on all parcels involved in the PMW-MERGER from the Tax Collector's Office.

6. Acceptance of Conditions Recordation of this PMW-MERGER shall constitute acceptance by the Property Owner and all successors in interest of all conditions of approval for this PMW-MERGER. (PL-65)

7. Permit Processing Fees Prior to recordation of the PMW-MERGER, all County processing fees billed to date must be paid. After recordation of the PMW-MERGER, any final processing fees must be paid within 30 days of the billing date. (PL-67)

8. Requirements of Other Agencies The tentative approval of this PMW-MERGER shall not relieve the Subdivider of the responsibility of securing and complying with any other permit that may be required by other County ordinances, or state or federal laws. No conditions of this PMW-MERGER shall be interpreted as permitting or requiring any violation of law, or any lawful rules, regulations, or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. The design of the PMW-MERGER and future development of the reconfigured lots shall comply with all

Conditions for Conditional Use Permit Case No. Permittee: Permiftee: Date of Planning Director Hearing: Location: Date of Approval: Page 3 of 3

applicable requirements of federal, state, and local authorities and all such requirements shall, by reference, become conditions of this permit. (PL-68)

9. Defense Costs and Indemnification Except in the case of the County's sole negligence or intentional misconduct, the Property Owner shall defend, indemnify and hold harmless the County and its commissions, agents, officers and employees from any and all claims, demands, costs, expenses, including attorney's fees, action or proceeding, and judgments of liabilities pertaining to any action by the County regarding this PMW-MERGER. The County will promptly notify the property owners of any such claim, action or proceeding. The County may, at its unlimited discretion, participate in the defense of the County's action on this PMW-MERGER.

The property owners' obligations under this condition shall apply regardless of whether a PMW-MERGER is ultimately recorded. (PL-69)

PUBLIC WORKS AGENCY (PWA) Conditions

10. This condition is to notify the permittee, applicant, and property owner that approval of this PMW-Merger, with Conditional Certificate of Compliance conditions, does not guarantee approval for the development of the parcel or approval of any structures on the parcel. Approval of a PMW-Merger with Conditional Certificate of Compliance conditions means only that the parcel has been legalized for sale, lease or financing. There are additional requirements to be met prior to issuance of development permits or any grant of approval for development of the subject parcel.

The issue in particular for the Parcel Map Waiver- Watershed Protection District is as follows:

Portions of the parcel have been mapped by the Federal Emergency Management Agency (FEMA) in a Zone A 1% annual chance (100-year) Special Flood Hazard Area (SFHA) and a Zone X Shaded (outside the 100-year floodplain).

The property owner is hereby notified that as a condition of legalizing the building addition to the primary residential dwelling, as well as any future development of the parcel including site grading, within the 1% annual chance floodplain, the property owner shall be responsible for obtaining a Floodplain Development Permit from the Ventura County Public Works Agency Floodplain Manager prior to the issuance of a building permit, grading permit, or other permit issued by the County of Ventura.

Documents

Planning Director Staff Report — Hearing on February 14, 2013 County of Ventura • Resource Management Agency - Ventura County, Californiavcportal.ventura.org/rma/planning-archives/pdf/meetings-agendas... ·