SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF … · SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT May 16, 2014 PROJECT: ... 444 Amherst Drive Goleta, CA 93117 (805)692-9755

SANTA BARBARA COUNTY ZONING ADMINISTRATOR

STAFF REPORT May 16, 2014

PROJECT: Roote Single Family Dwelling Demo-Rebuild

HEARING DATE: June 2, 2014

STAFF/PHONE: Megan Lowery, 568-2517

GENERAL INFORMATION

Case No. 13CDH-00000-00036

APN 079-272-021

Applicant/Phone: Lisa Roote

444 Amherst Drive

Goleta, CA 93117

(805)692-9755

Agent/Phone Lori Kari Architect

205-A Santa Barbara Street

Santa Barbara, CA 93101

(805)965-0560

1.0 EXECUTIVE SUMMARY

The project is for a Coastal Development Permit to allow demolition of an existing two story residence with

attached two-car garage and storage area (approximately 2,823 square feet) and construction of a new two-

story residence of 2,898 square feet with an attached two-car garage and workshop of approximately 1,228

square feet, in approximately the same location.

2.0 REQUEST

Hearing on the request of Lori Kari, agent for owner, to consider Case No. 13CDH-00000-00036, [application

filed on November 18, 2013] for a Coastal Development Permit in compliance with Section 35-169 of Article

II, the Coastal Zoning Ordinance, on property zoned 1-E-1 to allow demolition of the existing residence and

construction of a new single family dwelling with attached garage; determine the project is exempt pursuant to

section 15303 of the State Guidelines for Implementation of the California Environmental Quality Act. The

application involves AP No. 079-272-021, located at 285 Vereda Leyenda in the Goleta area, Third

Supervisorial District.

Roote SFD Demolition & Rebuild; Case No. 13CDH-00000-00036

Hearing Date: June 2, 2014

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G:\GROUP\PERMITTING\Case Files\CDH\13 Cases\13CDH-00000-00036 Roote\ZA SR.doc

3.0 RECOMMENDATION

Follow the procedures outlined below and conditionally approve 13CDH-00000-00036 as depicted on the

site plans (Attachment D), based upon the project's consistency with the Comprehensive Plan including the

Goleta Community Plan and Coastal Lane Use Plan and based on the ability to make the required findings.

The Zoning Administrator’s action should include the following:

• Make the required findings for the project as specified in Attachment A of this staff report, including

CEQA findings;

• Determine the project is exempt from CEQA, pursuant to Sections 15301(l)(1) and 15303(a) of the

State Guidelines for Implementation of the California Environmental Quality Act, included as

Attachment B of this staff report; and;

• Approve the project subject to the Conditions of Approval in Attachment C.

4.0 PROJECT SPECIFICATIONS

Site Size: 0.94 acres Comprehensive Plan Designation: RES-1.0

Ordinance/Zoning: 1-E-1

Surrounding Use, Zoning: North: Residential, 1-E-1 South: Residential, 1-E-1

East: Residential, 1-E-1 West: Residential, 1-E-1

Services/Systems: Water: Goleta Water District Sewer: Goleta Sanitary District

Fire: Santa Barbara County Fire Access:Police:

Vereda Leyenda

County Sheriff History: The existing residence was permitted and constructed in 1960

under Land Use Rider Permit No. 11984. An addition to the

residence and garage was subsequently permitted in 1972 under

Land Use Rider Permit No. 54991. No violations exist on the

property.

Present Use and Development: Residential; single family dwelling with attached garage



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5.0 PROJECT ANALYSIS

5.1 Project Description

The proposed project is a request by Lori Kari, agent for applicant, Lisa Roote, for a Coastal Development

Permit to allow demolition of an existing two story residence with attached two-car garage and storage area

(approximately 2,823 square feet) and construction of a new two-story residence of 2,898 square feet with an

attached two-car garage and workshop of approximately 1,228 square feet, in approximately the same

location. The new house will be located several feet further away and higher in finish floor elevation from

the top of bank of the adjacent Tecolote Creek. A new driveway (with permeable paving), entry walkway,

and coverage and uncovered porches, and upper level deck are also proposed. No native trees are proposed

for removal, however one (1) walnut tree, three (3) birch trees, and one (1) citrus tree are proposed for

removal. Removal of invasive species and restoration of the adjacent creek area are also proposed. The

property would continue to be served by the Goleta Water District, Goleta West Sanitary District and Santa

Barbara County Fire. Access would continue to be provided off of Vereda Leyenda. The property is a 0.94-

acre parcel, zoned 1-E-1 and shown as Assessor's Parcel Number 079-272-021, located at 285 Vereda

Leyenda in the Goleta Area, Third Supervisorial District.

5.2 Issue Summary

Flood Control. The subject property is adjacent to Tecolote Creek. However, Flood Control reviewed the

project and determined that the structure is outside of the FEMA Special Flood Hazard Area. Additionally,

because the new structure is no closer to the top of bank than the existing structure no additional measures

are required. Per email dated February 4, 2014, all Flood Control requirements have been met.

Environmentally Sensitive Habitat. The parcel contains an Environmentally Sensitive Habitat (ESH) overlay

designation for the Riparian Corridor associated with Tecolote Creek which runs along the parcel’s western

property line. Article II Section 35-97.19, establishes development standards for streams that includes

creation and maintenance of habitat buffers: “The minimum buffer strip for streams in rural areas, as defined by the Coastal Land Use Plan, shall be presumptively 100 feet.” However, the existing residence and lot

was developed in 1961, prior to the Comprehensive Plan restrictions, and as such does not currently comply

with these buffers. In fact, the 100-foot buffer encompasses the entire parcel and extends more or less to the

edge of Vereda Leyenda. Consequently, the proposed project (house rebuild) will occur entirely within the

Tecolote Creek ESH buffer.

However, the ordinance allows for adjustment of these buffers on a case-by-case basis. A biological

evaluation report was prepared by Hunt & Associates Biological Consulting Services, dated December 10,

2013 that analyzed the proposed project’s potential impacts, and benefits. Per the report, the current habitat

value has been degraded and would benefit from the restoration proposed as part of this project, including

“removal of invasive, non-native Algerian ivy, which is growing up the trunks and into the canopy of these

trees.” “The proposed project presents an opportunity to eradicate, control, and replace non-native

vegetation with native shrubs and ground cover.”

Additionally, the applicant’s proposal presents other beneficial elements, per the biologist.

“Moreover, the owner proposes to replace the existing concrete patios that extend from the rear of the house to within a few feet of the top-of-bank with native shrubs and groundcover. This action, coupled with habitat



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restoration of other parts of the parcel that are currently infested with invasive, non-native species, could result in a net increase in habitat values for native plants and wildlife and a significant increase in site permeability. In general, the proposed project reduces impacts to riparian habitat compared to existing conditions by replacing impermeable patios with native shrubs and ground cover in the space between the proposed house and top-of-bank. Likewise, all existing impermeable surfaces elsewhere on the property (e.g., driveway, walkways, etc.) will be replaced with permeable substrates. This will significantly increase the ability of the parcel to intercept and percolate runoff before it enters Tecolote Creek.” No significant biological impacts were identified by the biologist for the proposed project. However,

incorporation of recommendation measures of the biological report would enhance the existing habitat,

consistent with policy, and therefore have been incorporated as conditions of approval.

5.3 Environmental Review

The proposed project is exempt from environmental review pursuant to Sections 15301(l)(l) which exempts

the demolition of a single family residence and 15303(a) which exempts the construction of a single family

residence. Attachment B of this staff report contains the Notice of Exemption.

5.4 Comprehensive Plan Consistency

REQUIREMENT DISCUSSION

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.

Consistent: Adequate public services exist to serve the

existing single-family residence. The existing

development on the parcel is served by the Goleta Water

District, Goleta Sanitary District, and the Santa Barbara

County Fire Department, and services would continue

throughout and following construction of the proposed

project. Access is consistent with Fire Department

requirements and would continue to be taken from

Vereda Leyenda.

Coastal Land Use Plan Policy 2-11: All development, including agriculture, adjacent to areas designated on the land use plan or resource maps as environmentally sensitive habitat area shall be regulated to avoid adverse impacts on habitat resources. Regulatory measures include, but are not limited to, setbacks, buffer zones, grading controls, noise restrictions, maintenance of natural vegetation, and control of runoff. Coastal Act Policy 30240:

(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of

Consistent: The parcel contains an Environmentally

Sensitive Habitat (ESH) overlay designation for the

Riparian Corridor associated with Tecolote Creek which

runs along the parcel’s western property line. The ESH

encompasses the entire parcel and extends more or less to

the edge of Vereda Leyenda. Therefore strict adherence

to these requirements would preclude reasonable use of

the parcel.

The proposed project was reviewed by County-approved

Hunt & Associates Biological Consulting Servicesand no adverse impacts would result from the proposed

project. The proposed project involves demolition of an



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habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. Goleta Community Plan Policy BIO-GV-7:

Riparian vegetation shall be protected and shall not be removed except where clearing is necessary for the maintenance of free flowing channel conditions, the provision of essential public services or where protection would preclude the reasonable use of a parcel. Degraded riparian areas shall be restored.Goleta Community Plan Policy BIO-GV-7: …ESH areas within urban, inner rural and existing developed rural neighborhoods: a setback of 50 feet from either side of top-of-bank of creeks or existing edge of riparian vegetation, whichever is further, minimizing all ground disturbance and vegetation removal, shall be indicated on all grading plans.

existing two-story, single-family residence and

construction of a new two-story residence mostly within

the same footprint, and replacing all existing

impermeable asphalt and concrete driveways, walkways,

and patios with permeable surfacing. No riparian

vegetation would be disturbed or removed as part of the

project. Additionally, Condition No. 5 would require

enhancement of the degraded habitat via a Habitat

Restoration Plan. Therefore the proposed project would

increase site permeability, improve surface and

subsurface water quality before it enters Tecolote Creek,

and result in an enhanced biological habitat; consistent

with these policies.

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 into or alongside coastal streams or wetlands either during or after construction. Goleta Community Plan DevStd BIO-GV-19.2:

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.

Consistent: The residential use of the subject property

would not generate considerable amounts of pollutants

such as chemicals, fuels, lubricants, raw sewage or other

harmful wastes. In fact, the proposed project would

improve water quality by and replacing all existing

impermeable asphalt and concrete driveways, walkways,

and patios with permeable surfacing.

In order to ensure that construction-related materials (i.e.

concrete wash, paint, solvents, etc.) are contained and

disposed of properly during construction, Condition No.

6 would require the designation of a material wash-out

area where such materials can be contained and removed

from the site. Containment of these materials would

ensure that they are not discharged into Tecolote Creek,

the local stormdrain system, and/or carried directly to the

Pacific Ocean. Therefore, the project is consistent with

these policies.

Coastal Land Use Plan Policy 3-13: 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.Coastal Land Use Plan Policy 3-14: All development

Consistent: The proposed project has been designed to

fit the site topography and other existing conditions. The

majority of the site is flat, with a gradual slope towards

Tecolote Creek near the western property line. The

minor grading operation required would not significantly

alter the existing landforms of the site.

Condition No. 8 would require all future site preparation



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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 for development because of known soils, geologic, flood, erosion, or other hazards shall remain in open space.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 result of development. Water runoff shall be retained onsite whenever possible to facilitate groundwater recharge.

be subject to best management practices including

erosion and sediment control measures to prevent erosion

and siltation from migrating off-site. Therefore the

project is consistent with these policies.

Coastal Land Use Plan Policy 4-3: In areas designated as rural on the land use plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms; shall be designed to follow the natural contours of the land-scape; and shall be sited so as not to intrude into the skyline as seen from public viewing places.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 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. Goleta Community Plan Policy VIS-GV-6: Outdoor lighting in Goleta shall be designed and placed so as to minimize impacts on neighboring properties and the community in general.

Consistent: The project is a demolition and rebuild of a

two-story single-family residence. The Existing

Developed Rural Neighborhood (EDRN) is composed of

residential development on parcels of generally one acre

in size. Residences in the immediate neighborhood are a

mix of one and two-stories and generally have attached

garages and detached accessory structures including

garages, storage structures, and barns.

The project was reviewed by the South Board of

Architectural Review (SBAR) on January 10, 2014 and

received favorable comments, specifically noting that the

“Mass, bulk, scale and style are acceptable.” Exterior

lighting fixtures were submitted as part of the review and

are consistent with the outdoor lighting policy.

Condition No. 4 included in Attachment B would require

that the lighting fixtures ultimately installed are

consistent with this policy, and Condition No. 3 requires

the project to obtain final approval by the SBAR prior to

permit issuance. Therefore the project is consistent with

these policies.

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 noise-sensitive uses unless noise mitigation features are included in project designs.

Consistent: The proposed project would have the

potential to create short-term construction related noise

impacts on neighboring residences and during

construction. Condition No. 9 would require that

construction activities be limited to the hours between



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7:00 a.m. and 4:00 p.m. The project would not cause any

significant long-term noise impacts to the surrounding

area. Therefore the project is consistent with this policy.

Goleta Community Plan Policy FLD-GV-1:

The number of persons and amount of property exposed to flood hazard shall be minimized through requiring adequate setbacks from the floodway and/or other appropriate means.

Consistent: Flood Control reviewed the project and

determined that the structure is outside of the FEMA

Special Flood Hazard Area. Additionally, because the

new structure is no closer to the top of bank than the

existing structure no additional measures are required.

Per email dated February 4, 2014, all Flood Control

requirements have been met.

5.5 Zoning Consistency

The subject property is zoned 1-E-1. Pursuant to Article II, Section 35-71.1 the purpose of the R-1/E-1 zone

district is to reserve appropriately located areas for family living at a reasonable range of population densities

consistent with sound standards of public health, welfare, and safety. It is the intent of the district to protect

the residential characteristics of an area and to promote a suitable environment for family life. The proposed

project would be consistent with the purpose and intent of the R-1/E-1 zone district because it would allow

demolition and rebuild of a single family dwelling, and the project would be consistent with Article II

provisions for the 1-E-1 zone district for height, setbacks and parking. Therefore, the proposed project meets

all applicable Article II (Coastal Zoning Ordinance) requirements.

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. There is

no appeal fee as the project is appealable to the Coastal Commission.

The action of the Planning Commission may be appealed to the Board of Supervisors within the 10 calendar

days following the date of the Planning commission’s decision by the applicant or an aggrieved person. There is

no appeal fee as the project is appealable to the Coastal Commission.

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.

6.0 ATTACHMENTS

A. Findings

B. CEQA Notice of Exemption

C. Conditions of Approval with attached Departmental letters

D. Site Plan

Documents

SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF … · SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT May 16, 2014 PROJECT: ... 444 Amherst Drive Goleta, CA 93117 (805)692-9755