I. Tentative Parcel Map Conditions

Transcription

1 COUNTY OF SANTA BARBARA PLANNING AND DEVELOPMENT MEMORANDUM TO: FROM: Planning Commission Florence Trotter-Cadena, Planner DATE: October 20, 2009 RE: 08TPM , 08CUP , Sierra Grande Tentative Parcel Map and Conditional Use Permit This memorandum identifies additional conditions and proposed changes to condition of approval for 08TPM and 08CUP On October 15, 2009 staff discussed with Sid Goldstien, agent for the project proposed changes to the recommended conditions of approval. I. Tentative Parcel Map Conditions 6. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off-site. Their duties shall include holiday and weekend periods when work may not be in progress. Plan Requirement: The name and telephone number of such persons shall be provided to the APCD. Timing: The dust monitor shall be designated prior to Final Map Clearance Land Use Permit. MONITORING: P&D shall contact the designated monitor as necessary to ensure compliance with dust control measures. 19. Prior to final map recordation a Notice to Property Owner (NTPO) document shall be submitted for both parcels to be deed restricted in a manner which would not allow any additional residential units to be added to either parcel, with the exception of a primary residence and secondary residence a farm employee dwelling provided adequate documentation of full-time employment onsite on the newly proposed parcel 2. The total number of residences (one main residence and three farm employee dwellings) shall not exceed four on proposed parcel 1. Traffic associated with the new residences would be offset by the conversion of the existing farm employee dwelling and guest house/granny flat. The NTPO shall no longer apply upon: 1) demonstration of alternative permanent

2 Page 2 access from State Route 246 (or other alternative to the existing U.S. Highway 101 access); or 2) written Cal Trans authorization of additional residential development utilizing U.S. Highway 101 for primary access. Plan Requirement: This requirement shall be recorded with the final map. Timing: Prior to final map recordation, this document shall be submitted for review and approval by P&D and County Counsel. MONITORING: P&D and County Counsel shall review and approve the Notice to Property Owner for the deed restriction regarding access. II. Tentative Parcel Map Condition Revision 27. Mitigation Monitoring: The applicant shall ensure that the project complies with all approved plans and all project conditions including those which must be monitored after the project is built and occupied. To accomplish this, the applicant agrees to: a. Contact P&D compliance staff as soon as possible after project approval to provide the name and phone number of the future contact person for the project and give estimated dates for future project activities. b. Contact P&D compliance staff at least two weeks prior to commencement of construction activities to schedule an on-site pre-construction meeting with the owner, compliance staff, other agency personnel and with key construction personnel. c. Pay fees prior to approval of Zoning Clearance Permit as authorized under ordinance and fee schedules to cover full costs of monitoring as described above, including costs for P&D to hire and manage outside consultants when deemed necessary by P&D staff (e.g. non-compliance situations, special monitoring needed for sensitive areas including but not limited to biologists, archaeologists) to assess damage and/or ensure compliance. In such cases, the applicant shall comply with P&D recommendations to bring the project into compliance. The decision of the Director of P&D shall be final in the event of a dispute. 28. In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the project sponsors in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed again by the County and substitute conditions may be imposed.

3 Page The applicant shall provide Planning and Development with a check payable to the County of Santa Barbara within 10 days of project approval as required by California Fish & Game Code Section for that Department s review of the Mitigated Negative Declaration associated with the project. 30. All conditions of approval contained herein shall be printed in their entirety on plans submitted to the Planning and Development Department and reflected in graphic illustrations where appropriate. 31. Prior to the issuance of Zoning Clearances, the applicant shall pay all applicable permit processing fees in full. 32. Any new or changed use on the site shall be subject to appropriate review by the County, including building code compliance and environmental review if applicable. 33. The applicant shall defend, indemnify and hold harmless the County or its agents, officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the County's approval of this Development Plan. In the event that the County fails to promptly notify the applicant of any such claim, action or proceeding, or that the County fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. 34. Any new development on proposed Parcel 1 shall require the filing and approval of a Development Plan in accordance with the Land Use and Development Code. III. Conditional Use Permit Conditions 6. Upon approval of the Zoning Clearance, the Conditional Use Permit shall be valid. Zoning Clearance shall be obtained within one year of the effective date of this permit. The effective date of this Permit shall be the date of expiration of the appeal period, or if appealed, the date of action by the Board of Supervisors. 9. Within 3 months after the effective date of this permit, a Zoning Clearance permit shall be issued. Failure to commence the construction and/or use pursuant to a valid Zoning Clearance shall render the Conditional Use Permit null and void. Refer to Condition 6 above. 14. Prior to issuance of the Zoning Clearance Permits, the applicant shall pay the applicable Transportation Impact Mitigation fee with the Public Works Department and prior to Final Map Recordation the mitigation fee with the Parks Department. See Condition # 21 under Departmental letters for the Tentative Parcel Map. These departments require the fee to be paid at time of recordation. In addition, no additional fees are required to be paid as part of

4 Page 4 this Conditional Use Permit as the mobile home as been on the site since 1971 originally approved under 71-CP The applicant shall defend, indemnify and hold harmless the County or its agents, officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the County's approval of this Development Plan Conditional Use Permit. In the event that the County fails to promptly notify the applicant of any such claim, action or proceeding, or that the County fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. 20. Mitigation Monitoring: The applicant shall ensure that the project complies with all approved plans and all project conditions including those which must be monitored after the project is built and occupied. To accomplish this, the applicant agrees to: d. Contact P&D compliance staff as soon as possible after project approval to provide the name and phone number of the future contact person for the project and give estimated dates for future project activities. e. Contact P&D compliance staff at least two weeks prior to commencement of construction activities to schedule an on-site pre-construction meeting with the owner, compliance staff, other agency personnel and with key construction personnel. f. Pay fees prior to approval of Zoning Clearance Permit as authorized under ordinance and fee schedules to cover full costs of monitoring as described above, including costs for P&D to hire and manage outside consultants when deemed necessary by P&D staff (e.g. non-compliance situations, special monitoring needed for sensitive areas including but not limited to biologists, archaeologists) to assess damage and/or ensure compliance. In such cases, the applicant shall comply with P&D recommendations to bring the project into compliance. The decision of the Director of P&D shall be final in the event of a dispute. 22. The applicant shall provide Planning and Development with a check payable to the County of Santa Barbara within 10 days of project approval as required by California Fish & Game Code Section for that Department s review of the Mitigated Negative Declaration associated with the project. Refer to Condition 29 under the condition revision for Tentative Parcel Map. Page 5

5 IV. Santa Ynez Valley Community Plan Consistency The project would remain consistent with all policies of the newly adopted Santa Ynez Valley Community Plan. (Board of Supervisor Adopted: 10/6/09) V. Revised Recommendation 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case Number 8TPM /TPM 14,748 and 08CUP marked "Officially Accepted, County of Santa Barbara October 21, 2009 County Planning Commission Exhibit 1", based upon the project's consistency with the Comprehensive Plan and on the ability to make the required findings. Your Commission's motion should include the following: 1. Adopt Make the required findings for the project specified in Attachment A of this staff report, including CEQA findings; 2. Approve Adopt the Mitigated Negative Declaration No. 09NGD and adopt the mitigation monitoring program contained in the conditions of approval as Attachment B and; 3. Approve the project subject to the conditions included as Attachment C as revised. G:\GROUP\PERMITTING\Case Files\TPM\08 cases\08tpm Sierra Grande Dev\staffreport\PCMemo doc