Map The Request - Ventura County,...

Planning Director Staff Report - Hearing on December 20,2012County of Ventura . Resource Managernent Agency' Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740' (805) 654-2478'ventura.org/rma/planning

A. PROJECT INFORMATION

1. Request: The applicant requests approval of a Parcel Map Waiver-Lot LineAdjustment (PMW-LLA) and Coastal Planned Development (PD) Permit (CaseNo. SD11-0028).

2. Property Owners/Applicants: Orla Brady, 19534 Bowers Drive, Topanga, CA90290; Nicholas Brandt, 12440 Yellow Hill Road, Malibu, CA 90265; and, CarterWard and Maureen Ward, 12420 Yellow Hill Road, Malibu, CA 90265

3. Applicant's Representative: Amy Studarus, 16145 Roscoe Blvd., North Hills,cA 91 343

4. Decision-Making Authority: Pursuant to the Ventura County SubdivisionOrdinance (VCSO) tS 8201-6(b), Definition of "Advisory Agency"l and theVentura County Coastal Zoning Ordinance (CZO) (S 8174-4), the PlanningDirector is the decision-maker for the requested PMW-LLA and Coastal PDPermit.

5. Project Site Location and Parcel Number: The project site consists of threedeveloped legal lots. (See Exhibit 3 which identifies the three lots.) The addressand Tax Assessor's Parcel Number (APN) for each legal lot are as follows:

a Proposed Parcel 1:12440 Yellow Hill Road, Malibu, CA 90265; APN 700-0-1 80-1 95.

Proposed Parcel 2: 12420 Yellow Hill Road, Malibu CA 90265; APNs: 700-0-1 30-1 75, 700-0-1 30-1 85, 700-0- 130-225, 700-0-1 30-245, 700-0-1 30-255,700-0-1 30-285, 700-0-1 80-1 45, and 700-0-1 80-1 75.

Proposed Parcel 3: 12460 Yellow Hill Road, Malibu, CA 90265; APNs700-0-1 30-295 and 700-0-1 80-1 85.

6. Project Site Land Use and Zoning Designations:

a. Countvwide General Plan Land Use Map Designation Open Space(Exhibit 2)

Coastal Area Plan Land Use Map Desiqnation: Coastal Open Space

a

a

b

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c. Zoninq Desionation: COS-10 ac-sdf/M (Coastal Open Space, 10 acreminimum lot size, slope density formula, Santa Monica MountainsOverlay) (Exhibit 2)

7 nt Zonin and Land Uses/Develo nt Exhibit

8. History: Each of the three lots was created in compliance with the SubdivisionMap Act and VCSO.

APNs 700-0-130-175, -185, -225, -245, -255, -285,700-0-180-145, and 700-0-180-175 (combined) constitute one legal lot. The owners of the lot are Carter J.Ward and Maureen N. Ward, Trustees of the Ward Family 2011 Revocable Trust,dated August 30,2011. The lot is described and shown as Parcel 1 in Exhibits Aand B of Parcel Map Waiver No. 957 recorded on August 31, 1999, in Book1999, Page 167245 of Official Records. The lot is developed with a single-familyresidence and accessory structures, which were permitted pursuant to CoastalPD Permits PD1392, PD1493, and PD1915.

APNs 700-0-130-295 and 700-0-180-185 (combined) constitute one legal lot. Theowners are Carter J. Ward and Maureen N. Ward, Trustees of the Ward Family2011 Revocable Trust, dated August 30, 2011. These two APNs combinedcomprise one legal lot as evidenced by Certificate of Compliance No. 87-07-232,which was recorded on September 8, 1987, as part of Document No.87-144971of Official Records. This lot is developed with a single-family residence andaccessory structures, which were permitted pursuant to Coastal PD PermitPD1951A.

APN 700-0-180-195 is one legal lot. The owners are Nicholas Brandt and OrlaBrady. This lot is a legal lot dêscribed and shown as Parcel A in Exhibits A andB of Parcel Map Waiver No. 1216, which was recorded on October 16,2003, aspart of Document No. 20031016-0399798 of Official Records. This parcel isdeveloped with a single-family dwelling and accessory structures, which werepermitted pursuant to Coastal PD PermitPD1228.

9. Project Description: The request is for a PMW-LLA and Coastal PD Permit toreconfigure three legal lots, as shown in Exhibit 3. The sizes of the existing andproposed lots are shown in Table 1, below.

West

East

South

North

Location inRelation to the

Proiect Site

COS-10 ac-sdf/M

COS-10 ac-sdf/MCOS-10 ac-sdf/M

COS-10 ac-sdf/M

Zoning

Vacant

Single-family dwelling, and detachedaccessorv structures

Vacant

Single-family dwelling, and detachedaccessory structures

Adjacent Land Uses/Development

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Table I - Existi and Pro ed Parcel Sizes

*See Exhibit 3 for the parcels that are listed in this table

The Resource Management Agency, Planning Division issued Coastal PD Permit1493 and Zoning Clearance 74181 in 1994 to allow the construction and use of aone-room cabin (known as the "wildlife observatory") on Parcel2. However, theplans for those permits were drawn incorrectly-one of the lot lines was notdrawn to reflect its actual location in the field and, consequently, the cabin wasinadvertently built on Parcel 1 near the boundary between Parcels 1 and 2. lnaddition, there is a water well located on Parcel 2 which provides water for theresidential uses on Parcel 1. The water well on Parcel 2 was permitted in

compliance with the well permitting requirements that were in effect at that time(State Well Number 01S20W14Q01S), which predated the adoption of theCoastal Act. However, the water well was not installed in the correct location,pursuant to the well permitting records on file with the Ventura County PublicWorks Agency (PWA). The proposed PMW-LLA and Coastal PD Permit willreconfigure the lots, such that the cabin will be located on Parcel 2, where it wasintended, and the water well will be located on Parcel 1 where it was intended. lnaddition, Parcel 3 is giving up 544 square feet (sq. ft.) to Parcel I for well siteaccess. (See Exhibit 3.)

Provided that the proposed PMW-LLA and Coastal PD Permit are approved, theapplicants will be required to apply for, and obtain approval of, a Coastal SitePlan Adjustment and Use lnauguration Zoning Clearance, in order to correct thesite plan on file for Coastal PD Permit 1493 and Zoning Clearance 74181 toshow the actual location of the cabin on reconfigured Parcel 1. The VenturaCounty PWA does not require any modifications to the well permit that theVentura County PWA issued for the water well. Furthermore, since the waterwell predated the adoption of the Coastal Act and did not require a Coastalpermit for its installation and use, no additional entitlements will be required toallow the continued use of the well.

As stated in Section 4.8 (above), the parcels that are the subject of the proposedproject are developed with permitted single-family dwellings and accessorystructures. No new construction is proposed as part of this application. Threeexisting, private individual septic disposal systems (one located on each lot) willcontinue to provide sewage disposal services for the existing residentialdevelopment on each lot. As discussed above, one private well will provide waterfor reconfigured Parcel 1. A separate well that is located on Parcel 2 will providewater to reconfigured Parcels 2 and 3, and will be the subject of a shared waterwell agreement to ensure that the well continues to provide water to these twoparcels. Finally, three, existing access roads will continue to provide access from

Parcel Number

Parcel 3Parcel2Parcel 1

5.56 acres19.62 acres28.14 acres

Existing Parcel Size (Acres)


Proposed Parcel Size (Acres)

Planning Director Staff Report for Lot Líne Adjustment SD1 1-0028Planning Director Hearing on December 20,2012

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the lots to Yellow Hill Road, which is a private road that connects to Yerba BuenaRoad, which is a County-maintained public road.

B. CALTFORNTA ENVTRONMENTAL QUAL|TY ACT (CEQA) COMPLTANCE

Pursuant to CEQA (Public Resources Code S 21000 et seq.) and the CEQA Guidelines(Title 14, California Code or Regulations, Division 6, Chapter 3, S 15000 et seq.), thesubject application is a "project" that is subject to environmental review.

The State Legislature through the Secretary for Resources has found that certainprojects are exempt from CEQA environmental impact review because they do not havea significant effect on the environment. These projects are declared to be exempt fromCEQA review and the requirement for the preparation of environmental impactdocuments. The proposed project qualifies for an exemption from CEQA pursuant toSection 15061(bX3) ("General Rule"), where the activity is covered by the general rulethat CEQA applies only to projects that have the potential for causing a significant effecton the environment.

The proposed project does not involve any new physical development (e.9., demolition,construction, ground disturbance activities, or vegetation removal). ln addition, theproposed project will not: create lots that can be subdivided; provide additional (net)buildable lot area beyond what currently exists on the lots; or, provide a means toexpand the uses on the properties beyond what is currently permissible on each lot.Therefore, the proposed project does not have the potential to facilitate physicaldevelopment in the future, beyond what is currently permissible on the existing lots.

The portions of the lots that are the subject of the lot-line adjustment contain oakwoodland and an intermittenUephemeral stream, which are considered to beEnvironmentally Sensitive Habitat Areas (ESHA) (Ventura County CZO, S 8172-1,definition of "Environmentally Sensitive Habitat"). However, because the proposed lotline adjustment only involves changing the ownership of the land on which the cabinand water well already exist (under the oak woodland canopy), and would not increasethe potential for new development (i.e., it would not create new parcels or permitadditional development), the PMW-LLA would not have a significant effect on ESHA orother biological resources (Danko, Personal Communication, October 22,2012).1

Therefore, the proposed project does not have the potential to create a significantproject-specific impact, or make a cumulatively considerable contribution to a significantcumulative impact, on the environment, and the project is exempt from environmentalimpact review pursuant to Section 15061(bX3) of the CEQA Guidelines.

t Also, see the discussion set forth in Section C.5 of this staff report (below). As discussed in that section,the proposed project will comply with the resource protection policies of the Ventura County General PlanGoals, Policies and Programs, and Coastal Area Plan.


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C. CONSISTENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goals, Policies and Programs (2011 , page 4) states:

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

Furthermore, the Ventura County CZO [S8181-3.5.a] states that in order to beapproved, a Coastal PD Permit must be found consistent with all applicable policies ofthe Ventura County Coastal Area Plan.

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

1. Resources Policy 1.1.2-1= All General Plan amendments, zone changes anddiscretionary development shall be evaluated for their individual and cumulativeimpacts on resources rn compliance with the California Environmental QualityAct.

As discussed in Section B (above), the project qualifies for an exemption fromCEQA and will not result in a significant adverse project-specific impact, or makea cumulatively considerable contribution to a significant cumulative impact onresources

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

2. Resources Policy 1.3.2-4: Discretionary development shall not significantlyimpact the quantity or quality of water resources within watersheds, groundwaterrecharge areas or groundwater baslns.

The proposed project consists of the reconfiguration of three existing legal lots.The proposed project will not: (1) increase the number of lots or density ofdevelopment that could occur within the project site; or, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.Therefore, the proposed project does not have the potential to increase theconsumption of water resources, increase the amount of impervious surfaces,increase the discharge of pollutants, or alter the drainage patterns within awatershed, groundwater recharge area, or groundwater basins.



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3. Resources Policy 1.7.2-1= Notwithstanding Policy 1.7.2-2, discretionarydevelopment which would significantly degrade visual resources or significantlyalter or obscure public views of visual resources shall be prohibited unless nofeasible mitigation measures are available and the decision-making bodydetermines there are overriding considerations

Coastal Area Plan Santa Monica Mountains Policy 7= New development shallbe sited and designed to protect public views to and from the shoreline andpublic recreational areas. Where feasible, development on sloped terrain shall beset below road grade.

Goastal Area Plan Santa Monica Mountains Policy 8= Development shall notbe sited on ridgelines or hilltops when alternative sifes on the parcel are availableand shall not be sifed on the cresf of major ridgelines.

The proposed project consists of the reconfiguration of three existing, developedlegal lots. The proposed project does not involve the construction of any newbuildings or structures, removal of vegetation, alteration of existing landforms, orintroduction of a new use (e.9., the parking or storage of equipment andmaterials) that could adversely affect scenic resources or obstruct public views ofscenic resources. Furthermore, as stated above, the proposed project will not:(1) increase the number of lots or density of development that could occur withinthe project site; or, (2) create the potential to allow new uses on the lots, whichcurrently are not allowed on the existing lots. Therefore, the proposed project willnot adversely affect scenic resources or obstruct public views of scenicresources, such as shorelines, public recreational areas, ridgelines, or hilltops.


4. Resources Policy 1.8.2-1: Discretionary developments shall be assessed forpotential paleontological and cultural resource impacts, except when exemptfrom such requirements by CEQA. Such assessrne nts shall be incorporated intoa County wide paleontological and cultural resource data base.

As discussed in Section B of this staff report (above), the proposed project isexempt from CEQA environmental impact review [CEOA Guidelines,Section15061(bX3)1. Furthermore, the proposed project does not involve anyground disturbance activities and there are no known archaeological orpaleontological sites that exist within the project site. Finally, there are nohistorical resources (e.9., historical sites or landmarks) that exist on, or adjacentto, the proposed project site.



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5. Resources Policy 1.5.2-1: Discretionary development which could potentiallyimpact biologicalresources shall be evaluated by a qualified biologisf fo assessimpacts and, if necessary, develop mitigation measures.

Resources Policy 1.5.2-2: Discretionary development shall be sited anddesigned to incorporate all feasible measures to mitigate any significant impactsto biological resources. /f the impacts cannot be reduced to a /ess úhan significantlevel, findings of overriding considerations must be made by the decision makingbody.

Resources Policy 1.5.2-3: Discretionary development that is proposed to belocated within 300 feet of a marsh, small wash, intermittent lake, intermittentstream, spring, or perennial stream (as identified on the latest USGS 7% minutequad map), shall be evaluated by a County approved biologist for potentialimpacts on wetland habitats. Discretionary development that would havesignificant impact on significant wetland habitafs sha// be prohibited, unlessmitigation measures are adopted that would reduce the impact to a /ess fhansignificant level; or for lands designated "Urban" or "Existing Community", astatement of overriding considerations is adopted by the decision-making body.

Resources Policy 1.5.2-4: Discretionary development shall be sifed a minimumof 100 feet from significant wetland habitats to mitigate the potential impacfs onsaid habitats. Buffer areas may be increased or decreased upon evaluation andrecommendation by a qualified biologist and approval by the decision-makingbody. Factors to be used in deteirmining adjustment of the 100 foot buffer includesoil type, s/ope stability, dralnage patterns, presence or absence of endangered,threatened or rare plants or animals, and compatibility of the proposeddevelopment with the wildlife use of the wetland habitat area. The requirement ofa buffer (setback) shall not preclude the use of replacement as a mitigation whenthere rs no other feasible alternative to allowing a permitted use, and if thereplacement results in no nef /oss of wetland habitat. Such replacement shall be"in kind" (i.e. same type and acreage), and provide wetland habitat ofcomparable biological value. On-site replacement shall be preferred whereverpossrb/e. The replacement plan shall be developed in consultation withCalifornia Department of Fish and Game.

Resources Policy 1.5.2-5= The California Department of Fish and Game, theU.S. F,sh and Wildlife Seruice, National Audubon Society and the CaliforniaNative Plant Society shall be consulted when discretionary development mayaffect significant biological resources. The National Park Service shall a/so beconsulted regarding discretionary development within the Sanfa MonicaMountains or Oak Park Area.

Coastal Area Plan Santa Monica Mountains Environmentally SensitiveHabitat Policy l: New development, including all private and public recreational

Planning Director Staff Report for Lot Line Adjustment SD11-0028Planning Director Hearing on December 20,2012

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uses, shall preserue all unique native vegetat¡on, such as Giant Coreopsis andDudleya cymosa ssp. marcescens.

Coastal Area Plan Santa Monica Mountains Environmentally SensitiveHabitat Policy 3: All new upland development shall be sited and designed toavoid adverse impacts on sensifive environmental habitats...

Coastal Area Plan Santa Monica Mountains Environmentally SensitiveHabitat Policy 5: Development dependent upon a water well shall be approvedonly if such well would not either individually or cumulatively cause adverseimpacts on affected riparian areas or other coastalresources. This policy shall beimplemenfed as data becomes available through the County CEQA process andother review procedures.

As discussed in Section B of this staff report (above), the portions of the lots thatare the subject of the lot line adjustment contain oak woodland and anintermittenUephemeral stream, which are considered to be ESHA. Therefore,Ms. Christina Danko, the Planning Division Staff Biologist, reviewed the proposedproject to determine if the project would have any adverse impacts on the oakwoodland habitat and intermittenVephemeral stream (as well as other biologicalresources that might existing within proximity to the project site), pursuant toResources Policies 1.5.2-1 and -3.

The proposed lot line adjustment involves changing the ownership of the land onwhich the cabin and water well currently exist (under the oak woodland canopy).The proposed project does not involve any new physical development (e.9.,vegetation removal, ground disturbance activities, the construction of newbuildings or structures, the introduction of a new use, or the expansion of anexisting use), and would not increase the potential for new development (i.e., itwould not create new parcels or permit additional development) that couldadversely affect ESHA, or result in physical development within 100' of theephemeral/intermittent stream. Therefore, the proposed project does not requirethe imposition of mitigation measures-including the establishment of wetlandbuffers-to avoid, or reduce impacts to, the oak woodland habitat or theintermittent/ephemeral stream. ln addition, since the proposed project does nothave the potential to adversely affect significant biological resources,consultation with the California Department of Fish and Game, National AudubonSociety, California Native Plant Society, and National Park Service is notrequired, pursuant to Resources Policies 1.5.2-4 and -5.

As discussed in Section A.9 (above), one of the purposes of the proposed lot lineadjustment is to reconfigure the lots to locate an existing water well on Parcel 1

where it was intended and is being used to provide water for the existingresidential uses on Parcel 1. A separate well that is located on Parcel 2 willcontinue to provide water to reconfigured Parcels 2 and 3, and will be the subjectof a shared water well agreement to ensure that the well continues to provide


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water to these two parcels. As discussed above, the proposed project does notinvolve, and will not increase the potential for, new physical development (e.9.,the introduction of a new use or the expansion of an existing use) that wouldcreate new demand for water. Therefore, the continued use of the existing waterwells will not cause adverse impacts on affected riparian areas or other coastalresources, as required pursuant to Coastal Area Plan Santa Monica MountainsEnvironmentally Sensitive Habitat Policy 5.


6. Hazards Policy 2.13.2-1= All discretionary permits shall be required, as acondition of approval, to provide adequate water supply and access for fireprotection and evacu ation purposes.

Public Facilities and Services Policy 4.8.2-1= Discretionary development shallbe permitted only if adequate water supply, access and response time for fireprotection can be made available.

The existing private water wells and water storage facilities (e.9., tanks) on thelots will continue to provide water for fire protection purposes. Furthermore,access will continue to be provided via three private access roads from the lots toYellow Hill Road, which is a private road that connects to Yerba Buena Road,which is a County maintained public road. The Ventura County Fire ProtectionDistrict (VCFPD) reviewed the proposed project and determined that theresponse time for fire protection will be adequate, and the proposed project willnot require additional access or an additional water supply for fire protection andevacuation purposes.


7. Hazards Policy 2.16.2-1: All discretionary development shall be reviewed fornoise compatibility with surrounding uses. Noise compatibility shall bedetermined from a consisfenf sef of criteria based on the standards listed below.An acoustical analysis by a qualified acoustical engineer shall be required ofdiscretionary developments involving noise exposure or noise generation inexcess of the established standards. The analysis shall provide documentation ofexisting and projected noise levels at on-site and off-site receptors, and shallrecommend noise control measures for mitigatíng adverse impacts.

(1) Noise sensifiye uses proposed to be located near highways, truck routes,heavy industrial activities and other relatively continuous norse sources shallincorporate nolse control measures so that:

a. lndoor norse levels in habitable rooms do not exceed CNEL 45


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b. Outdoor noise levels do not exceed CNEL 60 or Leql H of 65 dB(A)during any hour.

(2) Noise sensifive uses proposed to be located near railroads shall incorporatenorse 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 sensdrye uses proposed to be located near airports:

a. Shall be prohibíted 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 onlyif means will be taken to ensure interior noise levels of CNEL 45 or /ess...

Secfion 2.16.2(4) rs nof applicable to increased traffic norse along any of theroads identified within the 2020 Regional Roadway Network (Figure 4.2.3)Public Facilities Appendix of the Ventura County General Plan (see 2.16.2-1(1)). ln addition, Sfafe and Federal highways, all railroad line operations,aircraft in flight, and public utility facilities are noise generators havingFederal and State regulations that preempt local regulations...

(5) Construction noise shall be evaluated and, if necessary, mitigated inaccordance with the County Construction Norse Threshold Criteria andControl PIan.

The proposed project consists of the reconfiguration of three existing legal lots.All of the lots are currently developed with residential uses; however, none of thelots are located within proximity to an industrial use (or other type of use),railroad, or airport, such that the residential uses on the lots will be subject tonoise levels that are considered unacceptable for residential uses, pursuant tothe requirements of this policy. ln addition, the proposed project does not includeany construction activities and any possible future construction on the proposedreconfigured lots will be required to comply with the County Norse ThresholdCriteria and Control Plan, pursuant to the requirements of this policy.


8. Coastal Area PIan South Goast Hazards Policy 2: New development shall besuited and designed to minimize rsks fo life and property areas of high geologic,flood, and fire hazards.

Goastal Area PIan South Coast Hazards Policy 3= All new development will beevaluated for its impacts to, and from, geologic hazards (including sersmic safety,


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landslides, expansive soi/s, subsidence, etc.), flood hazards, and fire hazards.Feasible mitigation measures shall be required where necessary.

As stated above, the proposed project consists of the reconfiguration of threeexisting, developed legal lots. The proposed project does not involve theconstruction of any new buildings, structures, or other types of physicaldevelopment that has the potential to create, or be subject to, geologic or floodhazards. Furthermore, as stated above, the proposed project will not: (1)increase the number of lots or density of development that could occur within theproject site; or, (2) create the potential to allow new uses on the lots, whichcurrently are not allowed on the existing lots. Therefore, the proposed projectdoes not have the potential to create new geological or flood hazards.

As discussed in Section C.6 of this staff report (above), the VCFPD reviewed theproposed project and determined that the existing access and water supply forfire protection purposes for the three lots is adequate, and the proposed projectdoes not have the potential to create new fire hazards.

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

9. Coastal Area Plan South Coast Policy 1: All zoning and development shall bein conformance with the Land Use Plan map (Figure 32.1) lof the Coastal AreaPlanl, which has been designed to reflect úhese goals and policies. Ihe ZoningCompatibility Matrix (Figure 33 [of the Coastal Area Plan]) indicates the zoneswhich are consistent with the various land use categories.

Goastal Area Plan South Goast Hazards Policy 7: The South Coasf portion ofthe Santa Monica Mountains requires special attention and the following formulaand minimum lot sZes will be utilized as new land divisions are proposed in the"Open Space" or "Agricultural" designations:

a. The following slope/density formula will be used to compute the averageslope of property proposed to be subdivided:

s = (1]0)(r)(LyA

where:S = average slope (%)I = contour interval (ft.)L = total length of all contour lines (ft.)A = total area of the lot (sq. ft.)

b. Once the average slope has been computed, the following table will be usedto determine a mínimum lot size for newly proposed lots:


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0%-15%=10acres15.1% - 20% = 20 acres20.1% - 25% = 30 acres25.1% - 35% = 40 acres35.1% & above = 100 acres

Goastal Area Plan South Coast Locating and Planning New DevelopmentPolicy 2: Consrstent with the environmental characteristics and limited servicecapacities of the Santa Monica Mountains area, only very low densitydevelopment as prescribed by the "Open Space" designation will be allowed inthe Santa Monica Mountains. The slope/density formula found in the "Hazards"section will be utilized to determine the minimum lot size of any proposed landdivision.

Land Use Policy 3.1 .2-7: Nonconforming Parcel Size: The use or developmentof a parcel which is a legal lot for the purposes of the County SubdivisionOrdinance, but which fails to meet the minimum parcel size requirements of theapplicable land use category, shall not be prohibited solely by reason of suchfailure. However, this policy shall not be construed to permit the subdivision ofany parcel into two or more lots if any of the new /ofs fals to meet the minimumparcel size requirements.

The proposed project consists of the reconfiguration of three existing legal non-conforming lots. Using the slope density formula, the minimum lot sizerequirement for the lots is 100 acres. As discussed in Section A.9 of this staffreport (above), the three existing legal lots are non-conforming with regards tothe minimum lot size requirement, and all of the proposed reconfigured lots willcontinue to be nonconforming with regard to the minimum lot size requirement.However, pursuant to Land Use Policy 3.1.2-7, given that all of the lots that arethe subject of the proposed project are legal lots, the (1) proposed lot lineadjustment, (2) existing uses and development on the lots, and (3) possiblefuture uses and development on the proposed reconfigured lots, are notprohibited despite the fact that the proposed reconfigured lots will not meet the1OO-acre minimum lot size requirement.

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

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

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

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I a n n i n g D i re cto r H e a r i n s o n D ece m b

Zi"ri ¿Z? L1I

Public Facilities and Seruices Policy 4.4.2-2= Any subdivision, or discretionarychange in land use having a direct effect upon the volume of sewage, shall berequired to connect to a public sewer sysfem. Exceptions fo fhrs policy to allowthe use of septic sysfems may be granted in accordance with County Seu¡erPolicy. Installation and maintenance of septic sysfems shall be regulated by theCounty Environmental Health Division in accordance with the County's SewerPolicy, County Building Code, and County Seruice Area 32.

Coastal Area Plan Santa Monica Mountains Public Works Policy 3: Newdevelopment in the Sanfa Monica Mountains should be self-sufficient withrespect to sanitation and water and should not require the extension of growthinducing seryices, Development outside of the esfab/rshed "Existing Community"area shall not directly or indirectly cause the extension of public services (roads,seuyers, water, etc.) into an open space area. The County shall make the findingfor each individual development requiring sanitary facilities and potable waterthat said private seryices will be able to adequately serve the development overits normal lifespan.

Public Facilities and Services Policy 4.3.2-1: Development that requirespotable water shall be provided a permanent potable water supply of adequatequantity and quality that complies with applicable County and State waterregulations. Water sysfems operated by or receiving water from CasifasMunicipal Water District, the Calleguas Municipal Water District or the UnitedWater Conservation District will be considered permanent supplies unless anUrban Water Management PIan (prepared pursuant to Part 2.6 of Division 6 ofthe Water Code) or a water supply and demand assessment (prepared pursuantto Part 2.10 of Division 6 of the Water Code) demonstrates that there isinsufficient water supply to serve cumulatíve development within the district'sseruice area. When the proposed water supply rs fo be drawn exclusively fromwells in areas where groundwater supplies have been determined by theEnvironmental Health Division or the Public Works Agency to be questionable orinadequate, the developer shall be required to demonstrate the availability of apermanent potable water supply for the life of the project.

The proposed project will not: (1) increase the number of lots or density ofdevelopment that could occur within the project site; or, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.As discussed in Section A.9 of this staff report (above), three existing, privateindividual septic disposal systems (one located on each lot) will continue toprovide sewage disposal services for the existing residential development oneach lot. The Resource Management Agency, Environmental Health Division(collectively, "EHD") reviewed the materials required for submittal with theapplication and determined that the existing septic systems will be able tocontinue to adequately serve the existing residential development on the lots, in

compliance with applicable County and State water regulations.


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Two existing wells will continue to provide water for the residential developmenton the lots. As discussed in Sections 4.9 and C.5 of this staff report (above), oneof the purposes of the proposed lot line adjustment is to reconfigure the lots suchthat the well that serves Parcel 1 is actually located on Parcel 1. A separate wellthat is located on Parcel 2 will continue to provide water to reconfigured Parcels2 and 3 and will be the subject of a shared water well agreement to ensure thatthe well continues to provide water to these two parcels. EHD reviewed thematerials required for application submittal and determined that the existingwater wells will be able to continue to adequately serve the existing residentialdevelopment on the lots. Pursuant to EHD's recommendations, the Coastal PDand PMW-LLA will be subject to a condition of approval to ensure that theproperty owners of reconfigured Parcels 2 and 3 enter into the shared water wellagreement prior to recordation of the PMW-LLA, in order to ensure that potablewater remains available for the residential development on Parcels 2 and 3.(See Exhibit 4, Condition No.11)

As the proposed project will not result in new development that could generatenew traffic to the surrounding roadways, no improvements or funding forimprovements to public roadways are required. Therefore, the proposed projectwill not result in a demand for public service improvements.

Therefore, the proposed project will be self-sufficient with respect to sanitationand water and will not require the extension of growth inducing services. Basedon the discussion above, the proposed project will be consistent with thesepolicies.

ll.Public Facilities and Services Policy 4.2.2-8: Discretionary development shallbe conditioned, where feasible, to minimize traffic impacts by incorporatíngpedestrian and bicycle pathways, bicycle racks and lockers, ridesharingprograms, transit improvemenfs (bus turnouts, shelters, benches), and/or transitsubsrdies for employees or resrdenús of the proposed development.

The proposed project consists of the reconfiguration of three existing legal lots.Each parcel takes access from Yellow Hill Road, which is a private road thatdirectly connects to Yerba Buena Road, which is a publicly maintained road. Theproposed project does not involve the introduction of a new use, or the expansionof the existing residential uses on the lots. Furthermore, as stated above, theproposed project will not: (1) increase the number of lots or density ofdevelopment that could occur within the project site; or, (2) create the potential toallow new uses on the lots, which currently are not allowed on the existing lots.Therefore, the proposed project does not have the potential to generate newtraffic, which could degrade the existing level of service or create hazardousconditions on the roadways that provide access to the site.



Page15of24

12.Public Facilities and Services Policy 4.5.2-3: Discretionary development shallbe conditioned to place utility seruice lines underground wherever feasible.

The proposed project will be subject to a condition of approval to require theplacement of utility service lines underground, wherever feasible as determinedby the Planning Director. (See Exhibit 4, Condition No. 11.)


l3.Public Facilities and Services Policy 4.10.2-1: The County shall maintain andenforce the local parkland dedication requirements (Quimby Ordinance), toacquire and develop neighborhood and community recreation facilities. Parklanddedication shall be based on a standard of five acres of local parkland perthousand population, including neighborhood and community parks.

Public Facilities and Services Policy 4.10.2-4= The County shall requirereseruation of land for public purchase, pursuant to the County SubdivisionOrdinance, where requested by a recreation agency.

Coastal Area Plan Santa Monica Mountains Recreation and Access Policy12: Before a permit for development of any shoreline or inland parcel isapproved, its suitability for public recreational use shall be evaluated within thespecified project review period by the County in consultation with the StateDepartment of Parks and Recreation and the National Park Seruice. lf the Countydetermines that the property may be suitable for such use, the County shallascertain whether any public agency or non-profit organization, including theNational Park Service, Sanfa Monica Mountains Conservancy, CoastalConservancy, State Department of Parks and Recreation, County RecreationServices, and Trust for Public Lands, is planning or contemplating acquisition ofany part of the subject property, specifically authorized to acquire any portion ofthe property which would be affected by the proposed development, and fundsfor the acquisition are available or could reasonably be expected to be availablewithin one year from the date of application or permit. lf a permit has been deniedfor such reasons and the property has not been acquired by such agency ororganization within a reasonable time, a permit may not be denied again on thesame ground.

Pursuant to the Subdivision Map Act (Government Code, S 66477) and theVCSO (S 8209-6.1), the reservation of land for public purchase for recreation, orthe provision of in-lieu fees for such lands, is only required for subdivisions thatwill result in a net increase in the number of lots. The proposed project consistsof the reconfiguration of three existing legal lots, and will not create additionallots. Therefore, the reservation of land or the payment of in-lieu fees forrecreational purposes is not required for the proposed project.

Planning Director Staff Report for Lot Line Adjustment SD11-0028Planning Director Hearing on December 20,2012

Page 16 of 24

Furthermore, as all of the lots that are the subject of the lot line adjustment aredeveloped, the lots are not suitable for public recreational purposes. Therefore,consultation with organizations regarding the possible acquisition of theproperties is not required.


D. CONSISTENCY WITH THE VENTURA COUNTY CZO

The proposed project is subject to the requirements of the Ventura County CZO.Pursuant to the requirements of the Ventura County CZO (S 8174-4 and $ 8174-6),since the proposed project site is located within ESHA, a lot line adjustment is allowedin the COS-10 ac-sdf/M zone district with the granting of a Coastal PD Permit. Uponthe granting of the Coastal PD Permit, the proposed project will comply with therequirements of the Ventura County CZO.

As explained in Section A.9 of this staff report (above), the lots that are the subject ofthe proposed lot line adjustment are currently developed, and the proposed project doesnot include the construction or use of new buildings and structures. However, theproposed lot line adjustment will change the configuration and size of the three lots,which may have an effect on the existing buildings' and structures' compliance withcertain development standards of the Ventura County CZO (S 8175-2). Table 1 lists theapplicable development standards that apply to the existing development, compliancewith which the proposed lot line adjustment might effect, and a description of whetherthe proposed project will comply with these development standards.

Table I - Develo Standards Gonsiste is

Minimum Lot Area (Gross)

Type of Requirement

100 acres

Zoning OrdinanceRequirement

No, however see thediscussion in Sections 4.9and C.9 of this staff report(above). Using the slopedensity formula, theminimum lot sizerequirement for the lots is100 acres. The threeexisting legal lots are non-conforming with regards tothe minimum lot sizerequirement, and all of theproposed reconfigured lotswill continue to benonconforming with regardto the minimum lot sizerequirement. However,pursuant to Land Use Policv

Gomplies?


Page 17 oÍ24

Table I - Devel ment Standards Gonsiste Anal

Type of Requirement

Rear SetbackSide SetbackFront Setback

Maximum Building Coverage

Zoning OrdinanceRequirement

15'10'20

Parcel 3: 13,293 sq.ft.Parcel 2: 41,070 sq.ft.Parcel 1: 56,794 sq.ft.

YesYesYesYesYesYes

3.1.2-7, given that all of thelots that are the subject ofthe proposed project arelegal lots, the (1) proposedlot line adjustment, (2)existing uses anddevelopment on the lots, and(3) possible future uses anddevelopment on theproposed reconfigured lots,are not prohibited despitethe fact that the proposedreconfigured lots will notmeet the 100-acre minimumlot size requirement.

Gomplies?

The proposed project is located within the Santa Monica Mountains (M) Overlay Zoneand, therefore, is subject to the standards of the Ventura County CZO (S 8177-4.2).Table 2 lists the applicable2 Santa Monica Mountains (M) Overlay Zone standards and adescription of whether the proposed project complies with those standards.

Table 2 - Santa Monica Mountains (M) Overlay Zone StandardsConsiste An s

'As the proposed project does not involve a change to, or expansion of, the existing residential uses onthe lots, and does not involve any new construction or physical development (e.9., ground disturbanceactivities or vegetation removal) on the properties, the standards that pertain to such development are notincluded in Table 2.

Section 8177-4.2.4: All proposals for landdivisions in the Santa Monica Mountainsshall be evaluated fo assure that any futuredevelopment will be consisfenf with the

Section 8177-4.2.2: Allnew uplanddevelopment shall be sited and designed toavoid adverse impacts on environmentallysens/rve habitats...

Section 8177-4.2.1 : New development,including all private and public recreationaluses, sha// preserve all unique vegetationsuch as Coreopsis gigantea (giantcoreopsls) and Dudleya cyrnosa ssp.marcescens.

Overlav Zone Standard

Yes. See the discussion of the proposed project'sconsistency with the applicable LCP policies in Section Cof this staff report (above). The proposed projectinvolves a lot line adiustment to reconfigure three,

Yes. See the discussion in Section C.5 of this staffreport (above).


Complies?

Planning Director Staff Report for Lot Line Adjustment SDl 1-0028Planning Director Hearing on December 20,2012

Page 18 of 24

Table 2 - Santa Monica Mountains (M) Overlay Zone StandardsConsisten An

Section 8177 -4.2.8: Development shallneither preclude continued use of, norpreempt, the option of establishing inlandrecreationaltrails along routes depicted onthe LCP Land Use Plan maps. A recordedoffer of dedication or a deed restrictioncreating a trail easement shall be requiredas a condition of approval on propertv

Section 8177-4.2.6: Development shall notbe sited on ridgelines or hilltops whenalternative sifes on the parcel are available,and shall not be sited on the crest of majorridgelines.

Section 8177-4.2.5: New development shallbe sited and designed to protect publicviews to and from the shoreline and publicrecreational areas. Where feasible,development on sloped terrain sha// be sefbelow road qrade.

Overlay Zone Standarddevelopment policies contained in the LCPLand Use Plan. Where potentialdevelopment cannot occur consistent withthe LCP, the request for division shall bedenied. Environmenfal assessments shallaccompany tentative map applications andshall evaluate the ecological resourceswithin and adjacent to the site and theconsistency of the proposed division anddevelopment with the standards of theLCP. ln addition, the following shall apply:

a. Future building envelopes shall beidentified on all applications and on thefinalsubdivision map.

b. All identified environmentally sensitivehabitat areas and/or s/opes over 30percent shall be permanently maintainedin their natural state through aneasement or deed restriction which shallbe recorded on the final map, or on agrant deed as a deed restrictionsubmitted with the final map.Development shall not be permitted inareas over 30 percent slope.

c. All offers of dedication for traileasemenfsshall be recorded on the final map. Traileasemenfs established by deedrestriction shall be recorded on the deedno later than final map recordation.

Yes. According to Figure 32.1 of the LCP Land Use Planmaps, there are no existing or proposed recreationaltrails that are located within the proposed project site.

Yes. The proposed project does not involve newdevelopment to be sited on ridgelines or hilltops. Eachlot that is the subject of the proposed project is currentlydeveloped.

Yes. See the discussion in Section C.3 of this staffreport (above). The proposed project does not includedevelopment that has the potential to adversely affectpublic views to and from the shoreline or publicrecreational areas.

existing legal lots that are currently developed withresidential buildings and structures-the proposedproject does not involve a subdivision that will result in anet increase in the number of lots. Therefore, a parcel ortract map is not required for the proposed project and,consequently, no future building envelopes, preservationof ESHA or slopes over 30%, or dedications for traileasements are warranted.

Gomplies?


Page 19 of 24

Table 2 - Santa Monica Mountains (M) Overlay Zone StandardsConsiste Anal ts

E. COASTAL PD PERMIT FINDINGS AND SUPPORTING EVIDENCE

The Planning Director must make certain findings in order to determine that the proposedproject is consistent with the permit approval standards of the Ventura County CZO (S8177-4.1 ef seg. and $ 8181-3.5 ef seg.). The proposed findings and supportingevidence are as follows:

1. The proposed development is consistent with the intent and provisions ofthe Gounty's Certified Local Coastal Program [S8f 8f -3.5.a1.

Based on the information and analysis presented in Sections C and D of this staffreport, the finding that the proposed development is consistent with the intentand provisions of the County's Certified Local Coastal Program can be made.

2. The proposed development is compatible with the character of surroundingdevelopment [$81 81 -3.5.b].

Section 8177-4.2.10: Before a permit fordevelopment of any lot is approved, thesuitability of that lot for public recreationaluse shall be evaluated within the specifiedproject review period by the County inconsultation with the State Deparfment ofParks and Recreation and the National ParkService. lf the County determines that theproperty may be suitable for such use, theCounty shall ascertain whether any publicagency or nonprofit organization (see Sec.8177-4.2.2b for examples) is planning orcontemplating acquisition of any part of thesubject property, or whether such agenciesare specifically authorized to acquire anypoñion of the property which would beaffected by the proposed development, orwhether funds for the acquisition areavailable or could reasonably be expected tobe available within one year from the date ofapplication for permit. lf a permit has beendenied for such reasons and the propertyhas not been acquired by such agency ororganization within a reasonable time, apermit may not be denied again for thesafne reasons.

crossed by trails shown on the LCP LandUse Plan maps.

Overlay Zone Standard Gomplies?



Page20 o'f 24

As discussed in Section A.7 of this staff report (above), surrounding developmentconsists of a mix of residential development (e.9., single-family dwellings andaccessory structures) on lots that are located to the north and east of the projectsite. Lots that are located to the south and west of the project site areundeveloped.

As discussed in Section 4.9 of this staff report (above), the proposed projectconsists of the reconfiguration of three existing, developed legal lots in order tolocate an existing structure and water well on the lots on which they wereintended to be located. The proposed project does not involve the construction ofany new buildings or structures, removal of vegetation, alteration of existinglandforms, or introduction of a new use (e.9., the parking or storage of equipmentand materials) that could be incompatíble with surrounding residentialdevelopment. Furthermore, as stated above, the proposed project will not: (1)increase the number of lots or density of development that could occur within theproject site; or, (2) create the potential to allow new uses on the lots, whichcurrently are not allowed on the existing lots. Therefore, the proposed project willnot result in physical development that could be incompatible with the residentialcharacter of surround ing development.

Based on the discussion above, this finding can be made.

3. The proposed development, if a conditionally permitted use, is compatiblewith planned land uses in the general area where the development is to belocated [$81 8f -3.5.c].

The proposed lot line adjustment is allowed subject to a Coastal PD Permit andis not a conditionally permitted use that requires a Conditional Use Permit(Ventura County CZO S 8174-4). Therefore, this finding does not apply to theproposed project.

4. The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses [SBf 81-3.5.d].

As discussed in the analysis of the finding set forth in Section 8.2 of this staffreport (above), the proposed project does not involve development that would beobnoxious or harmful, or impair the utility of neighboring property or uses. Theproposed project involves a lot line adjustment to locate an existing accessorystructure and water well on the lots on which they were intended to be located.The proposed project does not involve any new physical development or changeto the existing residential uses on the properties, and the proposed project doesnot have the potential to introduce new development that could have an adverseeffect on neighboring property or uses.

Based on the discussion above, this finding can be made


Page21 of 24

5. The proposed development would not be detrimental to the public interest,health, safety, conven¡ence, or welfare [S8f 8f €.5.e].

As discussed in Sections 4.9 and C of this staff report (above), the proposed lotline adjustment does not involve any new physical development or change in theexisting residential development and uses on the lots. As discussed in SectionC.10 of this staff report, existing private septic systems and water wells thatcomply with County and State regulations will continue to provide sewagedisposal and water services for the residential uses on each reconfigured lot.Moreover, the proposed project does not involve any new physical developmentor change in the residential uses on the lots, which could create a correspondingdemand for, or create an adverse impact on the provision of, public services.


6. Private services for each individual development requiring potable waterwill be able to serve the development adequately over its normal lifespan.

As discussed in Section C.10 of this staff report (above), the existing water wellsare able to serve the existing residential development on the reconfigured lotsthroughout the lifespan of the residential development.


7. When a water well is necessary to serve the development, the applicantshall be required to do a test well and provide data relative to depth ofwater, geologic structure, production capacities, degree of drawdown, etc.The data produced from test wells shall be aggregated to identifycumulative impacts on riparian areas or other coastal resources. Whensufficient cumulative data is available to make accurate findings, theGounty must find that there is no evidence that proposed wells will eitherindividually or cumulatively cause significant adverse impacts on theabove mentioned coastal resources.

As discussed in Section C.10 of this staff report (above), the proposed projectinvolves the use of existing water wells to provide water for the existingresidential development on the lots. EHD reviewed the materials required forapplication submittal and determined that the existing water wells will be able tocontinue to adequately serve the existing residential development on the lots.Furthermore, as discussed in Section C.5 of this staff report (above), thecontinued use of the existing water wells does not have the potential to increasewater demand and will not adversely affect riparian habitat or other coastalresources.



Page 22 ol 24

8. All need for sewage disposal over the Iife span of the development will besatisfied by existing sewer serv¡ce to the immediate area or by location ofseptic facilities on-site cons¡stent with other applicable prov¡s¡ons of theLCP.

As discussed in Section C.10 of this staff report (above), the proposed projectinvolves the use of existing private septic systems to provide sewage disposalservices for the existing residential development on each lot. EHD reviewed thematerials required for application submittal and determined that the existingseptic systems will be able to continue to adequately serye the existingresidential development on the lots. The proposed project does not involve theexpansion of sewer services.


9. Development outside of the established "Community" area shall notdirectly or indirectly cause the extension of public services (roads, sewers,water etc.) into an open space area.

As discussed in Section C.10 of this staff report (above), as well as in thediscussion of the findings set forth in Sections E.5 and E.8 of this staff report(above), the proposed project does not involve development that will warrant theextension of public services into an open space area.

Based on the discussion above, this finding can be made.

F. VCSO COMPL¡ANCE

The proposed project is subject to the requirements of VCSO S 8202-3. Therequirements of VCSO S 8202-3 are listed below, along with a discussion of theproposed project's consistency with the requirement immediately following therespective requirement.

1. The proposed PMW-LLA involves only legal lots [g 8202-3(a)1.

As discussed in Section 4.8 of this staff report (above), each of the lots that is thesubject of the proposed PMW-LLA is a legal lot.


2. No conforming lot will be made nonconforming with applicable zoningrequirements and the adjustment will not reduce the aggregate area of allaffected lots which do not meet the minimum area requirements of theirzoning designations [$ 8202-3(a)(1 )].


Page23 of 24

As discussed in Section 4.9 of this staff report (above), the proposed projectconsists of a PMW-LLA to reconfigure three existing legal nonconforming lots.As discussed in Section C.9 of this staff report (above), the lots do not meet the1OO-acre minimum lot size requirement of the COS-10 ac sdf/M zone. However,the proposed project will not: (1) make a conforming lot nonconforming withregards to zoning requirements; or, (2) reduce the aggregate area of thenonconforming lots.


3. Pursuant to the VCSO [S 8202-3(a)], the proposed Lot Line Adjustment isallowed with the granting of a Parcel Map Waiver, provided that theAdvisory Agency has issued written findings that the adjustment isconsistent with applicable building ordinances.

As discussed in Section 4.8 of this staff report (above), all of the exístingdevelopment on the lots that are the subject of the PMW-LLA application havebeen legally permitted pursuant to the requirements of the Ventura County CZO.Fufthermore, as discussed in Section D of this staff report, the PMW-LLA willcomply with all applicable regulations and development standards of the VenturaCounty CZO. With the granting of the Coastal PD Permit subject to therecommended conditions of approval (Exhibit 4) the proposed PMW-LLA will beconsistent with applicable ordinances.


G PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, ANDJUR¡SDICTIONAL COMMENTS

The Planning Division provided public notice regarding the Planning Director hearing inaccordance with the Government Code (S 65091), VCSO (S 8205-5.1), and VenturaCounty CZO (S 8181-6.2 et seq.). The Planning Division mailed notice to owners ofproperty within 300 feet and residents within 100 feet of the property on which theproject site is located and placed a legal ad in the Ventura County Star. As of the dateof this document, no comments have been received.

H. RECOMMENDED ACTIONS

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

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


Page24 of 24

2. FIND that this project is exempt from environmental impact review pursuant toSection 15061(bX3) of the CEQA Guidelines;

3. MAKE the required fíndings to grant a Coastal PD pursuant to Sections 8177-4.1and 8181-3.5 of the Ventura County CZO, based on the substantial evidencepresented in Section E of this staff report and the entire record;

4. MAKE the required findings to grant a PMW-LLA pursuant to Section 8202-3 of theVCSO, based on the substantial evidence presented in Section F of this staff reportand the entire record;

5. GRANT Coastal PD and PMW-LLA Case No. SD11-0028, subject to the conditionsof approval in Exhibit 4; and,

6. 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 constitutethe record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the PlanningCommission within 10 calendar days after the project has been tentatively approved,conditionally approved, or denied (or on the following workday if the 1Oth day falls on aweekend or holiday). Any aggrieved person may file an appeal of the decision with thePlanning Division. The Planning Division shall then set a hearing date before thePlanning Commission to review the matter at the earliest convenient date.

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

Prepared by: Reviewed by:

ÞénOie Morrisset, Case PlannerResidential Permits SectionVentura County Planning Division

EXHIBITS

Ventura County Planning Division

DanRes identia

t'ì , Managerits Section

Exhibit 2- Aerial Location, General Plan and Zoning Designations,Exhibit 3 - Proposed Sketch Map and Legal DescriptionsExhibit 4 - Draft Conditions of ApprovalExhibitS-APNMap

Parcel Boundary

Parcels

Zoning

Area Plan

General Plan

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General Plan and Zoning Map

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APN: 700-0-130-265,' APN: 130_275 SHEET 1 OF 3 SHEETS

PARCEL 1 BOUNDARY DATA PARCELS 2 & J BOUNDARY DATA

Al=A2=AJ=A4:

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N28'29'34"E - 44.53'N52'01'05"W - 31.04'NJ4'23'50"W - 24.68'D=76'30'00"-R:30.1 6'-L=40.27'N42'06'10"E - 9.23'N38'21'46"W - 20.77'N0'31'20"W - 52.+6'N29'02'52"W - 4.60'

N76'42'51"W - 10.27'NE3'04'15"W - 19.62'D = 335 5' 27" - R = 22E.1 2' -L=1 35.07'N72'54'19"E - 51.59'D=5330'00"-R=1 00.00'-L=93. J7'D=30'1 6'00"-R=1 00.00'-L=52.82'

81 =82=83=84=85=86=87:B8=89=810 =811 =812 =813 =814 =815 =816 =817 =818 =

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SITE ADDRESSIS: 12420, 12440, &.12460 YELLOW HtLL ROAD,

MALIBU, CA

PLAN PREPARED BY: M & M & CO.

16145 ROSCOE BOULEVARD

NORTH HILLS, CA 91345(B1B) 8s1-stooGREGORY I'/. AMOROSO L.S. 8771

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REFERENCES

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APN: 700-0-1 80-205

REFERENCES

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AREA (ACRES)

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Conditions for PMW-LLA Case No. SD11-0028Applicant: Ward, Brandt and BradyLocation: Santa Monica Mountains

Hearing Date: December 20, 2012Approval Date:Page 1 of 4

1

EXHIBIT 4. DRAFT CONDITIONS OF APPROVAL FOR PARCEL MAP WAIVER.LOTLINE ADJUSTMENT (PMW.LLA) AND COASTAL PLANNED DEVELOPMENT (PD)

PERMIT CASE NO. SD11.OO28

RESOURCE MANAGEMENT AGENCY (RMA) . PLANNING DIVISION CONDITIONS

Project Description:This PMW-LLA/Coastal PD Permit is based on and limited to compliance with theproject description found in this cond¡tion below, all County subdivision and landuse hearing exhibits in support of the project marked Exhibits 2, 3 and 5 datedDecember 20,2012 and conditions of approval set forth below. Together, thesedocuments describe the Project, Any deviations from the Project must first bereviewed and approved by the County in order to' determine if the Projectdeviations conform to the original approval, Project deviations may requirePlanning Director approval for changes to the permit or further CaliforniaEnvironmental Quality Act (CEOA) environmental review, or both. Any Projectdeviation 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:

This PMW-LLA and Coastal PD Permit is for the reconfiguration of three legallots, as shown in Exhibit 3. The sizes of the existing and proposed lots are shownin Table 1, below.

Table 1 - n and Pro d Parcel Sizes

.See Exhibit 3 for the are listed in this table

The Resource Management Agency, Planning Division issued Coastal PD Permit1493 and Zoning Clearance 74181 in 1994 to allow the construction and use of aone-room cabin (known as the "wildlife observatory") on Parcel2. However, theplans for those permits were drawn incorrectly-one of the lot lines was notdrawn to reflect its actual location in the field and, consequently, the cabin wasinadvertently built on Parcel 1 near the boundary between Parcels 1 and 2. lnaddition, there is a water well located on Parcel 2 which provides water for theresidential uses on Parcel 1. The water well on Parcel 2 was permitted in

compliance with the well permitting requirements that were in effect at that time(State Well Number 01S20W'l4Q01S), which predated the adoption of theCoastal Act. However, the water well was not installed in the correct location,pursuant to the well permitting records on file with the Ventura County PublicWorks Agency (PWA) This PMW-LLA and Coastal PD Permit will reconfigurethe lots, such that the cabin will be located on Parcel 2, where it was intended,and the water well will be located on Parcel 1 where it was intended. ln addition,

County of VenturaSD11-0028 PMW-LLA

PD Staff ReportExhibit 4 Draft Conditions

Parcel 3Pa¡cel2Parcel 1

Parcel Number

5.5ô acres'19.62 acres28.14 acre:s

Existing Parcel Size (Acres)


Proposed Parcel Size (Acres)


Hearing Date: December 20,2012Approval Date:Page 2 ol 4

2

Parcel 3 is giving up 544 square feet (sq. ft.) to Parcel 1 for well site access(See Exhibit 3.)

The parcels that are the subject of the proposed project are developed withpermitted single-family dwellings and accessory structures. The PMW-LLA andCoastal PD Permit does not involve any new construction. Three existing, privateindividual septic disposal systems (one located on each lot) will continue toprovide sewage disposal services for the existing residential development oneach lot. As discussed above, one private well will provide water for reconfiguredParcel 1. A separate well that is located on Parcel 2 will provide water toreconfigured Parcels 2 and 3, and will be the subject of a shared water wellagreement to ensure that the well continues to provide water to these twoparcels. Finally, three, existing access rroâds will continue to provide access fromthe lots to Yellow Hill Road, which is a private road that connects to Yerba BuenaRoad, which is a County-maintained.public road.

The grading, development, use, and maintenance of the property, the size,shape, arrangement, and location of structures., parking areas and landscapeareas, and the protection and preservation of resources shall conform to theproject description above and all approved County land use hearing exhibits insupport of the project and conditions of approval below. (PL-1)

The PMW-LLA shall expire on [insert date] (i.e., one year from the date of itsapproval), The Subdivider shall submit the applicable documents to the PlanningDivision for review and recordation. Failure to record this PMW-LI-A and applicabledeeds with the County Recorder shall terminate all proceedings, and any lot lineadjustrnents shall require the filing and processing of a new PMW-LI-A.

No Zoning Clearance shall be issued for the development or use of these parcelsuntil the PMW-LLA has been recorded, except as required or noted elsewhere in

these conditions.

As part of any new future development on the reconfigured lots that are thesubject of this PMW-LLA, the property owners shall place utility service linesunderground, wherever feasible as determined by the Planning Director.

Prior to recordation of the PMW-L|-A, the property owner(s) shall obtain clearancefor the payment of all property taxes due on all parcels involved in the PMW-LIAfrom the Tax Collector's Offìce.

Acceptance of ConditionsRecordation of this PMW-LLA shall constitute acceptance by the Property Ownerand all successors in interest of all conditions of approval for this PMW-LLA. (PL-65)

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4

5

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Hearing Date: December 20, 2012Approval Date:Page 3 of 4

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7. Permit Processinq FPrior to recordation of the PMW-LLA, all County processing fees billed to datemust be paid. After recordation of the PMW-LLA, any final processing fees mustbe paid within 30 days of the billing date. (PL-67)

10

Requirements of Other AqenciesThe tentative approval of this PMW-LLA shall not relieve the Subdivider of theresponsibility of securing and complying with any other permit that may berequired by other County ordinances, or state or federal laws. No conditions ofthis PMW-LLA shall be interpreted as permitting or requiring any violation of law,or any lawful rules, regulations, or orders of an authorized governmental agency.ln instances where more than one set of rules apply, the stricter ones shall takeprecedence. The design of the PMW-LI-A and future development of thereconfigured lots shall comply with all applicable requirements of federal, state,and local authorities and all such requirements shall, by reference, becomeconditions of this permit. (PL-68)

Defense Costs and lndemnificationExcept in the case of the County's sole negligence or intentional misconduct, theProperty Owner shall defend, indemnify and hold harmless the County and itscommissions, agents, officers and employèes from any and all claims, demands,costs, expenses, incl'uding attorney's fees, action or proceeding, and judgmentsof liabilities pertaining to any action by the County regarding this PMW-LLA. TheCounty will prornptly notify the property owners of any such claim, action orproceeding. The'County may, at its: unlimited discretion, participate in thedefense of the Countyls action on this PMW-LLA.

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

Within one year following the recordation of the PMW-LLA (Condition No. 2,above), the property owner of Parcel '1 shall file an application for, and obtainapproval of, a Coastal Site Plan Adjustment and Use lnauguration ZoningClearance, in order to correct the site plan on file for Coastal PD Permit 1493 andZoning Clearance 74181to show the actual location of the cabin on reconfiguredParcel 1.

Environmental Health Division (EHD)

11. Shared Water Well Aqreement

Purpose: To assure that each lot created by the subdivision has a permanentsupply of domestic water.

Requirement: The Permittee shall record a legal document, also known as adeclaration, which states that the parcels created by the subdivision have legal

I

Gonditions for PMW-LLA Gase No. SDll-0028Applicant: Ward, Brandt and BradyLocation: Santa Monica Mountains

Hearing Date: Decembet 20,2012Approval Date:Page 4 of 4

access and rights to the water from the individual water well proposed to serveeach parcel of the subdivision.

Documentation: The property owner shall provide a draft documênt to theEnvironmental Health Division (EHD) for review and approval prior to recordationof the declaration. Once recorded, the Permittee shall provide a copy of therecorded declaration to EHD.

, Timingl Prior to the recordation of the PMW-LLA documents, the Permittee shallobtain written confirmation from EHD that this co n has been satisfied.

Monitoring and Reporting; EHD staff shal the documentation providedition. (EHD-9)by the Permittee to assure complia nce with¡

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