SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for: Orcutt

SANTA BARBARA COUNTY PLANNING COMMISSION

Staff Report for:

Orcutt Community Plan Key Site 30 (Bradley Village)

Hearing Date: May 1, 2013 Deputy Director: Alice McCurdy

Staff Report Date: April 22, 2013 Division: Development Review

Case Nos.: Supervising Planner: John Karamitsos

05GPA-00000-00006 Supervising Planner Phone # 934-6255

05RZN-00000-00010 Staff Contact: Dana Carmichael

07TRM-00000-00006/ TM 14,739 Planner’s Phone #: 934-6266

07DVP-00000-00032;10DVP-00000-00002 Env. Document: Final Subsequent Environmental Impact Report (12EIR-00000-00005)

OWNER:

Lawnae Hunter Bradley-Orcutt Ventures, LLC 421 E. Betteravia Road, #102 Santa Maria, CA 93454 (805) 925-7750

AGENT: David Swenk Urban Planning Concepts 2624 Airpark Drive Santa Maria, CA 93455 (805) 934-5760

ENGINEER:

Brianna Daniels Penfield &Smith 210 E. Enos Drive, Suite A Santa Maria, CA 93454 (805) 925-2345 Applications Filed: November 1, 2005; November 28, 2007; February 16, 2010 Applications Complete: November 7, 2008; February 16, 2010 Processing Deadline: 180 days from certification of EIR

1.0 REQUEST

Hearing on the request of David Swenk of Urban Planning Concepts, Inc., agent for Lawnae Hunter, owner, to consider the following:

a) 05GPA-00000-00006 [application filed on November 1, 2005] proposing to: 1) Amend the Land Use Designation on the subject parcel from Agricultural (A-I-40) to Residential (RES-3.3, RES-4.6, Res-8.0) on approximately 21.2-acres, and Recreation (REC) on approximately 47.8-acres; 2) Amend Orcutt Community Plan Development Standard KS30-

This site is identified as Assessor Parcel Number 107-250-008, located on the west side of Bradley Road between Union Valley Parkway and Patterson Road, approximately 2 miles northwest of the Clark Avenue /U.S. Highway 101 intersection, in the Orcutt area, 4th

Supervisorial District.

Orcutt Key Site 30 (Bradley Village) Case Nos. 05GPA-00000-00006, 05RZN-00000-00010, 07DVP-00000-00032, 07TRM-00000-00006/TM 14,739 10DVP-00000-00002 Hearing Date: May 1, 2013 Page 2

2 to allow storm water detention basins to be located within the open space area; and 3) Re-alignment of the public multi-use trail identified in the Orcutt Community Plan Parks Recreation, and Trails map as B-1, Bradley Connector.

b) 05RZN-00000-00010 [application filed on November 1, 2005] proposing to rezone approximately 69-acres from Agriculture (AG-I-40) to Single Family Residential (8-R-1, 10-R-1), Small Lot Planned Development (SLP), and Recreation (REC) in compliance with Chapter 35.14 of the County Land Use and Development Code;

c) 07TRM-00000-00006/TM 14,739 [application filed November 7, 2008] for approval of a

Vesting Tentative Tract Map in compliance with County Code Chapter 21 to subdivide approximately 79.6-acres (gross) into: 1) 69 single family residential lots ranging in size from 5,415 sq. ft. to 22,640 sq. ft.; 2) One (1) lot for a private passive park of 4.1 acres; 3) One (1) private open space lot of 44.3 acres; and, 5) Six (6) lots for future development on property zoned MR-O;

d) 07DVP-00000-00032 [application filed on November 7, 2008] for approval of a Final

Development Plan in compliance with Section 35.82.080 of the County Land Use and Development Code to develop 18 single family units within the SLP zone district;

e) 10DVP-00000-00002 [application filed on February 16, 2010] for approval of a Final

Development Plan in compliance with Section 35.82.080 of the County Land Use and Development Code to construct a 3.5-acre private passive park; and to

certify the Subsequent Environmental Impact Report (12EIR-00000-00005) pursuant to the State Guidelines for Implementation of the California Environmental Quality Act. As a result of this project, significant effects on the environment are anticipated in the following categories: Aesthetic and Visual Resources (cumulative), Biological Resources (cumulative), and Public Facilities (cumulative). The Subsequent Final EIR and all documents referenced therein may be reviewed at the Planning and Development Department, 123 East Anapamu Street, Santa Barbara or 624 West Foster Road, Suite C, Santa Maria. The EIR is also available for review online at the Planning and Development website at www.sbcountyplanning.org/projects/05GPA-00006/FSEIR.cfm and at the Central Branch of the City of Santa Barbara Library, 40 East Anapamu Street, Santa Barbara. The application involves AP No. 107-250-008, located on the west side of Bradley Road between Union Valley Parkway and Patterson Road, approximately 2 miles northwest of the Clark Avenue/US Hwy 101 intersection, in the Orcutt Community Planning area, Fourth Supervisorial District.


2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case Nos. 05GPA-00000-00006, 05RZN-00000-00010, 07TRM-00000-00006 / TM 14,739, 07DVP-00000-00032, and 10DVP-00000-00002 marked "Officially Accepted, County of Santa Barbara, May 1, 2013, County Planning Commission Attachments A-I", based upon the project's consistency with the Comprehensive Plan and based on the ability to make the required findings.

Your Commission's motion should include the following: 1. Recommend that the Board of Supervisors make the required findings for approval of the

project specified in Attachment A of this staff report, including CEQA findings. 2. Recommend that the Board of Supervisors certify the Final Subsequent Environmental

Impact Report (12EIR-00000-00005) and adopt the mitigation monitoring program contained in the conditions of approval.

3. Recommend that the Board of Supervisors approve a Comprehensive Plan Amendment

(05GPA-00000-00006), approving the following: 1) Change the Land Use Designation on the subject parcel from Agriculture (A-I-40) to Residential (RES-4.6, RES-3.3, RES-8) on approximately 21.2-acres, and Recreation (REC) on approximately 47.8-acres; 2) Amend Orcutt Community Plan Development Standard KS30-2 to allow storm water detention basins to be located within the open space area; and 3) Revise the location of the public multi-use trail identified in the Orcutt Community Plan Parks, Recreation, and Trails map identified as B-1, Bradley Connector, in accordance with Attachment G: Proposed Re-Alignment of Public Multi-Use Trail, B-1, Bradley Connector (draft resolution included as Attachment D).

4. Recommend that the Board of Supervisors approve a rezone (05RZN-00000-00003)

changing the zone district on specified portions of the subject parcel from Agriculture (AG-I-40) to Single Family Residential (8-R-1, 10-R-1), Small Lot Planned Development (SLP), and Recreation (REC) (draft resolution included as Attachment E).

5. Recommend that the Board of Supervisors approve a Vesting Tentative Tract Map

(07TRM-00000-00006 / TM 14,739) subject to the conditions included as Attachment B. 6. Recommend that the Board of Supervisors approve a Final Development Plan (07DVP-

00000-00032) to develop 18 single family residential units within the Small Lot Planned Development (SLP) zone district subject to the conditions included as Attachment B.

7. Recommend that the Board of Supervisors approve a Final Development Plan (10DVP-

00000-00002) for the development of a 3.5-acre private passive park subject to the conditions included as Attachment B.


Refer back to staff if the County Planning Commission takes other than the recommended action for appropriate findings and conditions.

3.0 JURISDICTION This project is being considered by the County Planning Commission based on Section 35.80.020 of the County Land Use and Development Code which states that the Planning Commission reviews Comprehensive Plan Amendments and Rezones and provides a recommendation to the County Board of Supervisors who are the final decision makers of the project. Section 35.82.080.D.7 of the LUDC provides that “if a Development Plan application is

considered in conjunction with a Zoning Map Amendment application or other application requiring legislative approval, the Planning Commission may recommend approval, conditional approval, or denial to the Board of Supervisors”. Section 21-6 of Chapter 21, states that the Board of Supervisors shall be the decision maker for all tentative maps which are companion to other discretionary cases under their jurisdiction.

4.0 ISSUE SUMMARY

4.1 Orcutt Community Plan (OCP) Key Site 30 - Santa Maria Airport “Flight

Approach Zone” & “No-Build Corridor”

The subject parcel was reviewed during the Orcutt Community Plan (OCP) process as Key Site 30. The majority of the approximately 79-acre undeveloped property is located within the Santa Maria Airport flight approach zone and no-build corridor, which bisects the site in a northwest to southeast direction. The OCP designated approximately 7.7-acres on the southwest corner of the site, 11.9-acres in the northeast corner of the site, 9.3-acres in the southeast corner, and 7.6-acres in the northwest corner (within the no-build corridor) of the site for future residential and/or recreational development (see Figure KS30-1 below). Approximately 43.1-acres is designated to remain as open space area. Development within the no-build corridor is restricted to non-residential uses, including roads, parks, and parking lots.

Orcutt Key Site 30 (Bradley Village)Case Nos. 05GPA-00000-00006, 05RZN-00000-00010, 07DVP-00000-00032, 07TRM-00000-00006/TM 14,739 10DVP-00000-00002 Hearing Date: May 1, 2013 Page 5

Figure KS30-1:

4.2 MR-O Zone District

A 10.6-acre portion of the subject parcel was rezoned to MR-O (multi-family residential) in 2009 as part of the Housing Element’s Focused Rezone Program, allowing for the future development of 212 residential units in this area. The MR-O designation occurs on only one other parcel in Santa Barbara County known as Key Site 3, which is located immediately southwest of the US 101 / Clark Avenue intersection at the gateway to the Santa Maria Valley and the community of Orcutt. Future development of the MR-O zoned portion of Key Site 30 is not part of the proposed project as it was approved by the Board of Supervisors, and was previously evaluated in the 2008 Focused Rezone Program Environmental Impact Report. Development within the area zoned MR-O can therefore be constructed “by right” with the approval of a Zoning

Clearance permit and final approval by the Board of Architectural Review. The proposed Vesting Tentative Tract Map would define the boundaries of the six lots within the MR-O zone district.

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4.3 General Plan Amendment

4.3.1 Proposed changes to Land Use Designation.

The proposed project includes a request to amend the Land Use Designation on the non MR-O zoned portion of the property from Agricultural (A-I-40) to Residential (RES-3.3, RES-4.6, RES-8.0) on approximately 21.2-acres, and Recreation (REC) on approximately 47.8-acres, with a corresponding rezone to Residential (8-R-1, 10-R-1), Small Lot Planned Development (SLP), and Recreational/Open Space (REC). According to the site specific impact analysis completed for Key Site 30 in the OCP Final Environmental Impact Report, the proposed land use and zoning designations on the site were anticipated to result in the potential build-out of 112 residential units. This anticipated build-out has already been exceeded onsite as a result of the rezone to MR-O, which allows for the future development of 212 residential units. The proposed project would develop an additional 69 dwelling units on the subject parcel. The Final Subsequent Environmental Impact Report (SEIR) completed for the proposed project concludes that although the project would result in significant class I cumulative impacts in the areas of aesthetic/visual resources, biological resources, and solid waste, developing the remaining portions of the site would not result in any additional project specific significant environmental impacts. 4.3.2. Proposed Amendment to Key Site 30 Development Standard KS30-2. The project includes a request to amend OCP Development Standard KS30-2 to allow two proposed detention basins to be located within the open space area and within sensitive habitat. When the OCP was adopted in 1997, it was assumed that future run-off from the site would be directed to Regional Basin K to the northwest, or to a single onsite retention basin. Since that time, the Regional Basin Program has been eliminated from the OCP, and it was determined that three shallow on-site detention basins are necessary to accommodate run-off from the proposed project. Two detention basins are proposed to be located in the eastern portion of the site, and one is proposed to be located in the northwest. The two detention basins located in the open space area in the eastern portion of the site would result in the removal of approximately 4.1-acres of central dune scrub vegetation, a sensitive habitat. This area is immediately adjacent to existing residential development located to the north and south of the subject parcel, and is on the very eastern edge of the area proposed to remain in open space. The impacts on this sensitive habitat would be mitigated by conditions 4 (BIOL-1(a)) and 5 (BIOL-1(b)) which require maximum feasible avoidance and habitat restoration, respectively. According to the Final Subsequent Environmental Impact Report (SEIR) prepared for the project, the biological effects of habitat fragmentation resulting from the placement of the detention basins in this area are not expected to be significant due to previous loss of habitat in this area from existing neighboring residential development. Locating these two detention basins outside of open space areas would require them to be placed within areas identified for residential development, resulting in a loss of 23 units, or 33% of the project. According to the applicant, this loss would render the project economically infeasible to build.


4.3.3 Public Multi-Use Trail. The OCP Parks, Recreation and Trails Map (OCP Figure 14) adopted by the Board of Supervisors on July 22, 1997 identified the future location of public multi-use trails across a portion of Key Site 30. These trails are identified as the Bradley Connector (B-1), and Village Connector (B-2).

OCP Figure 14:

As indicated in Figure 14 above, the Bradley Connector (B-1) and Village Connector (B-2) trails would be approximately 1 mile in length and would traverse the property from southeast to northwest, providing a connection between Bradley Road, Hummel Drive and Union Valley Parkway. The OCP describes these trails as off-road urban trails, which generally follow existing informal trails on the Key Site 30 property. Adherence to the project description and Condition of Approval 32, Public Trail Easement, would ensure that these public trails would be developed by the property owner and maintained by the Parks Division of Housing and Community Development. The proposed project includes a request to relocate a portion of the Bradley Connector Trail (B-1). The proposed alignment for the Bradley Connector Trail analyzed in the SEIR would restrict the trail to the northern perimeter of the parcel. In order to establish policy consistency with OCP Key Site 30 Development Standard KS30-4, and Policy OS-O-5, P&D staff recommends an alternate re-alignment (Attachment G: Proposed Re-Alignment of Public Multi-Use Trail, B-1, Bradley Connector), which more closely conforms to OCP Figure 14 by providing a trail


which traverses the site from southeast to northwest and contains an internal circular link to future development located on the eastern and western portions of the property. Onsite native vegetation, which is protected under other OCP policies, would not be impacted as the trail would generally follow existing informal trails on the property, and would be developed to avoid the disruption to or removal of sensitive native vegetation. The proposed project would increase the development potential on the project site from a maximum of 1 single family residence and accessory structures (including guest-house and potential agricultural employee dwellings) to 69 dwelling units of various size and configurations on parcels ranging from 5,500 to 22,000 sq.ft. in size (this increase is in addition to the 212 unit subdivision on the MR-O zoned portion of the project site which was approved by the County in 2009 as a part of the affordable housing focused rezone program). The population increase from the proposed project would result in a corresponding increase in demand for recreational opportunities within the community. The needs of future residents on the project site would be provided onsite by a 3.5 acre private passive park, and a public multi-use trail, approximately one mile in total length, within the private open space. The multi-use trail would be approximately 3-5 feet in width, and would consist of a dirt trail only. The trail would be installed by the applicant and maintained by the County. The cost of installation is expected to be limited, based on the relatively level terrain on the subject parcel and the type of trail (dirt trail) proposed for installation. The ongoing maintenance costs would be offset by the payment of Quimby fees and Orcutt Community Plan Development Impact Mitigation fees, which would also provide for offsite public amenities including Waller and Orcutt Community Parks.

4.4 Union Valley Park

The approximately 7.6-acre portion of property located in the northwest corner of the subject parcel is identified in the OCP for the future development of a portion of Union Valley Park. According to the Parks Division of Housing and Community Development, there are currently no plans to develop a park in this location. If, in the future, the County plans to develop this park, they would need to negotiate with the property owner at that time to obtain this portion of the property.


5.0 PROJECT INFORMATION

5.1 Site Information

Table 1

Site Information

Comprehensive Plan Designation Orcutt Community Plan urban area Agriculture, A-I-40, 40-acre min. parcel size (69-acres) Residential, RES-20, 20 units/acre (10.6-acres); Development within the MR-O zoned portion of the property is not a part of the proposed project.

Ordinance, Zone Santa Barbara County Land Use & Development Code Agriculture, AG-I-40 (69-acres) Multi-family Residential, MR-O (10.6-acres)

Site Size 79.6-acres (gross)

Present Use & Development Cattle Grazing/Vacant

Surrounding Uses/Zone(s) North: Single Family Residential, Open Space/Vacant; PRD (Planned Residential Development) 3.3 max dwelling units/acre; 10-R-1, 10,000 sq. ft. min. lot size. South: Single Family Residential, 10-R-1, 10,000 sq. ft. min. lot size East: Single Family Residential, 10-R-1, 10,000 sq. ft. min. lot size West: Senior Housing, Design Residential (DR-4.6), 4.6 units/acre

Access Bradley Road & Cherry Avenue

Public Services Water Supply: Golden State Water Company/City of Santa Maria Sewage: Laguna County Sanitation District Fire: Santa Barbara County Fire Station #21 Police: Santa Barbara County Sheriff’s Department

5.2 Setting

Slope/Topography/Soils: The subject parcel is located in a region characterized by gently-sloped low hills underlain by ancient sand dune deposits. The 79.6-acre parcel is situated within the southern end of the Santa Maria Valley at an elevation of approximately 410 feet above mean sea level. The parcel is characterized by gently rolling stabilized sand dunes. The northeast corner is fairly flat (slopes less than 10%), and the southern portion of the parcel slopes upwards toward the sand dunes. A seasonal drainage originates on the south-central boundary of the parcel from a culvert and crosses the site to the northwest. The western half of the parcel is also gently sloping, with higher elevations on the southern side.

The soil profile on the project site generally consists of sandy soils with loose to very loose consistency. The project site is comprised primarily of Oceano sand 2-15% slopes (OcD) and Oceano sand 2-15% slopes severely eroded (OcD3), with the remainder of the site comprised of Marina Sand 0-2% slopes (MaA).


Flora/Fauna: Vegetation onsite consists primarily of Central Dune Scrub, Annual Brome Grasslands, and non-native ruderal vegetation. Wildlife encountered during site visits includes California ground squirrels, Loggerhead shrike, American kestrel, Red-tailed hawk, Pocket gopher, Anna’s hummingbird, Say’s phoebe, Morning dove, Black phoebe, Yellow-rumped warbler, Western meadow-lark, Killdeer, Cooper’s hawk, and White-crowned sparrow.

5.3 Statistics

Statistics

Item Proposed Ordinance Standard

Max. Height of Structures 25 feet (max. two story) for both SLP and R-1 components of the project. Project description limits units to two stories.

SLP – 25 Feet (LUDC Section 35.23.050, Table 2-11) 8-R-1/10-R-1 - 35 feet (LUDC Section 35.23.050, Table 2-11)

Building Coverage (footprint) SLP Lots: 60% for a lot with a one-family dwelling 8-R-1/10-R-1: Maximum coverage consistent with applicable setback requirements for the zone district.

SLP Lots: 60% for a lot with a one-family dwelling; no maximum otherwise (LUDC Section 35.23.050, Table 2-11) 8-R-1/10-R-1: Maximum building coverage determined by front, side, and rear yard setbacks of each zone district as follows: Front: 50 ft from road centerline / 20 ft from right-of-way, or 20 ft from private easement serving 5 or more lots. Side: 10% of lot width Rear: 25 ft; 15 ft if rear abuts permanent open space or a street without access.

Roads Driveways Parking (covered/uncovered, ratio) Walkways

0.97-miles (5,121.6 sq. ft.) 1,360 linear feet 69 Residential Units each with attached two or three car garage, and on-street parking. 11,585 linear feet

No Standard No Standard Minimum Standard: 2 Car Garage (LUDC Sxn. 35.36.050) No Walkway Standard

Open Space Private Open Space Private Passive Park Public Multi-Use Trail

44.3-acres (56%) 3.5-acres (7.9%) Approximately 1 mile

SLP zone district: 15% open space (LUDC Section 8-R-1/10-R-1 – No Standard

Project Density SLP: 18 Residential Units (4.6 units per acre, 8 units per acre)

SLP – Maximum of one single family dwelling per lot; 7 dwellings per acre.


Statistics

Item Proposed Ordinance Standard

8-R-1/10-R-1: 51 Residential Units

The actual number of units allowed is determined through subdivision or planning permit approval (Table 2-11, Section 35.23.050). 8-R-1/10-R-1 - One single family dwelling per lot; plus one second unit where allowed in compliance with Sxn. 35.42.230 (Residential Second Units).

Grading 154,000 yd3cut; 23,000 yd3 fill. Chapter 14, Grading Ordinance: Section 14-21 through -29: Exposure of work; limitation on hours of operation; dust control; cut/fill slopes; erosion control.

5.4 Project Description Summary. The proposed project involves a General Plan Amendment, Rezone, Vesting Tentative Tract Map, and two Final Development Plan entitlements to subdivide an existing approximately 79.6-acre parcel into 77 parcels for the development of 69 single-family homes, a 3.5-acre passive park, and 44.3 acres of open space for recreation, detention basins, and drainage easement. The property is identified as Assessor’s Parcel Number (APN) 107-250-008. It is within the Orcutt Community Plan (OCP) area and is referred to as Key Site 30. Project Location. The approx. 79.6-acre Key Site 30 project site is located approximately ½ mile north of Clark Avenue in the Orcutt Planning Area, within the unincorporated area of Santa Barbara County. The site is bounded by South Bradley Road on the east, residences south of Woodmere Road and open space on the north, residences north of Amethyst Drive on the south, and residences east of Hummel Drive on the west. Project Characteristics. The proposed project is a request by Urban Planning Concepts, as agent for the owner, Lawnae Hunter, for approval of a General Plan Amendment, Rezone, Vesting Tentative Tract Map (VTM), and two Final Development Plan entitlements for the 79.6-acre Key Site 30. The proposed VTM includes six parcels for the 10.6-acre portion of the site that was rezoned MR-O in February 2009 as part of the Housing Element Focused Rezone Program. The project proposes to develop 38 single-family homes on the eastern portion of the site, 31 single-family homes on the western portion of the site, a 3.5-acre private passive park, 44.3-acres of private open space, construction of a public multi-use trail, detention basins, and a drainage easement.


Figure 5.4-4 illustrates the proposed site plan, as well as the MR-O designated portion of Key Site 30. Proposed landscaping would consist of a mix of trees, shrubs, perennials, annuals and ground cover, and would feature native & drought-tolerant plantings, consistent with Orcutt Community Plan Development Standard KS30-6 and other applicable policies from the GP/OCP. The majority of the center portion of the site is located in the Santa Maria Airport No-Build corridor and would be designated Recreation (REC). The proposed public multi-use trail would provide a pedestrian connection between the residential development on the eastern and western portions of the site.

Figure 5.4-1 - Regional Location Map


Figure 5.4-2 – Vicinity Map


The VTM proposes a total of 77 lots to be created on the site, as shown in Table 5.4-1. Sixty-nine of these lots would be residential, two would be for recreation, and six would be for the MR-O zoned portion of the property. The proposed Development Plan provides the details for site development of the area proposed to be zoned for residential use in the Small Lot Plan (SLP) zone district. Development Plans are not required for development proposed in the 8-R-1 and 10-R-1 zone districts; however, design of the proposed residences within the 8-R-1 and 10-R-1 zone districts would be subject to review and approval by the North County Board of Architectural Review (NBAR). Each of the project components is described in greater detail below. The General Plan Amendment for the proposed project would amend the Land Use Designation on the non MR-O zoned portion of the property from Agricultural (A-I-40) to Residential (RES-3.3, RES-4.6, RES-8.0) on approximately 21.2-acres, and Recreation (REC) on approximately 47.8-acres, with a corresponding rezone to Residential (8-R-1, 10-R-1), Small Lot Planned Development (SLP), and Recreational/Open Space (REC). The REC zone district area would also include a 3.5-acre passive park located in the eastern portion of the site. The application requests amendment of OCP Development Standard KS30-2 to allow limited uses and development in the identified open space area located in the central portion of the site, as follows:

DevStd KS30-2: No uses or development shall be allowed in sensitive habitat areas as

shown in Figure KS30-1, with the exception of a multi-use trail and

detention basins. Low intensity recreational uses that don’t involve

extensive changes to the natural terrain or vegetation (such as passive

parks, riding stables and trails, but not golf courses, swing clubs, etc.)

may be allowed in the remainder of the open space area. All such

recreation facilities shall be sited and designed to avoid removal of dune

scrub vegetation to the maximum extent feasible.

The detention basins would be designed for dual use. That is, they would be planted with grass, and would be designed such that no fencing would be required.

Table 5.4.1: Vesting Tentative Tract Map Proposed Lots

Use Number of Lots Acreage

Single Family (8-R-1) 41 11.1

Single Family (SLP) 18 3.9

MR-O 6 10.6

Interior Roads 0 3.1

Single Family (10-R-1) 10 3.1

Passive Park 1 3.5

Recreation, Basins, & Drainage Easement

1 44.3

Total 77 79.6


The application also requests the relocation of a portion of the multi-use trail identified in the OCP Parks, Recreation, and Trails map as B-1, Bradley Connector.

Project Components. This section describes the proposed Key Site 30 project components, including residential zones and recreation/open space. Final Development Plan 07DVP-00000-00032 is a request for approval of a Final Development Plan under the provisions of Section 35.82.080 of the Land Use Development Code (LUDC) to construct homes on a total of 18 single-family residential lots located in the SLP zone district. Design Guidelines. Design guidelines for the build-out of the project’s three residential zones are provided to address site design, grading, floor area, building form, height, accessory structures, materials and finishes, lighting, and landscaping. A common interest Homeowners Association would be established to operate and maintain all interior and exterior common areas. Building Heights. The proposed single-family homes located in the 10-R-1, 8-R-1, and SLP zones would not exceed 25 feet in height and are limited to two stories. The homes abutting existing off-site single-family residential areas would be deed-restricted to single story for the first 30 feet from the property lines of the proposed residences. Final Development Plan 10DVP-00000-00002 is a request for approval of a Final Development Plan under the provisions of Section 35.82.080 of the LUDC to construct a passive park located on one 3.5-acre lot located in the eastern portion of the Recreation area described below. This park would be for the benefit of residents of the Key Site 30 property and would not be open to the public. Recreation Area. The majority of the central portion of the site is located in the Santa Maria Airport No-Build corridor and would be designated REC. A public multi-use trail would provide a pedestrian connection between the residential development on the eastern and western portions of the site. Infrastructure/Access Components. This section describes infrastructure (including roadways, landscaping, and grading) proposed within the project area (refer to Figure 5.4-3). Roadway Access. Interior access to the eastern portion of the site would be provided by two access points along South Bradley Road. As part of the proposed project, the applicant initially proposed to signalize the intersection of South Bradley Road and Village Drive. However, the County Department of Public Works indicated that the intersection did not meet the County’s

warrant criteria, and requested that the signal be removed from the proposed project. Therefore, the intersection located at the intersection of South Bradley Road and Village Drive would be controlled by stop signs on the eastbound and westbound approaches to the intersection. Access to the southwest portion of the site would be provided via an extension of Cherry Avenue. All proposed roads would be privately installed and maintained.


Public Services. Golden State Water Company (GSWC) would provide water service to the project site. Water allocation from the City of Santa Maria has already been reserved for the project. GSWC is a public water provider that serves the communities of Tanglewood, Orcutt, Lake Marie, and Sisquoc, all of which overlie the Santa Maria Groundwater Basin. GSWC draws on several water sources to provide water for the Orcutt System. These sources currently include local groundwater, purchased water from the State Water Project (SWP), and purchased and/or assigned water from Santa Maria. Currently, groundwater is pumped from eleven wells in the Santa Maria Groundwater Basin. GSWC also receives imported water from the SWP through a contract with the Central Coast Water Authority (CCWA) (GSWC, June 2006). Laguna County Sanitation District (LCSD) would provide sewer service through an existing sewer line to the west. The District’s sewer infrastructure consists of a wastewater reclamation

facility, a network of trunk sewers and collection pipes, and spray fields for disposal of treated effluent. The District’s 24-inch main trunk line runs under the Santa Maria Airport and is fed by gravity flows from the majority of the planning area. Pacific Gas and Electric would provide the electric service, and Southern California Gas would provide gas service to the site. Verizon would provide phone service, and Comcast Cable would serve the site. Public Infrastructure. In 2002, the Orcutt Community Facilities District (CFD) was created by the Board of Supervisors to ensure maintenance of community services such as protective services, drainage facilities, parks, libraries, landscaping, and natural open space (including medians) and trails. Prior to map recordation, the project would be annexed to the Orcutt CFD. Drainage. Storm water from the proposed residential development would be collected and directed to storm drains located in the proposed project roadways. With respect to the eastern portion of the site, the collected storm water would be conveyed to two shallow detention basins located west of the terminus of proposed Roads ‘B’ and ‘C,’ shown in Figure 5.4-4. Water collected in these two basins would drain to an existing drainage swale located in the center of the site (located on proposed Lot No. 76). For the western portion of the site, the storm water would be conveyed to a shallow detention basin located at the northern terminus of the proposed extension of Cherry Avenue. Water collected in this basin would drain to an existing drainage swale located on the property to the west (APN 107-270-049). In order to further reduce water quality impacts, the project would include the following low impact development (LID) measures, to the extent feasible:


Design measures:

Vegetated swales, buffers, and strips throughout the project site;

Use of permeable pavement, in appropriate places; and

Impervious surface reduction and disconnection. Structural measures:

Roof leader flows directed to planter boxes and other vegetated areas and/or vegetated swales and buffers; and

Soil amendments to increase infiltration rates. Landscaping. Proposed plantings would consist of a mix of trees, shrubs, perennials, annuals and ground cover. A 20-foot wide landscape buffer would be provided along the eastern perimeter to screen the project from pedestrian and vehicle traffic traveling on South Bradley Road. Landscape lighting would be low-wattage, hooded and directed downward. Grading. The project includes approximately 154,000 cubic yards (CY) of cut and 23,000 CY of fill. Approximately 119,940 CY of excess material would be generated by the project. The applicant proposes that trucks hauling the excess material would use South Bradley Avenue to either Clark Avenue to U.S. 101 or Santa Maria Way to U.S. 101, depending on the final destination of the haul material. Project Phasing. Development on the project site is anticipated to be constructed in three phases which may be developed independently or concurrently, depending on market conditions. The anticipated phasing would be:

Phase 1 – Southeast SLP and 10-R-1 lots (20 units) Phase 2 – Southwest 8-R-1 lots (31 units) Phase 3 – Northeast 8-R-1 and SLP lots (18 units)

The approved MR-O residential development will be developed independently of or currently with the phases described above. Project Objectives. The primary objectives of the Bradley Village (Key Site 30) project are as follows:

To develop the site consistent with the Orcutt Community Plan’s designation of the

property as one of 43 key sites identified for future development.

To develop the site in a manner that is responsive to the Orcutt Community Plan, the

County Housing Element, current environmental requirements and the physical

characteristics of the site.


To provide a variety of housing types and densities to help meet the housing needs of the

community of Orcutt, and construct up to 69 residential units on the site while paying in-

lieu fees to meet Affordable Housing requirements.

To develop the site in a manner which preserves the majority of the site as open space,

consisting of a public multi-use trail system and detention basins serving the on-site

residential areas.

To help the County meet the latest State public policy planning, compact housing and

land use, transportation, environmental and global warming requirements of SB 375 and

AB 32.

It is also noted that the project includes LID features that would provide for protection of water quality to the extent feasible. The project would also include measures to reduce greenhouse gas emissions, including ENERGY STAR appliances, energy efficient lighting, shade trees, trails, and access to public transit (local bus stop).

Figure 5.4-3 – Proposed Zoning Map


Figure 5.4-4 – Proposed Site Plan

5.5 Background The proposed General Plan Amendment (GPA) application was submitted on November 1, 2005. The initial submittal included a proposal to re-designate the subject parcel as follows: 1) 12.5-acres to DR-9 (Design Residential, 9 units per acre); 2) 8-acres to DR-4.6 (Design Residential, 4.6 units per acre); 3) 4 acres to DR-8 (Design Residential, 8 units per acre); 5) 12-acres to PI (Professional and Institutional); 6) 3-acres to C-2 (Retail Commercial); and 7) the remainder (approx. 39.2 acres) to REC (Recreational). The County Planning Commission reviewed the proposed GPA for initiation at four hearings in 2006 (3/8/06, 5/10/06, 7/12/06 and 8/23/06). At the Planning Commission hearing of March 8, 2006, the Commission continued the project to the May 10, 2006 hearing and directed staff to return with additional information. When the project returned on May 10, 2006, the Planning Commission continued the item to the July 12, 2006 hearing to allow the applicant to revise the project description to reduce the intensity of the recreational uses, increase the buffer between existing and proposed residences, and return with a more detailed project description. At the July 12, 2006 hearing, the project was once again continued to the August 23, 2006 hearing to allow the applicant additional time. The proposed GPA returned to the Planning Commission on


August 23, 2006 with a revised project description proposing to rezone the site from AG-I-40 (Agriculture, 40-acre minimum lot size) to 7-R-1, 8-R-1, 10-R-1, and MR-20. At this hearing, the Planning Commission reviewed the proposed project, and voted to initiate the proposed GPA. Subsequent to the 2006 Planning Commission initiation, in February of 2009, the County Board of Supervisors approved the Housing Element Focused Rezone Program to re-designate the eastern 10.6-acres of Key Site 30 to a Residential-20 land use designation with multi-family residential (MR-O) zoning for the future development of 212 residential units. Following completion of the MR-O rezoning, the applicant revised their application and resumed processing with the revised project description, which does not conflict with the footprint of the MR-O approved project.

6.0 PROJECT ANALYSIS

6.1 Environmental Review

The future development of Key Site 30 was studied in the Final Environmental Impact Report (EIR) prepared for the Orcutt Community Plan (95-EIR-01). Section 15162 (Subsequent EIR’s

and Negative Declarations) of the California Environmental Quality Act (CEQA) requires a subsequent EIR or Negative Declaration to be prepared for a project when:

1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant, environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted including that the project will have one or more significant effects not discussed in the previous EIR or negative declaration.

Consistent with item #2 above, substantial changes occurred with respect to the circumstances under which the project is undertaken which would require major revisions to the OCP Final EIR, and the proposed project would result in one or more significant effects that were not discussed in the OCP Final EIR (95-EIR-01). As a result, a Final Subsequent EIR has been prepared for the project to evaluate potentially significant impacts and to identify mitigation


measures to reduce impacts, and alternatives to the proposed project that would avoid or substantially lessen significant impacts (i.e., Section 15162 criterion 2 above). The Draft SEIR was released for a 45-day public comment period on August 16, 2012. A public hearing was held on September 26, 2012 to receive oral comments on the adequacy of the Draft SEIR. The comment period closed on October 1, 2012. The Proposed Final Subsequent Environmental Impact Report provides a full discussion of all environmental issues, including the existing setting, potential project impacts, and required mitigation to reduce these identified impacts. Eleven written comments were received on the Draft SEIR. These letters are included in Section 10.0, Response to Comments, of the Final SEIR.

6.1.1 Impacts/ Mitigation

The proposed EIR identified three significant and unavoidable cumulative (Class I) environmental impacts resulting from project implementation in the areas of Aesthetics/Visual Resources, Biological Resources (habitat loss), and Public Facilities (solid waste). Potentially significant but mitigable (Class II) impacts were identified in the issue areas of Aesthetics/Visual Resources, Biological Resources, Cultural Resources, Geological Processes, Air Quality, Hydrology and Water Quality, Noise, and Transportation/Circulation. Adverse, but less than significant (Class III) project impacts have been identified in the areas of Aesthetics/Visual Resources, Air Quality, Cultural Resources, Geological Processes, Hydrology and Water Quality, Noise, Land Use, Public Facilities (solid waste), and Transportation/Circulation. The Executive Summary Tables of the Final SEIR provide a complete summary of the impacts of the project and suggested mitigation measures.

6.1.2 EIR Alternatives

Seven alternatives to the proposed project are analyzed in the Final SEIR. The future development of the Key Site 30 project under the Orcutt Community Plan (OCP) and three alternatives were previously analyzed in the OCP EIR (1995). The Final SEIR addresses three additional alternatives to the currently-proposed Key Site 30 development project, for a total of seven project alternatives.

Summary of OCP EIR Alternatives and Impacts Identified in the OCP EIR

Alternative 1: Key Site 30 Project Evaluated in OCP EIR The development of the Key Site 30 property as evaluated in the OCP EIR included the following land use designations: Planned Development 8.0 units/acre (PD 8.0) in the northern 10.23-acres of the site, Residential 3.3 units/acre (RES 3.3) in the southwestern 9.45-acres of the site, and Existing Public/Private Recreation and Open Space over the remaining 59.05-acres of the site. The PD designation identifies a 40% minimum open space requirement, which would total a minimum of 31.49-acres for Key Site 30. The purpose of this district is to allow clustering of units so that hazardous and sensitive areas may be avoided, adequate public services provided,


and open space preserved. The proposed zoning in this alternative is Planned Residential Development (PRD) in the northern 10.23-acres of the site; Residential 10,000 square feet minimum lot size (10-R-1) in the southwestern 9.45-acres of the site; and Open Space over the remaining 59.05-acres of the site. Development on the site was assumed to be located within 10.23-acres in the northeastern corner and 9.45-acres in the southwestern corner of the project site, in order to avoid the Santa Maria Airport “Flight Approach Zone” and “No-Build”

corridors. Buildout under this alternative would allow for the construction of 112 residential units on the site. This alternative included a segment of multi-use trail crossing the site from the northwest to the southeast, within the proposed Open Space area.

The OCP EIR identified Class II impacts for biological resources including loss of habitat. Impacts associated with geologic hazards, soils, flood hazards and drainage, short and long-term noise, airport noise, hazards and risk of upset, demand on junior high and high schools, and solid waste were also determined to be Class II. Class I impacts identified in the OCP EIR include impacts to water supply, increased traffic volumes, demand on elementary schools, and aesthetics. The OCP analysis of Key Site 30 did not include site-specific discussions of impacts to the following issue areas: archaeological resources, agricultural land conversion, and air quality. However, it was it was determined that the potential exists for significant environmental effects to occur in each of these areas, and future environmental review was required in order to determine if potentially significant effects would occur.

Alternative 2: OCP EIR No Project Alternative (OCP EIR Alternative #1) With the OCP EIR “No Project” alternative, the existing land use designation and zoning in place at the time of the OCP EIR’s preparation in 1995 (PD 3.3/AG-I-40) would be retained. The land use designations would allow for the construction of one residential unit and accessory structures, located outside of the Airport Clear Zone. Access was assumed to be provided from the more accessible eastern side of the project site. This alternative did not include provisions for an Open Space Overlay or multi-use trail proposed in the OCP project description. The OCP EIR concluded that the impacts associated with the development of one residential unit in the area would be minimal. Regional impacts associated with groundwater demand, increased traffic volumes, air pollutant emissions, demand on schools, aesthetics, and solid waste would be reduced to a less than significant level. Localized impacts associated with increased short and long-term noise, airport noise, geologic hazards, soils, and hazards and risk of upset would also decrease. The extent of flooding impacts would remain significant but mitigable, but the impact severity would decrease substantially due to the fact that only a one residential unit would be located in areas of potential flooding. There could be potential impacts to biological resources if the developer clears a large portion of land for the residential unit. Alternative 3: Low Build-out Alternative (OCP EIR Alternative #2) This alternative is similar to that of the project evaluated in the OCP EIR with the exception of a lower density (Planned Development 3.3 units/acre) being applied to the northern 10.23-acres, instead of the 8.0 units/acre density evaluated at the OCP EIR project. Build-out under this


alternative would allow for the construction of 64 residential units on the site. As described in the OCP EIR, the reduction in residential development potential under this alternative would reduce the extent of regional impacts associated with groundwater demand, increased traffic volumes, air pollutant emissions, and solid waste. Localized impacts associated with increased short and long-term noise, airport noise, geologic hazards, soils, and hazards and risk of upset would also decrease. However, significant and unavoidable impacts would remain in the areas of public services, aesthetics, and schools. Impacts to biological resources would remain significant but mitigable. Impacts to traffic would likely be reduced to a Class II impact. Alternative 4: High Build-out Alternative (OCP EIR Alternative #3) This alternative would have rezoned 5 acres of the project site along South Bradley Road to PD 1.8/PRD 1.8 with Neighborhood Commercial/C-1, which would have allowed for the construction of up to 133 residential units and 54,529 square feet of commercial space. Commercial development would have likely fronted South Bradley Road on about 4.7-acres in the northeastern corner of the project site. The remaining 14.98-acres would have been developed with residential units at an effective density of 8.8 units per acre. Access was to be provided in the same manner as that for the OCP EIR project. The Open Space Overlay and multi-use trail would be identical to those proposed in the OCP EIR evaluated Key Site 30 project. This alternative would represent an increase in residential units relative to the OCP EIR evaluated project and would add a commercial component. As a result, the OCP EIR concluded that the density of this alternative would be incompatible with surrounding uses and would result in greater impacts to biological resources, traffic, air quality, groundwater resources, airport safety, fire protection, police protection, schools, sewer service, and visual resources.

Description of Additional Alternatives identified in the Key Site 30 Final Subsequent EIR

Alternative 5: New No Project Alternative This alternative does not propose any changes to the existing land use/zoning designations or development standards for Key Site 30. The existing zoning designations for the site are Agricultural (AG-I-40), 40-acre minimum parcel size (AG-I-40), which applies to the majority of the site, and which allows one single-family residence per legal lot at a maximum density of 1 unit per 40 acres, and Multifamily Residential-Orcutt (MR-O), which applies to a 10.6-acre portion of the site and which allows 20 units per acre. In addition, no development would occur within the open space areas of the site. In absence of the proposed project, one residential unit could still be developed within the developable portion of the site. Build-out under these existing designations would include 212 multi-family units within the 10.6-acre MR-O zone, and an additional one single-family residential unit. As with the proposed project, primary site access would be from South Bradley Road or Cherry Avenue. Based on OCP-adopted development standards, the one single-family residential unit would need to be sited outside of the open space area, and would therefore be expected to be located in the northeastern or southeastern portions of the site.


Alternative 6: OCP Compliant/Reduced Project Alternative This alternative would exclude the proposed amendment of OCP Development Standard KS30-2 to allow limited uses and development in the identified open space area. In the absence of this amendment, on-site detention basins would be prohibited within areas designated in the OCP as open space, and within sensitive habitat areas. Consistent with OCP Development Standard KS30-2, the multi-use trail would still be permitted within open space areas. This change would require that on-site detention basins be relocated outside of open space area and sensitive habitat, which would reduce the area on the site that would be potentially developable with residential uses. For the purpose of this analysis, it is assumed that the site plan would adhere to the basic layout of development as is contemplated in the proposed project, but would relocate on-site detention basins into the areas of the project site intended for residential uses under the proposed project. Relocation of on-site detention basins outside of sensitive habitat areas and open space is assumed to result in a reduction in the potential residential build-out of the site from 69 units under the proposed project to approximately 34 units. Therefore, under this alternative, a total of 246 residential units on the site are assumed: 34 units as part of the proposed project and 212 units on the MR-O zoned portion of the site. Alternative 7: Enhanced Recreation Project Alternative Development under this alternative would be similar to the proposed project, but would amend OCP Development Standard KS30-2 to allow development of active recreational uses within the 44.3 acres of land currently proposed for open space, which are designated under the proposed project for passive recreational uses, detention basins, and drainage easement. This open space is within the Santa Maria Airport “Flight Approach Zone” and “No-Build” corridors, precluding the

possibility of residential or other development within this area. Development within the No-Build corridor is restricted to non-residential uses, including roads, parks, and parking lots. All development within the Flight Approach Zone is reviewed on a case-by-case basis by the Airport Land Use Commission (ALUC). Therefore, this area could be rezoned for active recreational uses such as athletic fields. With the exception of the potential for active recreational uses within the area currently proposed for open space, the locations and densities of the residential units under this alternative would be the same as those proposed by the project and would include 69 new residential units. Including the 212 units approved for the MR-O zoned portion of the site, there would be a total of 281 dwelling units on the Key Site 30 property. Environmentally Superior Alternative Per the CEQA Guidelines, Section 15126.6, the purpose of evaluating alternatives to the proposed project is to evaluate the comparative merits of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the project objectives but would avoid or substantially lessen any of the significant effects of the proposed project. The basic objectives of the proposed project are to: 1) Develop the site consistent with the Orcutt Community Plan’s designation of the property as a Key Site identified for future development; 2) Provide a variety of housing types and densities in a manner that is responsive to the Orcutt


Community Plan, the County Housing Element, current environmental requirements and the physical characteristics of the site; 3) Develop the site in a manner which preserves the majority of the site as open space consisting of a public multi-use trail system, private park, and private storm water detention basins; and 4) assist the County in meeting State housing requirements. When all of the alternatives are considered, Alternative 5, the new no project alternative is considered to be the environmentally superior alternative. Pursuant to Section 15126.6(e), if the analysis concludes that the No Project Alternative is the environmentally superior alternative, the EIR shall also identify an environmentally superior alternative from the other alternatives. Among the remaining alternatives, the OCP Compliant/Reduced Project Alternative (Alternative 6) would result in marginally reduced impacts, as compared to both the proposed project and to the original alternatives analyzed in the OCP EIR, and would therefore be considered environmentally superior among the remaining alternatives. However, this alternative would not eliminate any of the significant and unavoidable (Class 1) impacts as compared to the proposed project, and according to the applicant, would result in a project that is economically infeasible to build, as proposed detention basins would be required to be constructed within areas currently identified for residential development. This alternative would not meet the proposed project objectives identified in the EIR.

6.2 Comprehensive Plan Consistency The following Comprehensive Plan Consistency analysis organizes the applicable Orcutt Community Plan policies with the general policies of the Comprehensive Plan by issue area in order to reduce redundancy. Policies and Development Standards are indicated in italics followed by a consistency discussion in regular font.

Land Use Element – Land Use Development Policies

Land Use Development Policy 2: The densities specified in the Land Use Plan are maximums

and may be reduced if it is determined that such reduction is warranted by conditions

specifically applicable to a site, such as topography, geologic or flood hazards, habitat areas, or

steep slopes. However, density may be increased under programs of the Housing Element.

Land Use Development Policy 3: No urban development shall be permitted beyond boundaries

of land designated for urban uses except in neighborhoods in rural areas.

Land Use Development Policy 4: Prior to 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 otherwise indicated in the land use

plan.


Land Use Development Policy 5: Within designated urban areas, new development other than

that for agricultural purposes shall be serviced by the appropriate public sewer and water

district or an existing mutual water company, if such service is available.

Orcutt Community Plan Key Site 30 Site Specific Development Standards

DevStd KS30-1: Residential and/or recreational development shall occur only in the northeast

corner (11.9 acres) and the southwest corner (7.7 acres), the southeast corner (9.3 acres), and

the northwest 7.6 acres as shown in Figure KS30-1. The remainder of the site shall remain in

passive open space.

DevStd KS30-7: Development on the portion of the property designated Res. 20.0 zoned MR-O

shall be constructed at a minimum and maximum of 20 dwelling units/acre by right, excluding

private and public right-of-way.

DevStd KS30-8: Future development proposals in the airport flight approach zone or in the

general airport traffic pattern which result in large concentrations of people (e.g., high density

residential) shall be subject to review and recommendation by the Airport Land Use

Commission.

DevStd KS 30-9: For any new development proposed on Key Site 30 under the Focused Rezone

Program in either the “no-build” corridor or the Approach Zone (Airport Safety Area 2) as

defined in the Santa Barbara County ALUP, an aviation easement for noise and safety purposes

shall be required.

DevStd KS30-18: No residential or commercial development shall be permitted within the

Airport No-Build Corridor as depicted on Figure KS-30-1.

Orcutt Community Plan – Land Use

Policy LU-O-3: The County shall require that adequate resources and service capacity are

available to accommodate the growth identified within this Plan.

Policy LU-O-5: To improve fiscal balance in the development, operations, and maintenance of

public infrastructure, the County shall pursue establishment of appropriate funding mechanisms

to ensure that development pays its "fair share" of public infrastructure costs.

Policy LU-O-6: The Orcutt Urban/Rural Boundary shall separate principally urban land uses

and those which are rural and/or agricultural in nature. This boundary shall represent the

maximum extent of the Orcutt urban area and the Urban/Rural Boundary shall not be extended

until existing inventories of vacant land within the urban area are nearing build-out. Boundary

adjustments shall be approved only as part of a major Community Plan update.

Policy LU-O-8: In order to preserve the semi-rural character of Orcutt, protect natural

resources, and avoid development in hazardous areas, the County shall provide for large


useable areas of (public or private) open space within the community. Appropriate planning

tools should be explored and adopted which provide for the clustering or relocation of

development from hazardous, environmentally sensitive or visually prominent areas, or other

sites which are deemed unsuitable for development, to areas appropriate for development.

STAFF ANALYSIS: CONSISTENT. Although the subject parcel is zoned Agriculture, AG-I-40, the subject parcel is located within the urban limit line of the OCP, and is surrounded on all sides by parcels with a residential land use designation and zoning. In addition, Key Site 30 has been identified for future urban development by the OCP. The proposed project does not propose to augment the existing urban boundary. The OCP envisioned the future development of up to 112 units on Key Site 30. However, the rezone to MR-O as a part of the 2009 Housing Element Update allows for the future development of 212 residential units. The proposed project does not include development within the MR-O zoned portion of the property. Future development within this area would be by right at a density of 20 dwelling units/acre or 212 units. The proposed project is not considered a high density project and habitable structures would be located outside of the Santa Maria Airport’s

No-Build Corridor. Preliminary review of the proposed project plans by the Airport Land Use Commission (ALUC) staff indicates that there are no conflicts with the Airport Land Use Plan. Formal review and recommendation by the ALUC will be completed prior to final action by the Board of Supervisors. Under the proposed development, approximately 47.8-acres of the site would be zoned REC, with 3.5-acres developed as a passive park, and the remaining 44.3-acres retained as open space. Retaining approximately 47.8-acres of the site in open space would preserve the semi-rural character of Orcutt, and protect onsite natural resources. The proposed development is clustered in areas of the site which were identified for future residential development in the OCP. Key Site 30 Development Standard KS 30-1 states that with the exception of residential and/or recreational development occurring only in the northeast corner (11.9 acres) and the southwest corner (7.7 acres), the southeast corner (9.3 acres), and the northwest 7.6 acres as shown in Figure KS30-1, the remainder of the site shall remain in passive open space. Consistent with Dev Std KS 30-1, the proposed project would correspond to the open space designation (with the exception of two basins to be located within the open space area) by developing residential structures and recreational uses (single family residences & private passive park) within the northeast corner, southeast corner, and southwest corner of the subject parcel. The proposed public multi-use trail and two private storm water detention basins would be developed within the open space area. The detention basins would not be used for recreational purposes, and the public multi-use trail is required by Key Site 30 Development Standard KS30-4 to be placed within the Open Space area. The Final SEIR concludes that placing the two storm water detention basins within areas identified for future residential development (outside of open space area) would not result in a change to project specific impacts or to class I significant and avoidable cumulative impacts.


Adequate fire and police protection, public school capacity, landfill capacity, and wastewater service would be available for the proposed project, and impacts related to these services would be less than significant. Sewage disposal by the Laguna County Sanitation District, and domestic water provided the Golden State Water Company (with supplemental water allocated by the City of Santa Maria) would be adequate to serve the proposed project. The applicant would be required to pay the project’s fair share of fees for parks, fire and police protection services, flood control, roads, and water in accordance with the County’s developer fee schedule. Implementation of the proposed project would result in less than significant project-specific and cumulative impacts to area roadways and intersections, and adequate roads are available to serve the proposed development. Traffic impacts would be less than significant. Therefore, the proposed project is consistent with these Policies.

Orcutt Community Plan – Wastewater

Policy WW-O-2. Prior to discretionary approval of a new development, the County shall make a

finding that there will be adequate capacity and availability for LCSD to serve the new

development.

DevStd WW-O-2.1: Prior to the discretionary approval of new development, the developer shall

identify all additional facilities required to adequately collect, convey, treat and dispose of the

sewage effluent from the development.

DevStd WW-O-2.3: A “Can and Will Serve Letter” from LCSD will be found adequate for

recording of maps or issuance of land use permits (including permits for development of

preexisting lots) only if the letter demonstrates:

LCSD’s effluent, including the effluent from the proposed project, will not exceed the

discharge standards established by the Regional Water Quality Control Board;

Adequate disposal capabilities exist at the plant or through agreement with the City of

Santa Maria (providing that treatment and disposal by the City does not further degrade

the underlying groundwater quality) to serve the project(s); and Existing or planned and

funded transmission lines have available capacity to serve the project(s).

DevStd WW-O-2.2. At the time of discretionary approval, the County shall condition the

recordation of the final map or issuance of LUP’s on provision of an adequate “Can and Will

Serve” letter from LCSD.

STAFF ANALYSIS: CONSISTENT. The Laguna County Sanitation District (LCSD) indicates that adequate capacity and availability exists within the existing collection system and treatment facilities to accommodate the proposed project. No additional facilities required to adequately collect, convey, treat and dispose of the sewage effluent from the development are required. In accordance with Condition No. 77 (Other Departmental Conditions), the project applicant would be required to obtain a “ Final Can and Will Serve Letter” from the LCSD prior to map


recordation and demonstrating the requirements listed in Development Standard WW-O-2.3. Therefore, the proposed project is consistent with this policy and development standards.

Orcutt Community Plan – Resource Recovery

Action RR-O-1.1: The County, in conjunction with the local waste hauler, shall continue to

encourage a residential, commercial, and industrial recycling program throughout the Orcutt

Planning Area, including yard waste collection, composting and conservation programs.

Policy RR-0-2: The County shall strive to ensure that adequate solid waste services are

available to accommodate expected growth in Orcutt.

STAFF ANALYSIS: CONSISTENT. The proposed project would not exceed the County’s threshold

of 196 tons/year of solid waste generation. The proposed project would be served by existing County recycling programs, and adequate solid waste services are in place and would continue to remain in place to serve the proposed project. Adherence to Condition of Approval no. 37, which required recycling during construction and throughout the life of the project, would ensure consistency with this action and policy.

Orcutt Community Plan – Groundwater Policies, Actions and Development Standards Policy WAT-O-2: In order to be found consistent with Land Use Development Policy No. 4

(LUDP#4), the water demand of new discretionary development must be offset by long-term*

supplemental** water supplies that do not result in further overdraft of the local groundwater

basin and that are adequate to meet the project’s net water demand as determined by the County

considering appropriate reliability factors as determined by County Water Agency.

* “long-term” means permanent source of water for development.

** “supplemental” water means a source of water other than groundwater, unless: 1. the

groundwater basin has been determined to be no longer in overdraft, or 2. The use of

groundwater is consistent with the final water rights judgment entered in the Santa Maria

Groundwater Basin adjudication (Santa Maria Valley Water Conservation District v. City of

Santa Maria, et al., Santa Clara County Superior Court Case No. CV 770214). Amended by

Res. 01-225, 7/10/01

DevStd WAT-O-2.1: Prior to discretionary action by any County decision-maker on new

development, the applicant shall provide one of the following:

1. A "Can and Will Serve" letter from California Cities Water Company dated

before July 1997;

2. An "Intent to Serve" letter from California Cities Water Company or other water

purveyor(s) including draft contract(s), if any, demonstrating to the County’s

satisfaction that the development’s net water demand will be offset by a long-term

supplemental water supply and that the development will have a continuing right to

obtain water equal to that of the water purveyor’s other customers. Contract(s), if


any, must include terms consistent with the requirements of DevStd WAT-O-2.2.

DevStd Wat-O-2.2: Prior to discretionary action on new development, the applicant must

demonstrate adequacy of the water supply proposed to serve the project, unless the applicant has

satisfied DevStd WAT-O-2.1 #1 above. This demonstration shall be based on the following

information, which must be provided prior to application completeness:

Resources

• Provide information on project’s projected gross and net demand for water. The

supplemental water supply must offset the project’s net water demand.

• Documentation of the reliability of the proposed water supply as projected by the

Department of Water Resources (for State Water) and confirmed by the County Water

Agency.

• A description of how the project will be served during drought periods. If conjunctive use of

the Santa Maria Groundwater Basin is planned, demonstration that use of the basin will

not contribute to long-term groundwater overdraft considering drought periods. The

factual determination of overdraft contribution shall be made by the Planning &

Development Department and County Water Agency.

• Provide a factual demonstration that the water purveyor has available, firm, long-term

reliable water supplies which equal or exceed present demand from existing customers,

projects approved for new service, and the proposed project under County review. The

demonstration should also show that the project use would not contribute to overdraft of

the basin. The factual determination of no additional overdraft shall be made by Planning

& Development and County Water Agency.

• Provide draft contract(s) with water purveyor(s), which demonstrate(s) to the satisfaction

of the County that the development will be served by a long-term supplemental water

source and will have a continuing right to obtain water equal to that of the water

purveyor’s other customers.

• Provide information on the water purveyor’s existing and projected range of potential State

Water and/or other supplemental water delivery amounts needed for full build-out under

the water purveyor’s management plan, status of conservation programs, drought buffers,

and groundwater pumpage consistent with applicable state government code requirements

on water reporting. Provide information on the most recent annual water deliveries from

various sources in the purveyor’s service area, as available from existing reports.

Facilities

• Documentation of the facilities necessary to deliver water and demonstration of permanent

access to the facilities such that uninterrupted service would be provided. The

documentation must include a list and description of facilities, site plans, capacity and

capital costs necessary to distribute water to the project.

• Demonstration that capital costs associated with providing service to the new development

will not impact existing Orcutt development.

• Demonstration that the water supply project is designed, approved, funded and scheduled

for implementation prior to tract map recordation or land use clearance.


• Describe approvals and entitlements necessary for the proposed water supply and delivery

system.

DevStd Wat-O-2.3: Prior to map recordation or land use clearance, the developer must provide

a Can and Will Serve letter and necessary final contract(s) consistent with the conditions of the

discretionary permits and terms of the draft contract(s).

Policy WAT-O-3: Development in Orcutt shall incorporate water efficient design and

technology.

Policy WAT-O-5: To reduce overall TDS levels in the wastewater in Orcutt, and thereby reduce

the level of potential groundwater contamination from disposal of this wastewater, water used to

serve new development in Orcutt must have a TDS level of no greater than 425 mg/L. This may

either be provided through direct deliveries of 425mg/L or less water to new development or

through the delivery of offsetting 425mg/L or less water to the water system serving Orcutt. An

exception to this standard is allowed only when the TDS level of State Water delivered to Santa

Maria exceeds 425mg/L; in that case, the TDS level of water serving Orcutt may not exceed the

TDS level of State Water. However, in "drought years" (as determined by the County Water

Agency) water demand may be satisfied by groundwater pumpage in compliance with the

adopted groundwater management agreement between the City of Santa Maria and the SMV

Water Conservation District.

STAFF ANALYSIS: CONSISTENT. Water for the proposed project would be provided by the Golden State Water Company (GSWC). GSWC has issued a preliminary can and will serve letter dated October 30, 2007 stating that they will be able to provide domestic and fire protection service water for the proposed project. As discussed in Final EIR Section 4.11, Utilities and Service Systems, water demand from the proposed project would not exceed Santa Barbara County thresholds of significance for groundwater basins that are in a state of overdraft. Based on a finding by the Court of Appeal in City of Santa Maria, et al v. Richard E. Adam, et

al. (2012) 211 Cal.App.4th 266, the Court determined that the Santa Maria Groundwater Basin is not currently in overdraft. Therefore, the requirement for long-term supplemental water supplies that do not result in further overdraft of the local groundwater basin from OCP Policy WAT-O-2 is not applicable at this time. If the Santa Maria Groundwater Basin is determined to be in a state of overdraft prior to map recordation, project condition of approval no. 34 (Attachment B) would ensure that the draft supplemental water contract is finalized at that time. The project proposes several low impact development (LID) measures that would provide water efficient design and technology, including drought tolerant landscaping, use of permeable paving, and roof leader flows directed to planter boxes and other vegetated areas and/or vegetated swales and buffers. The water provided by Golden State Water Company would be less than 425 mg/L TDS. Therefore, the proposed project is consistent with these Policies, and Development Standards.


Orcutt Community Plan – Police Protection

Action PP-O-1.6: P&D shall give the Sheriff Department the opportunity to review development

projects with substantial open space to determine the adequacy of public safety measures.

STAFF ANALYSIS: CONSISTENT. The Sheriff’s Department was notified about the proposed project as a part of the SEIR process and provided no comments on the proposed development, which would include public trails across private open space. Existing Sheriff’s services are

expected to provide adequate public safety measures. Therefore, the proposed project is consistent with this action.

Orcutt Community Plan – Schools

Policy SCH-O-1. The County shall strive to ensure that new development fully mitigates its

impacts to school facilities and does not cause school overcrowding.

Policy SCH-O-2. New recreational facilities should be located near or adjacent to school

facilities as much as possible to allow for joint use by schools and the community.

Action SCH-O-1.1. The County shall require that all statutory school facilities fees established

by School Districts in the Orcutt Planning Area pursuant to Govt. Code Section 65996 be paid in

full prior to issuance of building permits or as agreed to by the applicant and the school district.

STAFF ANALYSIS: CONSISTENT. The proposed project would generate approximately 28 students to the Orcutt Union School District and 14 students to the Santa Maria Joint Union High School District schools. While these additional students would increase existing over-enrollment at schools currently exceeding design capacity, the collection of state-mandated fees (pursuant to Section 65995 (3) (h) of the California Government Code) is considered full and complete mitigation for impacts related to public schools. All required school fees would be paid in full prior to issuance of any building permits. The proposed 3.5-acre passive park is intended to serve the residents of the subdivision. The proposed multi-use trail would be open to public use. No schools are located adjacent to the project site; and hence, provision of joint use facilities is not required. Therefore, the proposed project is consistent with these Policies and Action.

Land Use Element – Hillside and Watershed Protection Policies

Policy #1: 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.

Policy #2: All development shall be designed to fit the site topography, soils, geology,

hydrology, and any other existing conditions and be oriented so that grading and other site

preparation is kept to an absolute minimum. Natural features, landforms, and native vegetation,

such as trees, shall be preserved to the maximum extent feasible. Areas of the site which are not


suited to development because of known soil, geologic, flood, erosion or other hazards shall

remain in open space.

Policy #3: For necessary grading operations on hillsides, the smallest practical area of land

shall be exposed at any one time during development, and the length of exposure shall be kept to

the shortest practicable amount of time. The clearing of land should be avoided during the

winter rainy season and all measures for removing sediments and stabilizing slopes should be in

place before the beginning of the rainy season.

Policy #4: Sediment basins (including debris basins, de-silting basins, or silt traps) shall be

installed on the project site in conjunction with the initial grading operations and maintained

through the development process to remove sediment from runoff waters. All sediment shall be

retained on-site unless removed to an appropriate dumping location.

Policy #5: Temporary vegetation, seeding, mulching, or other suitable stabilization methods

shall be used to protect soils subject to erosion that have been disturbed during grading or

development. All cut and fill slopes shall be stabilized as rapidly as possible with planting of

native grasses and shrubs, appropriate non-native plants, or with acceptable landscaping

practices.

Policy #6: Provisions shall be made to conduct surface water to storm drains or suitable

watercourses to prevent erosion. Drainage devices shall be designed to accommodate increased

runoff resulting from modified soil and surface conditions as a result of development. Water

runoff shall be retained onsite whenever possible to facilitate groundwater recharge.

Policy #7: 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.

Orcutt Community Plan Key Site 30 Site Specific Development Standard

DevStd KS30-3: Runoff from the site shall be directed to the greatest extent feasible to the

regional basin located to the northwest. If a retention basin is located on Key Site 30, it shall be

located in an area of the site lacking sensitive habitat. Peak runoff shall be controlled consistent

with the appropriate County Flood Control District and National Pollution Discharge

Elimination System permits.

Orcutt Community Plan – Geology, Topography and Soils

Policy GEO-O-1: Development shall be sited to avoid geologically hazardous areas.

Policy GEO-O-2: In areas of high erosion potential, development shall be sited and designed to

minimize increased erosion.


DevStd GEO-O-2.1: Consistent with Hillside and Watershed Policy #1, excessive grading for

creation or enhancement of views shall not be permitted. Where new roads and driveways would

require substantial grading, development shall be sited close to existing access roads.

DevStd GEO-O-2.2. Development shall be prohibited on slopes greater than 30% unless this

would prevent reasonable development of a property. In areas of unstable soils, highly erosive

soils or on slopes between 20% and 30% development shall not be allowed, unless an evaluation

by a qualified professional (e.g., soils engineer, geologist, etc.) establishes that the proposed

project will not result in unstable slopes or severe erosion or this would prevent reasonable

development of a property.

DevStd GEO-O-2.3: To aid in erosion control, existing hillside topography, large stands of

trees, and natural flood channels shall be preserved, unless this would prevent reasonable

development of a property.

DevStd GEO-O-2.4: All surface water runoff shall be culverted and diverted to avoid erosion of

exposed slopes and shall be directed to the nearest natural drainage channel. Where such

measures are feasible and would not substantially increase erosion, vegetated earthen channels

should be substituted for culverts. Crib walls or other methods should only be used where

necessary to retain slopes.

DevStd GEO-O-2.6. All landscape plans shall be reviewed by P&D to ensure re-vegetation of

graded areas in areas of sandy soils. Landscape securities shall be required unless expressly

waived by P&D.

Policy GEO-O-3. No grading in excess of 50 cubic yards (combined cut and fill) shall be

permitted within areas designated open space in the Orcutt Community Plan without an

approved Grading Permit. This requirement applies to all grading activity (including activities

otherwise exempted under County Grading Ordinance 3937, Sections 14 6 and 14 8). This

requirement shall not apply to the emergency activities of a public agency, including but not

limited to wildfire and/or flood control.

STAFF ANALYSIS: CONSISTENT. The project proposes to locate future residential units within areas which were previously analyzed for development as a part of the OCP. The geotechnical evaluation for the project site determined that slope stability risks are less than significant. The location of roads and building pads have been sited to avoid steeper slopes to the maximum extent feasible while still providing access to building sites in the proposed project. The proposed project would not include grading to create elevated pads for enhancing and/or creating views. The project site does not contain slopes greater than 30%. Large stands of trees would not be removed as a result of the proposed project. A natural drainage runs through the central portion of the project site. This area would not be developed as a part of the proposed project. As discussed in Section 4.3 Biological Resources of the Final SEIR, Mitigation Measure BIOL-1(d) requires the preparation of a landscape plan, which is subject to the review and approval of


P&D and the North Board of Architectural Review (NBAR). Condition no. 76 requires posting of a landscape security prior to zoning clearance issuance. Earthwork for the proposed project would require approximately 154,000 cubic yards of cut and 23,000 cubic yards of fill. Approximately 119,940 cubic yards of excess material would be exported offsite. The preliminary grading plans for future development within the previously approved MR-O zoned portion of the site estimates approximately 104,620 CY of excess soil that would be exported from the site over three phases of development. The grading associated with proposed storm water detention basin system would total approximately 41,800 cubic yards cut, and 2,850 cubic yards Fill. This grading has been sited and designed to avoid impacts to existing sensitive vegetation to the extent feasible, and would be minimized to the maximum extent feasible. Mitigation measures including onsite restoration for the removal of sensitive native vegetation would be applied to the project. The project proposes the construction of two onsite detention basins in sensitive habitat areas of the identified open space area. However, as noted above, the proposed project would amend OCP Development Standard KS30-2 to allow these basins in the identified open space area located adjacent to proposed development, and would restore impacted habitat in accordance with Mitigation Measure BIOL-1(b) in Section 4.3, Biological Resources of the Final SEIR. Adoption of the proposed amendment would establish consistency with OCP Development Standards KS30-3 and GEO-O-3 upon approval of the required grading permit. The proposed storm water detention basin system would ensure that storm water runoff does not exceed County standards and water quality impacts are minimized to a less than significant level. As discussed in Section 4.7 Hydrology and Water Quality of the Final SEIR, the proposed project would not result in runoff in excess of County standards (0.07 cfs/acre). The proposed detention basin system was determined to adequately control runoff, and thereby minimize erosion. The basin system would maintain post-project runoff equal to or less than pre-project (existing) conditions. In addition, the project would include the use of LID technologies, which would also contribute to minimizing sediment loads and other contaminants. Pollutants, such as chemicals, fuels, lubricants, raw sewage, and other harmful waste, would not be discharged into or alongside coastal streams or wetlands either during or after construction. Mitigation Measure HWQ-1 requires preparation of and adherence to a Storm Water Pollution Prevention Plan (SWPPP), which would include measures for: 1) Minimizing exposed soils, avoiding construction during the rainy season, slope stabilization, and sediment control; 2) Implementation of sediment basins and other pollutant and sediment control methods in the initial stage of construction in order to control sediment runoff; and 3) Stabilization of exposed soils within one week of exposure. As discussed in Section 4.5, Geology/Soils, of the Final EIR, the project site is subject to seismic shaking and soil stability hazards. Adherence to these requirements as well as the incorporation of low impact development (LID) measures implemented on each residential lot, and incorporation of geotechnical study recommendations to reduce soil stability hazards would further require erosion control measures during operation. Therefore, the proposed project is consistent with these Policies and Development Standards.


Land Use Element – Streams and Creeks Policies

Policy #1: All permitted construction and grading within stream corridors shall be carried out in

such a manner as to minimize impacts from increased runoff, sedimentation, biochemical

degradation, or thermal pollution.

STAFF ANALYSIS: CONSISTENT. Proposed development would be located outside of stream corridors. Construction would also be prohibited during the rainy season unless an erosion control plan is in place. No grading is proposed within a stream corridor. Therefore, the proposed project is consistent with this policy.

Land Use Element – Flood Hazard Area

Policy #1: All development, including construction, excavation, and grading, except for flood

control projects and non-structural agricultural uses, shall be prohibited in the floodway unless

off-setting improvements in accordance with federal regulations are provided. If the proposed

development falls within the floodway fringe, development may be permitted, provided creek

setback requirements are met and finished floor elevations are two feet above the projected 100-

year flood elevation, and the other requirements regarding materials and utilities as specified in

the Flood Plain Management Ordinance are in compliance.

Policy #2. Permitted development shall not cause or contribute to flood hazards or lead to

expenditure of public funds for flood control works, i.e., dams, stream channelizations, etc.

Policy #3. All development shall be reviewed in accordance with the requirements of County

Code Chapter 15A-Floodplain Management and 15B-Development Along Watercourses.

Policy #4: The County should revise and review the floodplain improvement projects identified

in the Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan on a regular basis for

progress and necessary revisions.

Orcutt Community Plan – Flooding and Drainage

Policy FLD-O-1. Flood risks in the Orcutt planning area shall be minimized through

appropriate design and land use controls.

DevStd FLD-O-1.2. No structures or other development (except for bridges, culverts and flood

control requirements) shall be allowed within creek channels.

DevStd FLD-O-1.3. No development shall be permitted within the floodplain of Orcutt, Pine

Canyon or Graciosa Creeks unless such development would either be necessary to:

1. Permit reasonable development of the site and would not lead to disturbance or removal of

significant riparian/wetland vegetation; or

2. Accomplish a major public policy goal of the Orcutt Community Plan.


Policy FLD-O-2. Off-site runoff associated with development should be minimized.

DevStd FLD-O-2.1. Pervious construction materials, such as turf block, non-grouted brick, and

gravel, shall be used where feasible.

Policy FLD-O-3: Short-term and long-term erosion associated with development shall be

minimized.

DevStd FLD-O-3.1. Development projects shall incorporate sedimentation traps to minimize the

erosion of soils into natural and manmade flood control drainages, where feasible. All

development adjacent to stream channels shall be required to install check dams as deemed

appropriate by Flood Control and Planning & Development to minimize channel down-cutting

and erosion. To the maximum extent feasible, all such structures shall be designed to avoid

impacts to creek vegetation.

DevStd FLD-O-3.2. Silt fencing, straw bales, sand bags, and sediment basins shall be used in

conjunction with other methods to prevent erosion on slopes and siltation of the stream channel.

STAFF ANALYSIS: CONSISTENT. As discussed in Final EIR Section 4.7, Hydrology and Water

Quality, the Key Site 30 property is located outside of the FEMA designated 100-year and 500-year floodplain and floodway. The proposed project would not result in storm water runoff in excess of County standards (0.07 cfs/acre). The proposed detention basin system was determined to be adequately designed to control storm water runoff, and would minimize off-site sediment loads. County Flood Control has reviewed the proposed project, and where feasible, Low Impact Development measures including pervious construction materials have been included in the project design. The applicant would be required to comply with any conditions of the County Flood Control District. In addition, the proposed project would be required to prepare a Storm Water Pollution Prevention Plan (SWPPP), which would reduce construction related erosion and water quality impacts. The SWPPP is required to implement soil stabilization techniques such as geo-textile materials, gravel bags and sediment basins. The proposed project would not cause or contribute to flood hazards or cause long term erosion hazards. Therefore, the proposed project is consistent with these Policies and Development Standards.

Land Use Element - Visual Resource Policies

Policy 1: All commercial, industrial and planned developments shall be required to submit a

landscaping plan to the County for approval.

Policy 5: Utilities, including television, shall be placed underground in new developments in

accordance with the rules and regulations of the California Public Utilities Commission, except

where cost of undergrounding would be so high as to deny service.


Orcutt Community Plan Key Site 30 Site Specific Development Standards

DevStd KS30-6: Development of the site shall include installation of a minimum 15-foot wide

landscaped buffer along the eastern boundary of the site bordering Bradley Road. The buffer

shall be landscaped with drought-tolerant trees and shrubs with a minimum of one large,

screening tree every 25 feet. Trees shall be planted along Bradley Road, which grow to a

minimum height of 35-50 feet, with a sufficiently large canopy to partially extend over the

roadway.

DevStd KS 30-10: Future residential development shall, at a minimum, include the components

listed below:

1. Roofing and Feature Color and Material. Development shall include darker, earth tone

colors on structure roofing and other on-site features to lessen potential visual contrast between

the structures and the natural visual backdrop of the area, as applicable. Roof materials shall

match the prevailing materials used in the surrounding vicinity in order to preserve, to the extent

feasible, current visual characteristics. Natural-appearing building materials and colors

compatible with surrounding terrain (earth tones and non-reflective paints) shall be used on

exterior surfaces of all structures, including fences.

2. Compatibility with Adjacent Uses. The design and character of the project architecture shall

be compatible with the existing development adjacent to the site, to the extent feasible.

3. Masonry Walls and Sound Walls. All masonry walls including sounds walls, shall provide

color in tones compatible with surrounding terrain, using textured materials or construction

methods that generate a textured effect. Clinging vines and/or native vegetation planting shall

be provided directly adjacent to any walls to soften the visual effect. Vegetation that is planted

along walls adjoining habitable structures shall be consistent with the requirements of an

approved fire/vegetation management plan (refer to measure FH-1(a) in Section 4.6, Fire

Hazards).

DevStd KS30-11: All front, side and rear elevations for all structures visible from public

viewpoints shall incorporate design features that avoid long, unarticulated facades.

DevStd KS30-12: Project entrance monuments that may be provided shall be visually

compatible with surrounding development, shall be consistent with the natural character of the

area, and shall only be illuminated with hooded and downward-directed lighting of the lowest

intensity that provide adequate lighting. Excessive lighting intensity shall not be permitted.

DevStd KS30-13: Signs shall be constructed of high quality materials and are encouraged to

have borders, trim, and be recessed into their frames. Lettering style and colors shall be

consistent with the rural character of Orcutt.


DevStd KS30-14: New lighting shall be oriented away from sensitive uses, and should be

hooded, shielded, and located to direct light pools downward and prevent glare. The following

standards shall also be implemented:

All exterior lighting shall be designed as part of the overall architectural concept.

Fixtures, standards and all exposed accessories shall be harmonious with the building

design, the lighting design and hardware of the public spaces, and the overall visual

environment of the County.

Lighting shall be used for safety and security to illuminate building entrances, parking

and loading areas, and pedestrian walkways.

Light fixtures with exposed light bulbs shall generally be avoided.

All light fixtures shall be shielded or of a type fitted with lenses to confine the cone of

light to the extent feasible.

Lighting sources shall not cast stray light beyond the property line on which they are

installed.

DevStd KS30-15: Finish materials, including glazing, shall be of a low reflectivity to minimize

glare. Development shall include low reflectivity glass, subdued colors for building materials in

high visibility areas, and the use of plant material along the perimeter of the structures to soften

views.

DevStd KS30-16: Streetlights located within the development shall be pedestrian in scale, and

range in height from 12 feet to 25 feet, and shall be architecturally compatible with surrounding

development. Streetlights, where they are included, shall be primarily for pedestrian safety (at

roadway intersections only), and shall not provide widespread illumination. High mast street

lighting shall be shielded and decorative to be compatible with the rural character of Orcutt.

Orcutt Community Plan – Visual

Policy VIS-O-1: Significant scenic and visual natural resources in Orcutt shall be protected in

order to preserve the semi-rural character of the OPA.

DevStd VIS-O-1.1: All development including buildings, under stories, fences, water tanks and

retaining walls adjacent to designated natural open space areas shall be sited and designed to

protect the visual character of these areas and blend in with natural landforms through the use

of such methods as setbacks, building orientation, materials and colors (earth tones and non-

reflective paints), landscape buffers, shielded exterior lighting, screening of parking areas and

inclusion of perimeter roads to allow maintenance of open space corridors.

Policy VIS-O-2: Prominent public view corridors (U.S. 101, State Routes 1 & 135, Clark Ave.,

Santa Maria Way, and Union Valley Parkway) and public view-sheds (Orcutt/Solomon Hills,

Casmalia Hills, and Orcutt Creek) shall be protected.


DevStd VIS-O-2.1: Development shall be sited and designed to minimize the disruption of

important public view corridors and viewsheds through building orientation, minimization of

grading on slopes, landscaping, and minimization of sound walls.

Policy VIS-4: Public and private storm water systems (recharge, retention, and retardation

basins, culverts, channels, etc.) shall be designed and maintained to be visually attractive.

Dev Std VIS-O-4.1: Basins shall be engineered so that perimeter fencing is minimized. Where

required, perimeter fencing shall be unobtrusive (while minimizing interference with wildlife

movement on rural parcels). Perimeter landscaping of basins shall consist of low maintenance

trees, shrubs, turf, etc., and on public basins should be designed to accommodate recreational

uses where appropriate. Landscaping and fencing within the basins should be maintained

through a Landscape-Open Space Maintenance District.

Policy VIS-O-6: Outdoor lighting in Orcutt shall be designed and placed so as to minimize

impacts on neighboring properties and the community in general.

DevStd VIS-O-6.1: Low pressure sodium (LPS) lighting or other alternative methods used for

street lighting, parking lot lighting and security lighting should be investigated by the Public

Works Department to reduce off-site impacts from night lighting.

DevStd VIS-O-6.3. Night lighting fixtures adjacent to residential areas shall be of the minimum

height and intensity required for security/safety.

STAFF ANALYSIS: CONSISTENT. As discussed in Section 4.3, Biological Resource of the Final SEIR, Mitigation Measure BIOL-1(d) requires the preparation of a landscape plan, which is subject to the review of P&D and NBAR, and all utilities would be installed underground.While the proposed project would result in aesthetic impacts to the project site, which is currently undeveloped (refer to Final SEIR Section 4.1, Aesthetics/Visual Resources), the project site is surrounded by existing development on three sides, and is not an identified sensitive view corridor in the OCP. The proposed project includes design guidelines to provide a residential development that is complementary to the surrounding residential community. These guidelines provide site, landscape, and architectural guidance. All front, side and rear elevations for all structures visible from public viewpoints would incorporate design features that avoid long, unarticulated facades. Finish materials, including glazing, would be of a low reflectivity to minimize glare. Development would include low reflectivity glass, subdued colors for building materials in high visibility areas, and the use of plant material along the perimeter of the structures to soften views. Condition of approval no. 39 (Attachment B) requires review and approval by the North Board of Architectural Review prior to zoning clearance issuance for single family residences. Development Standard KS 30-6 requires the installation of a landscaped buffer along Clark Avenue. In order to be consistent with this Development Standard, Condition no. 3 (AES-1


Visual Landscaped Buffer) requires the installation of a 25-foot visual landscaped buffer along the eastern boundary of the site bordering Bradley Road. The buffer shall be vegetated with one large tree (over 25 feet in height at maturity) every 25 feet and drought tolerant ground cover and shrubs on the remaining. The project, as designed, includes the construction of three on-site detention basins. The proposed basins must be provided onsite due to the elimination of the Regional Retention basin program in the recent OCP Amendments. This request is consistent with DevStd OS-O-4.3, which allows the placement of storm water detention basins within the open space area. In order to be consistent with Policy VIS-4, and Development Standard VIS-O-4.1, the proposed detention basins would be unfenced, and planted with primarily native grasses and other vegetation consistent with the existing natural setting and would remain semi-rural in character. As shown in Figure 4.5-1 in Final SEIR Section 4.5, Geology/Soils, the detention basins would not be located in steep areas, thus minimizing visibility. The detention basins would be maintained by the Homeowner’s Association. The proposed project would include night lighting necessary to provide private lighting of residences and street lights as required by the North County Lighting District. As discussed in Final SEIR Section 4.1 Aesthetics/ Visual Resources, adherence to outdoor lighting requirements would be ensured by development of and adherence to proposed architectural and landscaping guidelines intended to reduce visual impacts. In addition, Mitigation Measure Biol-1(c) requires the development of a lighting plan for the entire development that shall reduce light pollution in open space habitat areas, and that is hooded to prevent spill-over onto adjacent parcels. Streetlights located within the development would be pedestrian in scale, and range in height from 12 feet to 25 feet, and would be architecturally compatible with surrounding development. Streetlights, where they are included, would be primarily for pedestrian safety (at roadway intersections only), and would not provide widespread illumination. High mast street lighting would be shielded and decorative to be compatible with the rural character of Orcutt. Review of final landscaping, lighting, and architectural design plans by the NBAR would also ensure compliance with these standards and consistency with DevStd VIS-O-1.1. The proposed project does not include signage. Any future signage, including entrance monuments, associated with the proposed project would be required to comply with these development standards and would be reviewed by the NBAR. The project site is not visible from any of the prominent public view corridors and public view sheds discussed in Policy VIS-O-O2. Prominent public views of the subject parcel are from Bradley Road to the east, and surrounding residences located to the north, south, and west. The existing visual character of the project site is undeveloped and semi-rural. The project site provides a visual relief from surrounding urbanized land. Although development of the site would contribute to a change in visual character compared to existing conditions, development of the project site would be concentrated in the north-eastern, south-eastern, and south-western portions of the site leaving approximately 60% of the subject parcel remaining in undeveloped open space or recreation (multi-use trail). Following development, the subject parcel would


continue to provide visual relief from surrounding urbanized land. In addition, the proposed development would appear as a continuation of existing development which would not constitute a substantial degradation in existing visual character or disrupt an important public view corridor or view shed. Therefore, the proposed project is consistent with these Policies and Development Standards.

Land Use Element – Historical and Archaeological Sites Policies

Policy #1: All available measures, including purchase, tax relief, purchase of development

rights, etc., shall be explored to avoid development on significant historic, prehistoric,

archaeological, and other classes of cultural sites.

Policy #2: When developments are proposed for parcels where archaeological or other cultural

sites are located, project design shall be required which avoids impacts to such cultural sites if

possible.

Policy #3: When sufficient planning flexibility does not permit avoiding construction on

archaeological or other types of cultural sites, adequate mitigation shall be required. Mitigation

shall be designed to accord with guidelines of the State Office of Historic Preservation and the

State of California Native American Heritage Commission.

Policy #4: Off-road vehicle use, unauthorized collection of artifacts, and other activities other

than development which could destroy or damage archaeological or other cultural sites shall be

prohibited.

Policy #5: Native Americans shall be consulted when development proposals are submitted

which impact significant archaeological or cultural sites.

Orcutt Community Plan – History and Archaeology

Policy HA-O-1: Archaeological and historic resources in the Orcutt Planning Area shall be

protected and preserved to the maximum extent possible.

DevStd HA-O-1.1: Development on Key Sites that have not been surveyed by a County-qualified

archaeologist should be surveyed and mitigated in accordance with State and County

archaeological and historic guidelines.

STAFF ANALYSIS: CONSISTENT. There are no known significant archaeological or cultural resources sites on the subject parcel. As discussed in Final SEIR Section 4.4, Cultural

Resources, an archeological survey was performed on the project site which did not identify any archeological and historical resource sites and set forth recommendations for avoidance of significant impacts to any undiscovered resources on the project site. Conditions of approval nos. 19 and 20 requiring monitoring of initial earth disturbance activities by a P&D approved archaeologist, and consultation with a qualified Native American consultant in the event of a


discovery would reduce potential impacts to unknown cultural resources to a less than significant level. There are no known cultural resources present on the project site and the proposed project would have a less than significant impact on archeological and historical resources. Therefore, the proposed project is consistent with these Policies and Development Standard.

Land Use Element – Parks/Recreation Policies

Policy #1: Bikeways shall be provided where appropriate for recreational and commuting use.

Policy #3: Future development of parks should emphasize meeting the needs of local residents.

Policy #4: Opportunities for hiking and equestrian trails should be preserved, improved and

expanded wherever compatible with surrounding uses.


DevStd KS30-4: The developer shall construct a multi-use pedestrian trail which shall enter the

parcel along the eastern perimeter and traverse the parcel along the central drainage area in a

southeast to northwest direction (Figure KS30-1). Additional public trail access to the interior

from Bradley Road shall be provided by the access road. The trail’s entry from Bradley Road

shall be linked to a transit stop, if feasible. Signs shall be placed along this trail informing users

of the biological sensitivity of the surrounding sand dune ecosystem.

Orcutt Community Plan – Parks, Recreation, Trails, and Open Space

Policy PRT-O-1: Diverse passive and active recreational activities shall be developed in Orcutt.

DevStd PRT-O-1.1: To the maximum extent feasible and consistent with applicable law,

development on sites with identified proposed public parks shall dedicate and, where

appropriate, construct such facilities.

Policy PRT-O-2: Development of parks shall be consistent with the community’s existing semi-

rural character and landscaping.

DevStd PRT-O-2.1: Except for active recreation areas and other essential lawn space, park

landscaping should consist of drought tolerant species. Appropriate native plants shall be

utilized along park boundaries adjacent to passive undeveloped open space areas.

Policy PRT-O-3. Regional retention basins shall serve a dual flood control/recreational use

where feasible and appropriate given flood control constraints and appropriate levels of natural

resource protection.


Policy PRT-O-4. The County Park Department and other agencies or groups pursuing

implementation of the trail system shall use the Orcutt Multiple Use Trails Plan and its Trail

Siting and Design Guidelines to guide future trail development and implementation.

DevStd PRT-O-4.1. Planning & Development and the County Park Department shall implement

the Orcutt Multiple Use Trails Plan, including the Trail Siting Guidelines, by requiring, to the

maximum extent feasible, development projects to dedicate, and where appropriate, construct

designated trails. The County shall also pursue other methods to acquire and construct the trail

system, including the use of grants and community volunteers.

DevStd PRT-O-4.2. Development shall comply with the Trail Siting Guidelines as set forth in the

Orcutt Multiple Use Trails Plan.

DevStd PRT-O-4.3. Development on sites with identified trail corridors (Figure 14 in the OCP)

shall include, where appropriate, the construction and assurance of the fitness of designated

trails for two years, at which time the County Park Department would assume maintenance

responsibility. Where immediate construction is not required, a construction bond shall be

required.

DevStd PRT-O-4.4. Trails should cross primary, and where appropriate secondary, roadways at

controlled intersections. Trails located within an urban area may be included within the

sidewalk system where appropriate. Trails in natural undeveloped open space areas, except

Class I bikeways and emergency access routes, shall be limited to 6 feet in width.

Policy OS-O-1. When considering approval of development projects within or adjacent to areas

identified for potential public open space (see Table 21), the County shall review the appropriate

mix of public and/or private open space, and to the maximum extent feasible require dedication

of contiguous areas identified as a priority for public acquisition as public open space based on

the following criteria:

Location within designated open space corridors and proximity of adjacent open space;

The criteria and intent of the PRD zone district; and

Demonstration of rough proportionality between the level of permitted development, its

associated impact, and the open space dedication, consistent with applicable laws.

Policy OS-O-3. Private open space within designated open space corridors shall be sited,

designed, and managed to protect the natural resources and/or recreation potential of these

corridors, consistent with the Open Space, Park, Recreation, & Trails, and Biological Resources

of the OCP.

DevStd OS-O-3-3.1. Where lands within open space corridors remaining private open space, at

the time of discretionary development approval the County should consider acquiring open

space easements or using other mechanisms to ensure management of the natural resources in

these corridors consistent with the goals of the Open Space Plan.


Policy OS-O-4. Development adjacent to, or within designated open space areas, shall be sited

and designed to protect and enhance the natural resources of these areas, and accommodate

appropriate recreation opportunities as identified in the Parks, Recreation and Trails section of

this Plan.

DevStd OS-O-4.1. Prior to approval for any development within or adjacent to an open space

area, a determination must be made that the proposed development is consistent with all

applicable open space policies of the OCP, the OCP Open Space Map, as well as the regulations

of the base zone district.

DevStd OS-O-4.2. Designated open space boundaries may be subject to minor adjustments

inward or outward from the designated open space area on a case-by-case basis in order to

allow for substantial improvements in project design, enhance fire safety buffers and fuel

management zones, to protect visual qualities from and of adjacent open space areas, or to

include biological historic or archaeological sites. The OCP, EIR and other available data shall

be used in determining the location, width, and extent of the open space boundary adjustment.

Decision makers shall make a determination that such a minor boundary adjustment would be

consistent with the overall goals of the Open Space Plan and Biological, History, Archaeology

policies, and would avoid disruption of significant natural resources and recreation

opportunities located within designated open space areas.

DevStd OS-O-4.3. No structures shall be located within a designated open space area with the

exception of: related structures necessary for the provision of active and passive recreation

opportunities that would not adversely affect open space areas, and flood control projects where

no other method for protecting existing structures in the floodplain is feasible and where such

protection is necessary for public safety (including retention basins). Culverts, crossings, roads,

pipelines, fences, and bridges may be permitted when no alternative route or location is feasible,

or where other constraints or site design considerations (e.g. public safety) would require such

structure.

Policy OS-O-5. The County shall encourage public use of trails and recreation facilities within

designated open space areas consistent with protection of natural resources. Such public trails

and recreation facilities shall be sited and designed to reduce conflicts with adjacent private

property through use of unobtrusive fencing, landscape screening, appropriate setbacks,

signage, etc.

Policy OS-O-6: The County should acquire the open space lands prioritized for public

acquisition through dedication by working with property owners and interested groups, or

through purchase. Where dedication is required, the County shall offset fees as required. If

dedication is not required, the County may consider purchase, use of the TDC program or

permitting the property to remain as private open space, consistent with the standards of this

plan for natural resource protection and provision of passive and active recreation

opportunities.


Action OS-O-6.1. On sites being considered for a rezone from rural or more open space uses

(e.g., agriculture, ranchette) or sites receiving substantial increases in density and/or

developable area, the County should delay approval of the rezone to a higher density until the

preferred public open space lands on these sites have either been dedicated to the County or

secured by other mechanism (e.g., development agreement).

DevStd OS-O-7.3. If a Mello Roos District is formed in the Orcutt Planning Area to find

operations and maintenance of parks, recreation, open space and trails, prior to discretionary

project approval of project which impact open space, all applicants in the Planning Area must

agree to either participate in the Mello Roos District, or provide other mitigation of the project’s

impacts on these services and demonstrate that a Home Owners Association will be formed

which will generate adequate revenues to provide long term operations and maintenance of any

private services.

STAFF ANALYSIS: CONSISTENT. The proposed recreationally zoned portion of the property would remain in private open space consistent with the OCP, and would include dedicated, public multi-use trails, a 3.5-acre private passive park, 3 private storm water detention basins, and drainage easements. Each of these components would be developed concurrent with the first phase of the proposed project. Key Site 30 Development Standard KS 30-4 requires the proposed multi-use trail to enter the parcel along the eastern perimeter and traverse the parcel along the central drainage area in a southeast to northwest direction. Additional public trail access to the interior from Bradley Road shall be provided by the access road. The trail’s entry from Bradley Road shall be linked to a transit stop, if feasible. The applicant has requested to re-align a portion of this trail (Bradley Connector Trail (B-1)). The SEIR evaluated a proposal to re-align the trail just inside the northern property line. However, the proposed northern alignment would not provide the high quality recreational experience that was envisioned by the OCP. Therefore, staff recommends an alternate alignment which more closely conforms to OCP Figure 14 by providing a trail which traverses the site from southeast to northwest and contains an internal circular link to future development located on the eastern and western portions of the property (Attachment G). The trail’s entrance from Bradley

Road would follow proposed private roads which would be accessible from transit stops located along Bradley Road. The trail would be passive in nature, would not include paving or fencing, would be expected to blend into the landscape, and would not, therefore, warrant landscape screening. The proposed multi-use trail could be utilized by bicyclists, pedestrians, and possibly equestrians and would connect to existing on road bicycle routes/trails in the Orcutt area by way of South Bradley Road and Cherry Avenue. The multi-use trail would not cross primary or secondary roadways, and would be a maximum of 6 feet in width. The project would be conditioned to ensure that the multi-use trail is completed in accordance with the OCP Trail Siting and Design Guidelines, and avoids the removal of sensitive native vegetation. Adherence to condition no. 32


(Attachment B) requiring recordation of a 15-foot wide public access easement for access to and utilization of the public multi-use trail in the alignment designated in Attachment G of this staff report would ensure Policy consistency. The trail would be installed prior to zoning clearance issuance for the first residential unit, and would be maintained by Parks Division of Housing and Community Development. Since the trail would be installed prior to issuance of the first residential structure, no bond or financial assurance is necessary. The applicant would be required to pay Quimby Act park fees. As stated in the Project Description, the project would be annexed to the Orcutt Community Facilities District 2002-1 prior to map recordation. Condition of approval no. 35 (Attachment B) requires the project to be annexed into the Orcutt Community Facilities District prior to map recordation. The OCP Parks, Recreation, and Trails map (OCP Figure 14) adopted by the Board of Supervisors depicts an approximately 8-acre area in the northwest portion of the site as the future location of a portion of the Proposed Union Valley Park. The identified portion is located outside of the designated open space area, but within the Airport flight approach zone and no-build corridor. One of the proposed detention basins would be located within this area. There has been no additional planning for a public Union Valley Park subsequent to OCP adoption. According to the Parks Division of Housing and Community Development, there are currently no plans to development Union Valley Park. In the event the County proceeds with park development in the future, this portion of the subject parcel could be an integral component. If, in the future, the County plans to develop this park, the County would need to negotiate with the property owner at that time to acquire this portion of the subject parcel. The proposed project identifies 44.3-acres of private open space consistent with the open space area depicted on the OCP Open Space Area map (OCP Figure 16). With the exception of a public multi-use trail, two private onsite storm water detention basins (upon approval of a General Plan Amendment revising Development Standard DevStd KS30-2), and the possible future development of a portion of Union Valley Park in the northwestern 8-acres, the area would be maintained as natural undeveloped open space in perpetuity. Table 21 of the OCP identifies Key Site 30 as a high priority site for public open space, designating 59 acres of the site to “public park/dune scrub, grassland.” P&D and HCD Parks Division staff recommends that no public dedication of the open space is required other than the trail easements. The public benefit of the multi-use trail would not be compromised by the private ownership of the remaining open space. Therefore, no open space easements are necessary to manage natural resources located within the open space area. In order to provide consistency with Orcutt Community Plan Fiscal Policy FSCL-O-2 and Development Standards DevStd FSCL-O-2.2 (new development is required to pay its fair share of the cost of operation and maintenance of public facilities), DevStd FLD-O-4.2(regional retention basins), DevStd OS-O-7.3 (recreation facilities, landscape medians, open space, trails), and DevStd LIB-O-1.4 (library), and to provide revenue for operations and maintenance of such regional public facilities shown in the Orcutt Community Plan Public Infrastructure Finance


Program, the project is conditioned to require the Owner/Applicant to complete annexation to the existing Orcutt Community Facilities District prior to map recordation. As discussed in Final SEIR Section 4.3, Biological Resources, construction of the project would eliminate approximately 9.41 acres of central dune scrub habitat, approximately 4.1 acres of which would be removed for construction of two detention basins within the open space area. However, there is ample area within this open space for on-site restoration, as required by Mitigation Measures BIOL-1(a) and BIOL-1(b). With implementation of these measures, impacts to biological resources would be less than significant. Mitigation Measure BIOL-1(d) requires that a landscape architect be retained to prepare a landscape plan for Key Site 30. This mitigation measure requires the use of drought tolerant, locally native plant species, and applies throughout the site, including areas adjacent to open space. The landscaping plan would be submitted to P&D and the Board of Architectural Review for review and approval prior to final map clearance. Therefore, the proposed project is consistent with these Policies, Actions, and Development Standards.

Orcutt Community Plan – Fire Protection

Policy FIRE-O-2: Fire hazards in Orcutt shall be minimized in order to reduce the cost of/need

for increased fire protection services and to protect the natural resources in undeveloped open

space areas.

DevStd FIRE-2.1: Development within or adjacent to high fire hazard areas should include the

use of fire prevention measures such as perimeter roads, trails, Class A or B roofs, adequate

access to the urban/rural interface and inclusion of structural setbacks per DevStd BIO 1.7.

Fencing within the structural setback shall be comprised of fire-resistant material to minimize

fire hazards.

DevStd FIRE-2.2: The County shall require two routes of ingress and egress for development

unless waived by the Fire Department.

STAFF ANALYSIS: CONSISTENT. The proposed project site is not located within or adjacent to high fire hazard areas. Access for the eastern portion of the site is proposed via two new connections to South Bradley Road, and access to the western portion of the site is proposed via the extension of Cherry Avenue. The Santa Barbara County Fire Department reviewed the proposed project and determined that one point of ingress and egress to access the development in the southwestern portion of the site from Cherry Avenue is acceptable. As discussed in the Final EIR, Section 5.0, Effects Found Not To Be Significant, the proposed project would place structures and people within a mostly developed area, limiting the exposure to fire hazard areas. Therefore, future development at this site is consistent with this policy and development standards.


Orcutt Community Plan – Risk of Upset / Hazardous Materials

Policy RISK-O-1: The County shall minimize the risk to public safety associated with oil and gas

activity.

DevStd RISK-O-1.1: Parcels listed in Table 41 (of the OCP) shall be inspected by County

Petroleum Office personnel to determine the existence of hazardous substances on the property

or immediately abutting properties prior to County acceptance of an application for

development.

DevStd RISK-O-1.2: In the event that past oil activity or potential hazardous substances are

uncovered during grading or construction-related activity, such activity should be suspended

immediately until a Phase II Environmental Site Assessment and appropriate remedial action

has been completed.

DevStd RISK-O-1.3: Development should be sited and designed to include remedial and/or

avoidance measures which may include actions such as setbacks and/or excavation as

determined appropriate by a Phase II study. Any remediation plan shall include requirements

that soil undergoing remediation must be tarped and not placed within the viewshed of the public

or adjacent residents, where feasible.

DevStd RISK-O-1.4: New habitable development shall be setback a minimum 25 feet from

known oil and gas-related pipeline rights-of-way unless a project specific risk assessment

indicates closer development is appropriate.

Policy RISK-O-2: The County shall minimize the risk to public safety associated with airport

operations.

DevStd RISK-O-2.2: Habitable structures should be located outside the flight approach zone for

the Santa Maria Public Airport (SMPA) runway 2-20.

DevStd RISK-O-2.3: Habitable structures shall not be located within the County’s “No Build”

corridor.

Policy RISK-O-3: The County shall minimize the risk to public safety associated with hazardous

materials.

STAFF ANALYSIS: CONSISTENT. An abandoned oil well is located near the center of the property. No structures would be located within 500 feet of the abandoned well. Neither the well nor the associated pipelines are located in an area that would be developed, and given that the well was recently abandoned to current standards, the project is not anticipated to result in any hazard or safety impacts to future residents of the rezone site, who may access the vacant portions of the site. Abandonment of the well was inspected by County Petroleum Office personnel, prior to the submittal of applications for development.


The Santa Maria Airport “No-Build” corridor bisects the site in a northwest to southeast direction. This portion of the site is not suited to residential structural development, and with the exception of three onsite private storm water detention basins would remain in open space. Public safety due to airport operations would be minimized through the development of habitable structures within areas located outside of the airport over flight zone and no-build corridor. Hazardous materials impacts from the proposed project would be less than significant (Class III). Therefore, the proposed project is consistent with these Policies and Development Standards.

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.

Orcutt Community Plan – Noise

Policy NSE-O-1: Development of new noise sensitive uses (as defined in the Noise Element) in

Orcutt should provide attenuation of ambient noise levels for indoor living areas and, where

practical, for outdoor living areas.

DevStd NSE-O-1.1. Noise sensitive land uses should be located outside of the 65 dB(A) CNEL

contours, unless this would prevent reasonable development of a property.

DevStd NSE-O-1.2. Noise sensitive uses proposed in areas exceeding 65 dB(A) CNEL shall be

designed so that exterior living spaces do not exceed 65 dB(A) CNEL and interior noise levels

attributable to exterior sources do not exceed 45 dB(A) CNEL when doors and windows are

closed. Noise insulation construction techniques may include installation of air conditioning for

all units and double-paned windows and wall insulation for all window and wall locations with

lines of sight to the noise source. Building design and construction specifications shall meet the

interior noise standard set forth in California Administrative Code, Title 25, as demonstrated

through an acoustical analysis prior to project approval.

DevStd NSE-O-1.3. Project design shall use a combination of vegetated berms, unit orientation

or other methods to reduce noise affecting interior and exterior living spaces. The developer

should retain a County-approved noise consultant to conduct a study determining the design and

effectiveness of proposed noise reduction measures. Soundwalls shall only be used if alternative

noise reduction measures are ineffective. If found necessary soundwalls shall be decorative

masonry or wood walls planted with fast-growing vines and shrubs.

Policy NSE-O-2. Construction noise in Orcutt shall be minimized during non-standard work

hours.


DevStd NSE-O-2.1. Standard construction working hours (i.e., 8 a.m. to 5 p.m., Monday-Friday)

shall be required for development activities. Flexibility to allow extended hours on weekdays

and/or occasional working hours on Saturdays should be determined on a case-by-case basis.

DevStd NSE-O-2.2. Noise attenuation barriers, muffling of grading equipment and additional

mitigation where deemed appropriate should be required for development where construction

equipment generates noise levels in excess of 95 dB(A).

STAFF ANALYSIS: CONSISTENT. OCP Table 39 lists Key Site 30 as one of the Key Sites affected by 65 dB(A) noise levels. Specifically, future homes located along the eastern property line adjacent to Bradley Road could be exposed to noise levels reaching 65 dB(A). As described in Final SEIR Section 4.9, Noise, the proposed project would result in potentially significant impacts related to exposure of new residences to roadway noise from South Bradley Road. To mitigate these impacts, the project design guidelines require that perimeter walls be installed to reduced exterior noise levels from Bradley Road to below 65 dB(A); that homes along Bradley Road incorporate solid-core doors and double-paned glass to ensure interior noise levels below 45 dBA; and that side yard walls constructed adjacent to streets, be 6 feet in height, and be constructed of architecturally treated slump stone, masonry, stucco, or stone. With the incorporation of these design elements, noise sensitive land uses (single family residences) developed on the subject parcel would not be exposed to noise levels of 65 dBA or higher. In addition, Mitigation Measures N-3(a) and N-3(b) require construction of a sound wall and incorporation of noise minimizing construction techniques. Mitigation Measures N-1(a) limits construction operations to normal work hours (8 a.m. to 5 p.m.), Monday through Friday, and N-1(c) requires noise attenuation of construction equipment and activities. Upon implementation of these measures, exterior noise levels within the proposed project would not exceed 65 dB. Therefore, the proposed project is consistent with these Policies and Development Standards.

Agricultural Element

GOAL I: Santa Barbara County shall assure and enhance the continuation of agriculture as a

major viable production industry in Santa Barbara Country. Agriculture shall be encouraged.

Where conditions allow, (taking into account environmental impacts) expansion and

intensification shall be supported.

Policy IA: The integrity of agricultural operations shall not be violated by recreational or other

non-compatible uses. Imposition of any condition requiring an offer of dedication of a

recreational trail or other recreational easement shall be discretionary (determined on a case-

by-case basis), and in exercising its discretion, the County shall consider the impact of such an

easement upon agricultural production of all lands affected by and adjacent to said trail or other

easement.

1. On lands which are in agricultural production and have a zoning or Comprehensive Plan

designation for agriculture, provisions for recreational trails or other recreational easements

defined in the Comprehensive Plan may be imposed by the County as a condition for a


discretionary permit or land division only in the following circumstances: a. The area in which

the trail is proposed to be located is land which is not under cultivation or being grazed or is not

part of a rotation program, or is not an integral part of the agricultural operations on the

parcel; or,

b. The land use permit requested is not for a use which is compatible with agricultural

production on the property, as defined in the County Agricultural Preserve Uniform Rules. In

this instance, the recreational trail or other recreational use shall be required to be located only

on the portion of the property taken out of agricultural production for the permit; or,

c. The land division requested requires a rezoning of the property to a more intensive zone

district than that applied to the property prior to the application.

2. A recreational trail or other recreational use shall not be required as a condition for a

discretionary permit (except a land division or a rezone which permits a smaller minimum parcel

size than that permitted on the property at the time of the application) on lands which are in

agricultural production and have a zoning or Comprehensive Plan designation for agriculture,

in the following circumstances:

a. The permit requested is for a lot line adjustment or Minor Conditional Use Permit only; or,

b. The discretionary permit requested is compatible with the agricultural use of the land, as

defined in the County Agricultural Preserve Uniform Rules.

3. The following trails shall not be subject to paragraphs 1 and 2 above due to their historic and

recreational significance:

Franklin Trail

Arroyo Burro Trail

Fremont Trail

San Antonio Canyon Trail

4. Where trails are required, they shall be sited to minimize the impacts to prime soils,

agricultural operations, public safety, and environmentally sensitive areas.

GOAL II: Agricultural lands shall be protected from adverse urban influence.

Policy III.B: It is a County priority to retain blocks of productive agriculture within Urban

Areas where reasonable, to continue to explore programs to support that use, and to recognize

the importance of the objectives of the County’s Right to Farm Ordinance.

Orcutt Community Plan – Agricultural & Rural

Policy LUA-O-2: Development in Orcutt shall be compatible with adjacent or nearby

agricultural lands.

DevStd LUA-O-2.1: Fencing, berming and/or landscaping shall be installed along property

lines or across ends of street stubs contiguous to agricultural and/or permitted oil operations

unless a waiver to the satisfaction of Planning & Development is obtained from the adjacent

agriculturist(s) and property owner(s), and/or operators. Fencing, berming and/or landscaping

shall be designed, installed, and maintained to protect agricultural land and permitted oil

operations from effects of residential development.


DevStd LUA-O-2.2: Consistent with the County's adopted Right to Farm Ordinance, a buyer

beware notification shall be recorded on a separate information sheet with the final tract and/or

parcel maps of properties within 1,000 feet of agriculturally zoned land. The notification shall

inform the buyer that: The adjacent property is zoned for agriculture and is located in an area

that has been planned for agricultural uses, including permitted oil development, and that any

inconvenience or discomfort from properly conducted agricultural operations, including

permitted oil development, shall be allowed consistent with the intent of the Right to Farm

Ordinance. For further information, contact Santa Barbara County Planning and Development.

STAFF ANALYSIS: CONSISTENT. The 78-acre agriculturally zone parcel would be re-zoned to residential and recreational zone districts consistent with the adopted OCP. The subject parcel is currently and has been historically utilized for cattle grazing purposes; no agricultural cultivation is known to have occurred on site. The land is fallow, contains no cultivated agriculture, no prime soils, and is not enrolled in the Agricultural Preserve Program. The subject parcel is surrounded by parcels zoned residential, and is within the urban area of Orcutt. The Key Site 30 property is not located within 1,000 feet of any parcels zoned for agricultural use. The OCP Findings and Statement of Overriding Considerations specifically envision and address the rezoning of the Key Site 30 parcel from agriculture to residential and open space. Therefore the proposed project is consistent with this policy.

Circulation Element

ROADWAY STANDARDS:

a. A project that would contribute ADTs to a roadway where the Estimated Future Volume does

not exceed the policy capacity would be considered consistent with this section of this Element.

b. For roadways where the Estimated Future Volume exceeds the policy capacity but does not

exceed the Acceptable Capacity, a project would be considered consistent with this section of

this Element only if the number of ADTs contributed by the project to the roadway was less than

or equal to 2 percent of the remaining capacity of that roadway or 40 ADT, whichever is greater.

c. For roadways where the Estimated Future Volume exceeds the acceptable capacity but does

not exceed Design Capacity, a project would be considered consistent with this section of this

Element only if the number of ADTs contributed by the project to the roadway does not exceed

25 ADT.

d. For roadways where the Estimated Future Volume exceeds the design capacity, a project

would be consistent with this section of this Element only if the number of ADTs contributed by

the project to the roadway does not exceed 10 ADT.

Intersection Standards:

1. Projects contributing PHTs (peak hour trips) to intersections that operate at an Estimated Future

Level of Service that is better than LOS C shall be found consistent with this section of this Element

unless the project results in a change in V/C (volume/capacity) ratio greater than 0.20 for an

intersection operating at LOS A or 0.15 for an intersection operating at LOS B.


2. For intersections operating at an Estimated Future Level of Service that is less than or equal to

LOS "C", a project must meet the following criteria in order to be found consistent with this section

of this Element.

For intersections operating at an Estimated Future Level of Service C, no project must result in

a change of V/C ratio greater than 0.10.

For intersections operating at an estimated future Level of Service D, no project shall contribute

15 or more Peak Hour Trips.

For intersections operating at an Estimated Future level of Service E, no project shall contribute

10 or more Peak Hour Trips.

For intersections operating at an Estimated Future Level of Service F, no project shall

contribute 5 or more Peak Hour Trips.

3. Where a project's traffic contribution does not result in a measurable change in the V/C ratio at

an intersection but does result in a finding of inconsistency with Intersection Standard 2 above,

intersection improvements that are acceptable to the Public Works Department shall be required in

order to make a finding of consistency with these intersection standards. A measurable change in

V/C ratio shall be defined as a change greater than or equal to 0.01. (amended by 93-GP-12)

4. Where a project's traffic contribution does result in a measurable change in V/C ratio and also

results in a finding of inconsistency with Intersection Standards 1 or 2, above, intersection

improvements that are sufficient to fully offset

the change in V/C ratio associated with the project shall be required in order to make a finding of

consistency with these intersection standards. (amended by 93-GP-12)

5. The above intersection standards shall also apply to all projects which generate Peak Hour

Trips to intersections within incorporated cities that are operating at levels of service worse than

those permitted by the City's Circulation Element.

A) The roadway classifications, intersection levels of service, and capacity levels adopted in this

Element shall apply to all roadways and intersections within the unincorporated area of the

County, with the exception of those roadways and intersections located within an area included

in an adopted community or area plan. Roadway classifications, intersection levels of service,

and capacity levels adopted as part of any community or area plan subsequent to the adoption of

this Element shall supersede any standards included as part of this Element.

C) The County shall continue to develop programs that encourage the use of alternative modes

of transportation, including, but not limited to, an updated bicycle route plan, park and ride

facilities, and transportation demand management ordinances.

E) A determination of project consistency with the standards and policies of this Element shall

constitute a determination of project consistency with the Land Use Element’s Land Use

Development Policy #4 with regard to roadway and intersection capacity.


DevStd KS30-5: Access to the northeastern portion of the site shall be limited to one intersection

along Bradley Road which shall be aligned with Village Drive. Access to the southwest portion

of the site shall be limited to Cherry Avenue.


Orcutt Community Plan – Transportation

Policy CIRC-O-1. The County shall adopt and implement an Orcutt Transportation

Improvement Plan (OTIP) which includes long-term improvements to roadways and alternative

transportation facilities targeted to provide for acceptable levels of service on roadways and

intersections within the planning area. The OTIP shall be an integrated Plan for capital

improvements of roads and intersections as well as alternative transportation facilities. The

OTIP shall contain a list of transportation projects to be undertaken and include projected costs

for each funded and unfunded improvement. The County shall also revise the Transportation

Impact Fee based upon the projected cost of transportation system improvements identified in

the OTIP.

Policy CIRC-O-2. The County shall strive to provide an efficient and safe circulation system to

accommodate future growth in Orcutt. The County will use its best efforts to coordinate the

timing of roadway, intersection and other transportation improvements with the completion of

the development projects that the improvements are intended to serve.

Policy CIRC-O-3. The County shall maintain a minimum Level of Service (LOS) C or better on

roadways and intersections within the Orcutt Planning Area, except that minimum Level of

Service for the Foster Road/Hwy 135 and Lakeview/Skyway Dr. intersections and Stillwell and

Lakeview Roads shall be LOS D.

Policy CIRC-O-4. A determination of project consistency with the standards and policies of the

Orcutt Community Plan Circulation Section shall constitute a determination of consistency with

LUDP#4 with regard to roadway and intersection capacity.

Policy CIRC-O-6. The County shall encourage development of all feasible forms of alternative

transportation in the Orcutt/Santa Maria area.

Policy CIRC-O-8. The County shall ensure that the circulation system maintains the quality of

life within residential neighborhoods in the Orcutt Planning Area to the greatest extent feasible.

Policy CIRC-O-9. Development shall be sited and designated to provide maximum access to

non-motor vehicle forms of transportation, including well designed walkways, paths and trails

between residential development and adjacent and nearby commercial uses and employment

centers, where feasible.

Policy CIRC-O-10: If it is determined that a project may cause significant traffic impacts which

generate the need for offsite traffic improvements that are not identified in the then current

OTIP, the County shall condition any approval of the project to ensure that those improvements

are funded and completed before issuance of final inspection.

Policy CIRC-O-11: Developers should be encouraged to pursue innovative measures to fully

mitigate transportation impacts associated with their projects.


STAFF ANALYSIS: CONSISTENT. The proposed project includes two access points from Bradley Road, and one access point from Cherry Avenue. In conformance with Key Site 30 Development Standard KS30-5, access to the northeastern portion of the property would be provided by a new driveway from Bradley Road, aligned with Village Drive. Access to the southwestern portion of the site would be limited to a single ingress/egress from Cherry Avenue. As discussed in the Final SEIR, Section 4.10, Transportation and Circulation, implementation of the proposed project would result in less than significant project-specific and cumulative impacts to area intersections. Intersections would remain at acceptable levels of service. Development of the proposed project would not adversely affect any offsite bike routes or park and ride facilities. The proposed project would include a public multi-use trail that would connect to existing bicycling infrastructure in the Orcutt area by way of South Bradley Road and Cherry Avenue. Provisions for increased use of transit and other alternative transportation options is also provided through the implementation of OCP EIR Mitigation Measures AQ-3, AQ-4, and AQ-5, as discussed in Final SEIR Section 4.2, Air Quality. In addition, the project applicant would be required to pay transportation impact fees in accordance with the Orcutt Transportation Improvement Plan (OTIP). These improvements or fees would contribute to long-term improvements to maintain acceptable levels of service. Therefore, the proposed project is consistent with these Policies and Roadway Standards.

Housing Element

Policy 1.1. Promote new housing opportunities adjacent to employment centers, and the

revitalization of existing housing to meet the needs of all economic segments of the community,

including extremely low income households, while bolstering the County’s rural heritage and

supporting each unincorporated community’s unique character.

Policy 2.1. Encourage housing that meets the requirements of special needs households, as

identified per State law, and promotes housing diversity (i.e., size, type, tenure, location, and

affordability levels).

Policy 3.1. Promote equal housing opportunities for all persons in all housing types (ownership

and rental, market-rate and assisted).

STAFF ANALYSIS: CONSISTENT. The proposed project would result in the development of 69 new single family dwellings. The project site is within an urban area as designated in the Orcutt Community Plan and is therefore in relatively close proximity to employment centers, shopping opportunities, and local and regional transit facilities. These residences would be required to meet applicable State standards related to special needs access. In addition, a maximum of 212 multi-family residences could be developed on the property as part of the previously approved MR-O re-zoning, which would promote housing diversity in the area. The applicant has elected to pay in-lieu fees rather than construct affordable housing on the subject parcel. According to Chapter 5 of the adopted 2009-2014 Housing Element, in lieu fees collected by the County


would be utilized for the express purpose of providing new, and preserving existing, affordable housing opportunities. Therefore, the proposed project is consistent with these policies.

Orcutt Community Plan – Residential

Policy LUR-O-1. Consistent with the Housing Element, the County shall encourage the

provision of a mix of affordable units on parcels within the Orcutt Planning Area.

Policy LUR-O-2. Future growth and development shall occur in a manner which minimizes

construction related impacts on the community.

Policy LUR-O-6. In order to provide community cohesiveness, new neighborhoods should be

designed to provide circulation, pedestrian, bicycle and public transportation linkage to existing

neighborhoods, schools, parks, and commercial areas.

Policy LUR-O-7: County planning and maintenance efforts shall support development of safe,

clean residential areas.

STAFF ANALYSIS: CONSISTENT. Key Site 30 is one of the sites within the Orcutt Planning Area that has been identified to accommodate future development to meet the County’s Regional Housing Needs Association (RHNA) requirements. A portion of the site (the MR-O zoned portion) was previously designated for multi-family development, and the development proposed in this project would be adjacent to the MR-O area and would include a mix of residential densities. Implementation of standard dust and emissions control measures required by the SBCAPCD would ensure that construction-related air quality impacts are less than significant. Other construction-related impacts would be reduced to less than significant levels with implementation of Mitigation Measures BIOL-2(a) through BIOL-2(c), HWQ-1, N-1(a) through N-1(c), and T-1. The proposed project includes 47.8 acres of REC-zoned land, which includes private open space, a private park, and a public multi-use trail. Future residents of the proposed project would access existing pedestrian, bicycle, and public transportation linkages. The development would connect with the area circulation network and would provide access to needed services such as schools, parks, and commercial areas. CC&Rs would be developed and would contain requirements for maintenance of private residential lots and common recreational and open space areas. Therefore, the proposed project is consistent with these Policies.


DevStd KS-30-2: No uses or development shall be allowed in sensitive habitat areas within the

open space area as shown on Figure KS30-1, with the exception of a multi-use trail. Low

intensity recreational uses that don’t involve extensive changes to the natural terrain or


vegetation (such as passive parks, riding stables and trails, but not golf courses, swim clubs,

etc.) may be allowed in the remainder of the open space areas. All such recreation facilities shall

be sited and designed to avoid removal of dune scrub vegetation to the maximum extent feasible.

Orcutt Community Plan – Biological Resources

Policy BIO-O-1: Important natural resources in Orcutt, including sandhill chaparral, central

dune scrub, wetlands, oak trees and woodland, Bishop pine forest, specimen trees, and central

sage scrub shall be protected, consistent with the Open Space Plan and the standards below,

unless this would prevent reasonable development of a property.

DevStd BIO-O-1.1: Development shall be sited and designed to avoid disruption and

fragmentation of significant natural resources within and adjacent to designated undeveloped

natural open space areas, minimize removal of significant native vegetation and trees, preserve

wildlife corridors and provide reasonable levels of habitat restoration. Where possible,

significant natural resources, such as specimen trees, adjacent to designated, natural

undeveloped open space corridors should be preserved.

DevStd BIO-O-1.2: Development within or adjacent to designated natural open space areas

shall be reviewed for, and required to implement, habitat restoration where site- specific impacts

require restoration. If restoration on or near the site is not feasible, acquisition and preservation

of additional habitat acreage should be considered, as a last resort if no other like-kind habitat

mitigation options are available, payment into a mitigation bank program within the OPA that is

acceptable to the County as provided for by new DevStd BIO-O-1.8. Mitigation and restoration

plans should identify acreage impacted, replacement ratios, success criteria, remedial measures,

and funding and responsibility for long-term maintenance and monitoring. All such restoration

projects shall utilize native plants derived from local (Orcutt) seed and cutting stock, or as

deemed biologically acceptable by a County qualified biologist. Wildlife relocation should be

avoided. However, any wildlife relocation should be coordinated with Fish and Game and be

consistent with applicable State standards.

DevStd BIO-O-1.3: Landscaping for development on the edge of designated natural

undeveloped open space areas shall include native trees and shrubs, with habitat restoration

efforts focused on buffers. Planting of highly invasive weedy plants (e.g., iceplant. pampas grass,

veldt grass, monterey pine, eucalyptus, spiny clotbur, and Australian fireweed) shall be

prohibited within 500 feet of natural undeveloped open space areas as designated on the Open

Space map (Figure 20).

DevStd BIO-O-1.8: Where new development eliminates important onsite habitat (e.g. coastal

sage scrub, grasslands, riparian habitat and wetlands), County shall require development to

restore or enhance like-kind habitat either onsite or offsite. If restoration sites are limited or

unavailable, County shall require payment of adequate fees into a mitigation bank program

acceptable to County to permanently protect a comparable or greater amount of created or

restored habitat elsewhere within the OPA.


DevStd BIO-O-1.5: The edges of designated undeveloped natural open space areas shall be

clearly delineated and fenced where necessary to protect resources both during construction

and, when appropriate, over the life of the project. Long term fencing shall be designed to

accommodate wildlife passage where appropriate.

Policy BIO-O-2: Consistent with necessary flood control practices, natural stream channels and

riparian vegetation in Orcutt shall be maintained in an undisturbed state in order to protect

banks from erosion, enhance wildlife passageways, and provide natural greenbelts, unless this

would prevent reasonable development of a property.

Policy BIO-O-3: Established native trees in designated open space areas shall be protected.

Established native trees in developable areas shall be incorporated into the site landscaping

plan to the greatest degree feasible except where it would interfere with reasonable development

of a property. Native trees shall be considered established if they are six feet in height.

Policy BIO-O-4: Non-native trees (e.g., eucalyptus groves and windrows) that provide known

raptor nesting or key roosting sites shall be protected; non-native specimen trees shall be

protected to the greatest degree feasible except where it would interfere with reasonable

development of a property. Non-native trees of less than 25 inches in diameter at breast height

do not qualify as specimens for this Policy.

DevStd BIO-O-4.1: Where non-native specimen trees are removed for development the County

should consider replacement with native trees.

Policy BIO-O-5: New facilities in Orcutt, including roads, bikepaths/trails, sewer lines and

retention basins, shall to the maximum extent feasible be sited and designed to avoid disruption

of significant natural resources within designated natural undeveloped open space areas,

minimize removal of significant native vegetation and trees and provide for reasonable levels of

habitat restoration for significant habitats disrupted by construction.

DevStd BIO-O-5.1: Road construction shall minimize filling within creeks, stream corridors and

wetlands and avoid or minimize removal of riparian vegetation. To the maximum extent feasible,

bridges (rather than culverts) shall be required over all major creeks and wildlife corridors.

Such bridges shall be designed to facilitate wildlife passage by providing at least 6 feet of

vertical clearance and locate support structures outside of creekbanks, if feasible. Crossings of

tributaries and drainages should use bridges if a bridge would avoid or substantially reduce

impacts to sensitive habitat and sediment buildup. Road projects should also preserve the

hydrologic connectivity between wetlands, and between wetlands and upland areas.

DevStd BIO-O-5.2: In designated open space areas, roadway segments (e.g., Union Valley

Parkway and E Street) shall be designed in consultation with P&D, the Park Department, and

appropriate federal and state agencies to allow wildlife passage through provision of

appropriately placed bridges and/or culverts, and shall prohibit all night lighting in designated

open space corridors except as necessary for public safety (e.g.. intersections, trailheads or


crossings). Light “spill over” should be minimized by directing lighting away from the open

space area, the use of hoods, and landscape screening (with native species) along the road.

DevStd BIO-O-5.3: Multi-use trail construction should avoid removal of riparian vegetation to

the maximum extent feasible. The Orcutt Creek multi-use trail shall be set back a minimum of 50

feet from the outside edge of riparian vegetation or the top-of-bank (whichever is further), unless

this would make the multi-use trail link infeasible. Trail construction shall include riparian

restoration between the edge of existing native vegetation and the bicycle path. Trail lighting

should be directed away from the creek.

DevStd BIO-O-5.4: Trails should follow existing dirt road and trail alignments and utilize

existing bridges where feasible. Where this is not possible, prior to final trail alignment

proposed trail routes should be surveyed and rerouted where necessary to avoid sensitive

species, subject to final approval by P&D) and the Park Department. All trails shall be sited and

designed to avoid or minimize impacts to sensitive resources, areas of steep slopes and/or highly

erosive/sandy soils, where feasible. Developers shall find sign installation along certain trails

(as identified in the Multi Use Trail Guidelines) providing educational and interpretive

information and advising dog owners to keep their dogs out of sensitive habitats.

DevStd BIO-O-5.6: Excavated fill for retention basin construction shall not be placed within

important natural resource areas. Areas adjacent to or within habitats which are disturbed

during construction shall be revegetated with appropriate native species. All sensitive habitat

areas adjacent to proposed detention basins shall be fenced before grading begins to prevent

disturbance and stockpiling in these areas.

STAFF ANALYSIS: CONSISTENT. The Key Site 30 property is undeveloped and contains a variety of vegetation consisting primarily of Central Dune Scrub, Annual Brome Grasslands, and non-native ruderal vegetation. The proposed project would not be located within any natural stream channels or riparian vegetation areas. No riparian vegetation is located on the subject parcel. The proposed project would not locate any roadways within designated open space. Mitigation Measure BIOL-1(c) requires the preparation of a lighting plan for the entire development that reduces light pollution in open space habitat areas. With implementation of this measure, impacts would be reduced to a less than significant level (Class II). Mitigation Measure BIOL-1(d) requires preparation of a landscaping plan, including the use of drought tolerant, locally native plant species. Planting of highly invasive weedy plants (e.g., iceplant. pampas grass, veldt grass, monterey pine, eucalyptus, spiny clotbur, and Australian fireweed) is not proposed. Mitigation Measure BIOL-4(c) outlines requirements for legless lizard and horned lizard relocation, which would be conducted in accordance with Fish and Game standards. Mitigation Measures BIOL-2(a) and BIOL-4(f) require the use of construction best management practices, including appropriate installation of protective fencing during construction activities. Three ornamental trees would be removed for the proposed development. These include one eucalyptus and two Monterey pines. Monterey pines are considered a sensitive species; however,


this status applies only to individuals within the native range of this species and not to ornamental trees located outside of the native range. The project site is located outside of the native range for Monterey pines. The proposed project would not result in the removal of native trees. Mitigation Measure BIOL-4(a) requires nesting bird protection in accordance with the Migratory Bird Treaty Act. The proposed project would require a General Plan Amendment to amend OCP Development Standard KS30-2 to develop two storm water detention basins within sensitive habitat areas located within the open space area on the eastern portion of the site. The location of the basins onsite is required due to the elimination of the Regional Retention Basin program as initially adopted in the OCP. The OCP assumed one detention basin would be constructed and set a development standard (DevStd KS30-2) requiring that detention basin to be placed in areas lacking sensitive habitat. The proposed project requires three detention basins, two of which would result in impacts to central dune scrub habitat. As discussed in Final SEIR Section 4.3, Biological Resources, construction of the proposed project would eliminate approximately 9.41 acres of central dune scrub habitat, partially due to the construction of two detention basins within central dune scrub habitat area. Relocating these detention basins within areas previously analyzed by the OCP for future residential development would result in marginally reduced impacts, as compared to both the proposed project and to the original alternatives analyzed in the COP EIR, and would not eliminate any of the significant and unavoidable (Class 1) impacts as compared to the proposed project. In addition, the project would be conditioned to not allow the placement of fill material within open space areas or within natural resource areas. With implementation of Mitigation Measures BIOL-1(a) and BIOL-1(b), which would require avoidance of this habitat where feasible, and restoration of the impacted habitat with native plant species at a minimum ratio of 2:1 on-site, impacts to this habitat type would be minimized and would be less than significant (Class II). With approval of the proposed amendment to Development Standard KS30-2 allowing the proposed detention basins to be located within open space and sensitive habitat areas, the project is consistent with this development standard. Figure 14 in the OCP depicts two trails crossing Key Site 30: 1) Trail B-1, which generally travels from the northwest corner of the site to the southeast corner; and 2) Trail B-2, which connects the northeast corner of the site with the center of B-1. These trails generally follow existing trail alignments (cattle trails) on the subject parcel. The SEIR evaluated a proposal to re-align this trail just inside the northern property line. However, staff recommends an alternate alignment which more closely conforms to OCP Figure 14 by providing a trail which traverses the site from southeast to northwest and contains an internal circular link to future development located on the eastern and western portions of the property. In accordance with Policy BIO-O-5, the proposed multi-use trail would be designed and constructed to avoid impacts to sensitive native vegetation including central dune scrub habitat. In accordance with Mitigation KS30-BIO-4, interpretive signage would be placed along the trails with information about sensitive habitat on-site. Therefore, the project is consistent with these Policies and Development Standards.


Orcutt Community Plan – Air Quality

Policy AQ-O-1: The County shall encourage land use planning and development design which

reduces air pollution through development of transportation infrastructure supportive of

alternative modes of transportation and pedestrian oriented developments.

Policy AQ-O-2: Significant fugitive dust and PM10 emissions shall be reduced through

implementation of appropriate construction restrictions and control measures, consistent with

standards adopted by the Board.

Policy AQ-O-3: The County should promote the use of alternative fuels, solar energy systems,

and the use of construction techniques which are designed to conserve energy and minimize

pollution in Orcutt, consistent with, but not limited to the provisions of the CA Building Code.

STAFF ANALYSIS: CONSISTENT. Development of the proposed project would not adversely affect any offsite bike routes or park and ride facilities. The proposed project would include a public multi-use trail, and would connect to existing bicycling infrastructure in the Orcutt area by way of South Bradley Road and Cherry Avenue. The proposed project would be conditioned to implement standard dust and emissions control measures required by the SBCAPCD. This would ensure that construction-related air quality impacts are less than significant. Orcutt Community Plan Mitigation Measure AQ-11 requires implementation of energy conservation measures, including but not limited to; use of colored roofing, energy-efficient built-in appliances, lighting and temperature controls and window treatments, low NOx or solar water and pool heaters, landscape with drought-tolerant plants, building design orientation to maximize natural lighting and passive solar heating and cooling and low-emission building materials such as water-based paints, and bricks, stone or concrete (instead of asphalt) for parking lots. The proposed project incorporates a number of these measures. Therefore, the proposed project is consistent with these Policies.

Orcutt Community Plan – Fiscal Policies and Development Standards

Policy-FSCL-O.2: The County shall strive to ensure that funding is available for the operation

and maintenance of public facilities in the community of Orcutt.

Policy – FSCL-O.3: Where appropriate the County shall consider a reduction in fees based

upon land dedication and developer construction of public facilities and improvements.

Devstd-FSCL-O-2.2: All development should be required to pay its fair share of the cost of

operation and maintenance of public facilities.

Devstd-FSCL-O-2.3: Any development approved after community plan adoption and prior to

completion of the Public Infrastructure Financing Program shall be required to participate in

maintenance funding mechanisms adopted as part of that program, and must agree to pay those

on-going fees before issuance of Building Permits.


STAFF ANALYSIS: CONSISTENT. The project conditions of approval would ensure that the project pays all applicable development impact mitigation fees, including Orcutt area fees and annexes into the North County Lighting District and County Services Area 5. Payment of the Orcutt area fees, and annexation into the existing CFD would ensure that funding is available for the operation and maintenance of public facilities in the community of Orcutt. Policy – FSCL-O.3 provides for fee reductions based on land dedication and developer construction of public improvements. The public improvements associated with the proposed project consist of the development of a public multi-use trail. The proposed project would result in the development of 69 single family dwellings onsite, an increase of 68 units over the single dwelling unit maximum under existing zoning. Based on this increase, HCD Parks Division does not support a reduction in parks fees. With the inclusion of project conditions of approval, the project is consistent with these policies and development standards.

6.3 Zoning: Land Use and Development Code Compliance

6.3.1 Compliance with Land Use and Development Code Requirements The subject parcel is zoned AG-I-40 and MR-O under the Land Use Development Code. The applicant is requesting to change the zoning from AG-I-40 to Small Lot Planned Development (SLP), Recreational (REC), and Residential (8-R-1, 10-R-1). As indicated in Section 5.3 of this staff report, the project is in compliance with LUDC requirements for the 8-R-1, 10-R-1, SLP, and REC zone districts. The following discussion addresses specific LUDC requirements not included in Section 5.3: LUDC Section 35.23.020.H. The SLP zone is applied to areas appropriate for increased opportunities for affordable housing, and establishes standards for the development of individual small lots for single family homes. The intent of this zone is to: 1. Provide housing opportunities which meet the needs of the community, including housing

for low, moderate, and middle income households, families with children, senior citizens, and other identified households in need; and

2. Ensure a safe and attractive residential environment by promoting high standards of site

planning, architecture, and landscaping for small lot planned development. The proposed project would construct a total of 18 residential units within the SLP zone district. The SLP zone district would be appropriate for the site as it requires 15% of the site to remain in open space, allows for housing opportunities which meet the needs of the community, and ensures a safe and attractive residential environment by promoting high standards of site planning, architecture, and landscaping. Examples of subdivisions within the Orcutt Community Planning area that are zoned SLP include Stonegate Ranch and Sandy Creek Estates. Rather than construct affordable units onsite to serve low income households, the applicant has elected to pay in-lieu fees to the County. The fees would be utilized for the express purpose of providing new and preserving existing affordable housing opportunities in the County.


LUDC Section 35.23.020.C. The R-1 and E-1 zones are applied to areas appropriately located for single family living at a reasonable range of population densities, consistent with sound standards of public health, safety, and welfare. This zone is intended to protect the residential characteristics of an area and to promote a suitable environment for family life. The proposed project would construct a total of 41 residential units within the proposed 8-R-1 zone district, and 10 residential units within the proposed 10-R-1 zone district. The R-1 zone district would be appropriate for the site as it would provide a reasonable range of population densities in the project site area and is consistent with the adjacent zoning surrounding the subject parcel. LUDC Section 35.26.020.E. The REC zone is applied to provide public or private open space areas appropriate for various forms of outdoor recreation. The intent is to encourage outdoor recreational uses that will protect and enhance areas with the potential to accommodate both active and passive recreation because of their beauty and natural features. Proposed recreational uses should compliment and be appropriate to the area because of the natural features. The proposed project would rezone a total of 47.8-acres (including a 3.5-acre passive private recreational park) to Recreation (REC). The REC zone district would be appropriate for the site as it would provide private open space and public trail opportunities. The types of uses allowed within this area would continue to protect onsite sensitive native vegetation and natural features. All residential development would be limited to the proposed development envelopes, which provide for substantial separation between residential units and surrounding development.

6.4 Design Review

The proposed project received Conceptual Review by the North Board of Architectural Review (NBAR) on January 11, 2008. At this meeting, the NBAR made the following comments:

Design guidelines have pros and cons which don’t guarantee good quality results.

BAR approval for individual lots and buildings would be preferable.

Brownstone design is modern-industrial and needs work. Style may not work in the context of the rest of the project and surrounding neighborhood which are non-traditional.

Design for protection from prevailing winds. Following approval by the Board of Supervisors, the project would return to the NBAR for preliminary and final review and approval.


6.5 SB 18 Consultation

On December 11, 2012, Planning and Development initiated consultation with local Native American Groups in compliance with SB 18 requirements. Letters were sent to the Santa Ynez Band of Chumash Indians and the Coastal Band of the Chumash Nation. No requests for consultation were received by the March 18, 2013 deadline.

6.6 Development Impact Mitigation Fees

A series of ordinances and resolutions adopted by the County Board of Supervisors require the payment various development impact mitigation fees. This project is subject to the fees as shown in the following table. The amounts shown are estimates only. The actual amounts will be calculated in accordance with the fee resolutions in effect when the fees are paid. The developer of a project that is required to pay development impact mitigation fees may appeal to the Board of Supervisors for a reduction, adjustment or waiver of any of those fees based on the absence of a reasonable relationship between the impacts of the proposed project and the fee category for which fees have been assessed. The appeal must be in writing and must state the factual basis on which the particular fee or fees should be reduced, adjusted or waived. The appeal must be submitted to the director(s) of the relevant departments within 15 calendar days following the determination of the fee amount(s). For a discretionary project, the date of determination of fee amounts is the date on which the decision-maker adopts the conditions of approval and approves the project.

Estimated Orcutt Development Plan Impact Mitigation Fees

Fee Program Base Fee (per unit or

1,000 sf)

Estimated

Fee Fee due at

Recreation (Parks) Quimby Develop. Mitigation

$4,131.00/unit X 69 units $4,029.00/unit X 69 units

$285,039.00 $278,001.00

Land Use Clearance for buildings Final Building Inspection

Transportation Roadway Bikeways Landscape Medians

69 units x $3,487.00/unit + (69 units x ($364.00 landscape median fee + $315 bikeway fee))

$287,454

Map Recordation

Fire Orcutt Area

$809.00/unit X 69 units

$55,821.00

Final Inspection

Library $729.00/unit X 69 units $50,301.00 Final Inspection

Public Administration $407.00/unit X 69 units $28,083.00 Final Inspection

Sheriff $288.00/unit X 69 units $19,872.00 Final Inspection


7.0 APPEALS PROCEDURE The recommendation of the Planning Commission will be sent to the Board of Supervisors. Pursuant to Government Code Sections 65354.5 and 65856, any interested party may file a written request with the Clerk of the Board for a hearing by the Board of Supervisors within five days after the Planning Commission acts on the proposed general plan amendment and zoning map amendment. Whether or not a written request is filed, a public hearing before the Board of Supervisors will be conducted.

ATTACHMENTS A. Findings B. Conditions of Approval with attached Departmental letters C. Final SEIR Executive Summary D. Comprehensive Plan Amendment Draft Resolution E. Rezone Draft Resolution and Ordinance F. APN Page G. Proposed Re-Alignment of Public Multi-Use Trail, B-1, Bradley Connector H. Project Plans I. Final SEIR (Planning Commission only). The Final SEIR is located online at the P&D

website: http:// www.sbcountyplanning.org/projects/05GPA-00006/FSEIR.cfm

SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for: Orcutt

Documents