arnoldi residence coastal planned ......2020/08/13 · ventura county coastal area plan (figure...

ARNOLDI RESIDENCECOASTAL PLANNED DEVELOPMENT (PD) PERMIT

CASE NO. PL18-0020

A. PROJECT INFORMATION

1. Request: The Applicant requests approval of a Coastal PD Permit for theconstruction of a new single-family dwelling with attached garage, detachedaccessory dwelling unit (ADU), swimming pool and spa, and two detached opengazebos (Case No. PL18-0020).

2. Applicant/Property Owner: Charles and Katie Arnoldi, 721 Hampton Drive,Venice, CA 90291 (“Applicant”)

3. Applicant Representative: Stephen Montoya, Santos Planning and Permitting,29800 Agoura Road, Suite 207, Agoura Hills, CA 91301

4. Decision-Making Authority: Pursuant to the Ventura County CZO (Section8174-5 and Section 8181-3 et seq.), the Planning Director is the decision-makerfor the requested Coastal PD Permit.

5. Project Site Size, Location, and Parcel Number: The 18.94-acre property islocated at 9522 Cotharin Road, in Malibu, in the Santa Monica Mountains withinthe unincorporated area of Ventura County. The Tax Assessor’s parcel number(APN) for the property that comprise the project site is 700-0-140-235 (Exhibit 2).

6. Project Site Land Use and Zoning Designations (Exhibit 2):

a. Countywide General Plan Land Use Map Designation: Open Space

b. Coastal Area Plan Land Use Map Designation: Open Space

c. Zoning Designation: COS-10 ac-sdf/M (Coastal Open Space, 10-acreminimum lot size, slope density formula, Santa Monica Mountains OverlayZone)

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

Location inRelation to the

Project SiteZoning Land Uses/Development

Planning Director Staff Report – Hearing on August 6, 2020

County of Ventura • Resource Management Agency • Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • vcrma.org/divisions/planning

Planning Director Staff Report for Case No. PL18-0020Planning Director Hearing on August 13, 2020

of 45

Location inRelation to the

Project SiteZoning Land Uses/Development

North COS-10 ac-sdf/MUndeveloped

East COS-10 ac-sdf/MUndeveloped

South COS-10 ac-sdf/MSingle-Family dwelling

West COS-10 ac-sdf/MCotharin Road and Single-Family

dwelling

8. History: The subject lot was legally created as a remainder parcel of a division ofland resulting in no more than two parcels prior to February 24, 1966 (deedrecorded on February 18, 1965 in Book 2732, Page 285).

On June 18, 2001, Ventura County Public Works Agency (PWA), Development &Inspection Services, issued a Zoning Violation (Case No. ZV01-0088) for gradingin excess of 50 cubic yards without obtaining the required Coastal PlannedDevelopment Permit in accordance with the Ventura County CZO Section 8171-4(General Prohibitions), Section 8174-4 (Permitted Uses by Zone), and Section8175-5.17 (Grading and Brush Removal). The violation does not describe thelocation of the unpermitted grading; however, aerials indicate the area inquestion was the current development envelope for the proposed single-familydwelling and a vineyard north of the access road.

Two Notices of Noncompliance were recorded, Document No. 202-0152156-00,dated June 24, 2002, and Document No. 200503090059122, dated March 9,2005. The Notices reference Case No. ZV01-0088.

On September 3, 2002, a Zoning Clearance (Case No. 94312) was issued to drilla water well (Well No. 01S20W15C04S). Two 4,000-gallon water tanks wereinstalled adjacent to the water well. The well is 920 feet deep. The well has asubmersible pump with impellers that push the water up the column pipe. Thereis a limit to how much water the impellers can push to the surface. The morewater you want to pump the larger the impellers need to be however, there is alimit to how big a pump will fit down the well. Well No. 01S20W15C04S does nothave the capacity to pump water from ground surface to the building site. Totransfer the water to a higher elevation than the well pump has the capacity for,water is transported from the well into a tank and then a booster pump is used.Wayne Erickson with Midwest Well, confirmed that only one tank is required toassist in the transfer of water to the building site, therefore, one tank will berelocated to the area of the new water tanks.

On November 18, 2003, the Planning Director approved Coastal PD Permit CaseNo. 1959 for the construction of a 5,500 square foot (sq. ft.) single-family


of 45

residence, a 700 sq. ft. ADU, a 1,224 sq. ft. detached garage/storage buildingand a 1,763 sq. ft. barn/stable. The permit also retroactively permitted theestimated 12,600 cubic yards (cy) associated with the development envelope.The project description included in Case No. PD-1959 did not include correctiveaction to abate the vineyard that was also referenced in Zoning Violation CaseNo. ZV01-0088.

On December 22, 2003, the Planning Division issued Zoning ClearanceZC96629 for the construction of the single-family residence, accessory dwellingunit, garage, and barn. None of the structures were built. On May 4, 2004,Grading Permit GP 9675 was issued for grading of the building pads and accessroad. On June 2, 2017, a Zoning Clearance (ZC17-0489) was issued by thePlanning Division to allow the final inspection for grading permit GP 9675. ThePWA issued a new grading permit (GP17-0074) to finish the grading authorizedby GP 9675 and the work was completed on March 13, 2018.

On March 21, 2005, the Planning Division issued Zoning Clearance Case No.ZC05-0350 for the removal of 1.3 acres of vineyard, the demolition of all postsand guidewires, and retention of the irrigation system to facilitate revegetation ofthe area.

Case No. PL18-0020 is a request to modify the previously approved residentialstructures (see Section A.9, Project Description, below), and to retroactivelypermit the removal of the vineyard and the required restoration of 1.31 acres thatwill abate the remaining infraction associated with Zoning Violation Case No.ZV01-0088.

It should be noted that on November 8, 2018, the Woolsey Fire ignited andburned 96,949 acres of land in Los Angeles and Ventura Counties. In theunincorporated area of Ventura County’s coastal zone south coast region, 19single-family dwellings were destroyed in the Santa Monica Mountains; ninecondominium units, and three homes on the seaward side of State Route 1(Pacific Coast Highway) were destroyed; and, approximately 27 structures weredamaged. The Woolsey Fire burned the entire project site, including the formervineyard area.

9. Project Description: The Applicant requests a Coastal Planned Development(PD) Permit to revise the approved project description. The previously approvedbarn has been removed from the project and the following structures areproposed: a 25-foot-high, 10,177-square-foot (sq. ft.), two-story, single-familydwelling with an attached 763 sq. ft. two-car garage, a 15-foot-high, 700 sq. ft.detached accessory dwelling unit (ADU), 790 sq. ft. swimming pool and spa, andtwo 15-foot-high, 167 sq. ft. detached open concrete gazebos. The proposedproject will be sited within the same general footprint as the previously approvedCoastal PD Permit Case No. PD-1959 and will not create any new potentiallysignificant environmental impacts. No grading or vegetation removal is proposed.


of 45

An existing on-site private water well, State Well Number (SWN)01S20W15C04S, will continue to provide water for the site, and four new 7-foot-high, 4,999-gallon water storage tanks will provide water for fire suppression.One 4,000-gallon water storage tank will remain to assist in the transport of waterfrom Well No. 01S20W15C04S, a second 4,000-gallon tank will be relocated toarea of the new water tanks. The proposed project will include a new on-sitewaste treatment system (OWTS) for domestic sewage disposal that willincorporate two septic tanks (2,000-gallons and 1,000-gallons), which will handledomestic sewage disposal for the single-family dwelling and the ADU (Exhibit 3,Project Plans).

Access to the site will be provided by an existing 15-foot-wide, 980-foot-longpaved driveway extending from Cotharin Road. The proposed project alsoincludes a temporary dwelling unit during construction,1 equipment storagecontainers, drainage improvements, hardscape surfaces, one fire hydrant, andone draft hydrant, in accordance with Ventura County Fire Protection District(VCFPD) requirements. Landscaping for the project will include 2,066 sq. ft. ofartificial turf, 5,557 sq. ft. of decomposed granite, and 5,006 sq. ft. of pea gravel,and stone for a total of 12,629 sq. ft. Xeriscaping will include Parry’s Agave(Agave parryi), Blue Glow Agave (Agave attenuata), Saguaro (Carnegieagigantea), Dragon Tree (Dracaena draco), Golden Barrel Cactus (Echinocactusgrusonii), Chaparral Yucca (Hesperoyucca whipplei) and Coastal Prickly Pear(Opuntia littoralis).

The proposed project includes approximately 1.31 acres of vegetative restorationto abate Zoning Violation Case No. ZV01-0088 for unauthorized vegetationremoval of Environmentally Sensitive Habitat Area (ESHA) associated with aformer vineyard, which no longer exists on the subject property.

B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE

Pursuant to CEQA (Public Resources Code Section 21000 et seq.) and the CEQAGuidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, Section15000 et seq.), the proposed project is subject to environmental review.

County staff prepared an Initial Study in accordance with the County’s Initial StudyAssessment Guidelines. Based on the information contained in the Initial Study, theCounty prepared a Mitigated Negative Declaration (MND) and made the MND availablefor public review and comment from May 24, 2019 to June 24, 2019 (Exhibit 4). On May

1 Ventura County CZO Section 8175-5.14 - A mobilehome, recreational vehicle or commercial coach maybe used as a temporary dwelling unit or office on a construction site in accordance with Ventura CountyCZO Section 8174-5, provided that a building permit for such construction is in full force and effect on thesame site. Said mobilehome or recreational vehicle shall be connected to a permanent water supply andsewage disposal system approved by the Ventura County Environmental Health Division and shall beremoved from the site within 45 days after a clearance for occupancy is issued by the Ventura CountyDivision of Building and Safety.


of 45

20, 2019, property owners located within 300 feet of the subject property were mailed apostcard notification for the public review period of the MND. Additionally, on May 24,2019, a legal notice was published in the Ventura County Star and the MND was madeavailable for public review on the County of Ventura Planning Division website and atthe County of Ventura Hall of Administration, located at 800 South Victoria Avenue,Ventura CA 93003. A Notice of Intent to Adopt an MND was sent to the StateClearinghouse on May 20, 2019.

An MND is a written statement briefly describing the reasons that a proposed project willnot have a significant effect on the environment and therefore does not require thepreparation of an Environmental Impact Report (EIR). However, the Initial Studyidentified potentially significant effects on the environment to biological resources, butproposals made by, or agreed to by, the Applicant before the MND is released for publicreview would avoid the effects or mitigate the effects to a point where no significanteffect on the environment would occur. More specifically, the MND identified thefollowing potentially significant, but mitigable impacts, related to biological resources:

MND, Section 4B, Biological Resources, Ecological Communities – Sensitive PlantCommunities: The Initial Study found that the proposed project would have potentiallysignificant impacts to sensitive plant communities. Impacts will be less than significantwith the implementation of the Mitigation Measures BIO-1 and BIO-2, which requiretemporary exclusion fencing along the ESHA buffer area and prohibits non-native,invasive plant species in erosion-control seed mixes and landscaping plans associatedwith the proposed project.

MND, Section 4D, Biological Resources, Ecological Communities – ESHA: The InitialStudy found that the proposed project would have potentially significant impacts toESHA. Impacts will be less than significant with the implementation of MitigationMeasures BIO-3 and BIO-4, which require the following: compensatory mitigation for theloss of ESHA that was caused by previous clearing, permanent protection of all on-siteESHA through a deed restriction, and a fuel modification plan which would minimizeimpacts to ESHA as a result of fuel modification activities.

MND, Section 4E, Biological Resources, Habitat Connectivity: The Initial Study foundthat the proposed project would have potentially significant impacts to wildlifemovement. Impacts will be less than significant with the implementation of MitigationMeasures BIO-5 and BIO-6, which require fences or walls beyond the 100-foot fuelmodification zone be permeable to wildlife and a lighting plan to ensure exterior lightingis hooded and direct downwards to avoid impacts to adjacent ESHA.

1. Findings for Adoption of an MND: The CEQA Guidelines [Section 15074(b)]state that an MND shall only be adopted by a decision-making body if there is nosubstantial evidence, in light of the whole record, that the proposed project mayhave a significant adverse effect on the environment and that the MND reflects theLead Agency’s independent judgment and analysis.


of 45

As stated in this Section B of the staff report (above), the MND sets forthmitigation measures to which the applicant has agreed, which will reduce theproposed project’s potentially significant impacts related to biological resourcesto less-than-significant levels. As of the date of this staff report, the PlanningDivision has received two comments, one from the California Department ofTransportation (Caltrans) and the other from the California Coastal Commission.The proposed final MND, agency comment letters, and response to commentsare attached as Exhibit 4. The comments received for the draft MND did notrequire changes to the analysis or conclusions set forth in the MND. Since theavailability of the draft MND, staff has not made any substantial changes to thedocument that would require a recirculation of the draft MND.

Therefore, based on the information provided above and in light of the wholerecord, there is no substantial evidence that the proposed project may have asignificant adverse effect on the environment, and the MND (Exhibit 4) reflects theCounty’s independent judgment and analysis.

2. Mitigation Monitoring and Reporting Program: The CEQA Guidelines [Section15091(d)] state that, when approving a project for which an MND has beenprepared, the agency shall also adopt a program for reporting on, or monitoring,the changes which it has either required in the project or made a condition ofapproval to avoid or substantially lessen significant environmental effects. Thesemeasures must be fully enforceable through permit conditions, agreements, orother measures.

The Mitigation Monitoring and Reporting Program (MMRP) describes thepurpose, requirement, timing, documentation, monitoring, and reportingcomponents required for each mitigation measure identified in the MND. TheMMRP for the proposed project has been incorporated into the proposed projectas Conditions of Approval (Exhibit 5, Condition Nos. 21 through 26). Thesemitigation measures require the Applicant to do the following:

Require the Applicant to install temporary exclusionary fencing around theconstruction area to avoid potential impacts from construction activitiesoccurring adjacent to ESHA;

Prohibit the use of invasive plants and seed in a landscape plan anderosion control seed mix, and in the fuel modification zone;

Require the Applicant to provide compensatory mitigation for the loss of1.31 acres of ESHA caused by previous clearing and require all on-siteESHA outside of the development envelope be permanently protectedthrough a conservation easement or deed restriction;

Require the Applicant to submit a fuel modification plan for review andapproval to minimize impacts to ESHA as a result of fuel modification;

Require fencing beyond the fuel modification zone to be wildlifepermeable, so as to not impede wildlife movement; and,


of 45

Require the Applicant to submit a lighting plan to ensure exterior nightlighting minimizes potential impacts to wildlife movement.

Therefore, a mitigation monitoring and reporting program has been prepared incompliance with the CEQA Guidelines.

C. CONSISTENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goals, Policies and Programs (2015, page 4) states:

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

Furthermore, the Ventura County CZO (Section 8181-3.5.a) states that in order to beapproved, a project must be found consistent with all applicable policies of the VenturaCounty Coastal Area Plan.

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

1. General Plan Resources Policy 1.1.2-1: All General Plan amendments, zonechanges and discretionary development shall be evaluated for their individualand cumulative impacts on resources in compliance with the CaliforniaEnvironmental Quality Act.

General Plan Resources Policy 1.1.2-2: Except as otherwise covered by amore restrictive policy within the Resources Chapter, significant adverse impactson resources identified in environmental assessments and reports shall bemitigated to less than significant levels or, where no feasible mitigation measuresare available, a statement of overriding considerations shall be adopted.

As discussed in Section B (above) and in the MND prepared for the proposedproject (Exhibit 4), the project’s individual impacts and contribution to cumulativeimpacts on resources have been evaluated in compliance with CEQA. Theproposed project will have a potentially significant, but mitigable, impact tobiological resources, more specifically, impacts related to sensitive plantcommunities, ESHA, and wildlife movement. The proposed project will be subjectto mitigations measures set forth in the MND that will reduce impacts to biologicalresources to less-than-significant levels (Exhibit 5, Condition Nos. 21 through26).

Based on the discussion above, the proposed project is consistent with GeneralPlan Policies 1.1.2-1 and 1.1.2-2.


of 45

2. General Plan Water Resources Policy 1.3.2-2: Discretionary development shallcomply with all applicable County and State water regulations.

General Plan Water Resources Policy 1.3.2-4: Discretionary development shallnot significantly impact the quantity or quality of water resources withinwatersheds, groundwater recharge areas or groundwater basins.

General Plan Water Supply Facilities Policy 4.3.2-1: Development thatrequires potable water shall be provided a permanent potable water supply ofadequate quantity and quality that complies with applicable County and Statewater regulations. Water systems operated by or receiving water from CasitasMunicipal Water District, the Calleguas Municipal Water District or the UnitedWater Conservation District will be considered permanent supplies unless anUrban Water Management Plan (prepared pursuant to Part 2.6 of Division 6 ofthe Water Code) or a water supply and demand assessment (prepared pursuantto Part 2.10 of Division 6 of the Water Code) demonstrates that there isinsufficient water supply to serve cumulative development within the district’sservice area. When the proposed water supply is to be drawn exclusively fromwells in areas where groundwater supplies have been determined by theEnvironmental Health Division or the Public Works Agency to be questionable orinadequate, the developer shall be required to demonstrate the availability of apermanent potable water supply for the life of the project.

Coastal Area Plan South Coast Santa Monica Mountains Policy 5:Development dependent upon a water well shall be approved only if such wellwould not either individually or cumulatively cause adverse impacts on affectedriparian areas or other coastal resources. This policy shall be implemented asdata becomes available through the County CEQA process and other reviewprocedures.

Water for the project will be provided by an existing on-site water well, SWN01S20W15C04S. A Pump and Recovery Test, conducted on December 9, 2017,was submitted with the application materials to PWA, Watershed ProtectionDistrict (WPD), Groundwater Resources Section. PWA reviewed and approvedthe Pump and Recovery Test for the proposed project. The proposed project willbe subject to the conditions of approval recommended by the ResourceManagement Agency (RMA), Environmental Health Division (EHD), that requirethe Applicant to obtain a Certification of Water Quality from EHD for the privatewater well to ensure compliance with the applicable Federal, State, and Countywater regulations (Exhibit 5, Condition No. 31).

Neither the individual project, nor the cumulative threshold for significance forwater quality, would be exceeded, and the project is expected to have less-than-significant impacts related to water quality. The project is proposing to add a totalof 22,227 sq. ft. of impervious surfaces that include the driveway and VCFPD


of 45

turnaround, concrete surrounding the single-family dwelling, and concretesurrounding the ADU. Additional impervious surface area will include the 8,828sq. ft. proposed single-family dwelling, 700 sq. ft. of the ADU, 334 sq. ft. for twogazebos, and 1,250 sq. ft. pool and spa. Site and pad grading were completedalong with construction of the existing driveway as part of Case No. PD1959. Tooffset the additional stormwater runoff, the proposed project has been designedwith stormwater capture devices as indicated by the Drainage Plan prepared byGeoWorks, dated April 25, 2018, to reduce any increase in post-developmentrunoff to pre-development rates and amounts.

Additionally, the proposed project originated as Case No. PD 1959 and wasconditioned with the Stormwater Quality Urban Impact Mitigation Plan (SQUIMP)requirements of the 2000 Ventura Countywide National Pollutant DischargeElimination System (NPDES) Municipal Separate Storm Sewer System (MS4)Permit No. CAS004002 and CAS000002 and the associated Ventura CountyTechnical Guidance Manual (TGM) for Stormwater Quality Control Measures(July 2002). The proposed project must comply with SQUIMP requirements,requiring the Applicant to provide Maintenance Plan and annual verification of the2010 Ventura Countywide NPDES Permit No. CAS004002, and submitdocumentation detailing enhanced best management practices (BMP) to beimplemented during all ground disturbance activities (Exhibit 5, Condition Nos. 40through 43).

Moreover, the proposed project will be subject to a condition of approval torequire the Applicant to prepare and submit a landscape plan that complies withthe Ventura County Landscape Design Criteria and State Water EfficientLandscaping Ordinance (WELO), which includes water conservation measuresand a prohibition on planting invasive species (Exhibit 5, Condition No. 18).

Based on the discussion above, the proposed project is consistent with GeneralPlan policies 1.3.2-2, 1.3.2-4, and 4.3.2-1, and Coastal Area Plan South CoastSanta Monica Mountains Policy 5.

3. General Plan Water Resources Policy 1.3.2-3: The installation of on-site septicsystems shall meet all applicable State and County regulations.

The proposed project includes installation of OWTS for domestic sewagedisposal that will incorporate two septic tanks. The septic tank for the maindwelling will have a minimum capacity of 2,000 gallons, and the septic tank forthe ADU will have a capacity of 1,000 gallons (Onsite Wastewater TreatmentSystem Design Report, Gold Coast Geoservices, Inc., April 5, 2018). Theproposed 6-foot seepage pits will have an effective depth of 32 feet and an earthcover of 5 feet. The total depth of the seepage pit is 37 feet. The septic tanks willboth distribute effluent to the Advantex AX20 treatment tank for pre-treatment ofthe effluent prior to discharge to the proposed seepage pit in conformance withEHD. EHD reviewed the proposed project and found that septic feasibility has


of 45

been demonstrated and that the proposed OWTS would be sufficient to servicethe sewage disposal demand of the proposed single-family dwelling and ADU,and will comply with Ventura County Building Code requirements, EHDguidelines, and State policies that apply to the on-site wastewater treatmentsystem (Exhibit 5, Condition Nos. 32 and 33).

Based on the discussion above, the proposed project is consistent with GeneralPlan Policy 1.3.2-3.

4. General Plan Water Resources Policy 1.3.2-5: Landscape plans fordiscretionary development shall incorporate water conservation measures asprescribed by the County’s Guide to Landscape Plans, including use of low waterusage landscape plants and irrigation systems and/or low water usage plumbingfixtures and other measures designed to reduce water usage.

General Plan Water Supply Facilities Policy 4.3.2-3: Discretionarydevelopment shall be conditioned to incorporate water conservation techniquesand the use of drought resistant native plants pursuant to the County’s Guide toLandscape Plans.

As discussed in Section C.3 of this staff report (above), the proposed project willbe subject to a condition of approval to require the Applicant to submit alandscape plan that complies with the Ventura County Landscape Design Criteria(1992), which replaced the County’s Guide to Landscape Plans (1988), and theState WELO. The landscape and fuel modification plans prepared for theproposed project must include water conservation measures and a prohibition onplanting invasive species (Exhibit 5, Condition No. 18).

Based on the above discussion, the proposed project is consistent with GeneralPlan Policies 1.3.2-5 and 4.3.2-3.

5. General Plan Biological Resources Policy 1.5.2-1: Discretionary developmentwhich could potentially impact biological resources shall be evaluated by aqualified biologist to assess impacts and, if necessary, develop mitigationmeasures.

General Plan Biological Resources Policy 1.5.2-2: Discretionary developmentshall be sited and designed to incorporate all feasible measures to mitigate anysignificant impacts to biological resources. If impacts cannot be reduced to a lessthan significant level, findings of overriding considerations must be made by thedecision-making body.

General Plan Biological Resources Policy 1.5.2-5: The California Departmentof Fish and Game, the U.S. Fish and Wildlife Service, National Audubon Societyand the California Native Plant Society shall be consulted when discretionarydevelopment may affect significant biological resources. The National Park


of 45

Service shall also be consulted regarding discretionary development within theSanta Monica Mountains or Oak Park Area.

Coastal Act Section 30231: "The biological productivity and the quality ofcoastal waters, streams, wetlands, estuaries, and lakes appropriate to maintainoptimum populations of marine organisms and for the protection of human healthshall be maintained and, where feasible, restored through, among other means,minimizing adverse effects of waste water discharges and entrainment,controlling runoff, preventing depletion of ground water supplies and substantialinterference of ground water flow, encouraging waste water reclamation,maintaining natural vegetation buffer areas that protect riparian habitats, andminimizing alteration of natural streams."

Coastal Act Section 30240:a) Environmentally sensitive habitat areas shall be protected against any

significant disruption of habitat values, and only uses dependent on suchresources shall be allowed within such areas.

b) Development in areas adjacent to environmentally sensitive habitat areasand parks and recreation areas shall be sited and designed to preventimpacts which would significantly degrade such areas and shall becompatible with the continuance of such habitat areas.

Coastal Area Plan South Coast Santa Monica Mountains Policy 1: Newdevelopment, including all private and public recreational uses, shall preserve allunique native vegetation, such as Giant Coreopsis and Dudleya cymosa ssp.marcescens.

Coastal Area Plan South Coast Santa Monica Mountains Policy 3: All newupland development shall be sited and designed to avoid adverse impacts onsensitive environmental habitats.

• In cases where sensitive environmental habitats are located on a project sitewhere the impacts of development are mitigated consistent with the Plan, theCounty shall assure that all habitat areas are permanently maintained in openspace through an easement or other appropriate means.

• When such impacts of development would be unavoidable, the County shallascertain within the specific project review period whether any public agencyor non-profit organization, including the National Park Service, CoastalConservancy, the Santa Monica Mountains Conservancy, State Departmentof Parks and Recreation, County Recreation Services, and Trust for PublicLands, is planning or contemplating acquisition of any portion of the subjectproperty to preserve it in open space. The permit may not be approved if suchagency or organization has been specifically authorized to acquire any portionof the property which would be affected by the proposed development, and


of 45

funds for the acquisition are available or could reasonably be expected to beavailable within one year of the date of application for the permit. If the permithas been denied for such reasons and the property has not been acquired bysuch agency or organization within a reasonable time, a permit may not bedenied again on the same ground.

A biological resources evaluation based on a Vegetation Restoration Plan, datedMay 24, 2018, was prepared by Environmental Science Associates (ESA)(Exhibit 5, Attachment 2 of the MND) for the restoration of 1.31 acres (formervineyard), which would abate the Zoning Violation Case No. ZV01-0088. Theproposed project will be constructed within the existing graded pads and doesnot include areas beyond what was previously graded per Case No. PD 1959.

As discussed in Section B, Item 4 (Biological Resources), of the MND, potentiallysignificant, but mitigable, impacts on biological resources were identified forsensitive plant communities, ESHA, and wildlife movement. The proposed projectwill be subject to six mitigation measures to which the Applicant has agreed,which will reduce impacts to less-than-significant levels. Mitigation Measures(including the monitoring component) BIO-1 through BIO-6 have been identifiedand incorporated into the proposed project as conditions of approval (Exhibit 5,Condition Nos. 21 through 26) that require the following: (1) installation ofexclusion fencing around the construction area to avoid impacts to surroundingESHA; (2) prohibition of the use of invasive plants and seed in a landscape planand erosion control seed mix, and in the fuel modification zone; (3) a restorationplan to compensate for the loss of ESHA caused by previous clearing andrequire all on-site ESHA outside of the development envelope to be permanentlyprotected through a deed restriction; (4) a fuel modification to minimize impactsto ESHA; (5) fencing beyond the fuel modification zone to be wildlife permeable;and (6) a lighting plan to ensure outdoor lighting will be limited in intensity,shielded, and cast down and away from any adjacent habitat areas. With theadoption and implementation of the recommended Mitigation Measures BIO-1through BIO-6 (Exhibit 5, Conditions Nos. 21 through 26), the proposed project’simpacts to biological resources will be mitigated to a less-than-significant level.

There are no potential jurisdictional waters present within the proposeddevelopment envelope (construction footprint and the fuel modification area). Theproject site is entirely in an upland area and does not contain water bodies, suchas creeks or streams. To offset the additional stormwater runoff, the proposedproject has been designed with stormwater capture devices as indicated by theDrainage Plan, prepared by GeoWorks (dated April 25, 2018), to reduce anyincrease in post-development runoff to pre-development rates and amounts. Inaddition, the proposed project will be required to include BMPs designed toensure compliance with the SQUIMP requirements of the 2000 VenturaCountywide NPDES Permit No. CAS004002 and the associated Ventura CountyTechnical Guidance Manual (TGM) for Stormwater Quality Control Measures(July 2002).


of 45

In addition, on May 24, 2019 the Planning Division notified and requestedcomments from CDFW, National Audubon Society, the California Native PlantSociety, and the National Park Service for comment regarding the proposedproject. As of the date of this staff report, the Planning Division has not receivedany written comments from these agencies.

Based on the discussion above, the proposed project is consistent with GeneralPlan Policies 1.5.2-1, 1.5.2-2, and 1.5.2-5, Coastal Act Sections 30231 and30240, and Coastal Area Plan South Coast Santa Monica Mountains Policies 1and 3.

6. Coastal Act Section 30250(a): New residential, commercial, or industrialdevelopment, except as otherwise provided in this division, shall be locatedwithin, contiguous with, or in close proximity to, existing developed areas able toaccommodate it, or where such areas are not able to accommodate it, in otherareas with adequate public services and where it will not have significant adverseeffects, either individually or cumulatively, on coastal resources. In addition, landdivisions, other than leases for agricultural uses, outside existing developedareas shall be permitted only where 50 percent of the usable parcels in the areahave been developed and the created parcels would be no smaller than theaverage size of surrounding parcels.

The proposed project will be located within a primarily open space rural area ofthe Santa Monica Mountains. Adjoining lots to the south and west are developedwith single-family residential dwellings. Lots to the north and east areundeveloped. Water to the project site will be supplied by an existing on-siteprivate water well, and sewage disposal will be handled by two new on-sitewastewater treatment systems (OWTS), which will be constructed in compliancewith all applicable State and County requirements.

Roads in the Santa Monica Mountains area are rural in nature with widths,grades, and other road features that are considered substandard if such roadswere designed and built today. These roads do not create a substantial risk ofinjury when such roads are used with due care in a manner in which it isreasonably foreseeable that they will be used. Yerba Buena Road and CotharinRoad are capable of supporting the minor amount of traffic associated with a newsingle-family dwelling. The proposed project will be conditioned to include aNotice of Substandard Access Roads (NSSAR), which will require the Applicantrecord an NSSAR (Exhibit 5, Condition No. 36). Finally, provided that thePlanning Director approves the recommended conditions of approval andmitigation measures for the proposed project, the proposed project will beconsistent with the ESHA resource protection policies of the Ventura CountyLocal Coastal Program (Exhibit 5, Condition Nos. 21 through 26).


of 45

Based on the discussion above, the proposed project is consistent with CoastalAct Section 30250(a).

7. Coastal Area Plan South Coast Santa Monica Mountains Policy 4: Wherepossible for subdivision and undeveloped contiguous lots, construction and/orimprovements of driveways/accessways which would increase access to thesubject area or adjacent areas shall be permitted only when it has beendetermined that environmental resources in the area will not be adverselyimpacted by the increased access. Grading cuts shall be minimized by combiningthe accessways of adjacent property owners to a single road where possible.The intent is to reduce the number of direct ingress-egress points off publicroutes and to reduce grading. At stream crossings, driveway access for nearbyresidences shall be combined. Hillside roads and driveways shall be as narrowas feasible and follow natural contours.

All roads leading to the project site, such as Yerba Buena Road, Cotharin Road,and Pacific View Drive, are existing roads that meet minimum VCFPD accessstandards. Access to the project site is provided by an existing 15-foot wide, 980-foot long paved driveway extending from Cotharin Road. The existing drivewayand proposed fire access improvements will be required to meet the adoptedPrivate Road Guidelines and Access Standards of VCFPD, as identified in theVentura County Initial Study Assessment Guidelines. No combined drivewayaccess at stream crossings will be required.

Based on the discussion above, the proposed project is consistent with theCoastal Area Plan South Coast Santa Monica Mountains Policy 4.

8. General Plan Scenic Resources Policy 1.7.2-1: Notwithstanding Policy 1.7.2-2,discretionary development which would significantly degrade visual resources orsignificantly alter or obscure public views of visual resources shall be prohibitedunless no feasible mitigation measures are available, and the decision-makingbody determines there are overriding considerations.

Coastal Area Plan South Coast Santa Monica Mountains Policy 7: Newdevelopment shall be sited and designed to protect public views to and from theshoreline and public recreational areas. Where feasible, development on slopedterrain shall be set below road grade.

Coastal Area Plan South Coast Santa Monica Mountains Policy 8:Development shall not be sited on ridgelines or hilltops when alternative sites onthe parcel are available and shall not be sited on the crest of major ridgelines.

Coastal Act Section 30251: The scenic and visual qualities of coastal areasshall be considered and protected as a resource of public importance. Permitteddevelopment shall be sited and designed to protect views to and along the oceanand scenic coastal areas, to minimize the alteration of natural land forms, to be


of 45

visually compatible with the character of the surrounding area and, wherefeasible, to restore and enhance visual quality in visually degraded areas. Newdevelopment in highly scenic areas such as those designated in the CaliforniaCoastline Preservation and Recreation Plan prepared by the Department ofParks and Recreation and by local government shall be subordinate to thecharacter of its setting.

As discussed in Section B, Item 6 (Scenic Resources), of the MND prepared forthe proposed project (Exhibit 5), the proposed project’s individual impacts andcontribution to the cumulative impacts relating to scenic resources wereevaluated in compliance with CEQA.

The project site does not include any land within the Scenic Resource Protection(SRP) Overlay Zone and is not visible from any lakes, reservoirs, or EligibleScenic Highways. The nearest Eligible Scenic Highway is State Route 1 (PacificCoast Highway) located approximately 2.5 miles south of the project site.However, the project site is located within the Santa Monica Mountains OverlayZone. The Santa Monica Mountains consist of sensitive habitats, such as ripariancorridors, native chaparral, ridgelines, and oak woodlands. Permitteddevelopment is required to be sited and designed to protect views to and alongthe ocean and scenic coastal areas, to minimize the alteration of naturallandforms, and to be visually compatible with the character of surrounding areas.Planning Division staff conducted a site visit on February 28, 2018 anddetermined that the proposed project site, due to high elevation, may be visiblefrom nearby public roadways (Pacific View Drive and Cotharin Road) or publicviewing locations. The California Department of Parks and Recreation’s PointMugu State Park Trail is approximately 0.5 miles northwest of the proposedproject site. The nearest trails that are part of the Point Mugu State Park TrailSystem include Big Sycamore Canyon Trail and Yellow Hill Trail. The Yellow HillTrail is approximately 1.8 miles southeast of the proposed project, and the BigSycamore Canyon Trail is approximately 2.6 miles west of the proposed projectsite. In addition, the proposed project site is located greater than 1,000 feet frompublicly owned park lands. At these distances and due to the steep terrain, publicviews of the proposed project would likely not be visible or would be minimal atbest. The proposed single-family dwelling and pool house will be sited in such away that it will not be silhouetted when viewed from these public recreationalareas.

The proposed project would be subject to a condition of approval to require theproposed structures to be painted with earth tone colors and non-reflectivepaints. The Applicant will be required to submit a material/color board to thePlanning Division for review and approval to ensure that the proposeddevelopment blends in with the natural environment of the Santa MonicaMountains (Exhibit 5, Condition No. 19). Therefore, there will be no significantdegradation of visual resources or alteration of visual resources as viewed frompublic observation points.


of 45

Based on the discussion above, the proposed project is consistent with GeneralPlan Policy 1.7.2-1, Coastal Area Plan South Coast Santa Monica MountainsPolicies 7 and 8, and Coastal Act Section 30251.

9. General Plan Paleontological and Cultural Resources Policy 1.8.2-1:Discretionary developments shall be assessed for potential paleontological andcultural resources impacts, except when exempt from such requirements byCEQA. Such assessments shall be incorporated into a Countywidepaleontological and cultural resource database.

Coastal Act Section 30244: Where development would adversely impactarchaeological or paleontological resources as identified by the State HistoricPreservation Officer, reasonable mitigation measures shall be required.

Coastal Area Plan South Coast Archaeology Policy 1: Based upon thelocation of the proposed project, Public Works may require the following work asa permit condition:

a. High sensitivity area – Field survey and test pits required.

b. Medium to high sensitivity area – Field survey required.

c. Moderate to negligible – No field work necessary.

For projects in an area (a) or (b), the applicant will have a qualified archaeologistassess the development impacts and cultural significance of the site. As may beappropriate, the Northridge Archaeological Research Center at Cal StateNorthridge should be contacted for a Native American approved Monitor toobserve and aide the work during excavation of auger holes, test pits, trenchesor exposures (Appendix 2).

Coastal Area Plan South Coast Archaeology Policy 2: Human burials shouldnot be removed from the ground without specific authorization, and under thedirection of Native American Monitors or Native American approvedarchaeologists.

Coastal Area Plan South Coast Archaeology Policy 3: Where significantarchaeological resources have been identified on a site, a qualified archaeologistwill be present, at the applicant's expense, during all excavating, grading andother earth-moving activities.

Coastal Area Plan South Coast Archaeology Policy 4: Location of all coastalzone archaeological sites will be kept confidential to avert disturbance ordestruction.


of 45

Coastal Area Plan South Coast Archaeology Policy 5: Archaeological,historical, and ethnobotanical interpretation of native peoples in Ventura Countyshould be incorporated into existing and future interpretive programs at publicrecreation areas.

Coastal Area Plan South Coast Archaeology Policy 6: Credentials of thequalified archaeologist who performs the applicant’s study will be presented withthe rest of the information required.

Coastal Area Plan South Coast Archaeology Policy 7: Where newdevelopment would adversely impact archaeological resources, reasonablemitigation measures will be required. Such measures may involve covering thesite, moving the structure(s) to another site on the parcel, or not constructing onthe site, depending on the severity of the impacts and the significance of theresources.

Coastal Area Plan South Coast Archaeology Policy 8: If previously unknownresources are discovered after construction starts, all work shall cease and thePublic Works Agency shall be notified. After review of the site by the Agency, orother qualified personnel, additional reasonable mitigation measures may berequired.

Coastal Area Plan South Coast Paleontology Policy 1: Based upon thelocation of a proposed project on the Paleontological Map Series of the PlanningDivision’s Unified Mapping System, paleontological resources will be aconsideration in the environmental review process.

Coastal Area Plan South Coast Paleontology Policy 2: Significant fossildiscoveries on a site will be reported to the Los Angeles County Museum ofNatural History or to appropriate scientists to ensure preservation of theinformation they may yield.

Coastal Area Plan South Coast Paleontology Policy 3: During theenvironmental review process, utilize the Initial Study Assessment Guidelinesadopted by the County of Ventura.

Coastal Area Plan South Coast Paleontology Policy 4: Fossil discoveriesshould also be reported to the County Cultural Heritage Board to ensuremaintenance of the information in Ventura County.

Coastal Area Plan South Coast Paleontology Policy 5: Where newdevelopment would adversely impact paleontological resources, reasonablemitigation measures will be required. Such measures may involve covering thesite, moving the structure(s) to another site on the parcel, or not constructing onthe site, depending on the severity of the impacts and the significance of theresources.


of 45

Coastal Area Plan South Coast Paleontology Policy 6: If previously unknownresources are discovered after construction starts, all work shall cease and thePublic Works Agency shall be notified. After review of the site by the Agency, orother qualified personnel, additional reasonable mitigation measures may berequired.

As discussed in Section B, Item 8A (Cultural Resources – Archaeology), of theMND (Exhibit 4), on July 18, 2018 the Planning Division requested a culturalresource records search of the California History Resources Information System(CHRIS) at the South-Central Coastal Information Center (SCCIC) at CaliforniaState University, Fullerton. The CHRIS records search identified that there areprehistoric sites located within a one-mile radius of the project site. However,previously recorded sites do not intersect the project site. In addition, theadjacent parcel was surveyed, and no cultural resources were found.Furthermore, pursuant to PRC Section 21080.3.1 et seq., on July 19, 2018, aformal request (AB 52) was sent to Native American tribal representatives forconsultation regarding the proposed project’s potential impact to tribal coastalresources. As of the date of this staff report, no comments have been receivedas a result of the AB 52 request.

On December 22, 2003, the Planning Division issued Zoning ClearanceZC96629 for the construction of the single-family residence, accessory dwellingunit, garage, and barn. None of the structures were built. On May 4, 2004,Grading Permit GP 9675 was issued for grading of the building pads and accessroad. On June 2, 2017, a Zoning Clearance (ZC17-0489) was issued by thePlanning Division to allow the final inspection for grading permit GP 9675. ThePWA issued a new grading permit (GP17-0074) to finish the grading authorizedby GP 9675 and the work was completed on March 13, 2018. The proposedproject will be sited on the previously-approved graded pads entitled under CaseNo. PD 1959.

The proposed project is underlain by thin-to medium-bedded fine-to medium-grained sandstone and siltstone assigned to the Topanga Formation (UpdatedGeotechnical Report, Gold Coast Geoservices, Inc., dated October 13, 2017). Inaccordance with the Ventura County Initial Study Assessment Guidelines, theTopanga geologic formation is not considered to have a High, or Moderate toHigh incidence of paleontological resources. Therefore, the proposed project willnot have an impact to paleontological resources.

No grading or vegetation removal is proposed with this project; therefore, surfacefinds are unlikely.

Although the proposed project is unlikely to result in impacts to archaeologicaland paleontological resources due to the proximity of recorded resources, futureground disturbance activities will be subject to conditions of approval to ensure


of 45

the protection of any subsurface resources that could be inadvertentlyencountered during ground disturbance activities (Exhibit 5, Condition Nos. 27and 28).

Based on the discussion above, the proposed project is consistent with GeneralPlan Policy 1.8.2-1, Coastal Act Section 30244, Coastal Area Plan South CoastArchaeology Policies 1 through 8, and Coastal Area Plan South CoastPaleontology Policies 1 through 6.

10.Coastal Area Plan South Coast Recreation Policy 8: Development shallneither preclude continued use of, or preempt the option of establishing inlandrecreational trails along identified routes, as indicated in the Santa MonicaMountains Comprehensive Plan (1979), and the Coastal Slope Trail as proposedin the U.S. Department of the Interior’s Santa Monica Mountains DraftEnvironmental Impact Statement and General Management Plan (September1980), or along routes established by custom to destinations of public recreationsignificance. An offer-of-dedication or a deed restriction of a trail right-of-wayshall be required as a condition of approval on property crossed by such trailroutes.

Coastal Area Plan South Coast Recreation Policy 12: Before a permit fordevelopment of any shoreline or inland parcel is approved, its suitability for publicrecreational use shall be evaluated within the specified project review period bythe County in consultation with the State Department of Parks and Recreationand the National Park Service. If the County determines that the property may besuitable for such use, the County shall ascertain whether any public agency ornon-profit organization, including the National Park Service, Santa MonicaMountains Conservancy, Coastal Conservancy, State Department of Parks andRecreation, County Recreation Services, and Trust for Public Lands, is planningor contemplating acquisition of any part of the subject property, specificallyauthorized to acquire any portion of the property which would be affected by theproposed development, and funds for the acquisition are available or couldreasonably be expected to be available within one year from the date ofapplication or permit. If a permit has been denied for such reasons and theproperty has not been acquired by such agency or organization within areasonable time, a permit may not be denied again on the same ground.

On February 26, 2018, the Planning Division notified and requested commentsfrom the National Parks Service, Santa Monica Mountains Conservancy,California State Coastal Conservancy, California State Parks, the Trust of PublicLands and Ventura County General Services Agency Parks Division regardingthe proposed project. As of the date of this staff report, no written commentshave been provided to the Planning Division.

Based on the discussion above, the proposed project is consistent with CoastalArea Plan South Coast Recreation Policies 8 and 12.


of 45

11.General Plan Resources Policy 1.10.2-1: Discretionary development whichwould cause significant impacts to coastal beaches or sand dunes shall beprohibited unless the development is conditioned to mitigate the impacts to lessthan significant levels.

General Plan Resources Policy 1.10.2-2: Discretionary developments whichwould result in the removal of dune vegetation shall be conditioned to replace thevegetation.

As discussed in Section B, Item 9 (Coastal Beaches and Sand Dunes) of theMND (Exhibit 4), the proposed project does not include development activitiesthat will occur beyond the existing property. The project site is located in theSanta Monica Mountains, approximately 2.5 miles north of the Pacific Ocean andbetween 1,550 and 1,865 feet above mean sea level. Given the project site’sdistance from the coast, the proposed project does not have the potential toadversely impact a coastal beach or dune vegetation. Therefore, the project willnot cause significant impacts to coastal beaches or result in the removal of dunevegetation.

Based on the discussion above, the proposed project is consistent with GeneralPlan Policies 1.10.2-1 and 1.10.2-2.

12.General Plan Hazards Policy 2.2.2-2: No habitable structures shall be locatedacross or on any active fault zone as defined by the Alquist-Priolo EarthquakeFault Zoning Act. Furthermore, no habitable structures shall be located within 50feet of the mapped trace of an active fault unless an appropriate geologicinvestigation and report demonstrates that the site is not subject to a fault rupturehazard.

Coastal Area Plan South Coast Hazards Policy 5: Structures for humanhabitation (regularly, habitually, or primarily occupied by humans) shall be setback a minimum of 50 feet from an active fault. This setback may be increasedwhen geologic conditions warrant.

As discussed in Section B, Item 10 (Fault Rupture Hazard) of the MND (Exhibit4), there are no known active or potentially active faults extending through theproposed project based on State of California Earthquake Fault Zones inaccordance with the Alquist-Priolo Earthquake Fault Zoning Act, and VenturaCounty General Plan Hazards Appendix – Figure 2.2.3b. Furthermore, nohabitable structures are proposed within 50 feet of a mapped trace of an activefault.

Based on the discussion above, the proposed project is consistent with GeneralPlan Hazards Policy 2.2.2-2 and Coastal Area Plan South Coast Hazards Policy5.


of 45

13.General Plan Hazards Policy 2.7.2-3: Drainage plans that direct runoff anddrainage away from slopes shall be required for construction in hillside areas.

The proposed project will result in an increase in impervious area. To offset theadditional runoff from the developed to the pre-developed condition, theproposed project has been designed with stormwater capture devices, asindicated by the Drainage Plan prepared by GeoWorks, (dated April 25, 2018)that will reduce any increase in post-development runoff to pre-developmentrates and amounts. Proposed development will be constructed in accordancewith current codes and standards, which require that there is no increase inflooding hazard and no increase in the potential for erosion or siltation.

In addition, the project will be subject to conditions of approval to meet therequirements of the Public Work Agency and Building and Safety Division tosubmit plans to control runoff and ensure slope stability (Exhibit 5, Condition Nos.40 through 43). The Applicant will be required to pay the Flood Acreage Fee(FAF) to address the cumulative impacts of runoff from development on PWA,Watershed Protection District facilities as required by Ordinance No. FC-24(Exhibit 5, Condition Nos. 34).


14.General Plan Hazards Policy 2.8.2-1: Development in mappedlandslide/mudslide hazard areas shall not be permitted unless adequategeotechnical engineering investigations are performed, and appropriate andsufficient safeguards are incorporated into the project design.

General Plan Hazards Policy 2.8.2-2: In landslide/mudslide hazard areas, thereshall be no alteration of the land which is likely to increase the hazard, includingconcentration of water through drainage, irrigation or septic systems, removal ofvegetative cover, and no undercutting of the bases of slopes or other impropergrading methods.

Coastal Act Section 30253: New development shall:(1) Minimize risks to life and property in areas of high geologic, flood, and fire

hazards.

(2) Assure stability and structural integrity, and neither create nor contributesignificantly to erosion, geologic instability, or destruction of the site orsurrounding area or in any way require the construction of protective devicesthat would substantially alter natural landforms along bluffs and cliffs.


of 45

Coastal Area Plan South Coast Hazards Policy 2: New development shall besuited and designed to minimize risks to life and property in areas of highgeologic, flood, and fire hazards.

Coastal Area Plan South Coast Hazards Policy 3: All new development will beevaluated for its impacts to, and from, geologic hazards (including seismic safety,landslides, expansive soils, subsidence, etc.), flood hazards, and fire hazards.Feasible mitigation shall be required where necessary.

Coastal Area Plan South Coast Hazards Policy 4: The County may require thepreparation of a geologic report at the applicant’s expense. Such report shallinclude feasible mitigation measures which will be used in the proposeddevelopment.

As discussed in Section B, Items 10, 11, 12, 14 and 15 of the MND (Exhibit 4),the project site is located in a hillside area of the Santa Monica Mountains inunincorporated Ventura County. Portions of the property are located in apotential seismically induced landslide zone. The Geologic and Soils EngineeringReport on Completed Rough Grading for Case No. PD 1959 (prepared by GoldCoast Geoservices, Inc., dated November 29, 2004) indicates that the projectsite is stable, and rough grading is approved from an engineering geologicstandpoint.

The project site is not located within or adjacent to a Federal EmergencyManagement Agency (FEMA) 1% annual chance (100-year) Special FloodHazard Area floodplain, as evidenced in the effective Digital Flood InsuranceRate Map (DFIRM) No. 06111C1130E (January 20, 2010). The project site islocated in a “X Unshaded Zone” (500-year flood zone). The nearest floodplain isthe Pacific Ocean, which is located approximately 2.5 miles south of anddownslope of the project site. Therefore, the proposed project will not subject toflood-related risk.

VCFPD reviewed the proposed project and found that the project site is locatedin the High Fire Hazard Area/Fire Severity Zone. Fire Station 56, located at11855 Pacific Coast Highway, in Malibu, is approximately five miles southeast ofthe project site. The proposed project will comply with all applicable Federal andState regulations and the requirements of the Ventura County Building Code andVentura County Fire Code. The proposed project will be subject to conditions ofapproval to ensure the project is in conformance with current California StateLaw and the Ventura County Fire Code (Exhibit 5, Condition Nos. 44 through 56).

Based on the discussion above, the proposed project is consistent with GeneralPlan Policies 2.8.2-1 and 2.8.2-2, Coastal Act Section 30253, and Coastal AreaPlan South Coast Hazards Policies 2, 3, and 4.


of 45

15.General Plan Hazards Policy 2.13.2-1: All discretionary permits shall berequired, as a condition of approval, to provide adequate water supply andaccess for fire protection and evacuation purposes.

General Plan Hazards Policy 2.13.2-2: All discretionary permits in fire hazardareas shall be conditioned to include fire-resistant vegetation, cleared firebreaks,or a long-term comprehensive fuel management program as a condition ofapproval. Fire hazard reduction measures shall be incorporated into the design ofany project in a fire hazard area.

General Plan Public Facilities and Services Policy 4.8.2-1: Discretionarydevelopment shall be permitted only if adequate water supply, access andresponse time for fire protection can be made available.

Coastal Area Plan South Coast Hazards Policy 8: A landscaping plan for fireand erosion control will be submitted for any new development located inextreme fire hazard areas as shown in the County’s Hazard Appendix FireHazard Map. As many native plants are feasible should be used, and informationon kinds and sources of these plants are available through the County.

As discussed in this staff report (above) and in the MND that was prepared forthe proposed project (Exhibit 4), VCFPD reviewed the proposed project andfound that the project site is located in the High Fire Hazard Area/Fire SeverityZone. The nearest fire station to the project site is the Ventura County FireStation 56, located at 11855 Pacific Coast Highway in Malibu, approximately fivemiles southeast of the project site. The distance from the fire station is adequate,and the proposed project will not require the construction of additional firestations or acquisition of another personnel, given the distance from the VenturaCounty Fire Station 56 to the proposed project site.

Water for the proposed project will be supplied by an existing on-site water well.Four new 7-foot-high, 4,999-gallon water storage tanks, two existing 4,000-gallonwater storage tanks, one fire hydrant, and one draft hydrant are proposed toprovide additional water for fire suppression, in accordance with the VenturaCounty Waterworks Manual and Ventura County Fire Code. The project will berequired to comply with the VCFPD Fire Hazard Reduction Program (FHRP).2

Initial compliance with the FHRP will require vegetation be removed, thinned andsufficiently spaced within a minimum 100-foot fuel modification zone that isdesignated around combustible structures (and 10 feet from access roads). Inaddition, the VCFPD has provided conditions of approval to ensure adequateaccess, fire hazard clearance, and water supply is maintained on-site, and to

2 The Fire Hazard Reduction Program (FHRP), requires property owners included in the program tomaintain their property free of fire hazards or nuisance vegetation year-round. Common requirementsinclude 100-feet of vegetation clearance from structures and 10-feet for road access. See VenturaCounty Fire Code Appendix W for specific requirements of the FHRP program.


of 45

ensure that the project is in conformance with current State Law and the VenturaCounty Fire Protection District standards (Exhibit 5, Condition Nos. 44 through56).

Furthermore, the proposed project is subject to Mitigation Measure BIO-4, whichrequires the Applicant to submit a Fuel Modification Plan for controlling anderadicating any non-native plants within the fuel modification zone (Exhibit 5,Condition No. 24). The Fuel Modification Plan shall specify the plants and seedsto be included that are indigenous to the Santa Monica Mountains. The nativeplants and seeds used in the fuel modification zone shall be reviewed andapproved by the Planning Division and VCFPD staff, so as not pose aflammability risk within the fuel modification zone.

Based on the discussion above, the proposed project is consistent with GeneralPlan Policies 2.13.2-1, 2.13.2-2, and 4.8.2-1, and Coastal Area Plan South CoastHazards Policy 8.

16.General Plan Noise and Vibration Policy 2.16.2-1: All discretionarydevelopment shall be reviewed for noise compatibility with surrounding uses.Noise compatibility shall be determined from a consistent set of criteria based onthe standards listed below. An acoustical analysis by a qualified acousticalengineer shall be required of discretionary developments involving noiseexposure or noise generation in excess of the established standards. Theanalysis shall provide documentation of existing and projected noise levels at on-site and off-site receptors and shall recommend noise control measures formitigating adverse impacts.

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

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

during any hour.(2) Noise sensitive uses proposed to be located near railroads shall incorporate

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

(3) Noise sensitive uses proposed to be located near airports:a. Shall be prohibited if they are in a CNEL 65 or greater, noise contour.b. Shall be permitted in the CNEL 60 to CNEL 65 noise contour area only

if means will be taken to ensure interior noise levels of CNEL 45 orless.

(4) Noise generators, proposed to be located near any noise sensitive use, shallincorporate noise control measures so that ongoing outdoor noise levelsreceived by the noise sensitive receptor, measured at the exterior wall of thebuilding, does not exceed any of the following standards:


of 45

a. Leq1H of 55dB(A) or ambient noise level plus 3dB(A), whichever isgreater, during any hour from 6:00 a.m. to 7:00 p.m.

b. Leq1H of 50dB(A) or ambient noise level plus 3dB(A), whichever isgreater, during any hour from 7:00 p.m. to 10:00 p.m.

c. Leq1H of 45dB(A) or ambient noise level plus 3dB(A), whichever isgreater, during any hour from 10:00 p.m. to 6:00 a.m. Section 2.16.2(4)is not applicable to increased traffic noise along any of the roadsidentified within the 2020 Regional Roadway Network (Figure 4.2.3)Public Facilities Appendix of the Ventura County General Plan (see2.16.2-1(1)). In addition, State and Federal highways, all railroad lineoperations, aircraft in flight, and public utility facilities are noisegenerators having Federal and State regulations that preempt localregulations.

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

As discussed in Section B, Item 21 (Noise and Vibration) of the MND preparedfor the proposed project (Exhibit 4), the proposed project is a noise-sensitive use.The proposed project is located approximately 2.5 miles north of State Route 1(Pacific Coast Highway) and is outside of the CNEL 60 dB(A) noise contour, asmapped in the RMA GIS noise contour maps (2019). Additionally, the proposedproject will not result in the placement of a noise-sensitive use within an area thatis subject to unacceptable noise levels. The residential use of the property is notconsidered a noise generator that will adversely affect any nearby noise sensitiveuses (e.g. existing, surrounding residences).

The proposed project will involve noise-generating construction activities thathave the potential to adversely affect surrounding residential uses. Therefore,pursuant to the requirements of the Ventura County Construction NoiseThreshold Criteria and Control Plan, the proposed project will be subject to acondition of approval to limit noise-generating activities to the days and timeswhen construction noise is least likely to adversely affect surrounding residentialuses (Exhibit 5, Condition No. 29).


17.General Plan Land Use Policy 3.1.2-5: Building Intensity and PopulationDensity: Except for Affordable/Elderly Housing developments that are eligible fordensity bonuses as specified in Article 16 of the Non-Coastal Zoning Ordinance,and Cultural Heritage Sites that are eligible for deviation as specified in the Non-Coastal Ordinance, the following building intensity and population densitystandards apply to the unincorporated areas of the County:


of 45

For Area Plans, the building intensity and population density standards thatappear in each respective plan shall apply to lands covered by the Area Planmaps...

Coastal Area Plan South Coast Area Policy 1: All zoning and developmentshall be in conformance with the Land Use Plan map (Figure 32.1), which hasbeen designed to reflect these goals and policies. The Zoning CompatibilityMatrix (Figure 33) indicates the zones which are consistent with the various landuse categories.

The proposed project is located within the Coastal Area Plan-South Coast Areawhere the permissible maximum building coverage is 5 percent of the lot area,and the maximum development intensity is 0.1 dwelling unit per acre. Applyingthese requirements to the 18.94-acre project site, approximately 2 acres (87,860sq. ft.) is the maximum permissible lot coverage, and one dwelling unit ispermissible. Total building coverage will be approximately 9,528 sq. ft. whichincludes the single-family dwelling and ADU.

Based on the discussion above, the proposed project is consistent with GeneralPlan Policy 3.1.2-5 and Coastal Area Plan South Coast Policy 1.

18.General Plan Public Facilities and Services Policy 4.1.2-1: Discretionarydevelopment shall be conditioned to contribute land, improvements or fundstoward the cost of needed public improvements and services related to theproposed development.

As discussed in the project description (Section A.9 of this staff report, above),water to the proposed project will be provided by an existing on-site water well,and an OWTS for that will incorporate two septic tanks. Access to the site isprovided by an existing, paved private driveway that extends off Cotharin road(as permitted under Case No. PD 1959 and Grading Permits GP 9675/GP17-0074).

As discussed in Section B, Item 27a(1) of the MND (Exhibit 4), the residential useof the property will generate additional traffic on the local public roads and theRegional Road Network; however, the low volume of traffic associated with onesingle-family residential dwelling will not result in the need for new publicroadway facilities or reduce the level of service of surrounding roadways. TheApplicant will be required to pay a Traffic Impact Mitigation Fee (TIMF) toaddress any cumulative adverse impacts of traffic on the Regional Road Networkin the County (Exhibit 5, Condition No. 37). Therefore, the proposed project willnot adversely impact the County’s Regional Road Network.

Station 56 is located approximately five miles southeast of the project site. At thisdistance, the response time to the project site is adequate. With theimplementation of the VCFPD-recommended conditions of approval for the


of 45

proposed project, no expansion of public facilities is required to allow the additionof the proposed structures (Exhibit 5, Condition Nos. 44 through 56).


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

As stated in Section C.19 of this staff report (above), adequate public servicesare currently available to continue to serve the proposed project. An existing on-site water well will provide water to the site. The proposed project will not requirea connection to a public sewer system. Two new on-site septic tanks will providesewage disposal service for the use of the subject property. EHD reviewed theproposed project and found that the proposed OWTS will comply with allapplicable requirements. Furthermore, access to the site is provided by anexisting, paved private driveway that extends off Cotharin road per Case No. PD1959 and Grading Permits GP9675/GP17-0074 . No expansion of public facilitiesis required to allow the addition of the proposed structures.

The proposed project will generate additional traffic on the County RegionalRoad Network and local public roads; however, the low volume of traffic will notresult in the need for new public roadway facilities or reduce the level of serviceof surrounding roadways. With the payment of the required TIMF, the Applicantwill pay the Applicant’s portion of the fees that are required to develop the CountyRegional Road Network, in order to accommodate the impacts of the proposedproject on the County Regional Road Network (Exhibit 5, Condition No. 37).Therefore, no improvements to the existing public roadway system are requiredto accommodate the proposed project.

Based on the discussion above, the proposed project is consistent with GeneralPlan Pubic Facilities and Services Policy 4.1.2-2.

20.General Plan Waste Treatment and Disposal Facilities Policy 4.4.2-2: Anysubdivision, or discretionary change in land use having a direct effect upon thevolume of sewage, shall be required to connect to a public sewer system.Exceptions to this policy to allow the use of septic systems may be granted inaccordance with County Sewer Policy. Installation and maintenance of septicsystems shall be regulated by the County Environmental Health Division inaccordance with the County's Sewer Policy, County Building Code, and CountyService Area 32.

The proposed project includes installation of two septic tanks. The septic tank forthe main dwelling will have a minimum capacity of 2,000 gallons, and the septictank for the pool house will have a capacity of 1,000 gallons (Onsite Wastewater


of 45

Treatment System Design Report, Gold Coast Geoservices, Inc., dated April 5,2018). The proposed project would not have a direct effect upon the volume ofsewage as the proposed OWTS would be sized for the demand of the residentialuse of the property. Furthermore, EHD reviewed the proposed project and foundthat septic feasibility has been demonstrated and that the proposed OWTS wouldbe sufficient to service the sewage disposal demand of the proposed single-family dwelling and pool house, and will comply with the EHD guidelines, VenturaCounty Sewer Policy, Ventura County Building Code, and County Service Area32.

Based on the discussion above, the proposed project is consistent with GeneralPlan Public Facilities and Services Policy 4.4.2-2.

21.General Plan Public Facilities and Services Policy 4.5.2-3. Discretionarydevelopment shall be conditioned to place utility service lines undergroundwherever feasible.

As discussed in Section B, Item 30 (Utilities), of the MND (Exhibit 4), theproposed project site is currently served with electricity provided by SouthernCalifornia Edison and will not involve the use of natural gas. The proposedproject will utilize a propane tank; and, therefore, a natural gas service lineconnection will not be required.

Based on the discussion above, the proposed project is consistent with GeneralPlan Public Facilities and Services Policy 4.5.2-3.

22.Coastal Area Plan Public Works Policy 3: New development in the SantaMonica Mountains should be self-sufficient with respect to sanitation and waterand should not require the extension of growth inducing services. Developmentoutside of the established "Existing Community" area shall not directly orindirectly cause the extension of public services (roads, sewers, water, etc.) intoan open space area. The County shall make the finding for each individualdevelopment requiring sanitary facilities and potable water that said privateservices will be able to adequately serve the development over its normallifespan.

As discussed in Section A.9 of this staff report (above) and in the MND (Exhibit4), there is an existing, operating private water well on site that will provide waterto the project site, and two private septic tanks are proposed to handle domesticwastewater. Access to the site will be provided by an existing 15-foot-wide, 980-foot-long paved driveway extending from Cotharin Road. The proposed projectdoes not include an expansion of the residential use of the subject propertybeyond what is currently allowed. Therefore, the proposed project will not requireany public improvements and services.


of 45

Based on the discussion above, the proposed project is consistent with CoastalArea Plan Public Works Policy 3.

D. ZONING ORDINANCE COMPLIANCE

The proposed project is subject to the requirements of the Ventura County CZO.Pursuant to the Ventura County CZO (Section 8174-4), the proposed use is allowed inthe COS-10 ac sdf/M zone district with the granting of a Coastal PD Permit. Upon thegranting of the Coastal PD Permit, the proposed project will comply with thisrequirement.

The proposed project includes the construction and use of structures that are subject tothe development standards of the Ventura County CZO (Section 8175-2). Table 1 liststhe applicable development standards and a description of whether the proposedproject complies with the development standards.

Table 1 – Development Standards Consistency Analysis

Type of RequirementZoning Ordinance

RequirementComplies?

Minimum Lot Area (Gross) 10 acres

Yes, the subjectproperty isapproximately 18.94acres.

Maximum Percentage of BuildingCoverage

5 percent

Yes, the proposeddevelopment includesapproximately 9,528square feet of buildingcoverage (less than 1percent).

Front Setback 20 feet Yes

Side Setback 10 feet

Yes, the single-familydwelling is locatedapproximately 349 feetand 5 inches from thewest property line and300 feet and 6 inchesfrom the east propertyline. The pool house islocated approximately684 feet from the westproperty line and 108feet and 8 inches fromthe east property line.

Rear Setback 15 feet Yes


of 45

Table 1 – Development Standards Consistency Analysis

Type of RequirementZoning Ordinance

RequirementComplies?

Maximum Building Height

25 feet; height maybe increased to 35feet if each sidesetback is at least 15feet

Yes, the side setbacksare at least 15 feetmaximum buildingheight of the proposedsingle-family dwelling is27 feet and 11.5 feet forthe pool house.

The proposed project is subject to the special use standards of the Ventura CountyCZO (Section 8175-5.17 et seq.). The following list includes all the applicable gradingand brush removal standards, along with Planning Division staff’s analysis of theproposed project’s consistency with each of the standards.

1. Ventura County CZO Section 8175-5.17.1: Grading plans shall minimize cutand fill operations. If it is determined that a project is feasible with less alterationof the natural terrain than is proposed, that project shall be denied.

As discussed in this Section A.8 (History) of the staff report (above), onNovember 18, 2003, Case No. PD 1959 was approved for the construction of asingle-family dwelling, a second dwelling, and a barn. Only the graded pads andaccess road have been constructed. The proposed project will utilize the existingpads and be sited within the same general footprint as the previously approvedCase No. PD 1959. The location of the proposed single-family dwelling,swimming pool, and ADU has been sited to minimize impacts to ESHA, and nograding is required to prepare the site for development.

Based on the discussion above, the proposed project is consistent with VenturaCounty CZO Section 8175-5.17.1.

2. Ventura County CZO Section 8175-5.17.2: All development shall be designedto minimize impacts and alterations of physical features and processes of the site(i.e., geological, soils, hydrological, water percolation and runoff) to the maximumextent feasible. The clearing of land (grading and brush removal) is prohibitedduring the winter rainy season (November 15th – April 15th).

Ventura County CZO Section 8175-5.17.3: For permitted grading operations onhillsides, the smallest practical area of land shall be exposed at any one-timeduring development, and the length of exposure shall be kept to the shortestpracticable amount of time. All measures for removing sediments and stabilizingslopes shall be in place prior to or concurrent with any on-site grading activities.


of 45

As discussed in this staff report (above), the previous dwelling and incidentaldevelopment was approved under PD1959, only the graded pads and accessroad have been constructed. The proposed residence and pool house have beensited in areas that have been previously graded and cleared pursuant to CaseNo. PD 1959 and Grading Permits GP9675/GP17-0074. No grading orvegetation removal is proposed. The proposed project will be subject to acondition of approval to prohibit the clearing of land (grading and brush removal)during the winter rainy season (November 15th – April 15th) (Exhibit 5, ConditionNo. 30).

Based on the discussion above, the proposed project is consistent with VenturaCounty CZO Sections 8175-5.17.2 and 8175-5.17.3.

3. Ventura County CZO Section 8175-5.17.4: Where appropriate, sedimentbasins (e.g., debris basins, desilting basins, or silt traps) shall be installed on theproject site prior to or concurrent with the initial grading operations andmaintained by the applicant through the development process to removesediment from runoff waters. All sediment shall be retained on-site unlessremoved to an appropriate approved dumping location.

As discussed in Section C of this staff report (above), the proposed project waspreviously approved under Case No. PD 1959 and was conditioned withStormwater Quality Urban Impact Mitigation Plan (SQUIMP) requirements of the2000 Ventura Countywide National Pollutant Discharge Elimination System(NPDES) Municipal Separate Storm Sewer System (MS4) Permit No.CAS004002 and the associated Ventura County Technical Guidance Manual(TGM) for Stormwater Quality Control Measures (July 2002). This condition is stillapplicable to the proposed project. In addition, the proposed project will besubject to conditions of approval ensuring compliance with the VenturaCountywide NPDES MS4 Permit No. CAS004002, where the Applicant will berequired to include BMPs designed to ensure compliance and implementation ofan effective combination of erosion and sediment control (Exhibit 5, ConditionNos. 40 through 43).


4. Ventura County CZO Section 8175-5.17.5: Where construction will extend intothe rainy season, temporary vegetation, seeding, mulching, or other suitablestabilization methods shall be used to protect soils subject to erosion. Theappropriate methods shall be prepared by a licensed landscape architect andapproved by the County.

Ventura County CZO Section 8175-5.17.6: Cut and fill slopes shall bestabilized at the completion of final grading. To the greatest extent feasible,planting shall be of native grasses and shrubs or appropriate non-native plants,


of 45

using accepted planting procedures. Such planting shall be adequate to provide90 percent coverage within 90 days, and shall be repeated if necessary, toprovide such coverage. This requirement shall apply to all disturbed soils.

As discussed in Section C of this staff report (above), the proposed project will besubject to conditions of approval ensuring compliance with the VenturaCountywide NPDES MS4 Permit Nos. CAS004002 and CAS000002 and theSQUIMP requirements (Exhibit 5, Condition No. 40 through 43). In addition, tominimize impacts to sensitive plant communities adjacent to the developmentfootprint, Mitigation Measures BIO-1 and BIO-2 (Exhibit 5, Condition Nos. 21 and22) require the Applicant to install temporary exclusion fencing around theconstruction areas to prevent entry into ESHA and prohibit the use of invasiveplants and seeds in a landscape plan and erosion control seed mix. Finally, theproposed project will be subject to a condition of approval to require the Applicantto install planting to provide 90 percent coverage within 90 days, and repeat ifnecessary, to provide suitable stabilization methods to protect soils subject toerosion at the completion of final grading (Exhibit 5, Condition Nos. 18 and 30).


5. Ventura County CZO Section 8175-5.17.7: Provisions shall be made to conductsurface water to storm drains or suitable watercourses to prevent erosion.Drainage devices shall be designed to accommodate increased runoff resultingfrom modified soil and surface conditions as a result of development. Wherefeasible and appropriate, water runoff shall be retained on-site to facilitategroundwater recharge, unless to do so would require significant grading or brushremoval not otherwise necessary, and the cumulative impacts of such on-siteretention would be greater than the cumulative impacts of not facilitatingrecharge, within the same drainage area.

As discussed in Section C of this staff report (above), the proposed project will besubject to conditions of approval ensuring compliance with the VenturaCountywide SQUIMP and NPDES MS4 Permit No. CAS004002 and CAS000002(Exhibit 5, Condition Nos. 40 and 43). To offset the additional stormwater runoff,the proposed project has been designed with stormwater capture devices asindicated by the Drainage Plan prepared by GeoWorks, dated April 25, 2018, toreduce any increase in post-development runoff to pre-development rates andamounts.


6. Ventura County CZO Section 8175-5.17.8: In addition to any other requirementof this Article, hillside (defined as land with slopes over 20 percent) grading andbrush clearance shall be regulated to maintain the biological productivity of


of 45

coastal waters, protect environmentally sensitive areas and park and recreationareas, and minimize the alteration of natural landforms.

Ventura County CZO Section 8175-5.17.9: A discretionary permit is requiredfor all substantial hillside grading (over 50 cu. Yds. Of cut or fill) or brushclearance (greater than one-half acre), including that related to agriculturalactivities. The application for the permit shall contain an erosion control plan.Such plan shall be prepared by a licensed engineer qualified in soil mechanicsand hydrology, and approved by appropriate County agencies, to ensurecompliance with the Coastal Plan and all other County ordinances.

The grading of the project site was authorized by Grading Permit GP9675 in2004 and completed in 2018 (Grading Permit GP17-0074) along with theconstruction of the existing driveway as entitled under Case No. PD 1959;therefore, no additional grading or vegetation removal is proposed as part of thispermit. As discussed in Section C of this staff report (above), the proposedproject would be required to implement BMPs during construction and for the lifeof the project to control runoff (Exhibit 5, Condition Nos. 40 and 43). Additionally,the Applicant will be subject to Mitigation Measure BIO-3, which require 1.31acres of compensatory mitigation to offset 1.31 acres of ESHA that werepreviously cleared prior to the granting of Coastal PD Permit Case No. PD 1959and require all on-site ESHA be permanently protected in perpetuity through adeed restriction to restrict future development in areas designated ESHA (Exhibit5, Condition No. 23). Therefore, the proposed project would protect ESHA andminimize the alteration of natural landforms on the subject property.


7. Ventura County CZO Section 8175-5.17.10: Degradation of the water quality ofgroundwater basins, nearby streams, or wetlands shall not result fromdevelopment of the site. Pollutants such as chemical, fuels, lubricants, rawsewage, and other harmful waste shall not be discharged into or alongsidecoastal streams or wetlands either during or after construction.

Ventura County CZO Section 8175-5.17.11: The Ventura County ResourceConservation District and the State Department of Fish and Game shall beconsulted for grading of hillsides and brush clearance in excess of one-half acre.In all cases, best accepted management practices shall be used.

The grading of the project site was authorized by Grading Permit GP9675 in2004 and completed in 2018 (Grading Permit GP17-0074) along with theconstruction of the existing driveway as entitled under Case No. PD 1959;therefore, no additional grading or vegetation removal is proposed as part of thispermit. The proposed project would be required to implement BMPs duringconstruction and for the life of the project to control runoff (Exhibit 5, Condition


of 45

Nos. 40 and 43). On May 24, 2019, the Planning Division consulted CaliforniaDepartment Fish and Wildlife (CDFW) regarding review of the MND, and nocomments were received. In addition, the proposed project has been designedwith stormwater capture devices, as indicated by the Drainage Plan (prepared byGeoWorks, dated April 25, 2018), that will reduce any increase in post-development runoff to pre-development rates and amounts.

Based on the discussion above, the proposed project is consistent with VenturaCounty CZO Section 8175-5.17.10 and 8175-5.17.11.

The proposed project is located within the Santa Monica Mountains Overlay Zone, and,therefore, is subject to the standards of the Ventura County CZO (Section 8177-4 etseq.). The following list includes all of the applicable Santa Monica Mountains OverlayZone standards, along with Planning Division staff’s analysis of the proposed project’scompliance with each of the standards.

8. Ventura County CZO Section 8177-4.1.1: New development, including allprivate and public recreational uses, shall preserve all unique vegetation such asCoreopsis gigantea (giant corepsis) and Dudleya cymosa ssp. marcescens(marcescent dudleya).

The proposed project will be constructed within the existing graded pads anddoes not include areas beyond what were previously graded and cleared perCase No. PD 1959 and Grading Permits GP 9675/GP17-0074. No additionalgrading or vegetation removal is proposed with this permit. Furthermore, with theimplementation of Mitigation Measures BIO-1 through BIO-6, impacts to uniquevegetation would be minimized and would preserve the coastal habitat (Exhibit 5,Conditions Nos. 21 through 26).


9. Ventura County CZO Section 8177-4.1.2: All new development shall be sitedand designed to avoid adverse impacts on environmentally sensitive habitatareas.

a. In cases where environmentally sensitive habitat areas are located on aproject site where the impacts of development are mitigated consistentwith the LCP Land Use Plan, the County shall assure that all habitat areasare permanently maintained in open space through a recorded easementor deed restriction.

b. When such impacts of development would be unavoidable, the Countyshall ascertain within the specified project review period whether anypublic agency or nonprofit organization, including the National ParkService, Coastal Conservancy, the Santa Monica Mountains


of 45

Conservancy, State Department of Parks and Recreation, CountyProperty Administration Agency, and Trust for Public Lands, is planning orcontemplating acquisition of any portion of the subject property topreserve it in open space. The permit may not be approved if such agencyor organization has been specifically authorized to acquire any portion ofthe property that would be affected by the proposed development andfunds for the acquisition are available or could reasonably be expected tobe available within one year of the date of application for the permit. If thepermit is denied for such reasons and the property has not been acquiredby such agency or organization within a reasonable time, a permit may notbe denied again for the same reason.

On February 26, 2018, the Planning Division notified and requested commentsfrom the National Parks Service, Santa Monica Mountains Conservancy,California State Coastal Conservancy, California State Parks, the Trust of PublicLands and Ventura County General Services Agency Parks Division regardingthe proposed project. As of the date of this staff report, the Planning Division hasnot received any comments. Additionally, the Applicant will be subject toMitigation Measure BIO-3, which requires the Applicant to restore and enhanceESHA that was caused by previous clearing, and permanently preserve all on-site ESHA outside of the development envelope through a deed restriction torestrict future development in areas designated ESHA (Exhibit 5, Condition No.23). Therefore, the proposed project’s impact to ESHA would be less thansignificant.

Based on the discussion above, the proposed project will comply with VenturaCounty CZO Section 8177-4.1.2.

10.Ventura County CZO Section 8177-4.1.3: Construction and/or improvements ofdriveways or accessways that would increase access to any property shall bepermitted only when it has been determined that environmental resources in thearea will not be adversely impacted by the increased access. Grading cuts shallbe minimized by combining the accessways of adjacent property owners to asingle road where possible. The intent is to reduce the number of direct ingress-egress points from public roads and to reduce grading. At stream crossings,driveway access for nearby residences shall be combined. Hillside roads anddriveways shall be as narrow as is feasible and shall follow natural contours.

All roads leading to the project site, such as Yerba Buena Road and CotharinRoad, are existing roads that meet minimum VCFPD access standards. Accessto the site will be provided by an existing 15-foot-wide, 980-foot-long paveddriveway extending from Cotharin Road. The proposed project has been sited inareas that have been previously graded and cleared of native vegetation in orderto minimize land alteration.


of 45


11.Ventura County CZO Section 8177-4.1.4: All proposal for land divisions in theSanta Monica Mountains shall be evaluated to assure that any futuredevelopment will be consistent with the development policies contained in theLCP Land Use Plan. Where potential development cannot occur consistent withthe LCP, the request for division shall be denied. Environmental assessmentsshall accompany tentative map applications and shall evaluate the ecologicalresources within and adjacent to the site and the consistency of the proposeddivision and development with the standards of the LCP. In addition, the followingshall apply:

a. Future building envelopes shall be identified on all applications and on thefinal subdivision map.

b. All identified environmentally sensitive habitat areas and/or slopes over 30percent shall be permanently maintained in their natural state through aneasement or deed restriction that shall be recorded on the final map, or on agrant deed as a deed restriction submitted with the final map. Developmentshall not be permitted in areas over 30 percent slope.

c. All offers of dedication for trail easements shall be recorded on the final map.Trail easements established by deed restriction shall be recorded on the deedno later than final map recordation.

The proposed project does not involve a subdivision. Therefore, Ventura CountyCZO Section 8177-4.1.4 does not apply to the proposed project.

12.Ventura County CZO Section 8177-4.1.5: New development shall be sited anddesigned to protect public views to and from the shoreline and public recreationalareas. Where feasible, development on sloped terrain shall be set below roadgrade.

As discussed in Section C.9 (above) and in Section B, Item 6 (Scenic Resources)of the MND prepared for the proposed project (Exhibit 4), the project site may bevisible from nearby public viewing locations. The proposed project will not bevisible from State Route 1 (Pacific Coast Highway). Public views of the proposedproject would likely not be visible or would be minimal at best along the nearesttrails that are part of the Point Mugu State Park Trail System, including BigSycamore Canyon Trail and Yellow Hill Trail. The proposed single-family dwellingand pool house will be sited in such a way that it will not be silhouetted whenviewed from these public recreational areas. In addition, the proposed project willbe subject to a condition of approval to require all structures to be painted withearth tone colors and non-reflective paints to ensure compatibility with thesurrounding terrain (Exhibit 5, Condition No. 19). The Applicant will be required to


of 45

submit a material/color board to the Planning Division for review and approval toensure that the proposed development blends in with the natural environment ofthe Santa Monica Mountains.


13.Ventura County CZO Section 8177-4.1.6: Development shall not be sited onridgelines or hilltops when alternative sites on the parcel are available and shallnot be sited on the crest of major ridgelines.

The proposed single-family dwelling, swimming pool, and pool house will not besited along a ridgeline or the crest of a major ridgeline.


14.Ventura County CZO Section 8177-4.1.7: Except within the existing SouthCoast community, as shown on the South Coast subarea Land Use Plan map, alldevelopment proposals located within 1,000 feet of publicly owned park landsshall be sited and designed to mitigate potential adverse visual impacts uponpark lands. Appropriate mitigation measures include additional landscaping, useof natural materials, low building profiles, earth tone colors, and the like.Development shall not be sited within 500 feet of a park boundary unless noalternative siting on the property is possible consistent with the policies of thePlan.

The project site is not located within 1,000 feet of publicly owned park lands. Toensure that the proposed development blends in with the natural environment ofthe Santa Monica Mountains, the proposed project will be conditioned to requireall development be painted with earth tone colors and non-reflective paints(Exhibit 5, Condition No. 19). The Applicant will be required to submit amaterial/color board to the Planning Division for review and approval to ensurethat the proposed development blends in with the natural environment of theSanta Monica Mountains.


15.Ventura County CZO Section 8177-4.1.8: Development shall neither precludecontinued use of, nor preempt, the option of establishing inland recreational trailsalong routes depicted on the LCP Land Use Plan maps. A recorded offer ofdedication or a deed restriction creating a trail easement shall be required as acondition of approval on property crossed by trails shown on the LCP Land UsePlan maps.


of 45

Ventura County CZO Section 8177-4.1.9: All new trail corridors shall be aminimum of 25 feet in width, with a larger corridor width for major feeder trails.The routing of trails shall be flexible in order to maintain an adequate buffer fromadjacent development. Where feasible, development shall be sited sufficientlydistant from the trail so as not to interfere with the trail route.

The proposed project site is not located on any trail route, and it would notpreclude the continued use of any inland recreational trail as depicted in theVentura County Coastal Area Plan (Figure 4.1-7, California Coastal Trail, SouthCoast, 2017).

Based on the discussion above, the proposed project will comply with VenturaCounty CZO Sections 8177-4.1.8 and 8177-4.1.9.

16.Ventura County CZO Section 8177-4.1.10: Before a permit for development ofany lot is approved, the suitability of that lot for public recreational use shall beevaluated within the specified project review period by the County in consultationwith the State Department of Parks and Recreation and the National ParkService. If the County determines that the property may be suitable for such use,the County shall ascertain whether any public agency or nonprofit organization isplanning or contemplating acquisition of any part of the subject property, orwhether such agencies are specifically authorized to acquire any portion of theproperty that would be affected by the proposed development, or whether fundsfor the acquisition are available or could reasonably be expected to be availablewithin one year from the date of application for permit. If a permit has beendenied for such reasons and the property has not been acquired by such agencyor organization within a reasonable time, a permit may not be denied again forthe same reasons.

As discussed in Section C.11 of this staff report (above), on February 26, 2018,the Planning Division notified and requested comments from the National ParksService, Santa Monica Mountains Conservancy, California State CoastalConservancy, California State Parks, the Trust of Public Lands, and VenturaCounty General Services Agency Parks Division the proposed project. As of thedate of this staff report, the Planning Division has not received any comments.


17.Ventura County CZO Section 8177-4.1.11: Any areas within the Santa MonicaMountains used for private recreational purposes shall continue to be so usedunless it becomes unfeasible to do so. These properties are subject to thefollowing:

a. The only principally-permitted uses (not appealable to the CoastalCommission) on such properties are recreational uses, Planned Development


of 45

Permits for new recreational uses, or the expansion of existing recreationaluses, may be issued by the Planning Director in accordance with Article 11.Permits for all other uses shall be decided upon in accordance with Articles 4and 11, and all other applicable provisions of this Chapter and the certifiedLCP Land Use Plan.

b. Prior to the granting of a permit that allows a conversion of recreational usesto non-recreation uses, Section 8177-4.1.10 shall be followed.

The subject property has not been, and is not currently, subject to privaterecreational use.


E. COASTAL PD PERMIT FINDINGS AND SUPPORTING EVIDENCE

The Planning Director must make certain findings in order to determine that the proposedproject is consistent with the permit approval standards of the Ventura County CZO(Section 8181-3.5 et seq.). The proposed findings and supporting evidence are asfollows:

1. The proposed development is consistent with the intent and provisions ofthe County's Certified Local Coastal Program [Section 8181-3.5.a].

Based on the information and analysis presented in Sections C and D of this staffreport and the MND prepared for the proposed project (Exhibit 4), the finding thatthe proposed development is consistent with the intent and provisions of theCounty's certified Local Coastal Program can be made.

2. The proposed development is compatible with the character of surroundingdevelopment [Section 8181-3.5.b].

The project site is located within the western portion of the Santa MonicaMountains, has a General Plan land use designation of Open Space, and iszoned Coastal Open Space. The surrounding properties have the same GeneralPlan land use and zoning designations as the proposed project site. Thesurrounding area consists primarily of open space and rural residentialdevelopment. Lots to west and south are developed with single-family dwellings.Lots to the north and east are undeveloped. As discussed in Section A of thisstaff report (above), the proposed project consists of a two-story single-familydwelling with attached garage, detached pool house, swimming pool and spa,and two detached open gazebos and trellis, on existing graded building pads perCase No. PD 1959. The proposed project does not include a change of use thathas the potential to create any land use conflicts with surrounding residentialdevelopment, generate new traffic beyond that associated with a single-family


of 45

dwelling, or introduce physical development that is incompatible with thesurrounding development.

The project site is in the Santa Monica Mountains Overlay Zone. The purpose ofthis overlay is to protect habitats for several unique, rare, or endangered plantand animal species and to provide protective measures. As discussed inSections C.6, D.6, and D.9 of this staff report (above), to preserve the naturalcharacter of the Santa Monica Mountains, the Applicant will be subject toMitigation Measure BIO-3, which requires the Applicant to enhance and restore1.31 acres of previously cleared ESHA and require all on-site ESHA outside ofthe development envelope to be permanently protected through a deedrestriction to restrict future development in areas designated ESHA (Exhibit 5,Condition No. 23).

To ensure the proposed single-family residence is compatible with the naturalenvironment of the Santa Monica Mountains, the Applicant will be required tosubmit to the Planning Division for review and approval, plans andmaterials/color board for all new development prior to the issuance of a ZoningClearance for construction of the proposed project (Exhibit 5, Condition No. 19).The building specifications shall utilize natural materials and be painted in earthtones to blend in with the environment and character of the community.

Furthermore, as discussed in Section C.17 of this staff report (above), with theadoption of the recommended condition of approval to limit the days and times ofnoise-generating construction activities, the proposed project will not generatenoise that is incompatible with surrounding residential uses (Exhibit 5, ConditionNo. 29). Therefore, the proposed project will be consistent with the character ofthe surrounding development.

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

3. The proposed development, if a conditionally permitted use, is compatiblewith planned land uses in the general area where the development is to belocated [Section 8181-3.5.c].

The proposed project consists of a request for approval of a Coastal PD Permitto replace the previously approved single-family dwelling and barn with a newtwo-story single-family dwelling with attached garage, detached pool house,swimming pool and spa, and two detached open gazebos and trellis and relatedinfrastructure on the graded building pads that were approved pursuant to PD1959. The proposed use is not a conditionally permitted use; and, therefore, therequirement of this finding does not apply to the proposed project.



of 45

4. The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses [Section 8181-3.5.d].

The proposed project would not be obnoxious or harmful or impair the utility ofneighboring property or uses. Water for the proposed project will be provided byan existing on-site water well and two proposed septic tanks will be adequate toserve the single-family residential dwelling and the pool house, and beconstructed in compliance with local, State, and Federal Standards. Thesurrounding public road network is adequate to continue serving the project site.Due to the project’s location in a high fire hazard area, the proposed project willbe subject to VCFPD-recommended conditions of approval to ensure that theproposed dwellings contain sprinklers, the Applicant implements and maintainsadequate brush clearance around structures, and adequate access is providedon site (Exhibit 5, Condition Nos. 44 through 56).

Furthermore, as discussed in Section D of this staff report (above), the proposedproject will comply with the maximum building height, minimum building setback,and maximum building coverage standards of the Coastal Open Space zone.The proposed project will be subject to a condition of approval to limit the daysand hours of noise-generating construction activities in order to ensure thatconstruction-generated noise does not significantly affect occupants of thenearest single-family residence, which is located 100 feet south of the project site(Exhibit 5, Condition No. 29). Additionally, the proposed project has beendesigned with stormwater capture devices as indicated by the Drainage Plan(Geoworks, April 25, 2018), to reduce any increase in post-development runoff topre-development rates and amounts. Therefore, the proposed project will not beobnoxious or harmful, or impair the utility of neighboring properties or uses.


5. The proposed development would not be detrimental to the public interest,health, safety, convenience, or welfare [Section 8181-3.5.e].

As discussed in Sections C of this staff report (above), water for the proposedproject will be provided by an existing on-site water well. The proposed projectincludes the installation and use of wastewater treatment systems that willcomply with all applicable County, State, and Federal regulations. The proposedproject will be subject to conditions of approval to ensure that it complies with theVCFPD’s and state requirements for residential development located within highfire hazard areas (Exhibit 5, Condition Nos. 44 through 56). The surroundingpublic road network is adequate to serve the residential use of the property.While the project will generate additional traffic on the County Regional RoadNetwork and local public roads, the low volume of traffic that would be generatedby the project does not have the potential to alter the level of service of theroadways that will be used by the project. Adequate public resources andinfrastructure exist to serve the residential use of the subject property. The


of 45

proposed project will not interfere with, or significantly affect, public use ofrecreational and open space resources within the Santa Monica MountainsNational Recreation Area. Therefore, the proposed project will not be detrimentalto the public interest, health, safety, convenience, or welfare.


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

Water for the project site will be provided by an existing on-site well, SWN01S20W15C04S. A Pump and Recovery Test, dated December 9, 2017, wassubmitted with the application materials for review by PWA, WatershedProtection District, Groundwater Resources Section, and was approved for theproposed project. In addition, the proposed project will be subject toEnvironmental Health Division recommended conditions of approval that requirethe Applicant to obtain a Certification of Water Quality for the private water well toensure compliance with the applicable Federal, State, and County waterregulations (Exhibit 5, Condition No. 31).


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

As discussed in the staff report (above) and in the MND prepared for theproposed project (Exhibit 4), water for the project site will be provided by anexisting on-site well, SWN 01S20W15C04S. A Pump and Recovery Test, datedDecember 9, 2017, was submitted with the application materials for review byPWA, Watershed Protection District, Groundwater Resources Section, and wasapproved for the proposed project. In addition, the proposed project will besubject to the EHD-recommended conditions of approval that require theApplicant to obtain a Certification of Water Quality for the private water well toensure compliance with the applicable Federal, State and County waterregulations (Exhibit 5, Condition No. 31). Therefore, a permanent supply of wateris available for the proposed project. The proposed project will increasegroundwater extraction; however, the well would be perforated in an area offractured bedrock and not a recognized groundwater basin. Therefore, conditionsof overdraft are not expected to result within a groundwater basin, and the


of 45

proposed project will not adversely impact water resources within riparian areasor other coastal resources.


8. All need for sewage disposal over the life span of the development will besatisfied by existing sewer service to the immediate area or by location ofseptic facilities on-site consistent with other applicable provisions of theLCP.

As discussed in Section C.4 of this staff report above, the proposed projectincludes installation of two septic tanks. The septic tank for the single-familydwelling will have a minimum capacity of 2,000 gallons, and the septic tank forthe pool house will have a capacity of 1,000 gallons (Onsite WastewaterTreatment System Design Report, Gold Coast Geoservices, Inc., dated January8, 2018 and revised on April 5, 2018). EHD reviewed the proposed project andfound that septic feasibility has been demonstrated and that the proposed OWTSwould be sufficient to service the sewage disposal demand of the proposedsingle-family dwelling and pool house, and will comply with Ventura CountyBuilding Code requirements, EHD guidelines, and State policies that apply to theOWTS. Public sewer service does not exist for the proposed residential use ofthe subject property.


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

The proposed project is located within an area that is subject to the Open SpaceGeneral Plan and Coastal Area Plan land use designations and not in anestablished “Community” area. As discussed in this staff report (above), anexisting on-site private water well will provide water, and two on-site wastewatertreatment systems will provide sewage disposal for the proposed residential useof the subject property. The property is currently served with electricity bySouthern California Edison and does not involve the construction of new orexpansion of existing, public roads, or other public facilities or infrastructure (e.g.,fire prevention or law enforcement facilities). Therefore, no expansion of publicservices will be required to support the proposed project.



of 45

F. PLANNING DIRECTOR HEARING NOTICE, PUBLIC COMMENTS, ANDJURISDICTIONAL COMMENTS

The Planning Division provided public notice regarding the Planning Director hearing inaccordance with the Government Code (Section 65091), Ventura County CZO (Section8181-6.2 et seq.). On July 29, 2020, the Planning Division mailed notice to owners ofproperty within 300 feet and residents within 100 feet of the property on which theproject site is located and on August 3, 2020 placed a legal ad in the Ventura CountyStar. As of the date of this document, the Planning Division has not received anycomments.

G. RECOMMENDED ACTIONS

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

1. CERTIFY that the Planning Director has reviewed and considered this staff reportand all exhibits thereto, including the proposed MND (Exhibit 4), MitigationMeasures, and Mitigation Monitoring and Reporting Program (Exhibit 5), and hasconsidered all comments received during the public comment process;

2. FIND, based on the whole of the record before the Planning Director, including theInitial Study and any comments received, that upon implementation of themitigation measures there is no substantial evidence that the project will have asignificant effect on the environment and that the MND reflects the PlanningDirector’s independent judgment and analysis;

3. ADOPT the MND (Exhibit 4) and Mitigation Monitoring Reporting Program (Exhibit5);

4. MAKE the required findings to grant a Coastal PD Permit pursuant to Section8181-3.5 of the Ventura County CZO, based on the substantial evidence presentedin Section E of this staff report and the entire record;

5. GRANT Coastal PD Permit Case No. PL18-0020, subject to the conditions ofapproval (Exhibit 5).

6. SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S.Victoria Avenue, Ventura, CA 93009 is the location, of the documents and materialsthat constitute the record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the PlanningCommission within 10 calendar days after the permit has been approved, conditionallyapproved, or denied (or on the following workday if the 10th day falls on a weekend orholiday). Any aggrieved person may file an appeal of the decision with the Planning

Planning Director Staff Report for Case No. PL18-0020Planning Director Hearing

"t ^T:;:r.t 3P?3

Division. The Planning Division shall then set a hearing date before the Planning

Commission to review the matter at the earliest convenient date.

lf you have any questions concerning the information presented above, please contactNoe Torres at (805) 654-3635 or [email protected]'

Reviewed by:

ResVen

Case PlPermits S

County Planning Division

ch, erPermits Sectionnty Planning Division

EXHIBITSExhibit 2 - MapsExhibit 3 - Project PlansExhibit 4 - Mitigated Negative Declaration (MND) and Response to MND CommentsExhibit 5 - Conditions of Approval and Mitigation Monitoring and Reporting Program

nnifer

arnoldi residence coastal planned ......2020/08/13 · ventura county coastal area plan (figure...

Documents