SANTA BARBARA COUNTY ZONING ADMINISTRATOR
STAFF REPORT
January 11, 2013
PROJECT:
Kent Side Setback Modification
HEARING DATE: January 28, 2013
STAFF/PHONE:
J. Ritterbeck, Planner, (805) 568-3509
GENERAL INFORMATION
Case No.:
12MOD-00000-00002
Assessor’s Parcel No.:
059-223-005
Project Location
346 El Sueño Road
Applicant / Phone:
Steven Kent
1201 High Ridge Lane
Santa Barbara, CA 93103
(805) 450-1049
1.0 EXECUTIVE SUMMARY
The applicant is requesting the approval of a Modification to the setback requirements to reduce the required
5-foot side setback to 4 feet, 1 inch to allow the existing residence to encroach 11 inches into the setback. The
existing residence is the subject of a current violation for the unpermitted conversion of a 200 [gross] sq. ft.
attached garage to habitable space and an as-built addition of approximately 119 [gross] sq. ft. to the main
dwelling. The associated Land Use Permit (12LUP-00000-358) would legalize this development, as well as
permit the demolition of an existing 190 sq. ft. carport (9.5’ x 20’ in size). The 46-foot wide, 13,500 sq. ft.
parcel conforms to the site area requirement of the 10-R-1 zone (10,000 sq. ft. minimum), but is considered a
non-conforming lot as to lot width (80 ft. minimum) within the 10-R-1 zone district of the Goleta Community
Plan area. As proposed, the addition and Modification would be compatible with the purpose and intent of the
R-1 zone as well as with the scale and character of the area and would meet all other development and
standards zoning requirements.
Kent Side Setback Modification, 12MOD-00000-00002
Hearing Date: January 28, 2013
Page-2
2.0 REQUEST
Hearing on the request of Steve Kent, property owner, to consider case number 12MOD-00000-00002,
application filed on October 4, 2012, for a Modification to the required 5’-0” side setback reducing it by
11-inches; and to determine the project is exempt from environmental review, pursuant to Section 15305 of
the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). The
application involves AP No. 059-223-005, located at 346 El Sueño Road, in the Goleta Community Plan
area, Second Supervisorial District.
3.0 RECOMMENDATION
Follow the procedures outlined below and conditionally approve Case No. 12MOD-00000-00002 as depicted
on the project plans (Attachment D), based upon the project’s consistency with the Comprehensive Plan,
including the Goleta Community Plan, and the ability to make the required findings.
The Zoning Administrator’s action should include the following:
1. Make the required findings for the project as specified in Attachment A of this staff report,
including CEQA findings;
2. Determine the project is exempt from CEQA, pursuant to Section 15305(a) of the State Guidelines
for Implementation of the California Environmental Quality Act, included as Attachment C of this
staff report; and
3. Approve the project subject to the conditions included as Attachment B.
Refer to staff for appropriate findings and conditions if other than the recommended action is taken.
4.0 PROJECT SPECIFICATIONS
Site Size:
Comprehensive Plan
Designation:
Ordinance / Zoning:
Surrounding Use / Zoning:
Services / Systems:
Present Use and
Development:
13,500 sq. ft. (approximately 0.31-acre)
Urban; Inland; Res-3.3 - One Single-Family Residence per lot
Goleta Community Plan area
County Land Use and Development Code / 10-R-1
Minimum Parcel Size: 10,000 sq.ft.
North: Single-Family Residential / 10-R-1
South: Single-Family Residential / 10-R-1
East: Mobile Home Park / MHP
West: Single-Family Residential / 10-R-1
Water: Goleta Water District
Sewer: Goleta Sanitary District
Fire: Santa Barbara County Fire
Access: El Sueño Road
The site is currently developed with an existing 924 sq.ft. single-family
dwelling with unpermitted additions of 319 sq.ft., resulting in a 1,243
[gross] sq.ft. dwelling (1,192 [net] sq.ft.) Also existing on the project site is
a permitted 675 sq.ft. detached residential second unit at the rear of the lot.
Kent Side Setback Modification, 12MOD-00000-00002
Hearing Date: January 28, 2013
Page-3
4.1 Project Description
The project is for a Modification to the required 5’–0” side setback reducing this setback by 0’-11”, resulting in a
Modified setback of 4’-1” from the southern property line. The Modified setback will allow for the legalization
of an as-built addition totaling 319 [gross] sq. ft. to the existing 924 sq. ft. single-family dwelling. The addition
resulted from the previously unpermitted conversion of an attached garage to habitable space that created a
dwelling of 1,243 [gross] sq. ft. Approval of the Modification and the associated Land Use Permit (12LUP00000-358) would legalize this development, as well as permit the demolition of an existing 190 sq. ft. carport
(9.5’ x 20’ in size). The three required parking (2 for SFD and 1 for RSU) are all located outside of the required
setbacks, with one space in front of the main dwelling, and two spaces behind the dwelling, with additional
parking provided along the northern property line. No grading, tree removal or work to the existing residential
second unit is a part of this project. The parcel will continue to be served by the Goleta Water District, the Goleta
Sanitary District, and the Santa Barbara County Fire Department. Access would continue to be provided off of El
Sueño Road. The property is a 0.31-acre parcel zoned 10-R-1 and shown as Assessor's Parcel Number 059-223005, located at 346 El Sueño Road in the Goleta Community Plan area, Second Supervisorial District.
5.0 PROJECT ANALYSIS
5.1
Environmental Review
The project is exempt from environmental review based upon Section 15305(a) of the California
Environmental Quality Act (CEQA) guidelines. Section 15305(a) exempts minor lot line adjustments, side
yard, and setback variances not resulting in the creation of any new parcel. Please see Attachment C for the
Notice of Exemption.
5.2
Comprehensive Plan Consistency
Land Use Element Development Policy #4: Prior
to issuance of a land use permit, the County shall
make the finding, based on information provided
by environmental documents, staff analysis, and
the applicant, that adequate public or private
services and resources (i.e., water, sewer, roads,
etc.) are available to serve the proposed
development…
Consistent: The project site currently enjoys
adequate services and resources to serve the existing
residence along with the proposed additions. The
existing single-family dwelling and detached
residential unit would continue to be served by the
Goleta Water District, the Santa Barbara County Fire
Department, the Goleta Sanitary District and the
Santa Barbara County Sheriff. The proposed project
would not generate new traffic and the surrounding
roads are adequate to serve the existing development.
Land Use Element Hillside and Watershed Policy
#2: All developments shall be designed to fit the
site topography, soils, geology, hydrology, and any
other existing conditions and be oriented so that
grading and other site preparation is kept to an
absolute minimum. Natural features, landforms,
and native vegetation, such as trees, shall be
preserved to the maximum extent feasible. Areas
of the site which are not suited to development
because of known soil, geologic, flood, erosion or
other hazards shall remain in open space.
Consistent: All development has been designed and
oriented to fit the existing topography and conditions
of the site. No removal of native or protected trees is
included as a part of the proposed project. Areas of
the site not suitable for development have not been
included in the development proposal.
Kent Side Setback Modification, 12MOD-00000-00002
Hearing Date: January 28, 2013
Page-4
Goleta Community Plan Policy N-GV-1: Interior
noise-sensitive uses (e.g., residential and lodging
facilities, educational facilities, public meeting
places and others specified in the Noise Element of
the Comprehensive Plan) shall be protected to
minimize significant noise impacts.
5.3
Consistent: The Modification includes a condition
that demolition activity associated with the removal of
the existing carport be limited to the hours between
7:00 a.m. and 4:00 p.m., Monday through Friday, and
prohibited on State holidays (e.g., Thanksgiving,
Labor Day). Non-noise generating activities such as
interior painting would not be subject to these
restrictions (See Condition #4, Attachment B).
Ordinance Compliance
• Chapter 35.82.130 – Modifications in the County Land Use and Development Code (LUDC) states:
The purpose and intent of this Section is to allow for minor modifications of certain zone
standards, where, because of integrity of design, practical difficulties, topography, tree or habitat
protection, or other similar site conditions, minor adjustments to such regulations, requirements,
or standards would result in better project design, land use planning, and resource protection.
Compliant: The site of the proposed project is a normally-shaped lot in the 10-R-1 zone district of the
Goleta Community Plan area. The parcel is subject to a front setback of 50-feet from centerline and 20feet from the edge of the road right-of-way, a rear setback of 20 feet and a 5-foot side setback. The
parcel contains an existing single-family dwelling, a carport and a detached residential second unit. The
SBAR granted preliminary approval for the Modification on January 11, 2013, supporting the proposal to
legalize the existing addition and allowing it to encroach into the side setback by 11-inches via the
Modification as it would contribute to better site design and resource protection, and would not create
new adverse impacts to public views.
• Chapter 35.82.130.B – Applicability in the County Land Use and Development Code states:
Modifications may only be granted in conjunction with a specific development proposal and are limited
to all of the following:
a) Maximum setback reduction of 20 percent. The area of each front, side, or rear setback
areas shall not be reduced by more than 20 percent of the minimum setback area required in
compliance with the applicable zone regulation.
If approved, this Modification would reduce the required 5-foot side setback to 4’-1” only in the area of
the existing SFD addition. The previous conversion of garage space to habitable space would extend into
the existing 5-foot setback in an area totaling less than 24 sq. ft., which is less than 2% of the total area of
the southern side setback. As such, the total setback area reduction is well below the 20% threshold and
would therefore be in compliance with County LUDC Section 35.82.130.B.3(a).
b) Setback reductions for structures, except unenclosed, attached entryways or porches. No
setback reduction for structures, except for unenclosed, attached entryways or porches shall
result in:
1. Side. A side setback depth, as measured from the right-of-way or easement line of a
street, of less than 3 feet.
The reduction of the required 5-foot side setback by a total of 11-inches would result in a side setback
depth of 4’-1” in order to allow the existing dwelling and proposed carport to encroach into the existing
setback area. Therefore, the new addition would be in compliance with Chapter 35.82.130.B.3(b), which
requires at least 3-feet of setback to be maintained.
Kent Side Setback Modification, 12MOD-00000-00002
Hearing Date: January 28, 2013
Page-5
5.4
Board of Architectural Review
Section 35.82.130.D.2 of the County LUDC states that a Modification project shall be scheduled to be heard
by the Board of Architectural Review for preliminary review and approval, before the project is heard by the
Zoning Administrator. On January 11, 2013, the SBAR granted the proposed project Preliminary approval for
the Modification, and indicated that the project was well designed and compatible with the surrounding area.
6.0 APPEAL PROCEDURES
The action of the Zoning Administrator may be appealed to the Planning Commission within the 10 calendar days
following the date of the Zoning Administrator's decision by the applicant or an aggrieved person. The appeal fee
to the Planning Commission is $603.00.
The action of the Planning Commission may be appealed to the Board of Supervisors within the 10 calendar days
following the date of the Planning commission’s decision by the applicant or an aggrieved person. The appeal fee
to the Board of Supervisors is $643.00.
7.0 ATTACHMENTS
A.
B.
C.
D.
E.
Findings for Approval
Conditions of Approval – 12MOD-00000-00002
Environmental Document: Notice of Exemption
Reduced Site Plan
SBAR Minutes, dated September 21, 2012 [January 11, 2013 minutes not yet available]