Miramar Acquisition Co., LLC – Housing – Mixed-Use Development

2024120478

Santa Barbara County

NOE - Notice of Exemption

12/12/2024

12/12/2024

Willow Brown

County of Santa Barbara

Planner

Lead/Public Agency

Planning and Development 123 E. Anapamu Street
Santa Barbara, CA 93101

(805) 568-2040

wbrown@countyofsb.org

93108

15.99

009-371-007, 009-333-013, and 009-010-004

101

UPRR

Statutory Exemption

21159.25

The proposed project is exempt from CEQA pursuant to CEQA Section 21159.25, Exemption: Residential or Mixed-Use Housing Projects. Section 21159.25 applies to a residential or mixed-use housing project if all of the following conditions are met: 1) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the applicable general plan designation and applicable zoning designation. The subject parcel is designated V, or Resort/Visitor Serving Commercial. The subject parcel is zoned C-V, or Resort/Visitor Serving Commercial. The purpose of the Resort/Visitor Serving Commercial district is to provide for tourist recreational development in areas of unique scenic and recreational value, while providing for maximum conservation of the resources of the site through comprehensive site planning. It is the intent of this district to provide for maximum public access, enjoyment, and use of an area’s scenic, natural, and recreational resources while ensuring preservation of such resources. The project will enhance the tourist recreational development on site with the additional resort shops and will still allow for public access to the coast. Residential uses are allowed in the C-V Zone so long as they are secondary to a primary commercial use on the same lot. A secondary use is defined as two residential bedrooms per 1,000 square feet of total gross floor area of commercial or industrial development. The existing resort floor area totals 169,000 square feet. This would result in 338 bedrooms allowed. The project proposes 50 residential bedrooms. There are also four existing one-bedroom employee housing units, for a total of 54 residential bedrooms. The residential floor area totals 39,126 square feet. Therefore, the proposed residential use is secondary to the primary commercial use on the lot. As discussed in Section 6.3 of the of the Planning Commission staff report dated October 1, 2024, included as Attachment 10 of this Board Letter and incorporated herein by reference, with the approval of the SDBL requests for five waivers/modifications to applicable Article II development standards for floor area ratio, height, number of stories, setbacks, and open space, the project complies with all applicable objective standards. Pursuant to Government Code Sections 65915(e)(1) and 65915(e)(2), a developer can reduce or modify development standards, as defined in the statute, when those requirements will have the effect of physically precluding the construction of a development at the allowed density. The County Planning Commission finds that without the requested waivers, the development at the allowed density would be precluded and therefore, the waivers are granted. As detailed in Section 6.2 of the of the Planning Commission staff report dated October 1, 2024, included as Attachment 10 of this Board Letter and incorporated herein by reference, the proposed project, as conditioned, is consistent with the applicable policies and development standards of the Comprehensive Plan, including objective policies regarding adequate services, noise, and protection of biological resources, visual resources, cultural resources, and water resources. 2) (A) The public agency approving or carrying out the project determines, based upon substantial evidence, that the density of the residential portion of the project is not less than the greater of the following: I. The average density of the residential properties that adjoin, or are separated only by an improved public right-of-way from, the perimeter of the project site, if any. II. The average density of the residential properties within 1,500 feet of the project site. III. Six dwelling units per acre. The density of the residential portion of the project is greater than the average density of the residential properties that adjoin the project site, greater than the average density of the residential properties within 1,500 feet of the project site, and greater than six dwelling units per acre. The project site is approximately 3.077 acres, and proposes 34 units, resulting in a density of approximately 11.3 units per acre. The properties to the north and west are zoned R-1, with a density of one single-family dwelling per lot. Additionally, All Saints By the Sea Church and the Friendship Center adult daycare center are to the west of the project site. The property to the east is zoned DR-4.6, with a density of 4.6 units per acre. The properties to the south are zoned R-1 and are developed with single-family residences. The majority of the properties within 1,500 feet of the project site are zoned R-1 or E-1, with a density of one unit per acre. (B) The residential portion of the project is a multifamily housing development that contains six or more residential units. The project contains 34 residential units. 3) The proposed development occurs within an unincorporated area of a county on a project site of no more than five acres substantially surrounded by qualified urban uses. “Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified. A “qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. The proposed development is located on a 3.077-acre project site in the unincorporated area of Santa Barbara County in a designated urban area, and is bordered by residential uses to the east, residential and public institutional uses to the west, South Jameson Lane and Highway 101 to the north, and residential and transit (railroad) to the south. The parcels on the other side of Highway 101 are developed with residential uses. 4) The project site has no value as habitat for endangered, rare, or threatened species. The project site has no value as habitat for endangered, rare, or threatened species because it is located within the developed resort site in two paved parking lots. There is no environmentally sensitive habitat on the project site. Oak Creek is located near the eastern boundary of the northeast parking lot. Environmentally Sensitive Habitat (ESH) bordering the creek consists of sycamore woodland and coast live oak vegetation. However, the project will be located entirely outside of the required 50-foot ESH buffer, and will have no direct impacts to ESH. The Oak Creek ESH is heavily maintained and manicured in this creek section, and ground vegetation is predominantly non-native ornamentals. The ESH is surrounded by developed areas and experiences frequent human presence. Additionally, the project is conditioned to ensure there are no adverse impacts to a listed or special-status species in the unlikely event they are identified within the project site prior to or during construction activities. The project is conditioned to require pre-construction nesting bird surveys, construction fencing, a Workers Environmental Awareness Program, and a Stormwater Pollution Prevention Plan (Condition Nos. 20, 43, 44, 57, & 58 of Attachment 2-4 of the Board Letter dated December 10, 2024) to ensure there are no significant impacts on any endangered, rare, or threatened species as a result of the project. 5) Approval of the project would not result in any significant effects relating to transportation, noise, air quality, greenhouse gas emissions, or water quality. The project will not result in significant effects related to transportation, noise, air quality, greenhouse gas emissions, or water quality. Transportation: According to the County’s Environmental Thresholds and Guidelines Manual, a significant transportation impact will occur when: a. Potential Conflict with a Program, Plan, Ordinance, or Policy. A transportation impact occurs if a project conflicts with the overall purpose of an applicable transportation and circulation program, plan, ordinance, or policy, including impacts to existing transit systems and bicycle and pedestrian networks pursuant to Public Resources Code Section 21099(b)(1). In such cases, applicants must identify project modifications or mitigation measures that eliminate or reduce inconsistencies with applicable programs, plans, ordinances, and policies. For example, some community plans include provisions that encourage complete streets. As a result, an applicant for a multifamily apartment complex may need to reduce excess parking spaces, fund a transit stop, and/or add bike storage facilities to comply with a community plan’s goals and policies. b. Potential Impact to VMT. The County expresses thresholds of significance in relation to existing, or baseline, county VMT. Specifically, the County compares the existing, or baseline, county VMT (i.e., pre-construction) to a project’s VMT. Projects with VMT below the applicable threshold would normally result in a less than significant VMT impact and, therefore, would not require further analyses or studies. Projects with a VMT above the applicable threshold would normally result in a significant VMT impact and, therefore, would require further analyses and studies, and, if necessary, project modifications or mitigation measures. CEQA Guidelines Section 15064.3 establish VMT as the most appropriate measure of transportation impacts under CEQA. The County presumes that land use or transportation projects meeting any of the screening criteria will have less than significant VMT impacts and will not require further analysis. County thresholds identify Small Projects as a project that generates 110 or fewer average daily trips. The VMT thresholds of significance are for general use and should apply to most projects subject to environmental review. However, the thresholds may not be appropriate for unique projects. In such cases, CEQA Guidelines Section 15064.7(c) allows the County to use other thresholds “… on a case-by-case basis as provided in Section 15064(b)(2).” The OPR Technical Advisory recommended thresholds for land use projects including Residential, Employment, Regional Retail, Mixed-Use Projects, and Other Land Use types. c. Design Features and Hazards. Threshold “c” considers whether a project will increase roadway hazards. An increase could result from existing or proposed uses or geometric design features. In part, the analysis should review these and other relevant factors and identify results that conflict with the County’s Engineering Design Standards or other applicable roadway standards. d. Emergency Access. Threshold “d” considers any changes to emergency access resulting from a project. To identify potential impacts, the analysis must review any proposed roadway design changes and determine if they will potentially impede emergency access vehicles. Impact Discussion: (a) Potential Conflict with a Program, Plan, Ordinance, or Policy. The Santa Barbara County Association of Governments (SBCAG) 2040 Regional Transportation Plan and Sustainable Communities Strategy (SBCAG, 2013) and the County’s Comprehensive Plan, zoning ordinances, capital improvement programs, and other planning documents contain transportation and circulation programs, plans, ordinances, and policies. A transportation impact occurs if a project conflicts with the overall purpose of an applicable transportation and circulation program, plan, ordinance, or policy, including impacts to existing transit systems and bicycle and pedestrian networks pursuant to Public Resources Code Section 21099(b)(1). As detailed in Section 6.2 of the Planning Commission staff report dated October 1, 2024, included as Attachment 10 of this Board Letter and incorporated herein by reference, the project is consistent with all transportation and circulation policies. The project will not result in conflicts with an applicable Program, Plan, Ordinance, or Policy related to transportation, and therefore, will result in an insignificant impact. (b) Potential Impact to VMT. The County presumes that land use projects meeting any of the screening criteria, absent substantial evidence to the contrary, will have less than significant VMT impacts and will not require further analysis. The applicant included a Traffic and VMT (Vehicle Miles Traveled) Analysis, which evaluated the potential trip generation of the proposed project. Mixed-use projects are analyzed by evaluating each project component independently. The screening threshold for residential uses is whether the project VMT exceeds a level of 15 percent below existing County VMT for home-based VMT per resident. The County threshold is 14.8 VMT per resident, and the project will generate 11.1 VMT per resident. The residential portion of the project will not have a significant traffic impact. The screening threshold for the commercial component of the project is 50,000 square feet for locally serving retail uses. The project consists of 17,500 square feet of commercial development and is therefore below this threshold. The retail component of the project is anticipated to reduce VMT in the County by providing new dining and retail opportunities for hotel guests (approximately 50% of customers), on-site residents/employees, as well as existing residents and employees in the surrounding areas of Montecito (approximately 35% of customers). The commercial portion of the project will not have a significant traffic impact. (c) Design Features and Hazards. The proposed project involves construction of 34 new apartments and 17,500 square feet of resort shops and a café. Access to the project site will be provided via an existing driveway off South Jameson Lane. The proposed driveway improvements are designed to be consistent with the County’s driveway standards, and will not result in hazards due to a geometric design feature. The project will not result in roadway improvements to roads in the vicinity that introduce safety hazards. Further, the proposed project involves construction of multi-family dwellings and retail consistent with the existing resort and with the C-V Zone, and will not increase hazards due to incompatible uses. Therefore, the project will not result in hazards due to a geometric design feature or incompatible uses, and impacts will be insignificant. (d) Emergency Access. During project construction, all construction trucks, equipment, and materials will be staged on-site. The proposed access improvements included as part of the project are designed to comply with Montecito Fire Protection District standards and will not result in inadequate emergency access. Therefore, impacts related to emergency access are insignificant. Noise: The project will not result in any significant effects relating to noise. An Environmental Noise Impact Study prepared by Acoustical Engineering Services, Inc., dated July 2024, evaluated the potential noise and vibration impacts from the construction and operation of the project. According to the County’s Environmental Thresholds and Guidelines Manual, a significant noise impact will occur if: 1. Existing exterior noise levels experienced by sensitive receptors is below 65 dBA and the project will generate exterior noise levels exceeding 65 dBA. 2. Existing interior noise levels experienced by sensitive receptors is below 45 dBA, and the proposed project will generate noise levels exceeding 45 dBA. Pursuant to the Environmental Noise Impact Study, operational noise levels from noise sources associated with the project, including mechanical equipment, parking facilities, and off-site traffic, will have a maximum level of 54.7 dBA at the nearest sensitive receptor locations. When added to the ambient noise level there will be a maximum noise increase of two dBA, and the operational noise level will still be well under the maximum of 65 dBA. Based on the estimated existing and future traffic volumes along South Jameson Lane, the proposed apartment buildings facing South Jameson Lane will be exposed to noise levels of up to 65.9 dBA. Typical new building construction will provide a minimum exterior/interior noise reduction of 30 dBA, resulting in an interior noise level of 35.9 dBA. The nearest outdoor living area will be the lawn area located between Building A and Building B on the site plan. Based on the distance from South Jameson Lane, the maximum exterior noise level will be approximately 61.9 dBA. Construction activities will temporarily increase noise levels in the vicinity of the project site. The project includes best management practices, including temporary sound barriers between the construction areas and surrounding sensitive uses, and noise-generating equipment having noise control devices including mufflers, lagging, and/or motor enclosures (Condition Nos. 47 and 48 of Attachment 2-4 of the Board Letter dated December 10, 2024). Temporary construction-related noise impacts will be addressed through implementation of Condition No. 25 of Attachment 2-4 of the Board Letter dated December 10, 2024, which limits noise generating construction activity to between the hours of 7:00 a.m. and 4:30 p.m. on weekdays. Noise generating construction activity is prohibited on weekends and State holidays. Air Quality: Short-Term Construction Impacts. Project construction would require site preparation, grading, demolition, building construction, and paving activities, which would temporarily produce air pollutant emissions. Emissions of ozone precursors (NOx and ROC) during project construction would result primarily from the on-site use of heavy earthmoving equipment. Due to the limited period of time that grading activities would occur on the project site, construction-related emissions of NOx and ROC would not be significant on a project-specific or cumulative basis. However, due to the non-attainment status of the air basin for ozone, the project should implement measures recommended by the APCD to reduce construction-related emissions of ozone precursors to the extent feasible. Compliance with these measures is routinely required for all new development in the County. Long-Term Operation Emissions. Long-term emissions are typically estimated using the CalEEMod computer model program. However, the proposed project, consisting of 34 new residential units and 17,500 square feet of resort shops and a café, is below threshold levels for significant air quality impacts, pursuant to the screening table maintained by the Santa Barbara County APCD. The screening table indicates that a housing project involving condominiums or apartments of fewer than 200 units will likely not exceed the air quality threshold. Additionally, a “strip mall” retail use of less than 64,000 square feet will likely not exceed the air quality threshold. Therefore, the proposed project does not have a potentially significant long-term impact on air quality. Greenhouse Gas Emissions: Analysis of the project using CalEEMod v.2022.1 concludes that annual operational greenhouse gas (GHG) emissions for the project would be 584 MTCO2e/year. This includes the amortized GHG emissions over 30 years due to construction of 32 MTCO2e/year, and operational emissions including area sources (landscaping equipment), energy use, water supply and treatment, solid waste disposal, and vehicle trips. 584 MTCO2e/year is above the County’s Screening Threshold of 300 MTCO2e/year, and therefore the GHG emissions for the project are compared against the Significance Threshold for potential significant environmental impacts. The Significance Threshold is 3.8 MTCO2e per service population per year. Service population is the total number of residents and/or jobs anticipated to be generated by the project. The project is anticipated to result in 96 full-time residents (based on CalEEMod default for the total number of dwelling units), 50 full-time resort shop employees, and 11 full-time café employees (based on a project-specific estimate). The total service population would be 157, resulting in 3.7 MTCO2e per service population per year. Projects with GHG emissions less than the Significance Threshold would normally result in an insignificant impact and would not require further analyses or studies. Therefore, the project will not have a significant impact on GHG emissions. Water Quality: The project will not have a significant impact on water quality. The project is conditioned to require an Erosion Control Plan and a Storm Water Pollution Prevention Plan to reduce erosion from construction activities and prevent sediment in storm water discharges. Additionally, the project is required to comply with Tier 4 requirements delineated in the County of Santa Barbara Stormwater Technical Guide for Low Impact Development. Two underground infiltration basins will be utilized to treat and retain runoff. Portions of the project site are located within the FEMA Regulatory Floodplain Zone AE and the FEMA Recovery Map High Hazard Area. A Base Flood Elevation (BFE) analysis was conducted for the project site. The finish floor elevations for all structures were set two feet above the Advisory Flood Elevation (BFE plus two feet). The project will be supplied water from the Montecito Water District. The Montecito Water District has indicated that they have adequate water to supply the proposed project. The project will not significantly impact water supplies. 6) The site can be adequately served by all required utilities and public services. The project site can be adequately served by all required utilities and public services. The site is served by the Montecito Water District, the Montecito Sanitary District, and the Montecito Fire Protection District. The Montecito Water District issued a Certificate of Water Service Availability, stating that the District can give preliminary approval to the subject property for the proposed development. The Montecito Sanitary District issued a Sewer Availability Letter stating that sanitary sewer service is available for the proposed development. These letters are included as Attachment D to the Planning Commission staff report dated October 1, 2024, included as Attachment 10 of this Board Letter and incorporated herein by reference. The Montecito Fire Protection District reviewed the proposed project and provided a condition letter dated September 10, 2024, stating that the project meets the minimum fire access requirements. The project will take access from South Jameson Lane. The project was reviewed and approved by Public Works Transportation, and they issued a condition letter dated September 20, 2024. Police protection services will be provided by the County Sheriff. 7) The project is located on a site that is a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. The project site is located on a legal lot created by a Voluntary Lot Merger recorded March 25, 2016, as Instrument No. 2016-0014107 of Official Records. The parcel is located within the Census-designated Santa Barbara Urban Area.