CP Land Investors LLC - Housing Development

2025101486

Santa Barbara County

NOE - Notice of Exemption

10/30/2025

10/30/2025

Tatiana Cruz

County of Santa Barbara

Planner

Lead/Public Agency

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

(805) 568-2082

cruzt@countyofsb.org

Lonnie Roy

CP Land Investors LLC

Applicant

Project Applicant

P.O. Box 598
Santa Barbara, CA 93102

(805) 896-7896

lroy@architects-ca.com

Camino Pescadero

0.82

075-020-007

101

Statutory Exemption

21159.25

(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 objective policies and applicable zoning designation and objective regulations, pursuant to the Housing Accountability Act (HAA). Under the HAA, an eligible housing development project that is consistent with objective general plan, zoning, and subdivision standards and criteria cannot be disapproved or conditioned to lower density unless the decision-maker finds, supported by a preponderance of the evidence in the record, that the project: 1) would have a specific, adverse impact upon the public health or safety; and 2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Under the HAA, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete; and “objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. The subject parcel is designated RES-20 (Residential) in the general plan and is zoned SR-H-20 (High Density Student Residential). Per Article II, Section 35-77.1, the purpose and intent of the High Density Student Residential Zone District is “to provide for residential development which is unique to a student-oriented community. The intent is to provide for multiple residential development at moderate densities to mitigate potential adverse impacts on traffic, parking, open space, aesthetics, health, and safety and to encourage the combining of substandard lots to allow for a more efficient utilization of space. The provision of affordable housing within this district shall be encouraged.” The project proposes a 21,816-sq.-ft., 24-unit housing development on a 0.82-acre parcel in Isla Vista, a student-oriented community. Three units will be restricted to very low income and three additional units will be restricted to moderate income. The project is consistent with the purpose and intent of the SR-H-20 Zone District and will provide an additional residential development, including affordable housing units, which will serve the student-oriented community of Isla Vista. The proposed density is consistent with the surrounding residential developments in Isla Vista and will be a more efficient utilization of space, as the project area is currently a vacant lot. As discussed in Section 6.2 and 6.3 of the staff report dated August 26, 2025, incorporated herein by reference, the proposed project, as conditioned, is consistent with the applicable objective policies and development standards of the Comprehensive Plan regarding adequate services, cultural resources, hillside and watershed protection, housing, noise, and water resources/flooding, and compliant with applicable objective zoning standards. With the approval of the State Density Bonus Law (SDBL) requests for two incentives/concessions to the applicable Article II CZO development standards for height and bedroom density, and an alternative parking ratio of 1.5 spaces per three-bedroom unit provided through tandem parking and uncovered parking, the project complies with all applicable objective standards. As stated in Attachment A of the staff report dated August 26, 2025, incorporated herein by reference, the County Planning Commission finds that the project qualifies for the two incentives/concessions. (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 project is for a 24-unit housing development with a density of approximately 29 units per acre. The surrounding properties are zoned SR-H-20, with a density of 20 dwelling units per acre. Therefore, 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. (B) The residential portion of the project is a multifamily housing development that contains six or more residential units. The project is for a 21,816-sq.-ft. net (24,144 sq. ft. gross) housing development consisting of 24 three-bedroom units and associated site improvements. The housing development is comprised of two 3-story apartment buildings. (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. The project is located within an unincorporated area of the county on a site of 0.82-acres and is substantially surrounded by existing urban development including single family and multifamily development, student housing, the University of California, and major transit stops. “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 project is an infill lot and is adjoined by residential uses on all sides. (4) The project site has no value as habitat for endangered, rare, or threatened species. There is no habitat for endangered, rare, or threatened species on the project site. As discussed in Section 6.2 of this staff report dated August 26, 2025, incorporated herein by reference, the project is not located on or within 250 feet of a parcel designated with a Habitat Area overlay, nor does it affect any environmentally sensitive habitat area (ESHA). According to the Biological Resources Assessment Report prepared by Dudek in June 2024, no ESHA exists on the project site, and the nearest designated critical habitat is located approximately 0.73 miles away. The project site is located in a highly urbanized area characterized by high-density student housing and other developed uses, which substantially limits the potential for viable habitat. (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 the proposal results in the following: 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. Impact Discussion: As discussed in Section 6.2 and 6.3 of the staff report dated August 26, 2025, incorporated herein by reference, the project is consistent with all transportation and circulation policies. The project proposes 37 on-site parking spaces and 144 total bicycle parking spaces. The project site is located less than ½ mile from a major transit stop and proposes pedestrian access improvements to connect pedestrians to existing sidewalk along Camino Pescadero, an existing paved public road. The project has several alternative transportation options and these measures mitigate traffic and reduce vehicle dependency. The project will not result in conflicts with an applicable Program, Plan, Ordinance, or Policy related to transportation, and therefore, will not result in significant impacts. 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(a) states “vehicle miles traveled is the most appropriate measure of transportation impacts.” 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. A single-component project (e.g., residence, office, or store) only needs to meet one of the screening criteria. Impact Discussion: The applicant provided a Trip Generation and Vehicle Miles Traveled (VMT) Analysis, prepared by Associated Transportation Engineers, dated September 18, 2024, which evaluated the potential trip generation of the proposed project, site access and circulation, and peak parking demand. Using the County’s VMT Tool, it was determined that the proposed project, which involves construction of 24 new apartments, will result in fewer than 110 average daily trips. The VMT Tool estimated an average of 107 daily trips. The project meets the screening criteria for small projects, and therefore, the project will not have a significant impact related to VMT. c. Design Features and Hazards. This threshold 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. Impact Discussion: The project proposes construction of a 24-unit residential structure. Access to the project site will be provided from private driveway easements off Camino Pescadero. The proposed access was reviewed by the County Public Works Department and the County Fire Department for consistency with the County’s Engineering Design Standards and other applicable roadway standards. County Public Works, Transportation Division, reviewed the project and determined the project is consistent with applicable County Engineering Design Standards. Both County Public Works and County Fire determined that the design is acceptable and that the site has adequate access. Driveway improvements within existing private easements and County road right of way are proposed as part of this project and will be constructed in compliance with the Department Condition Letters (Condition No. 26, Attachment B). The project will not result in hazards due to a geometric design feature. Further, the proposed project involves construction of multi-family dwellings, which is consistent with the allowable residential uses in the SR-H Zone District, 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 will not result in significant impact. d. Emergency Access. This threshold 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: The proposed access improvements included as part of the project are designed to comply with County Fire Department standards and will not result in inadequate emergency access. County Fire reviewed the proposed project, including access, and determined the project is acceptable as conditioned (Condition No. 26, Attachment B). All fire access improvements will be installed prior to final building clearance. During project construction, all construction trucks, equipment, and materials will be staged on-site in compliance with Condition Nos. 17 and 18, Attachment B. Therefore, impacts related to emergency access are insignificant. Noise: According to the County’s Environmental Thresholds and Guidelines Manual, a significant noise impact will occur when the proposal results in the following: a. If existing exterior noise levels, including at outdoor living areas, experienced by sensitive receptors is below 65 dB(A) CNEL, and if the proposed project will generate noise that will cause the existing noise levels experienced by the sensitive receptors to exceed 65 dB(A) CNEL – either individually or cumulatively when combined with other noise-generating sources – then the proposed project is presumed to have a significant impact. b. If existing exterior noise levels, including at outdoor living areas, experienced by sensitive receptors exceeds 65 dB(A) CNEL, and if the proposed project will generate noise that will cause the existing noise levels experienced by the sensitive receptors to increase by 3 dB(A) CNEL – either individually or cumulatively when combined with other noise-generating sources – then the proposed project is presumed to have a significant impact. c. If existing noise levels experienced by sensitive receptors in interior livings areas is below 45 dB(A) CNEL, and if the proposed project will generate noise that will cause the existing noise levels experienced by the sensitive receptors in interior living areas to exceed 45 dB(A) CNEL – either individually or cumulatively when combined with other noise-generating sources – then the proposed project is presumed to have a significant impact. d. If existing noise levels experienced by sensitive receptors in interior livings areas exceeds 45 dB(A) CNEL, and if the proposed project will generate noise that will cause the existing noise levels experienced by the sensitive receptors in interior living areas to increase by 3 dB(A) CNEL – either individually or cumulatively when combined with other noise-generating sources – then the proposed project is presumed to have a significant impact. e. Noise from grading and construction activity proposed within 1,600 feet of sensitive receptors, including schools, residential development, commercial lodging facilities, hospitals or care facilities, would generally result in a potentially significant impact. According to EPA guidelines (see Figure 2) average construction noise is 95 dB(A) at a 50' distance from the source. A 6 dB drop occurs with a doubling of the distance from the source. Therefore, locations within 1,600 feet of the construction site would be affected by noise levels over 65 dB(A). To mitigate this impact, construction within 1,600 feet of sensitive receptors shall be limited to weekdays between the hours of 8 AM to 5 PM only. Noise attenuation barriers and muffling of grading equipment may also be required. Construction equipment generating noise levels above 95 dB(A) may require additional mitigation. Impact Discussion: The project will not result in any significant effects relating to noise. The project is for multi-family and affordable residential development in a developed residential neighborhood in the urban area of the County. As a result, the project will not result in long-term noise generation that exceeds normal levels in a residential setting. The project site is an interior lot and is not adjacent to any public roadways, however the site may be subject to periodic exterior noise from nearby roadways (Camino Pescadero) in excess of 65 dBA. Nonetheless, the California Building Code requires interior noise levels to be under 45 dBA through the building’s construction materials when doors and windows are closed and the project will comply with California Building Code prior to building permit issuance. Construction activities may temporarily increase noise levels in the vicinity. Condition No. 12 of Attachment B to the staff report dated August 26, 2025, limits noise generating construction activity between the hours of 7:00 a.m. and 4 p.m. on weekdays, consistent with the noise policies in the Goleta Community Plan. Noise generating construction activity is prohibited on weekends and State holidays. Air Quality: According to the County’s Environmental Thresholds and Guidelines Manual, a significant adverse air quality impact will occur when a project, individually or cumulatively, triggers any one of the following: a. interferes with progress toward the attainment of the ozone standard by releasing emissions which equal or exceed the established long-term quantitative thresholds for NOx and ROC; b. equals or exceeds the state or federal ambient air quality standards for any criteria pollutant (as determined by modeling) Impact Discussion: 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 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 will implement measures as outlined in the APCD condition letter, included as Condition No. 26, Attachment B, 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 emissions are typically estimated using the CalEEMod computer model program. However, the proposed project consists of 24 new residential units, which 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 400 units will likely not exceed the air quality threshold. Therefore, the project will not result in significant long-term emissions impacts, as the 24 proposed units is significantly less than the 400-unit threshold. Greenhouse Gas Emissions: The County-adopted screening criteria is 55,000 square feet for multi- family housing, based on a square footage metric that follows the Screening Threshold of 300 MTCO2e/year for non-industrial stationary source projects. Historical permit research indicates that multi-family housing projects of less than 55,000 square feet typically emit less than 300 MTCO2e/year, by the year 2030. Impact Discussion: The project is for non-industrial development and proposes a 24,144 gross square foot 24-unit housing development, which falls below the County adopted Screening Criteria of 55,000 square feet for multi-family housing and therefore will not generate greenhouse gas emissions, either directly or indirectly, that will have a significant effect on the environment. The project is below the County adopted threshold of 55,000 square feet for multi- family housing. Furthermore, there is no substantial evidence, based on the project type, that indicates anticipated emissions will exceed the screening criteria or conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The proposed 24-unit apartment complex will be constructed in an urban area on a relatively flat lot. Grading is limited to 97 cubic yards of cut and 1,238 cubic yards of fill. Therefore, the project does not result in extensive demolition or grading. The project will meet the current Title 24 Building Code requirements for energy efficient construction and appliances. Typical construction equipment will be used during demolition and construction, and site disturbance will be commensurate with the type and size of this multi-family residential project. The project’s incremental contribution to a cumulative effect is not cumulatively considerable and the project’s greenhouse gas emissions will have an insignificant impact on the environment. Water Quality: The assessment of water quality impacts accounts for construction-related impacts (i.e., vegetation removal, erosion, use of construction materials on the site, and staging of construction activities) and post-construction (or post-development) impacts (i.e., increases in impervious surfaces and increased runoff, entrainment of pollutants, and effects of discharges on aquatic habitats and biota). According to the County’s Environmental Thresholds and Guidelines Manual, a significant water quality impact is presumed to occur if the project is the following: a. It is located within an urbanized area of the county and the project construction or redevelopment individually or as a part of a larger common plan of development or sale would disturb one (1) or more acres of land; b. Increases the amount of impervious surfaces on a site by 25 percent or more; c. Results in channelization or relocation of a natural drainage channel; d. Results in removal or reduction of riparian vegetation or other vegetation (excluding non-native vegetation removed for restoration projects) from the buffer zone of any streams, creeks or wetlands; e. Is an industrial facility that falls under one or more of categories of industrial activity regulated under the NPDES Phase I industrial storm water regulations (facilities with effluent limitation; manufacturing; mineral, metal, oil and gas, hazardous waste, treatment or disposal facilities; landfills; recycling facilities; steam electric plants; transportation facilities; treatment works; and light industrial activity); f. Discharges pollutants that exceed the water quality standards set forth in the applicable NPDES permit, the Regional Water Quality Control Board’s (RWQCB) Basin Plan or otherwise impairs the beneficial use of a receiving waterbody; or Results in a discharge of pollutants into an “impaired” waterbody that has been designated as such by the State Water Resources Control Board or the RWQCB under Section 303 (d) of the Federal Water Pollution Prevention and Control Act (i.e., the Clean Water Act). g. Results in a discharge of pollutants of concern to a receiving water body, as identified in by the RWQCB. Impact Discussion: The project will not have a significant impact on water quality. As discussed in Section 6.2 of this staff report, dated August 26, 2025, and incorporated herein by reference, the site is not subject to known soil, geologic, flood, or erosion hazards. The project is limited to residential uses and proposes a 24,144 sq. ft. gross development consisting of two apartment buildings and is limited to 97 cubic yards of cut and 1,238 cubic yards of fill, located in an urbanized area of the County. The project site is less than an acre in size. The applicant submitted a Hydrology report prepared by RRM Design Group dated May 2025, to assess the project site and identify pre-development and post-development drainage conditions and concludes that the project treats runoff with an appropriately sized treatment system and prevents offsite discharge. There are no streams, creeks or wetlands on the property and the project does not propose removal of any riparian vegetation nor does it propose to channelize or alter any natural drainage patterns on site. Additionally, the project is supported by a Tier 3 Stormwater Control Plan, and a Long-Term Operation and Maintenance Plan prepared by RRM Design Group, which collectively ensures that the project is designed to manage drainage and site runoff in accordance with site-specific conditions. The project complies with Tier 3 requirements delineated in the County of Santa Barbara Stormwater Technical Guide for Low Impact Development. The project including the Stormwater Control Plan prepared by RRM Design Group, dated May 2025, was reviewed by the County Flood Control and Project Clean Water staff and determined to satisfy requirements, and the project is conditioned to comply with Flood Control and Project Clean Water requirements, include in Attachment B, Conditions of Approval. The project includes substantial and permanent Stormwater treatment and site stabilization measures, including 14,841 square feet of permeable pavement and a 9,308 square foot underground water storage tank. These features are designed to promote infiltration, reduce runoff, and minimize erosion risks both during and after construction. The Goleta Water District has indicated that they have adequate water to supply the proposed project. As such, 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 including water, sewer, access, fire protection, and police protection. The site will be served by the Goleta Water District, the Goleta West Sanitary District, and the Santa Barbara County Fire Department. The Goleta Water District issued a preliminary determination letter dated February 22, 2024, stating that there is sufficient water supply available to serve the project. The Goleta West Sanitary District issued a Sewer Service Availability letter dated January 8, 2024, stating that adequate sewage collection, treatment, and disposal capacity is currently available to serve the project. These letters are included as Attachment E to the staff report dated August 26, 2025, incorporated herein by reference. Access will continue to be provided from an existing driveway off Camino Pescadero. The driveway will be widened to a minimum width of 26 feet in compliance with Fire Department requirements. The Santa Barbara County Fire Department reviewed the project and provided a condition letter dated January 14, 2025, requiring paved access ways, stairway access to roof, one new fire hydrant, and an automatic fire sprinkler system. These improvements will be constructed prior to final building clearance. Police protection will be provided by the County Sheriff. The Santa Barbara County Public Works Department, Transportation Division reviewed the project and provided a condition letter requiring a Road Encroachment Permit, and payment of fees. Compliance with these condition letters is required by Condition No. 26 of Attachment B. (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 is located on a legal parcel within the urbanized area as designated by the United States Census Bureau. The subject property complies with the Subdivision Map Act and County ordinances, as described in the recorded Certificate of Compliance on Assessor’s Parcel No. 075-020-007, recorded in Official Records, Document No. 2023-0024428, dated August 21, 2023. This exemption does not apply to a residential or mixed-use housing project if any of the following conditions exist: (1) The cumulative impact of successive projects of the same type in the same place, over time is significant. This condition does not exist, because the cumulative impact of successive projects of the same type in the same place, over time would not be significant. The project is located on an infill lot within an urban area where the construction of residential dwellings is both commonplace and allowable by ordinance. The project is compatible with the existing residential neighborhood that is currently developed with single-family, multi-family, and student housing, and the University of California. Additional structural development of the same type that is developed in conformance with applicable ordinance and policy regulations where allowed by the zoning would not result in a cumulatively significant impact. (2) There is a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. This condition does not exist, because there is no substantial evidence that the proposed project involves unusual circumstances, including future activities, resulting in or which might reasonably result in significant impacts which threaten the environment. The project proposes a 21,816-sq.-ft. net (24,144 sq. ft. gross) housing development consisting of 24 three-bedroom units and associated site improvements. The housing development is comprised of two 3-story apartment buildings. There are adequate services to serve the proposed development, there is no environmentally sensitive habitat on the site, and no Oak tree removal is proposed. An existing Oak tree will be protected in place during construction (See Condition 9, Attachment B). (3) The project may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This condition does not exist, because the project is not located within an area visible from a highway officially designated as a state scenic highway and will not result in damage to any protected or scenic resource. No native or specimen trees will be removed as part of this project. An existing Oak tree will be protected in place during construction (See Condition 9, Attachment B). There will not be damage to any historic buildings or resources as the project is located on a vacant infill lot. (4) The project is located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. This condition does not exist, because the project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. In addition, there is no evidence of historic or current use or disposal of hazardous or toxic materials on the project site. (5) The project may cause a substantial adverse change in the significance of a historical resource. This condition does not exist, because the project is located on a vacant infill lot and will not cause a substantial adverse change in the significance of a historical resource. The project site does not contain any historical resources as defined by CEQA. (6) The project may cause a substantial adverse impact to tribal cultural resources, as defined in Section 21074. This condition does not exist, because the project will not cause a substantial adverse impact to tribal cultural resources, as defined in Section 21074. The project site does not contain any known tribal cultural resources as defined by Section 21704. In addition, as discussed in Section 6.2 of this staff report, dated August 26, 2025, incorporated herein by reference, in the event that any inadvertent discovery of cultural materials occurs during ground disturbance, the project is conditioned to stop work immediately and contact Planning and Development staff and retain a County-qualified archeologist and Native American representative in the event a cultural resource or human remains are found on-site and shall comply with cultural resource policies and the County’s Cultural Resources Guidelines (Condition No. 11 of Attachment B).