With two homes proposed for adjacent lots along Painted Cave Road, neighbors say adding new people to the small community will make it harder to evacuate and will increase the risk of fire.
With two homes proposed for adjacent lots along Painted Cave Road, neighbors say adding new people to the small community will make it harder to evacuate and will increase the risk of fire. Credit: Daniel Green / Noozhawk photo

Two proposed homes along Painted Cave Road have drawn resistance from neighbors who say the new development could add too many people to the area and may impede their ability to evacuate if a fire occurs.

The Santa Barbara County Planning Commission is set to consider the project again on Wednesday, when it’s expected to decide whether to approve the homes or deny them based on neighborhood concerns about fire safety and traffic.

The two planned homes would be on adjacent lots on Painted Cave Road that are owned by Laurel Springs Retreat LLC. One home would be 2,880 square feet, and the second would be 3,185 square feet.

The county Planning Commission reviewed the project in December, when applicants said the homes would be meant for families, not large groups, and neighbors expressed concern about fire safety.

The commission voted 4-1 to continue the item to January and consider denying the project.

Neighbor Michelle Peterson, who lives in the Painted Cave community next to one of the lots, appealed the project approval to the county.

She said she became aware of the plans for the lots years ago when a representative for Laurel Springs Ranch informed her and other neighbors. Shortly after, Peterson began following the projects through the county review process.

Peterson said her main concern with the plan is how it could increase the fire risk if the two new houses are built, adding that fire is a constant concern for her and her neighbors, who she said are constantly on edge.

“We’re up here for peace and quiet and beauty, not hotels next to residences,” Peterson said. “Basically, it’s the way I’m thinking about it.”

Representatives for the project said the concerns about an influx of new people are inaccurate. Josh Kaplan, a representative for the applicant, Edward Czucker and his family, told the Planning Commission in December that his client has spent years designing homes that fit the community.

Kaplan said the plan is for one family who currently lives next door on Laurel Springs Ranch to live in one of the homes when they are completed.

“It is three people, two adults and a daughter,” Kaplan said. “There’s no intention of ever stacking this with 30 or 40 people, whatever has been discussed.”

Peterson’s attorney, Marc Chytilo, said the issue is not new homes or development. Chytilo said the size of the proposed homes is about three times larger than the average house in the community.

A larger home could house a larger number of people, and because of the isolated location, many of them, if not all, could have a vehicle, he said. He added that extra traffic on the road could impede services in the future.

“We’re not saying there can’t be any development here,” Chytilo said. “What we’re saying is that whatever development is approved here should only be approved after they’ve studied it and done an environmental impact assessment and modeled, most importantly, model the evacuation of the Painted Cave community, with and without the additional occupancy that the project will add.”

Chytilo also stressed the need for more stringent reviews for homes in areas at high risk for wildfires.

The planning commissioners directed staff to return with findings for project denial, but a staff report for Wednesday showed that they reaffirmed a recommendation for project approval, and denying the appeal.

Staff members submitted a letter to the Planning Commission stating that “staff consulted with the County Fire Department, which reaffirmed the project’s compliance with all applicable development standards set forth in the Fire Code, including those pertaining to defensible space, offsite fuel clearance, and road width requirements.”

Ahead of Wednesday’s meeting, Chytilo submitted a letter criticizing that. He called the staff response “unprecedented” and asked the commission to reject the staff’s recommendation and move forward with a denial.

Painted Cave Road, just off Highway 154, is a long, steep and windy road that leads up the mountains. At the top is a small community of homes.
Painted Cave Road, just off Highway 154, is a long, steep and windy road that leads up the mountains. At the top is a small community of homes. Credit: Daniel Green / Noozhawk photo

Painted Cave Road

Painted Cave Road is just off Highway 154. It is a long, steep and windy road that leads up the mountains through a series of tight turns, blind corners and narrow spots where drivers coming down the mountain will pull to one side to let other vehicles pass.

At the top is a small community of homes nestled together.

One of the voices expressing concerns about the project is retired county fire marshal Rob Hazard, who presented his assessment of Painted Cave Road to the Planning Commission in December.

Hazard, who spent 36 years as a firefighter and retired as the fire marshal, said he was reluctant to wade into the issue when he was first approached by Peterson. He changed his mind when he received the county staff report from Chytilo.

“Obviously, I’m not trying to disparage them, but I just had a lot of issues with their staff report,” Hazard told Noozhawk. “I just didn’t feel that they were addressing the issues that the appellate had brought up.”

Hazard said his concerns about the project are not of the development itself, but the road and its condition, based on his previous experience with it. Hazard said that according to county ordinances, all roads should be at least 20 feet wide.

However, according to his own recent measurements, Hazard said parts of Painted Cave Road are only about 15 feet wide.

“That was the big crux of the issue,” Hazard said. “The existing infrastructure not being adequate for, honestly, any of the homes up there.”

Another issue Hazard raised is that the project could be approved under the current fire code, but he does not believe it follows the intent of the code.

One of his concerns is the lack of defensible space around the planned houses, which he said is less than 100 feet, as called for under the state and local fire code.

Even though the project is exempt from some of the code requirements because of the size of the property, Hazard said a more comprehensive fire plan should be created to ensure that the area is adequately protected.

“All of these codes have an intent,” Hazard said. “It’s not just words; it’s not just regulations that people have to follow because government wants to be a pain in the butt. The code has an intent, and its (…) safety.”

Housing Project

In his comments to the commission, Kaplan, the representative for the project applicant, said the conflict between the two sides was a classic not-in-my-backyard situation.

He added that his client has made multiple secessions and modified the design, such as scaling the homes down and removing planned ADUs.

He added that the ranch, located in the Painted Cave community, has served as a safety area for residents during past fires.

Amy Steinfeld, an attorney for the project, said her client purchased the two lots in 2013 and has been trying to create projects that reflect the community.

Steinfeld added that plans for the project will include fire-safe construction and two water tanks that will allow for everyday use and help in the event of a fire. She added that the plans also retain some of the honeysuckle plants and live oak on the property.

“We work closely with the fire department, with county staff, with all of our experts to ensure that these homes were consistent and would also help meet the county’s critical housing needs,” Steinfeld told Noozhawk.

During its meeting on Dec. 3, most members of the Planning Commission seemed sympathetic to neighbors who came out against the project and the voices of experts expressing concern.

Commissioner C. Michael Cooney, who represents the district the project is in, said the hearing was one of the most memorable in his time on the commission. Even though Cooney said he trusted county staff and the representatives from the Santa Barbara County Fire Department, he was not confident in the project to approve it.

“Honestly, I can’t get (past) the point that if there was a fire up there, the next time there is a fire up there, did I do everything possible to call to everyone’s attention, including the applicant and also the appellant, that there’s a real problem here?” Cooney said. “And I don’t think this record indicates that we’ve done enough.”