PLANNING COMMISSIO NCOUNTY OF MONTEREY, STATE OF CALIFORNIA
RESOLUTION NO . 06060
A. P. # 423-251-034-000 and423-071-059-00 0
FINDINGS AND DECISIONIn the matter of the application ofLawrence (Country Lake Estate) (PLN040103)
WHEREAS : The Planning Commission, pursuant to regulations established by local ordinance and state law ,has considered, at public hearing, a Combined Development Permit . This Combined Development Permit(Country Lake Estates /Hansen PLN040103 and GPZ06006) allows :
• A General Plan Amendment to change the land use designation (1) from Rural Density Residential t oLow Density Residential on approximately 40 acres of the subject property (70970 New Pleyto Road ;APN423-071-059-000) and (2) from Commercial to Low Density Residential on approximately 2 .5acres of the subject property to reflect the demarcation as shown in the applicant's November 200 5Vesting Tentative Map submittal (eastern portion of 70850 New Pleyto Road ; APN423-251-034-000) ;
• A Zone change (1) from RDR/5 .1 (Rural Density Residential, 5 .1 acres per unit) to LDR/1B-6 (Lo wDensity Residential, 1 acre per unit, no further subdivision) on approximately 40 acres of the subjec tproperty (70970 New Pleyto Road; APN423-071-059-000), (2) from HC (Heavy Commercial) to LDR/l(Low Density Residential 1 acre per unit) on approximately 2 .5 acres of the subject property to reflectthe demarcation as shown in the applicant's November 2005 Vesting Tentative Map submittal (easternportion of 70850 New Pleyto Road; APN423-251-034-000), and (3) (2) to add a B-6 overlay (no furthersubdivision) to all existing LDR/l property;
• A standard subdivision vesting tentative map to divide two properties totaling 92 acres into 52 market-rate single family parcels ranging in size from 1 .0 acre to 5 .1 acres and 5 commercial parcels locate dadjacent to New Pleyto Road .(Lot Pattern #1) .
• A use permit for a mutual water system;• A use permit to continue automobile and recreational vehicle storage on all commercial lots ; and• A General Development Plan.
The property is located at 70850 and 70970 New Pleyto Road, Bradley . Assessors Parcel Numbers 423-251-034 -000 and 423-071-059-000 . South County Area Plan, and came on regularly for hearing before the Plannin gCommission on December 13, 2006 .
WHEREAS : Said Planning Commission, having considered the application and the evidence presented relatingthereto,
FINDINGS OF FACT
1 . FINDING: CONSISTENCY . The project proposed in this application, consisting of a Combine dDevelopment Permit and Vesting Tentative Subdivision Map (Country Lake Estates : File #sGPZ060006 / PLN040103), as described in Condition #1 for Lot Pattern #1, conforms with th epolicies, requirements and standards of the Monterey County Subdivision Ordinance (Title 19) ,the General Plan, South County Area Plan, and the Monterey County Zoning Ordinance (Title21) .
EVIDENCE:(a) The text, policies, and regulations in the above referenced documents have bee n
evaluated during the course of review of applications .i. The 1982 Monterey County General Plan
ii. The South County Area Plan .iii. Chapters of the Monterey County Zoning Ordinance : 21 .14 Regulations for
Low Density Residential Zoning Districts ; 21 .16 Regulations for RuralDensity Residential Zoning Districts ; 21.20 Regulations for HeavyCommercial Zoning Districts ; 21 .76 Combined Development Permits ; and21 .74 Use Permit for Mutual Water Systems ;
iv. Chapters 19.03, 19.05 and 19.10 of the Monterey County Code Title 1 9Subdivision Ordinance .
No conflicts were found to exist .(b) The property is located at 70850 & 70970 New Pleyto Road, Bradley (Assessor's Parce l
Numbers 423-071-059-000 and 423-251-034-000), South County Area Plan . The parcelsare zoned RDR/5 .1 (Rural Density Residential, 5 .1 acres per unit) and LDR/1 (Lo wDensity Residential 1 acre per unit) . The subject property complies with all the rules an dregulations pertaining to zoning uses and any other applicable provisions of Title 21, andis therefore suitable for the proposed development .
(c) The project planner conducted site inspections in 2004, 2005 and 2006 to verify that th eproject on the subject parcel conforms to the plans listed above .
(d) The Department of Environmental Health (DEH), determined that the required reportin gand documentation and observance of pump tests at the property meet County standards .The project was deemed complete by DEH and conditions of approval have bee nrecommended .
(e) The project includes a request for a Vesting Tentative Subdivision Map (Lot Pattern #1) ,Mutual Water System, and General Development Plan inclusive of RV Storage .
(f) No Land Use Advisory Committee (LUAC) currently represents this area, therefore, n orecommendation from such a group has been made .
(g) The application, plans, and related support materials submitted by the project applicant tothe Monterey County Planning Department for the proposed development found inProject Files GPZ060006 and PLN040103 .
(h) See the following findings and related evidence .
2. FINDING: SITE SUITABILITY. The site is physically suitable for the use proposed .EVIDENCE :
(a) The proposed development has been reviewed by the Monterey County PlanningDepartment, Water Resources Agency, Public Works Department, Environmental Healt hDivision, Parks and Recreation Department, Redevelopment and Housing Division, and theapplicable Fire Department. There has been no indication from these agencies that the site i snot suitable for the proposed development . The Initial Study demonstrates that no physicalor environmental constraints exist that would indicate the site is not suitable for th eproposed development . Each agency has recommended conditions for subdivisio nimprovements .
(b) Technical reports by Biological, Archaeological, Geological, Geotechnical and Traffi cconsultants indicated that there are no physical or environmental constraints that woul dindicate that the site is not suitable for the use proposed . County staff concurs . Thefollowing reports have been prepared :
Lawrence (Country Lake Estate) (PLN040103 )Page 2
1. Project Specific Hydrological Report-Country Lake Estates New Pleyto Road ,Bradley, California (LIB060151) . Prepared by Geomatrix Consultants, April2005 .
2. Project Specific Hydrological Report-Country Lake Estates New Pleyto Road ,Bradley, California (no Library number as of the publishing of the staff report) .Prepared by Geomatrix Consultants, March 2006 .
3. Geologic Hazards Investigation 70850 and 70970 New Pleyto Road Bradley ,Monterey County, California 93426 . (LIB060175) Prepared by Sierra Delt aCorporation (DRC) 2004 .
4.
Percolation Data Report-Leach Line Method . (LIB060185) Prepared by Mid-Coast Geotechnical Inc . (MCG) April 23, 2004 .
5.
Percolation Data Report-Leach Line Method . (LIB060208) Prepared by Mid-Coast Geotechnical Inc . (MCG) August 25, 2004 .
6.
Cultural Resources Survey (Library 060186) . Prepared by C.A. Singer &Associates, Inc. March 27, 2004 .
7.
Archaeological Resources -An Evaluation and Assessment (Library 060189) .Prepared by C .A. Singer & Associates, Inc . May 30, 2004 .
8. Geological and Geophysical Survey for Water Well Location, Propose dSubdivision, Lake San Antonio Area Monterey County, California (LIB060173 )Prepared by Geoconsultants, Inc . July 31, 2004 .
9.
Biological Resources Survey (LIB060187) . Prepared by Craig Hohenberger ,dated March 21, 2004 .
(c) Staff conducted site inspections in 2004, 2005 and 2006 to verify that the site is suitabl efor this use .
(d) Materials in Project Files GPZ060006 and PLN040103 .
3 . FINDING: CEQA. The proposed project, including all permits and approvals, will not have significan tadverse impacts on the environment . A Mitigated Negative Declaration has been prepare dand is on file (File# PLN040103 in the Planning Department) . All mitigation measure sidentified in the Initial Study and Mitigated Negative Declaration and all project change srequired to avoid significant effects on the environment have been incorporated into th eapproved project or are made conditions of approval . A Condition Compliance andMitigation Monitoring Reporting Plan (hereafter "the MMRP") has been prepared pursuan tto Public Resources Code 21081.6 and is made a condition of approval . The MMRP isincorporated herein by reference . Potential environmental effects have been studied, an dthere is no substantial evidence in the record, as a whole, that supports a fair argument tha tthe project, as designed, may have a significant effect on the environment . The MitigatedNegative Declaration reflects the independent judgment and analysis of the County basedupon the findings and conclusions drawn in the Initial Study and the testimony an dinformation received, and scientific and factual data presented as evidence during the publi creview process. The Monterey County Planning Department, located at 168 W . Alisal Street2nd Floor, Salinas is the custodian of the documents and the materials that constitute th erecord of proceedings upon which the adoption of the Mitigated Negative Declaration i sbased .
Lawrence (Country Lake Estate) (PLN040103 )Page 3
EVIDENCE :(a) The application plans, and support materials submitted by the project applicant to th e
Monterey County Planning Department for the proposed development, found in the projec tfile.
(b) With assistance by County Consultant Rincon Consultants of Paso Robles, California,County staff prepared an Initial Study for the project in compliance with the CaliforniaEnvironmental Quality Act (CEQA), its Guidelines, and the Monterey County CEQAGuidelines . The Initial Study provided substantial evidence that the project, with theaddition of mitigation measures, would not have significant environmental impacts . ANegative Declaration was filed with the County Clerk on June 23, 2006, and noticed forpublic review. All comments received on the Initial Study have been considered as wel las all evidence in the record, which includes studies, data, and reports supporting th eInitial Study; additional documentation requested by staff in support of the Initial Studyfindings; information presented or discussed during public hearings ; staff reports thatreflect the County's independent judgment and analysis regarding the above referencedstudies, data, and reports ; application materials ; and expert testimony. Among the studies ,data, and reports analyzed as part of the environmental determination are the following :1. Project Application and Plans (dated February 14, 2004) .2. Interdepartmental Review Agency Comments .3. C.A. Singer & Associates : Cultural resources survey and impact assessment for a 9 1
acre property near the town of Lockwood in Monterey County, CA (APN 423-071-059 and 423-251-034) March 2004. Archaeological resources at APN 423-071-05 9and APN 423-251-034: an evaluation of site CA-MNT-2191 and assessment o fprojected impacts associated with the proposed Country Lake Estates Subdivision ,May 2004 .
4. Department of Water Resources (DWR), March 2003, California's Groundwater-Bulletin 118, Update 2003, Lockwood Valley Groundwater Basin .
5. Dibblee, T.W., Jr., 1971, Geologic Map of the Bradley 15' Quadrangle, California:U.S. Geological Survey Open File Report .
6. Durham. D.L., 1966, Geology of Hames Valley, Wunpost, and Valleton Quadrangles ,Monterey County, California : U.S. Geological Survey Bulletin 1221-B .
7. Environmental Data Resources Inc (EDR) . The EDR Radius Map with GeoCheck® ,Country Lake Estates 70850/70970 New Pleyto Road Bradley, California . April 10,2006 .
8. Furgo 2002, El Pomar-Estrella Area Plan Update : Environmental Impact Report .9. Geomatrix Consultants 2005, Project Specific Hydrological Report-Country Lak e
Estates New Pleyto Road, Bradley, California .10. Sierra Delta Corporation (DRC) 2004, Geologic Hazards Investigation 70850 and
70970 New Pleyto Road Bradley, Monterey County, California 93426 .11.Mid-Coast Geotechnical (MCG) (2004) . Percolation Data Report-Leach Lin e
Method .12.Mixed Water Quality & Laboratory Reports, Country Lake Estates, May 9, 2005 .13.Monterey County General Plan, adopted September 30, 1982 .14.Monterey Bay Unified Air Pollution Control District . June 2004 . CEQA Air Quality
Guidelines .15. September 2004 . 2004 Air Quality Management Plan for the Monterey Bay Region .16.Pinnacle Traffic Engineering, 2004, Country Lake Estates Project ; Monterey County ,
California Draft Traffic Impact Report .
Lawrence (Country Lake Estate) (PLN040103 )Page 4
17. Solid Waste Information Service (SWIS) . State of California Integrated Wast eManagement Board. http://www.ciwmb.ca.gov/SWIS/detail .asp?PG=DET &SITES CH=27-AA-0005 &OUT=HTM L
18.Hohenberger, Craig. Biological Resource Survey . March 21, 2004 .19.Regional Water Quality Control Plan .20. Site visit by Rincon Consultants on April 18, 2006 .21. California Department of Forestry and Fire Protection . Fire planning and Mapping
Tools, http ://wildfire .u.usgs.gov/fireplanning/22. Art Black, CDF Fire Consultant . April 12, 2006 .23. Matt Mihalco – Bradley CDF station Representative, California Department o f
Forestry and Fire Protection .24. Fred Garcia – Commanding Officer, South County Sheriffs Station . April 12, 2006.25. Faey Wells - San Antonio Union School District Representative . April 10, 2006.26. Jeanne Howland – King City High School District Representative . May 25, 2006 .27. David Mesa – Engineering Manager, Salinas Valley Solid Waste Authority . April 13 ,
2006 .28. US Census Bureau . State & County Quick Facts, http ://qui .ckfacts .census .gov/qfd
/states/06/0605 3 .html29. Association of Monterey Bay Area Governments (AMBAG . 2004 Population,
Housing Unit, and Employment Forecast . Adopted April 14, 2004 .30. Pinnacle Traffic Engineering, Traffic Impact Report Supplement . August 16, 2006 .
(c) Mitigation Measure #10 to assure less than significant impact to Cultural Resources .While not requiring recirculation of the environmental document under Section s15073 .5(c) and 15074 .1(c) of the California Environmental Quality Act, additiona lmeasures to protect potential unearthing of cultural resources have been suggested by th etwo tribes included in the SB18 consultation process . Additions to Conditions #12 and#41 require notification to the Xolon Salinan Tribe should cultural resources be unearthe dduring construction or discovered by subsequent homeowners . Mitigation Measure #10 i nthe proposed Mitigation Monitoring Reporting Program has been added to assure th epresence of a monitor from the Salinan Tribe of Monterey, San Luis Obispo and SanBenito Counties during rough grading activities . The applicant has signed aMemorandum of Understanding to this effect . This new mitigation measure is equivalentor more effective than the County's standard language for protection of cultura lresources .
(d) The Program for Mitigation Monitoring and/or Reporting on Conditions of Approval ,prepared and required pursuant to Section . 21081 .6 of the Public Resources Code, is mad ea condition of approval and is designed to ensure compliance during projectimplementation .
(e) No facts, reasonable assumptions predicated on facts, testimony supported by adequat efactual foundation, or expert opinion supported by facts, have been submitted that refutethe conclusions reached by these studies, data and reports . Nothing in the record altersthe environmental determination, as presented by staff, based on investigation and th eindependent assessment of those studies, data and reports .
(f) Studies, data and reports prepared by staff from various County departments includin gthe Planning Department, Public Works, Environmental Health and Monterey Count yWater Resources Agency and Redevelopment and Housing support the adoption of theMitigated Negative Declaration for the project .
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4. FINDING: FISH AND GAME FEES – Filing of Notice of Determination . For Purposes of the Fish andGame Code, the project will have a potential for adverse impact on fish and wildlife resource supon which the wildlife depends .
EVIDENCE :(a) Staff analysis contained in the Initial Study and the record as a whole indicate the projec t
may or will result in changes to the resources listed in Section 753 .5(d) of the Departmentof Fish and Game regulations . Implementation of the project described herein will affectchanges to native and non-native plant life and soils, and the biological analyse sidentified potential impacts to wildlife and special status species .
(b) Initial Study and Mitigated Negative Declaration contained in the project file .(c) Evidence in Finding 3 .
5. FINDING: GENERAL PLAN AMENDMENT APPROVED . The request to amend the RuralResidential Designation to Low Density Residential on APN: 423-071-059-000 ; approximately40+1- acres is approved . If it deems it to be in the public interest, the legislative body mayamend all or part of an adopted general plan (California Government Code Section 65358) . TheGeneral Plan may be amended to reflect changing community values, conditions, and needs .The Plan should only be considered for amendment when the County determines, based o nnew information, that a change is necessary (Monterey County General Plan, Chapter VI ,Plan Implementation) .
EVIDENCE :(a) The proposal to increase density from 45 residential lots to 52 residential' lots ha s
sufficient benefit to the public interest to cause an amendment to the General Plan .1. Allowing seven additional residential units will sufficiently affect supply and demand
such that the availability of 52 developable lots instead of 45 developable lots shoul dmean that each of the 52 lots are offered at less cost by the developer than had only45 been approved .
2. The proportionate per unit cost of infrastructure spread over 52 residential lots is les sthan if the same costs were spread over 45 residential lots .
(b) There are apparent public health; safety or general welfare issues that warrant revision t othe County's Land Use Plan for the additional seven market rate properties .1 . As the applicant will be installing a mutual water system, this could be extended to the
additional 7 units .(c) There are changes in the area that create the need for an amended General Plan .
1 . This proposal constitutes new pressure to develop a remote rural area in the County .Previous subdivision development interest in the vicinity has been minor in nature .Amending the County's General Plan as requested will allow the applicant to increasedensity beyond that forecast by the 1982 General Plan .
6. FINDING: GENERAL PLAN AMENDMENT APPROVED. The request to revert approximately 2 . 5acres of Commercial to Low Density Residential on APN : 423-251-034-000 is approved . If itdeems it to be in the public interest, the legislative body may amend all or part of an adopte dgeneral plan (California Government Code Section 65358) . The General Plan may be amendedto reflect changing community values, conditions, and needs . The Plan should only b econsidered for amendment when the County determines, based on new information, that achange is necessary (Monterey County General Plan, Chapter VI, Plan Implementation) .
EVIDENCE :(a) The proposal to revert approximately 2 .5 acres of Commercial designated areas to Lo w
Density Residential on APN: 423-071-059-000 represents a fine tuning of the rezoning
Lawrence (Country Lake Estate) (PLN040103 )Page 6
request made to and approved by the Board of Supervisors in December 1994 (Resolutio n94-515 and Ordinance 03804) .1. The General Plan Amendment and Rezone request approved by Resolution 94-51 5
and Ordinance 03804 allowed Heavy Commercial Zoning Designations to be applied toareas previously designated solely for Low Density Residential Development .
2. The adjustment that would allow changing approximately 2 .5 acres of commerciallydesignated land areas to residential still allows the development of commercial use son approximately 10 acres of the subject property.
3. The adjustment of increasing approximately 2 .5 acres of residential designatedproperty reverts these areas to the pre-1994 General Plan and Zoning designations .
4. The applicant intends to provide a fence and landscaped screen between th eresidential areas and the commercial areas and has allowed a sufficient land are aadjacent to Country Lake Drive for these amenities .
(b) There are no apparent public health, safety or general welfare issues that would caus econcern in reducing the Commercial areas by approximately 2 .5 acres and allowing thepreexisting (1994) low density residential designation to return to these areas .1. When the Board of Supervisors approved Resolution 94-515 and Ordinance 03804 .
(converting approximately 12 .5 acres of the subject Low Density Residential propertyto Commercial and Heavy Commercial, they found that the proposed amendment ha dno significant impact on the environment, and that the conversion of the residential area sto commercial areas, would not under the circumstances be detrimental to the healthsafety, peace morals, comfort and general welfare of persons residing or working in th eneighborhood or to the general welfare of the County.
2. The Board also found that the 1994 application for Amendment and Rezone woul dprovide for future development.
3. The applicant's present proposal is for subdivision and the provision of both low densit yresidential development and the creation of commercially designated parcel s
(c) There are potential changes in the Commercial and Low Density Residential areas tha tmay create the need for an amended General Plan .1. While several small residences and a fenced recreational vehicle and storage are a
have been present for many years, no development proposal on the subject propert yhas been forthcoming in the ten years from the Board's 1994 action; it could b eargued that simply having such a development proposal on the table is a change .
2. Approval of the adjustments to the commercial and residential boundaries woul dallow the applicant's present development proposal of 45 residential parcels and fiv ecommercial properties .
3. Without approval of the adjustments to the Commercial and Residential demarcation ,the applicant would be required to revise the November 2005 Vesting Tentative Mapsubmittal to reflect the zoning boundaries as shown on Official County maps an ddocuments .
7. FINDING: ZONE CHANGE APPROVED . The request to rezone the RDR/5 .1 (Rural DensityResidential 5 .1 acres per unit) zoning designation to LDR/1 (Low Density Residential 1 .0 acreper unit) zoning designation on APN : 423-071-059-000; Approximately 40+/- acres i sapproved . A zone change may be allowed to provide consistency with the General Plan an dexisting land uses, or to serve a greater public purpose .
EVIDENCE :(a) The Zone Change request from RDR/5 .1 to LDR/1 is necessary to implement th e
applicant's proposed Lot Pattern 1 .
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8. FINDING: ZONE CHANGE APPROVED . The request to revert approximately 2 .5 acres of HC (HeavyCommercial) zoning designation back to LDR/l (Low Density Residential 1 acre per unit )zoning designation on APN: 423-251-034-000 is approved . A zone change may be allowed t oprovide consistency with the General Plan and existing land uses, or to serve a greater publi cpurpose .
EVIDENCE :(a) The Zone Change request refines and enables the 1994 decision by the Board of Supervisor s
to allow commercial and residential development on the subject parcel, although it does no tcorrect an existing or perceived mapping error or inconsistency in official count ydocuments .
(b) The Subdivision Committee approval ofthe applicant's General Plan Amendment request t oreduce the Commercial designated areas by approximately 2 .5 acres and increase the LowDensity Residential areas by approximately 2 .5 acres. A Zone Change request to rever tapproximately 2 .5 acres of HC (Heavy Commercial) zoning designation back to LDR/ l(Low Density Residential 1 acre per unit) zoning designation on APN : 423-251-034-000 isconsistent with this recommendation.
(c) The Zone Change request is necessary to implement either of the applicant's propose dLot Patterns 1 and 2 .
(d) Without approval of the adjustments to the HC and LDR/l designation, the applicantwould be required to revise the November 2005 Vesting Tentative Map submittal toreflect the zoning boundaries as shown on Official County maps and documents . Thiswould affect both of the applicant's proposed Lot Patterns 1 and 2 .
9 . FINDING: ZONE CHANGE APPROVED . The applicant's request to apply a B-6 Overlay to all projec tportions with the LDR/1 designation is approved (no further subdivision on Low Densit yResidential Properties) . A zone change may be allowed to provide consistency with the Genera lPlan and existing land uses, or to serve a greater public purpose.
EVIDENCE :(a) The applicant's proposal included a B-6 overlay zoning district to declare that no furthe r
subdivision are intended nor allowed.(b) If the accompanying General Plan Amendments and Zone Changes (Findings #5 and 8) t o
increase density on the western parcel are approved, a B-6 subdivision restriction would b ein order. The Country Lake Estates Hydrological report, analysis and Environmental Healt hdepartment review have not analyzed the further subdivision of the 5 .1 acre lots (# 38, 39 ,40, 41, and 42) . Without the B-6 the potential for a request to subdivide the five remainin g5 .1 acre lot into an additional 25 lots would remain .
(c) A B-6 overlay if applied to the eastern LDR/l residential properties would make minor Lo tLine Adjustments between properties unnecessarily bureaucratic and expensive, subjectin geach minor adjustment to an Administrative Permit, unless an exchange of exactly equalareas is made .
10 . FINDING: SUBDIVISION. The Planning Commission recommends that Lot Pattern #1 be approved .None of the negative findings found in Section 19 .05.055 B of the Subdivision Ordinance canbe made for Lot Pattern #1 of the proposed Combined Development Permit and Vestin gTentative Subdivision Map .
EVIDENCE :(a) Planning staff has analyzed the project in regard to the findings for denial outlined in
Section 19 .05 .055 B. This section requires that the subdivision be denied if any one of th efollowing findings are made:
Lawrence (Country Lake Estate) (PLN040103 )Page 8
1. The proposed map is not consistent with the general plan, area plan, coastal land us eplan, or specific plan .
2. That the design or improvements of the proposed subdivision is not consistent th eapplicable general plan, area plan, coastal land use plan, master Plan or specific plan .
3. That the site is not physically suitable for the type of development .4. That the site is not physically suitable for the proposed density of development .5. That the design of the subdivision or type of improvements is likely to caus e
substantial environmental damage or substantially and avoidably injure fish orwildlife or their habitat .
6. That the design of the subdivision or type of improvements is likely to cause seriouspublic health problems .
7. That the design of the subdivision or the type of improvements will conflict wit heasements, acquired by the public at large, for access through or use of, propert ywithin the proposed subdivision .
8. That the subdivision fails to meet any of the requirements or conditions imposed b ythe Subdivision Map Act or this Title (Title 19) .
As none of these findings requiring denial can be made for Lot Pattern #1, Lot Pattern # 1is supportable under the Monterey County Subdivision Ordinance .The property provides for adequate building sites as evidenced by the applicationmaterials submitted for the site.The application, plans, and support materials, including the technical reports submittedby the project applicant to the Monterey County Planning Department for the proposeddevelopment. The reports are listed above in Finding 2. The reports concluded theproposed development is suitable for the site, subject to environmental protections /mitigations and recommendations for construction .The on-site inspections of the project site by the project planner.Application and Plan Materials (November 2005) and application materials contained in th eproject file supporting Lot Pattern #1 .See the preceding and following Evidence for Findings .
11 . FINDING : INCUSIONARY HOUSING . In approving the final map, the decision-making body ha sbalanced the housing needs of the County against the public service needs of its residents an davailable fiscal and environmental resources .
EVIDENCE : The applicant will be required to comply with the Inclusionary Housing Ordinance .
12. FINDING : The recommended conditions including the requirements related to Inclusionary Housing ,recreation requirements, and underground utilities have been applied to ensure that the health ,safety, and welfare is preserved and protected .
EVIDENCE :(a) Section 18 .40 of the Monterey County Code (Inclusionary Housing Ordinance )(b) Section 19 .12.010 of the Monterey County Code (Recreation) .(c) Section 19 .10 .095 of the Monterey County Code (underground utilities )
13. FINDING: INCLUSIONARY HOUSING : The project, as conditioned, conforms with the policies andrequirements of Section 18 .40 of the Monterey County Code (Inclusionary Housin gOrdinance #04185) .
EVIDENCE :(a) The condition of approval that will be applied to the project is consistent with Ordinance
#04185 (Monterey County Code, Chapter 18 .40) . Section 18 .40.50B.2 of Ordinance#04185 allows for modifications to the requirements for Inclusionary housing based o n
Lawrence (Country Lake Estate) (PLN040103 )Page 9
(b)
(c)
(d)(e)
(f)
unusual or unforeseen circumstances . It is appropriate for the project to supply two on-site moderate-income units with the specific compliance requirements listed in thecondition of approval and pay an in-lieu fee for the remaining obligation instead ofsupplying units on the project site for the entire obligation due to the following :1. The project site is located in an especially remote location, distant from residential
services .2. The remote location and lot size constrains the number of interested buyers, even at a
moderate-income level .3. Alternatives to individual on-site wells and septic systems that would allow fo r
Inclusionary units to be constructed on the project site either on smaller lots or a srental units were found to be infeasible from a health and safety standpoint by th eMonterey County Environmental Health Division .
(b) On September 14, 2005 the Housing Advisory Committee (HAC) recommended that th eproject comply with the Inclusionary Ordinance by paying an In-Lieu Fee for the tota lobligation based on the specific project location and characteristics .
14 . FINDING: USE PERMIT. The establishment, maintenance, or operation of the use or structure applied for ,will not, under the circumstances of the particular case, be detrimental to health, safety, peace,morals, comfort, and general welfare of persons residing or working in the neighborhood ofsuch proposed use, or be detrimental or injurious to property and improvement in theneighborhood, or to the general welfare of the County.
EVIDENCE :(a) The project as described in the application and accompanying materials was reviewed by the
.Department of Planning, Environmental Health Division, Public Works Department, th eappropriate Fire District (CDF), Water Resources Agency, Parks and Recreation an dRedevelopment and Housing Division. The respective departments have recommendedconditions, where appropriate, to ensure that the project will not have an adverse effect onthe health, safety, and welfare of persons either residing or working in the neighborhood ; orthe County in general.
(b) Adoption of the Proposed Mitigated Negative Declaration includes mitigation measures tha taddress potential impacts to Biological Resources, Geology and Soils, and Hazards an dHazardous Materials, Air Quality and Cumulative Impacts for Regional Traffic . No othersignificant issues have been identified for the project.
(c) File and application . materials, Initial Study with mitigation measures, and Mitigate dNegative Declaration contained in the project file .
15. FINDING: NO VIOLATIONS . The subject property is in compliance with the rules and regulationspertaining to zoning uses, subdivision, and any other applicable provisions of this Title an dany zoning violation abatement costs have been paid.
EVIDENCE : The subject property is mostly vacant and undeveloped and there are no zoning violationsrecorded or pending to be resolved .
16. FINDING : HEALTH AND SAFETY - The establishment, maintenance, or operation of the projec tapplied for will not under the circumstances of this particular case be detrimental to th ehealth, safety, peace, morals, comfort, and general welfare of persons residing or working i nthe neighborhood of such proposed use, or be detrimental or injurious to property an dimprovements in the neighborhood or to the general welfare of the County .
EVIDENCE: (a) Preceding findings and supporting evidence .
17 . FINDING: The project is subject to approval by the Board of Supervisors .
Lawrence (Country Lake Estate) (PLN040103 )Page 10
EVIDENCE: The Monterey County Zoning Ordinance Title 21, Chapter 21 .88 .
DECISION
THEREFORE, the Planning Commission recommends that the Board of Supervisors of the County of Montere yadopt the Mitigated Negative Declaration and Program for Monitoring and/or Reporting on Conditions o fApproval and approve said application for a Combined Development Permit as shown on the attached sketc hand subject to the attached conditions .
PASSED AND ADOPTED this 13th day of December, 2006 by the following vote :
AYES :
Errea, Brown, Salazar, Vandevere, Padilla, Sanchez, Diehl, Rochester, Otton eNOES :
NoneABSENT :
Isakson
MIKE NOVO, SECRETARY
A COPY OF THIS DECISION WAS MAILED TO THE APPLICANT ON JAN .1 9 . 2007
Lawrence (Country Lake Estate) (PLN040103)Page 11
Monterey County Planning Departmen t
Condition Compliance and/or Mitigation Monitorin gReporting Plan
Project Name : Country Lake EstatesFile No : PLN040103
APNs: 423-251-034-000, 423-071-059-000
Approval by: Sub Committee, PC, BOS
Date:
Monitoring or Reporting refers to projects with an EIR or adoptedMitigated Negative Declaration per Section 21081 .6 of the Public Resources Code.
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ate
1 . PBD029 - SPECIFIC USES ONLYThis Combined Development Permit (Country LakeEstates /Hansen PLN040103 and GPZ06006) allows :
•
A General Plan Amendment to change the landuse
designation
(1)
from
Rural
DensityResidential to Low Density Residential onapproximately 40 acres of the subject property(70970 New Pleyto Road; APN423-071-059-000) and (2) from Commercial to Low DensityResidential on approximately 2 .5 acres of thesubject property to reflect the demarcation asshown in the
applicant's November 200 5Vesting
Tentative
Map
submittal
(easternportion of 70850 New Pleyto Road ; APN423 -
Adhere to conditions and uses specifiedin the permit.
Owner/Applicant
Ongoingunless
other-wisestated
251-034-000) ;•
A Zone change (1) from RDR/5 .1
(RuralDensity Residential,
5 .1
acres per unit) toLDR/1B-6 (Low Density Residential, 1 acreper
unit,
no
further
subdivision)
onapproximately 40 acres of the subject property(70970 New Pleyto Road; APN423-071-059 -000), (2) from HC (Heavy Commercial) toLDR/1 (Low Density Residential 1 acre perunit) on approximately 2 .5 acres of the subjectproperty to reflect the demarcation as shown i nthe
applicant's
November
2005
Vesting
Lawrence (Country Lake Estate) (PLN040103 )Page 1 2
Tentative Map submittal (eastern portion of70850 New Pleyto Road ; APN423-251-034-000), and (3) (2) to .add a B-6 overlay (nofurther
subdivision)
to
all
existing
LDR/ 1property;
•
A standard subdivision vesting tentative map t odivide two properties totaling 92 acres into 52market-rate single family parcels ranging in sizefrom 1 .0 acre to 5 .1 acres and 5 commercialparcels
located
adjacent
to
New
PleytoRoad.(Lot Pattern #1) .
•
A use permit for a mutual water system ;•
A use permit to continue automobile andrecreational vehicle storage on all commercia llots ; and
•
A General Development Plan .The property is located at 70850 and 70970 New PleytoRoad, Bradley . Assessors Parcel Numbers 423-251-034 -000 and 423-071-059-000 . South County Area Plan .This permit was approved in accordance with Countyordinances
and land use regulations subject to thefollowing terms and conditions . Neither the uses nor theconstruction allowed by this permit shall commenc eunless and until all of the conditions of this permit are metto the satisfaction of the Director of Planning . Any use orconstruction not in substantial conformance with the term sand conditions of this permit is a violation of County .regulations and may result in modification or revocationof this permit and subsequent legal action.
No use orconstruction other than that specified by this permit i sallowed unless additional permits are approved by theappropriate authorities . (Planning)
2 . PBDSP001
-
NON-STANDARD
-
GENERALDEVELOPMENT PLAN - Presently only one RV andAutomobile storage facility is in operation on thesouthern-most portion of the subject property and shallbe allowed to continue contiguous within the boundaries
A note containing the entirety of thi sGeneral Development Plan conditionshall . be placed on the final map to berecorded.
Applicant /Engineer
Prior toRecordation of the
Final Map
Lawrence (Country Lake Estate) (PLN040103 )Page 13
As Described. All OwnerOperator sand users
of theCommercia1 Properties .
Ongoing
3 . NON-STANDARD LANGUAGEIn accordance with approval of the Country Lake EstatesSubdivision Lot Pattern #1 and Combined Developmen tPermit, all construction and improvements shall be insubstantial conformance to those Vesting Tentative Mapdocuments submitted to the County November 2005 .(Planning)
The parcel count for Lot Pattern #1 totals 57 as follows :Commercial Five .
Lot#
Cl, C2, C3, C4, C5 .LDR/1B-6
Fifty-two Lot#
1-52
Submit a Final Map
showing theapproved lot configuration .
Applicant /Owner
Prior toRecordation of the
Final Map
Fifty-Seven
(Five of the
LDR/1/B-6 lots being 5 .1 acres in areaeach: #'s 38, 39, 40,41, 42 . )
4 . PBD025 - NOTICE-PERMIT APPROVALThe applicant shall record a notice which states :
"Apermit (Resolution
) was approved by the Board of
Proof of recordation of this notice shallbe furnished to PBI.
Owner/
ApplicantPrior to
Recordation of the
Final ManSnnervisnr's for Assessor's Parcel Numbers 423-251-034 -
Lawrence (Country Lake Estate) (PLN040103 )Page 14
5 . PBD016 - INDEIVINLICATION AGREEMENTThe property owner agrees as a condition and inconsideration
of the
approval
of this
discretionary.development permit that it will, pursuant to agreementand/or statutory provisions as applicable, including but notlimited to Government Code Section 66474 .9, defend, .indemnify and hold harmless the County of Monterey orits agents, officers and employees from any claim, actionor proceeding against the County or its agents, officers oremployees to attack, set aside, void or annul this approval ,which action is brought within the time period providedfor under law, including but not limited to, Governmen tCode Section 66499.37, as applicable .
The propertyowner will reimburse the county for any court costs an dattorney's fees which the County may be required by acourt to pay as a result of such action . County may, at itssole discretion, participate in the defense of such action ;but such participation shall not relieve applicant of hi sobligations under this condition .
An agreement to thiseffect shall be recorded upon demand of County Counse lor concurrent with the issuance of building permits, use ofthe property, filing of the final map, whichever occurs firstand as applicable . The County shall promptly notify theproperty owner of any such claim, action or proceedingand the County shall cooperate fully in the defens ethereof. If the County fails to promptly notify the propertyowner of any such claim, action or proceeding or fails t ocooperate fully in the defense thereof, the property ownershall not thereafter be responsible to defend, indemnify o rhold the county harmless. (RMA Planning Department)
Submit
a
signed
and
notarizedIndemnification
Agreement
to
the .Director of RMA-Planning Departmentfor review and signature by the County
Owner/Applicant
Upondel-nand of
CountyCounsel or
concur-rent with
theissuance of
buildingpermits ,
use of theproperty,filing ofthe final
map,which-
everoccurs first
and asapplicable
6 . PBD012 - FISH AND GAME FEE-NEG DECIEIRPursuant to the State Public Resources Code, State Fis hand Game Code, and California Code of Regulations, theapplicant shall pay a fee, to be collected by the County ,within five (5) working days of project approval . This feeshall be paid before the Notice of Determination is filed .
The
applicant shall
submit
a
check,payable to the County ofMonterey, to theDirector of Planning .
Owner/Applicant
Within 5workingdays ofproject
approval .
If the fee is not paid within five (5) working days, theproject shall not be operative, vested or final until the
Lawrence (Country Lake Estate) (PLN040103 )Page 1 5
filing fees are paid. (RMA Planning Department)
7 . PBD022
-
`TIIGATION
MONITORIN GPROGRAMThe applicant shall enter into an agreement with theCounty to implement a Mitigation Monitoring and/o rReporting Plan in accordance with Section 21081 .6 of theCalifornia Public Resources Code and Section 15097 o fTitle 14, Chapter 3 of the California Code of Regulations .Compliance with the fee schedule adopted by the Boardof Supervisors
for mitigation monitoring shall berequired and payment made to the County of Montere yat the time the property owner submits the signe dmitigation monitoring agreement.
(RMA PlanningDepartment)
1)
Enter into agreement with theCounty to implement aMitigation Monitoring Program .
2)
Fees shall be submitted at th etime the property owner submit sthe signed mitigation monitoringagreement .
Owner/Applicant
Within 6 0days ofprojec t
approval
8 . PBDSP003 - NON-STANDARD - FINAL MAP TOSHOW SCENIC EASEMENTS - DOCUMENTS TOBE PREPARED FOR EACH AFFECTED PARCELA scenic easement shall be conveyed to the County ove rthose portions of the property where the slope exceeds 30percent .
A scenic easement deed shall be submitted to ,and approved by, the Director of Planning prior toissuance of grading or building permits . (RMA Planning
Submit scenic easement to PBI forapproval .
Owner/Applicant
Prior torecordation of the
Final Map
As Described. The following lotsinclude areas with slopes in excess of
Owner/Applicant
Prior torecordatio
30% .
Lots #2, 4, 5, 7, 21; 22, 24, 25, n of theDepartment)
P r i or to recor d at i on of t h e Fi na l M ap, t h e S u bdi v i s i onMap shall be revised to delineate those areas whereeasements are conveyed to the County where the slop eexceeds 30 percent . Prior to Map Recordation, a ScenicEasement conveyance document shall be prepared for th eaffected property and reviewed by the County. _ Suchdocuments will be recorded concurrent with MapRecordation, (RMA Planning Department)
40, 41, and 42 . Final Map
Underground utility
lines
and
otherbelow ground and flat surface levelsubdivision
improvements
shall
beallowed in the scenic easement and willbe
specified
exactly
in
the
Sceni cEasement conveyance document to b ereviewed and approved by the Directorof Planning.
(Added by SubdivisionCommittee 10/12/06)
Lawrence (Country Lake Estate) (PLN040103 )Page 16
9 . PBDSP004- NON-STANDARD - NOTE ON MAP -STUDIESA note shall be placed on the final map or a separate sheetto be recorded with the final map stating that :
"Thefollowing reports have been prepared for the developmentproposed on the subject property :1 .
C .A. Singer & Associates : Cultural resources surveyand impact assessment for a 91 acre property nearthe town of Lockwood in Monterey County, CA(APN 423-071-059 and 423-251-034) March 2004 .Archaeological resources at APN 423-071-059 andAPN 423-251-034 : an evaluation of site CA-MNT -2191 and assessment of projected impacts associate dwith
the
proposed
Country
Lake
Estate sSubdivision, May 2004 .
2 .
Geomatrix
Consultants
2005,
Project
SpecificHydrological Report-Country Lake Estates Ne wPleyto Road, Bradley, California .
3 .
Mid-Coast Geotechnical (MCG) (2004) . PercolationData Report-Leach Line Method .
Final recorded map with notes shall b esubmitted to PBI and Public Works forreview and approval .
Owner/Applicant
Prior toRecord-ation of
Final Map
4 .
Mixed
Water
Quality
&
Laboratory Reports,Country Lake Estates, May 9, 2005 .
5 .
Siena Delta Corporation (DRC) 2004, GeologicHazards Investigation 70850 and 70970 New Pleyt oRoad Bradley, Monterey County, California 93426 .
6 .
C .A. Singer & Associates : Cultural resources survey .and impact assessment for a 91 acre property nea tthe town of Lockwood in Monterey County, CA(APN 423-071-059 and 423-251-034) March 2004 .
7 .
Archaeological resources at APN 423-071-059 andAPN 423-251-034 : an evaluation of site CA-MNT -2191 and assessment of projected impacts associate dwith
the
proposed
Country
Lake
EstatesSubdivision, May 2004 .
Lawrence (Country Lake Estate) (PLN040103 )Page 1 7
8 .
Geomatrix
Consultants
2005,
Project
SpecificHydrological Report-Country Lake Estates Ne wPleyto Road, Bradley, California .
9 .
Mid-Coast Geotechnical (MCG) (2004) . PercolationData Report-Leach Line Method . Mixed WaterQuality
&
Laboratory Reports,
Country LakeEstates, May 9, 2005 .
10. Sierra Delta Corporation (DRC) 2004, Geologi cHazards Investigation 70850 and 70970 New PleytoRoad Bradley, Monterey County, California 93426 .
11 . Pinnacle Traffic Engineering, 2004, Country LakeEstates Project; Monterey County, California DraftTraffic Impact Report .
12 . Pinnacle Traffic Engineering, Traffic Impact ReportSupplement. August 16, 2006 .
These reports are on file with Monterey County PlanningDepartment.
The recommendations contained in saidreports shall be followed in all further development of thi sproperty."
The note shall be located in a conspicuou slocation, subject to the approval of the County Surveyor.(RMA Planning Department)
10 . PBDSP005 -
NON-STANDARD
- NOTES ONFINAL MAPThe following conditions of approval shall be placed asnotes on the Final Map to serve as notification tosubsequent
homeowners
and
property
owners
ofrequirements of this .Combined Development permit.Condition numbers 20, 21, 24, 46, 62, 73, 78, 80, 81, 85 ,86. (RMA Planning Department)
Place note on map or a separate sheetand submit to PBI for review andapproval .
Applicant/Owner
Prior torecord-ation of
fmal map .
11 . PBD033 – UTILITIES – SUBDIVISIONA note shall be placed on the final map or a separate sheetto be recorded with the fmal map indicating that"Underground utilities are required in this subdivision inaccordance with Chapter 19 .10 .095, Title
19 of theMonterey County Code ." Such facilities shall be installed
Place note on map or a separate sheetand submit to PBI for review andapproval .
Applicant/Owner
Prior torecord-ation of
fmal map .
Lawrence (Country Lake Estate) (PLN040103)Page 18
or bonded prior to filing the (parcel or final) map . Thenote shall be located in a conspicuous manner subject tothe approval of the Director of Public Works . (RMAPlanning Department)
12 . PBD030 - STOP WORK - RESOURCES FOUN DIf,
during
the
course
of
construction,
cultural,archaeological, historical or paleontological resources areuncovered at the site (surface or subsurface resources)work shall be halted immediately within 50 meters (16 5feet) of the find until a qualified professional archaeologistcan
evaluate it .
The Monterey County PlanningDepartment
and
a
qualified
archaeologist
(i .e .,
anarchaeologist registered with the Society of ProfessionalArchaeologists) shall be immediately contacted by theresponsible individual present on-site.
When contacted ,the
project
planner
and
the
archaeologist
shallimmediately visit the site to determine the extent of th eresources and to develop proper m i t i gat ion measuresrequired
for
the
discovery.
(RMA
PlanningDepartment)
•
A note containing the entirety of thi scondition shall be placed on the FinalMap to be recorded.
Applicant /Engineer
Prior toRecordation of the
Final Map
A note containing the entirety of thi scondition
shall
be
placed
on
theImprovement Plans prior to approval .
Applicant /Engineer
Prior toapproval
ofImprovement plans
or grounddisturb-
anceShould any resources be revealed asdescribed
in
this
Condition
#12 ,particularly
the
uncovering
of anyhuman remains, Donna Haro, TribalCouncil Chair of the Xolon SalinanTribe shall be contacted immediately .(Added by Subdivision. Committe e10/12/06)
Applicant Ongoing
13 . PBDSP006 - NON-STANDARDThe applicant shall prepare formalized Improvement
As
Described .
All
Conditions
ofApproval
and
adopted
MitigationMeasures shall be included prominentlyas Notes on the Improvement Plans
Owner/Applicant
Prior tograding
andconstructi
onactivities
Plans which shall include and incorporate all . conditionsof approval and physical structures required by th eEnvironmental Health Depailinent, Water Resource sAgency, Public Works Depai linent, Fire Depaitinen tand other agencies as required of this Vesting TentativeMap . (RMA Planning Department)
Lawrence (Country Lake Estate) (PLN040103 )Page 19
14 . PBD032(A) - TREE PROTECTIONTrees which are located close to the construction site(s )shall be
protected
from
inadvertent
damage
fromconstruction
equipment
by
wrapping
trunks
withprotective materials, avoiding fill of any type against th ebase of the trunks and avoiding an increase in soil depth a tthe feeding zone or drip line of the retained trees .
Saidprotection shall be demonstrated prior to issuance ofbuilding permits subject to the approval of the Director o fPlanning . (RMA Planning Department)
Submit evidence of tree protection toPBI for review and approval.
Owner/Applicant
Prior t oissuance
of gradingand
buildingpermits
15 . PBDSP007 - NON-STANDARDThe Applicant shall call the Planning Depai linent t ocoordinate a pre-construction conference with Count yLand Use agencies . Mitigation Measures, infrastructure,construction
phasing,
construction
practices, - fees,inspection
schedules
and
County
and
applicantexpectations
will
be
discussed .
(RMA PlanningDepartment)
As Described Owner/Applicant
Prior tograding
andconstructs
onactivities
16 . PBD014 - GRADING-WINTER RESTRICTIONNo land clearing or grading shall occur on the subjec tparcel between October 15 and April 15 unless authorize dby the
Director
of Planning
.
(RMA
PlanningDepartment)
None Owner/Applicant .
Ongoing
17 . PBD011 - EROSION CONTROL PLAN ' ANDSCHEDULEThe
approved
development
shall
incorporate
therecommendations of the Erosion Control Plan as reviewedby the Director of Building Inspection. All cut and/or fillslopes exposed during the course of construction b ecovered, seeded, or otherwise treated to control erosionduring the course of construction, subject to the approva lof the Director of Building Inspection . The improvementand grading plans
shall include an implementationschedule of measures for the prevention and control o ferosion,
siltation
and dust during
and immediatelyfollowing construction and until erosion control plantin gbecomes established. This program shall be approved by
1)
Evidence of compliance with theErosion Control Plan shall besubmitted to Building prior toissuance of building and gradingpermits .
Owner/Applicant
Prior toIssuance
ofGrading
andBuildingPermits
2)
Evidence of compliance with theImplementation Schedule shal lbe submitted to Building duringthe course of construction untilproject completion as approve dby the Director of PBI.
Owner/Applicant
Prior toFinal
Inspect-ion
Lawrence (Country Lake Estate) (PLN040103)Page 20
the Director of Building Inspection.
(RMA PlanningDepartment)
18 . PBD042 – GRADING PERMITS REQUIREDA grading permit is required for new private single famil yaccess driveways greater than fifty (50) feet in total lengththat require 100 cubic yards or more of earthwork .
Anover the counter (OTC) grading permit may be issued fo rnew private single family access driveways greater thanfifty (50) feet in total length that require less than 10 0cubic
yards
of
earthwork.
(RMA
PlanningDepartment)
If applicable, apply and receive theappropriate
grading
permit
fromMonterey County Building Inspection .
Engineer/Owner/
Applicant
Prior toIssuance
ofPermits
for Singl eFamily
Residenc es
A note to this effect shall be placed . onthe final map to alert future propertyowners to this requirement .
Prior toMap
Recordation
19 . PBD021 LIGHTING EXTERIOR LIGHTING PLANAll exterior lighting shall be unobtrusive, harmonious withthe local area, and constructed or located so that only th eintended area is illuminated and off-site glare is full ycontrolled .
The applicant shall submit 3 copies of anexterior lighting plan which shall indicate the location ,type, and wattage of all light fixtures and include catalo gsheets for each fixture . The exterior lighting plan shall besubject to approval by the Director of Planning, prior t othe issuance of building permits .
(RMA PlanningDepartment)
Submit three copies of the lightingplans to PBI for review and approval .
Owner/Applicant
Prior toissuance
ofbuildingpermits .
A note to this effect shall be placed o nthe final map to alert future propertyowners to this requirement.
Prior toMap
Recordation
20 . PBD020 – LIGHTING - STREET LIGHT SAll street lights in the development shall be approved bythe Director of Planning . At a maximum, street lights maybe considered only at the intersections of roads, drives,and lanes .
(RMA Planning Department)
Submit three copies of the lightingplans to PBI for review and approval .
Owner/Applicant
Prior toapproval
ofSubdivi -
sionImprove-ment Plan
Lawrence (Country Lake Estate) (PLN040103 )Page 21
21 . PBD036 - WATER TANK APPROVALThe project water tanks (located in a public utilityeasement a=on proposed Lot #22) shall be painted anearth tone color to blend into the area and landscaped(including
land
sculpturing
and
fencing,
whereappropriate), subject to the approval of the Director ofPlanning
prior
to
approval
of
the
SubdivisionImprovement Plan. (RMA Planning Department)
1)
Submit proposed color of watertank and landscaping to PBI fo rreview and approval .
Applicant/Owner
Prior toapproval
ofSubdivi-
sionImprove -ment Plan
2)
Provide evidence to PBI that thewater tank is painted as approve dby PBI and that landscaped wa sinstalled as approved by PBI .
Applicant/Owner
Prior tofinal
inspect-tion
22 . PBDSP008 - NON-STANDARDResidential Landscaping: Property owners constructin gresidential structures shall plant native grasses, shrubs ,and trees to increase habitat quality after constructiondisturbances ; create proper drainage and planting durin gconstruction ;
and
remove
any
non-native
species(IS/MND PG19) . (RMA Planning Department)
Prepare and submit landscape plans inaccordance
with
County
Policyincorporating the described element sherein.(Cross-reference
this
condition
withLandscaping Requirements from theCDF Fire Department below.)
HomeOwner /PropertyOwner
Prior t ooccupancy
A note to this effect shall be placed onthe final map to alert future propertyowners to this requirement .
Prior toMap
Recordation
Environmental Health Department
Lawrence (Country Lake Estate) (PLN040103 )Page 2 2
23 .EH1- WATER SYSTEM PERMITObtain a new or amended water system permit from th eDivision of Environmental Health.
(EnvironmentalHealth)
Submit necessary application, report sand testing results to EH for review an dapproval .
CALicensedEngineer/Owner/
Applicant
Prior toapproval
ofImprove -ment Planor prior tofiling fmal
map24 . EH2 - WATER SYSTEM IMPROVEMENTS (CO .
PERMITTED SYSTEM)Design the water system improvements to meet thestandards as found in Chapter 15.04 of the MontereyCounty Code, Titles 17 and 22 of the California Code ofRegulations and as found in the Residential SubdivisionWater Supply Standards .
Submit engineered plans forthe water system improvements, including plans forsecondary treatment, and any associated fees to th eDirector of Environmental Health for review an dapproval
prior
to
installing .
(or
bonding)
theimprovements . (Environmental Health)
Submit engineered plans for the wate rsystem improvements, including plans ,for
secondary
treatment,
and
any .associated fees to EH for review andapproval prior to installing (or bonding )the improvements .
CALicensedEngineer/Owner/Applicant
Prior toissuance
ofgrading/buildingpermit orPrior t o
filing fmalmap
25 .EH4 - FIRE FLOW STANDARD SDesign the water system improvements to meet fire flo wstandards as required . and approved by the local fireprotection agency. (Environmental Health)
Submit evidence to the Division ofEnvironmental Health that the propose dwater system improvements have beenapproved by the local fire protectionagency .
CALicensed .Engineer/Owner/
Applicant
Prior toinstalling/ bonding
watersystem
improvements
26 .EHS - INSTALL / BOND WATER SYSTEMIMPROVEMENT S
The
developer
shall
install
the
water
systemimprovements to and within the subdivision and an yappurtenances needed or shall enter into a SubdivisionImprovement Agreement with the County to install th ewater
system improvements
and provide
securityguaranteeing
the
performance
of the
Agreement.(Environmental Health)
The developer shall install the watersystem improvements to and within thesubdivision
and
any
appurtenancesneeded or shall enter into a SubdivisionImprovement
Agreement
with
theCounty to install the water systemimprovements
and
provide
securityguaranteeing the performance of theAgreement.
CALicensedEngineer/Owner/
Applicant
Prior tofiling final. map
Lawrence (Country Lake Estate) (PLN040103 )Page 23
27 .EH12 - EXISTING SEPTIC SYSTEMSubmit a plot plan to the Division of Environmenta lHealth showing the locations of all existing septicsystems on the property. Any sewage disposal systemor part thereof which crosses property lines or does notmeet the setback requirements specified in MontereyCounty
Code,
Chapter
15 .20
will require
properabandonment and replacement with an approved system .A permit for the system replacement shall be obtained
Division of Environmental Health mus tapprove plans .
CALicensedEngineer/Owner/
Applicant
Prior tofiling thefinal map
orissuance
of abuildingpermit
from
the
Monterey
County
Health
Department.(Environmental Health)
28 .E1113 - DRAINAGE IMPROVEMENT SSubmit plans for surface and subsurface drainageimprovements for review and approval to the Director o fEnvironmental Health to determine any potential septicsystem impacts .
All improvements shall comply withthe regulations found in Chapter 15 .20 of the MontereyCounty Code, and Prohibitions, of the Basin Plan,
Division of Environmental Health mustapprove plans .
CALicensedEngineer/Owner/
Applicant
Prior tofiling thefinal map
RWQCB. (Environmental Health)
29 .EH21 - SEPTIC ENVELOPE SSubmit an updated map indicating all proposed septi cenvelopes to the Division of Environmental Health forreview
and
approval .
Once
approved
the
septicenvelopes shall appear as part of the final/parcel map .(Environmental Health)
Once approved the septic envelope sshall appear as part of the fmal/parce lmap .
Owner/Applicant
Prior tofiling the
final map .
30 . EH44 - WELL LOTSSubmit a tentative plan indicating the proposed well lots ,water distribution, and access easements for the wate rsystem to the Director of Environmental Health for reviewand approval .
Once approved, well lots and easement sshall appear as part of the final map . (EnvironmentalHealth)
Submit
plans
to
the
Division
ofEnvironmental Health for review andapproval .
CALicensedEngineer/Owner/
Applicant
Prior tofiling the
final map .
Lawrence (Country Lake Estate) .(PLN040103 )Page 2 4
31 . EH62 – BY-LAWS AND ARTICLES OFINCORPORATIONSubmit by-laws and articles of Incorporation for th eproposed mutual water company for review an dapproval to the MCEHD. This document shall addresspriority water uses in the event of water shortage . Itshall also include a tiered rate structure as an incentivefor conservation . (Environmental Health)
Owner/applicant shall submit fmaldraft for review and approval toMCEHD prior to filing with theappropriate state agency.
Owner/Applicant
Prior tofiling the
final map .
32 . EH63 -WATER CONNECTIONS TO BE1VIETEREDAll water system connections shall be metered .(Environmental Health)
Plans for the water system shal lindicate the well meter specificationsfor each lot within the subdivision
Owner/Applicant
Prior tofiling thefmal map .
33 . EH64 - PAY ALL FEESApplicant shall pay all review and permit applicationfees to the MCEHD .
Contact MCEHD. All required fee sdue shall be submitted to MCEHD .
Owner/Applicant
Prior tofiling thefinal map .
34 . EH65 - PHASING OF SUBDIVISION AND WATERSYSTEM IMPROVEMENT SShould the project improvements be phased, the wells ,all necessary treatment equipment and the storage tankshall be in the first phase .
First phase improvement map shal linclude all water system infrastructure .
Owner/ _Applicant
Prior tofiling the
final map .
35 . ESP01— NON-STANDARDDeed Notification to limit Commercial Lots to use swithout high water use (0 .8 acre feet maximum per year)(Environmental Health)
The applicant shall record a Dee dNotification for each of the commercialproperties (C1-05) concurrently withthe final map, to restrict the commercialproperties to uses without high wateruse .
Owner/Applicant
Concurrent with thefmal map .
36 . EHSP008 — CAPITAL IMPROVEMENT FUND FORMUTUAL WATER COMPANY (NON-STANDARDCONDITION)The developer shall deposit an amount equal to 15% of th eentire project water treatment and distribution system totalcosts to a capital reserve account to pay for futur eequipment repairs and/or replacement costs .(Environmental Health)
Deposit the appropriate funds into acapital reserve account held in the nameof the mutual water company. Provideevidence to the Division of EH that th efunds have been deposited .
Owner/Applicant
Concur-rent withthe incor -porationof watersystem
Lawrence (Country Lake Estate) (PLN040103 )Page 2 5
Water Resources Agency
37 . WR39 - OT.FTFR AGENCY PERMIT SThe applicant shall provide certification to the Wate rResources Agency that applications have been submittedfor all required local, State, and Federal permits .
TheAgencies include but are not limited to the CaliforniaDepaitment of Fish & Game, California Regional Wate rQuality Control Board, Division of Safety of Dams, andthe Army Corps of Engineers.
(Water ResourcesAgency)
Submit a letter and any associated
permits to the Water Resources Agencyfor review and approval.
Owner/Applicant
Prior toissuanceof any
grading orbuildingpermits
38 . WR47 - WASTE MANAGEMENT PLANThe
applicant shall provide the Water ResourcesAgency a Construction Site Waste Management Planprepared by a registered civil engineer that addresses theproper
disposal
of building
materials
and
otherconstruction site wastes including, but not limited to ,discarded building materials, concrete truck washout,chemicals, litter and sanitary wastes .
The Site WasteManagement Plan must also address spill prevention,control and clean up of materials such as petroleumproducts,
fertilizers,
solvents, pesticides, paints
andcleaners. (Water Resources Agency)
Submit the plan to the Water Resource sAgency for review and approval .
Owner/Applicant
Prior toissuanceof any
. grading o rbuildingpermit s
39 . WR45 - WELL INFORMATIONThe
applicant shall provide the Water Resource sAgency information on the well to serve the projec tincluding a map showing the well location and an yavailable well logs/e-logs . (Water Resources Agency)
Submit all applicable well informationto the Water Resources Agency forreview and approval .
Owner/Applicant
Prior t oissuanceof any
grading orbuildingpermits
Lawrence (Country Lake Estate) (PLN040103 )Page 26
.
40 . WR6 - STORMWATER DETENTIONThe
applicant
shall provide the Water ResourcesAgency a drainage plan prepared by a registered civilengineer addressing on-site and off-site impacts withsupporting calculations and construction details .
Theplan shall include detention facilities to mitigate theimpact
of impervious
surface
stormwater
runoff.Pond(s) shall be fenced for public safety .
Drainageimprovements shall be constructed in accordance withplans approved by the Water Resources Agency .(Water Resources Agency)
Submit 3
copies of the engineereddrainage plan to the Water Resource sAgency for review and approval .
Owner/Applicant/Engineer
Prior tofiling ofthe final
map
41 . WR36 - HOMEOWNERS ASSOCIATION CC&R' SA homeowner's association shall be formed for th emaintenance of roads, drainage facilities, and openspaces. The Director of Public Works, the Director ofPlanning , and the County Water Resources Agenc yshall approve documents for formation of association .The covenants, conditions and restrictions (CC&R's)shall . include provisions for a yearly report by areg istered civil engineer and the monitoring of impactsof drainage and maintenance of drainage facilities .Report shall be approved by the County WaterResources Agency. (Water Resources Agency)
Submit the CC&R's to the WaterResources
Agency for review
andapproval.
Owner/Applicant
Prior tofiling offmal map
HOA /RegisteredCivil Eng .
YearlyReport
The
covenants,
conditions
andrestrictions (CC&R' s) shall also includeprovisions
that
would
cause
allhomeowners to turn over all artifactsthat they might discover.
AllHomeowners
All discovered and reported artifactsshall be logged and some kind of sit enumber be issued so that (The XolonTribe) can continue to document theliving patterns of the ancient SalinanIndians .
(Added
by
SubdivisionCommittee 10/12/06)
The XolonTribe as
described inthe letterprepared
October . 11 ,2006 .
42. WR37 - DRAINAGE & FLOOD CONTROLSYSTEMS AGREEMENTIf the homeowners' association after notice and hearingfails to properly maintain, repair or operate the drainageand flood control facilities in the project, Montere yCounty Water Resources Agency shall be granted the
Submit
the
signed
and
notarizedoriginal
Agreement
to
the .
WaterResources Agency for review andapproval prior to recordation .
(A copy of the County's
standard
Owner/Applicant
The agree-ment shal l
berecordedconcur-rently
Lawrence (Country Lake Estate) (PLN040103 )Page 27
right by the property owners to enter any and al lportions of the property to perform repairs, maintenanc eor improvements necessary to properly operate thedrainage and flood control facilities in the project . TheCounty Water Resources Agency shall have the right t ocollect
the
cost
for
said repairs,
maintenance
orimprovements from the property owners upon thei rproperty tax bills .
A hearing shall be provided by th eBoard of Supervisors as to the appropriateness of thecost.
Prior to filing the final map, a copy of a signedand notarized Drainage and Flood Control SystemsAgreement shall be provided to the Water Resource sAgency for approval . (Water Resources Agency)
agreement can be obtained at the WaterResources Agency .)
with thefmal map
i
43 . WR41 - NOTICE OF WATER CONSERVATIONREQUIREMENT SA notice shall be recorded on the deed for each lo tstating: "All new construction shall incorporate the us eof low water use plumbing fixtures and drought tolerantlandscaping,
in
accordance
with
County
WaterResources Agency Ordinance No. 3932."
Prior torecordation of the final map, a copy the complete dnotice shall be provided to the Water Resources Agenc yfor approval. (Water Resources Agency)
Submit a recorded notice to the Wate rResources Agency for review an dapproval .
(A copy of the County's standard noticecan be obtained at the Water ResourcesAgency.)
Owner/Applicant
Recorda-tion of the
noticeshalloccur
concur-rently
with thefinal map
44 . WR42 - LANDSCAPING REQUIREMENT SA notice shall be recorded on the deed for each lo tstating :
"The front yards of all homes shall belandscaped at the time of construction. Low water us eor drought tolerant plants shall be used together withwater efficient irrigation systems ." Prior to recordationof the fmal map, a copy the completed notice shall b eprovided to the Water Resources Agency for approval .(Water Resources Agency)
Submit the recorded notice to the WaterResources Agency for review andapproval .
(A copy of the County's standard notic ecan be obtained at the Water ResourcesAgency.)
Owner/Applicant
Recorda-tion shall
occurconcur-rently
with thefinal map
Lawrence (Country Lake Estate) (PLN040103 )Page 28
45 . WR44 - WATER USE INFORiVIATIO NThe
applicant shall provide the Water Resource sAgency a copy of the Water Use & Nitrate ImpactQuestionnaire describing the pre-development and post -development water use on the property .
(WaterResources Agency)
Submit the WUNIQ to the WaterResources
Agency
for review
andapproval .
Owner/Applicant
Prior tofiling thefmal map
46 . NON-STANDARD - ROAD DRAINAGE ANDIMPROVEMENT PLANThe
applicant shall provide the Water Resource sAgency, a Road Drainage and Improvement Plan, along
Submit 1 copy of the road drainage andimprovement plan
and
supportingcalculations to the Water Resource sAgency for review and approval .
Owner/Applicant
Prior tofiling of
final mapor
Subdivi -sion
Improve -ment
Agreement
WRA
with supporting calculations, prepared by a registere dcivil engineer, that includes cross-sections showin gexisting and proposed conditions .
All primary-accessstream crossings shall be designed to convey runoffresulting from a 100-year storm event .
If the road isproposed to be overtopped, the analysis shall include adiscussion of depths
and velocities
at the
streamcrossings .
Plans shall be submitted to the WaterResources
Agency
for
approval,
and
necessaryimprovements shall be constructed in accordance withapproved plans . (Water Resources Agency)
47 . NON-STANDARD DRAINAGE EASEMENT NOT EA note shall be recorded on the fmal map stating : "Wealso hereby dedicate for public use easements for theflow or storage of water over those strips of landdesignated as "Drainage Easements" as shown on saidmap within said subdivision; such strips of land are to b ekept
open
and
free
from
obstructions,
includingbuildings
and
structures,
except
flood
controlstructures ."
The applicant shall provide the WaterResources Agency a copy ofthe map to be recorded .(Water Resources Agency)
Submit a copy of the final map to berecorded, with appropriate note, to th eWater Resources Agency for reviewand approval .
Owner/Applicant
Prior tofiling of
final map
WRA
48 . WR0008 COMPLETION CERTIFICATION (WR)Prior to issuance of any building permits, the applicantshall provide the Water Resources Agency certificationfrom a registered civil engineer or licensed contracto rthat stormwater detention/retention facilities have beenconstructed in accordance with approved plans . (Water
Submit a letter to the Water ResourcesAgency, prepared by a registered civilengineer
or
licensed
contractor,certifying compliance with approveddrainage plan.
Owner/Applicant
Prior t oissuanceof any
buildingpermits
.
WRA
Lawrence (Country Lake Estate) (PLN040103 )Page 29
Resources Agency)
49 .PARK IMPROVEMENT PLAN
The
applicant shall provide the Water Resource sAgency, a park improvement plan for review an dapproval that includes the location of all facilitie sassociated with the park area along New Pleyto Road .Necessary
improvements
shall
be
constructed
inaccordance with approved plans. (Water ResourcesAgency)
Submit
1
copy
of
subdivisionimprovement
plan
to
the
WaterResources Agency for review andapproval .
Owner/Applicant
Prior tofiling offinal map
WRA
Publi Works
50 . PW0020 — PRIVATE ROADSDesignate all subdivision roads as private roads . (Publi cWorks)
Subdivider's Surveyor shall designateprivate roads on final map .
Subdivider Ongoing
51 . PW0015 — UTILITY'S COMVTENTSSubmit the approved tentative map to impacted utilit ycompanies .
Subdivider shall submit utility compan yrecommendations, if any, to the Department of Publi cWorks for all required easements . (Public Works)
Subdivider shall provide tentative mapto
impacted
utility
companies
forreview. Subdivider shall submit utilitycomments to DPW
Owner/Applicant
Prior toRecordati on of Map
Lawrence (Country Lake Estate) (PLN040103 )Page 30
52 . PW0016 — MAINTENANCE OF SUBDIVISION SPay for all maintenance and operation of subdivisionimprovements
from the
time
of installation
untilacceptance of the improvements for the • Subdivision b ythe Board of Supervisors as completed in accordanc ewith the subdivision improvement agreement and until ahomeowners association or other agency with lega lauthorization to collect fees sufficient to support th eservices is formed to assume responsibility for theservices . (Public Works)
Subdivider
shall
be
responsible
tomaintain
improvements
untilmaintenance is assumed by anotherentity .
Subdivider Ongoing
53 . PW0017 — NATURAL DRAINAGE EASEMENTDesignate all natural drainage channels on the final ma pby easements labeled "Natural Drainage Easement" :(Public Works)
Subdivider's
surveyor
shall
includelabeling as described on Final Map .
Subdivider/Surveyor
Prior toRecordation of Final
Map
54. PW0023 — IMPROVEMENT PLANSProvide
improvement plans
for
approval
by
theDepartment of Public Works and construct subdivisionroads to a minimum of two 10' travel lanes plus anasphaltic
concrete
dike
or
as
approved
by
theDepartment of Public Works .
Minimum structuralsection shall be a double seal coat on 0 .34' of aggregatebase. Where the road grade exceeds 8%, minimumstructural section shall be increased to 0 .17' of asphalticconcrete on 0 .34' of aggregate base. Actual structuralsections are to be determined by R-Value tests .(Public Works)
Subdivider shall submit improvementplans prepared by his Engineer to DPWfor approval .
Improvements to b ebonded prior to recordation of finalmap.
Subdivider Prior toRecordati on of Final
Map
55 . PW0021— ROAD NAME SSubmit all proposed road names to the Department o fPublic Works for approval by County Communications .(Public Works)
Subdivider shall submit proposed roadnames to DPW. DPW will submit . t oCounty Communications for Approval .
Subdivider ' Prior t oRecordation of Final
Map
Lawrence (Country Lake Estate) (PLN040103 )Page 3 1
56 . PW0027 – CUT/FILL SLOPE (2 :1)Cut and fill slopes shall not exceed 2 to 1 except a sspecifically approved in concurrence with the geo -technical report. (Public Works)
Engineer
shall
include
notes
onImprovement Plans
Subdivider/Engineer
Prior toRecordation of Final
Map
57 . PW0028 – GEOTECHNICAL REPORTA geotechnical report will be required before recordingfmal maps . (Public Works)
Subdivider
shall
have
geotechnicalreport prepared and to submit to DPW
Subdivider Prior toRecordation of Final
Map
58 . PW0026 – PLANTING FOR GRADED AREASPlant and maintain all graded areas of the street right-of-way as required by the Depai lment of Public Works t ocontrol erosion .
The area planted shall include al lshoulder areas and all cut and fill slopes . A report andplan prepared by a qualified person shall be submitte dfor approval of the Depaitinent of Public Works andinclude the following :a.
That the cut and fill slopes be stabilized .b .
Specific method of treatment and type of planting ,by area, for each soil type and slope required tosatisfy item (a) .
c .
Type and amount of maintenance required tosatisfy item (a) . (Public Works)
Subdivider's
Engineer
to
includeerosion
control
measures
onimprovement plans .
Subdivider/ Engineer
Prior toapproval of
Subdivi-sion
Improve -ment Planor prior t ofiling Final
map .
PW
59 . PW0030 – HOMEOWNERS ASSOCIATIO NForm a homeowners association for road and drainagemaintenance .
Prepare an operation and maintenanc eplan for all facilities . Implement a fee program tô fundoperation
and
maintenance, and
have
appropriatedocumentation recorded against each parcel within th esubdivision . (Public Works)
Subdivider shall submit documentation .to DPW and WRA for formation ofhomeowners association or other entityto
maintain
roads
and
drainageimprovements .
Subdivider Prior t oRecordation of Final
Map
60 . PW0032 – AS BUILT PLANSA Registered Civil Engineer shall file as built plans(originals) in the Department of Public Works with aletter certifying improvements have been made inconformance to improvement plans and local ordinance .
Subdivider's Engineer shall submit a sbuilt plans
and
stamped notice
ofcompletion letter to DPW for revie wand approval .
Subdivider/Engineer
Prior toRelease of
Bonds
Lawrence (Country Lake Estate) (PLN040103)Page 3 2
(Public Works)
61 . PW0001– ENCROACHMENT (COM)Obtain an encroachment permit from the Department o fPublic Works to construct and connect Country LakeDrive to New Pleyto Road, including acceleration anddeceleration tapers . The design and construction is subjectto the approval of the Public Works Director . (PublicWorks)
Applicant shall obtain an encroachmentpermit from DPW prior to issuance o fbuilding
permits
and
completeimprovement prior to
occupying orcommencement of use . Applicant isresponsible to obtain all permits andenvironmental clearances .
Owner/Applicant
Prior toBuilding/GradingPermit
Issuance .
62. NON-STANDARD CONDITIO NThat the local fire jurisdiction approve the turn-aroun dhammerheads . (Public Works)
Owner /Applicant
WithImprovement PlansPrior to
Recordation of
Final map .63 . NON-STANDARD CONDITIO N
Access to the commercial lots shall be approved by theDepai trnent of Public Works . (Public Works)
Owner/Applicant
WithImprove ment PlansPrior to
Recorda-tion of
Final map .64. NON-STANDARD CONDITION
That the Country Lake Drive right-of-way be a minimu mof 50' wide . (Public Works)
Owner/Applicant
Prior toRecorda-
tion ofFinal map .
Lawrence (Country Lake Estate) (PLN040103)Page 33
'
Redevelopment and Housing Divisio n
65 . NON-STANDARD CONDITIONPrior to the recordation of the Final Map the Applican tshall comply with the County's Inclusionary HousingOrdinance
#04183
by
executing
an
Inclusionary.Housing Agreement with the County, in a formacceptable to the County, that provides for two (2) on -site moderate income inclusionary units and payment o fan in-lien fee for the remaining 7 .6 unit obligation . Thein-lieu fee shall be based on the adopted fee schedule i nplace at the time that the application was deeme dcomplete by the County .
The agreement shall be insubstantial conformance with the County's Inclusionary
As Described .
The Inclusionary compliance obligationis 9.6 units (52 — 4 existing units = 48new lots x .20)
Subdivider /owner
Prior tothe
recordati on of the
Final Map
program,
with
the
following
refinements
andmodifications :
•
Require that the two (2) Inclusionary units b econstructed prior to building permits beingissued for the last two market rate lots withinthe project or within five years after the fma lmap is recorded which ever comes first .
•
The applicant will pay an in-lieu fee for theremaining obligation of 7 .6 inclusionary unitsbased on the fee schedule in place at the tim ethat
the
project
application
was
deemedcomplete by the County.
•
The applicant may retain a non-profit or for-profit contractor to construct the Inclusionaryunits .
•
The County will be responsible for marketin gthe two units to qualified buyers, selecting thebuyers,
and insuring that the sales
of theInclusionary
units
are
consistent
with
theadopted Inclusionary Program. The unit pricin gshall be based on 110% of median incomeconsistent
with
the
Inclusionary
Programprovisions .
Lawrence (Country Lake Estate) (PLN040103 )Page 34
• The applicant's obligation to actually construc tan inclusionary unit shall not be triggered unti lthe County notifies applicant that a qualifie dbuyer has been identified.
• If escrow on the sale of the Inclusionary unitdoes not close with the buyer within threemonths
after
construction
of the
unit
iscomplete: a) the County shall have the first rightto purchase the unit at the then applicabl erestricted price; or b) if the County does notelect to purchase the unit, the unit shall b ereleased from all inclusionary restrictions soapplicant can sell it as a market rate unit .
• If the County fails to identify a buyer so as totrigger
applicant's .
construction
obligationwithin 5 years after the project final map i srecorded then: a) the County shall have the firstright to purchase the lot designated by applicantfor 1/3 of what the total restricted sales price ofa unit would be at that time; or b) if the Countydoes not elect to purchase the lot, the lot shall bereleased from all inclusionary restrictions s oapplicant can sell it as a market rate lot .
• If, in accordance with the above, the unit or lo tis released from the inclusionary restrictions, theapplicant shall, at the time of release, pay the in .lieu fee for said unit or lot based on the feeschedule in place at the time the projec tapplication was deemed complete by theCounty. (Redevelopment and Housin gDivision )
Lawrence (Country Lake Estate) (PLN040103 )Page 35
Parks Department
66 . RECREATION
REQUIREMENTS
/
LANDDEDICATION NON-STANDARDThe Applicant shall comply with Section 19 .12.010 -Recreation Requirements, of the County SubdivisionOrdinance,
Title
19,
Monterey County Code,
bydedicating land and recreation improvements as follows :Prior to recordation of the first Final Map, the Applicantshall dedicate land or an easement on Lot 38 to th ehomeowners association or other maintenance entityacceptable to the County for park and recreationpurposes,
of
a
sufficient
size
to
reasonablyaccommodate a slide, swing set and jungle gym to serv ethe residents of the subdivision. The standard parklanddedication requirement is .47 acres for this project;however, taking into account a credit for the cost o frecreation improvements, this park acreage shall b ereduced to
a size sufficient to accommodate theimprovements
specifically
listed
above .
(ParksDepartment)
As Described Subdivider /owner
Prior tothe
recordati on of the
Final Map
67 . NON-STANDARDUpon occupancy of the first 50% of residential units, ortwo years from the recordation of the Final Map,whichever occurs first, the Applicant shall complete th econstruction of the recreation improvements on thededicated park land or easement, including a slide,swing set and jungle gym, and the Parks Depai luientshall review and approve the improvements . (ParksDepartment)
As Described
Upon occupancy of the first 50% ofresidential units, or two years from therecordation
of
the
Final
Map ,whichever occurs first
Subdivider /owner
AsDescribed
68 . NON-STANDARDPrior to recordation of the first Final Map, theApplicant shall provide the Parks Depaianent forreview and approval with a recreation plan and costestimate for the improvements to be made on thededicated park land or easement .
The plan shalldelineate
park
and
recreation
structures,
park
As Described Subdivider /owner
Prior tothe
recordati on of the
Final Map
Lawrence (Country Lake Estate) (PLN040103 )Page 36
improvements and landscaping components . (ParksDepartment)
69 . NON-STANDARDPrior to recordation of the first Final Map, theApplicant shall provide the County with adequatesecurity in the form of a performance bond or othe rsuitable security acceptable to the County of Montereyin the amount of one hundred percent (100%) of th ecosts for the park and recreation improvements show non the approved recreation plan . (Parks Department)
As Described Subdivider /owner
Prior tothe
recordati on of the
Final Map
70 . NON-STANDARDPrior to recordation of the first Final Map, theApplicant shall provide the Parks Depai linent forreview and approval a recreation facilities maintenanc eand operation plan .
The purpose of this plan . is toassure the County that the park and recreationalfacilities will be maintained and operated in perpetuit yfor the enjoyment, health and safety of the residents o fthe subdivision with an appropriate funding source an dmaintenance entity . (Parks Department)
As Described Subdivider /owner
Prior t othe
recordation of the
Final Map
Lawrence (Country Lake Estate) (PLN040103 )Page 37
California Department of Forestry, South CountyCarmel Fire Protection Associates
. 71 . EMERGENCY ACCESS : Road and street networks ,whether public or private, shall provide for safe acces sfor
emergency
equipment
and
civilian
evacuationconcurrently,
and shall provide unobstructed traffi ccirculation during emergencies . To achieve these goals ,the following emergency access conditions are imposed :
FIRE001- ROAD ACCESS
NON-STANDARD
Access roads shall be required for every building whenany
any portion of the exterior wall of the first story i slocated more than 150 feet from fire department access .All roads shall be constructed to provide a minimum oftwo ten-foot traffic lanes providing two-way traffi cflow. The surface shall provide unobstructed access t oconventional drive vehicles, including sedans and fir eengines . Surfaces shall be capable of supporting th eimposed load of fire apparatus . The grade for all roads,streets, private lanes and driveways shall on exceed 1 5percent .
Where road grades
exceed
8 percent,
aminimum structural roadway surface thickness of 0 .1 7feet of asphaltic concrete on 0 .34 feet of aggregate baseshall be required. No roadway turn shall have ahorizontal inside radius of less than 50 feet . A roadwayturn radius of 50 to 100 feet is required to have anadditional 4 feet of roadway surface . A roadway turnradius of 100 to 200 feet is required to have anadditional 2 feet of roadway surface . The length o fvertical
curves
in roadways,
exclusive
of gutters ,ditches, and drainage structures designed to hold o rdivert water, shall not be less than 100 feet . Turnaroundsshall be required on dead-end roads in excess of 150 feetof surface length. The minimum turning radius for aturnaround shall be 40 feet from the center line of theroad. If a hammerhead/T is used, the top of the "T" shall
Applicant
shall
incorporatespecification into design and enumerateas "Fire Dept . Notes" on plans .
Applicantor owner
Prior toissuance
of gradingand/or
buildingpermit.
Applicant
shall
schedule
fire
dept .clearance inspection for each phase ofdevelopment.
Applicantor owner
Prior t ofinal
buildinginspection
Lawrence (Country Lake Estate) (PLN040103 )Page 38
be a minimum of 50 feet in length . Turnouts shall be aminimum of 12 feet wide and 30 feet long with aminimum 25 foot taper on each end . Vertical Clearance :Unobstructed vertical clearance shall not be less than 1 5feet for all access roads . (California Department ofForestry, South County)
72 .FIRE009 - BRIDGE S
All new and reconstructed bridges shall be at least thewidth of the roadbed and berms, but in no case less tha n12 feet wide .
Bridge width on all roads exceedingtertiary standards shall not be less than the width of th etwo lanes with berms. All bridges shall be designed forHS 15-44 loading and have guardrails .
Appropriatesignage, including but not limited to, weight ratings o rvertical clearance limitations, and one-way road o rsingle-lane road conditions, shall be provided at bot hentrances to any bridge .
One-lane bridges may b epermitted if there is unobstructed visibility across th eentire bridge, and turnouts are provided at both bridg eends .
The fire authority may impose more stringentrequirements for bridges .
(California Department o fForestry, South County)
Applicant
shall
incorporatespecification into design and enumerateas "Fire Dept . Notes" on plans .
Applicantor owner
Prior toissuance
of gradingand/or
buildingpermit.
Applicant
shall
schedule
fire
dept.clearance inspection.
Applicantor owner
Prior
tofinalbuildinginspection
73 .FME008 - GATES
All gates providing access from a road to a drivewayshall be located at least 30 feet from the roadway andshall open to allow a vehicle to stop without obstructingtraffic on the road. Gate entrances shall be at least thewidth of the traffic lane but in no case less than 12 feetwide. Where a one-way road with a single traffic lan eprovides access to a gated entrance, a 40-foot turningradius shall be used . Where gates are to be locked, the
Applicant
shall
incorporatespecification into design and enumerat eas "Fire Dept . Notes" on plans .
Applicantor owner
Prior
toissuanceof gradingand/orbuildingpermit .
Lawrence (Country Lake Estate) (PLN040103 )Page 39
Applicant
shall
schedule
fire
dept .clearance inspection
Applicantor owner
Prior
tofinalbuildinginspectio n
74 .FIRE010 -ROAD SIGNS
All newly constructed or approved roads and streetsshall be designated by names or numbers, posted onsigns clearly visible and legible from the roadway . Sizeof letters, numbers and symbols for street and road sign sshall be a minimum 4-inch letter height, Y2-inch stroke,and shall be a color that is reflective and clearl ycontrasts with the background color of the sign .
Al lnumerals shall be Arabic . Street and road signs shall benon-combustible and shall be visible and legible fromboth directions of vehicle travel for a distance of at leas t100 feet . Height, visibility, legibility, and orientation ofstreet and road signs shall be meet the provisions o fMonterey County Ordinance No. 1241 .
This sectiondoes not require any entity to rename or renumberexisting roads or streets, nor shall a roadway providingaccess
only to
a
single
commercial
or industrialoccupancy require naming or numbering.
Signsrequired under this
section
identifying
intersectingroads, streets and private lanes shall be placed at theintersection of those roads, streets and/or private lanes .Signs identifying traffic access or flow limitations (i .e . ,weight or vertical clearance limitations, dead-end road ,one-way road or single lane conditions, etc .) shall beplaced: (a) at the intersection preceding the traffic acces slimitation; and (b) not more than 100 feet before suchtraffic access limitation .
Road, street and private lanesigns required by this article shall be installed prior t ofinal
acceptance
of
road
improvements
by
theReviewing Fire Authority . (California Department ofForestry, South County)
Applicant
shall
incorporate .specification into design and enumerateas "Fire Dept. Notes" on improvementplans .
Applicantor owner
Prior tofiling of
final map.
Applicant
shall
schedule
fire
dept .clearance inspection for each phase ofdevelopment.
Applicantor owner
Prior toissuance
ofbuildingpermit(s)
fordevelop-ment on
individuallots withinthe phase
of thesubdivi-
sion .
Lawrence (Country Lake Estate) (PLN040103 )Page 40
75 .FIRE011- ADDRESSES FOR BUILDINGS
All buildings shall be issued an address in accordancewith Monterey County Ordinance No . 1241 .
Eachoccupancy, except accessory buildings, shall have it sown permanently posted address .
When multipl eoccupancies
exist
within
a
single
building,
eachindividual occupancy shall be separately identified by it sown address .
Letters, numbers and symbols foraddresses shall be a minimum of 4-inch height, 1/2-inc hstroke, contrasting with the 'background color of thesign, and shall be Arabic . The sign and numbers shal lbe reflective and made of a noncombustible material .Address signs shall be placed at each driveway entranc eand at each driveway split .
Address signs shall be andvisible from both directions of travel along the road . Inall cases, the address shall be posted at the beginning ofconstruction and shall be maintained thereafter . Addresssigns along one-way roads shall be visible from bot hdirections of travel .
Where multiple addresses arerequired at a single driveway, they shall be mounted ona single sign. Where a roadway provides access solelyto a single commercial occupancy; the address sign shallbe placed at the nearest road intersection providingaccess to that site . Permanent address numbers shall b eposted prior to requesting final clearance .
(CaliforniaDepartment of Forestry, South County)
Applicant
shall
incorporatespecification into design and enumerat eas "Fire Dept . Notes" on plans .
Applicantor owner
Prior toissuance
ofbuildingpermit.
Applicant
shall
schedule
fire
dept.clearance inspection
Applicantor owner
Prior tofinal
buildinginspection
76 .FIRE012 - EMERGENCY WATER STANDARDS -WATER SYSTEMS
The provisions of this condition shall apply when ne w]
1
1
1
1•
a
T1_
Applicant
shall
incorporatespecification into design and enumerat eas "Fire Dept. Notes" on plans .
Applicantor owner
Prior t oissuanceof permit.
Lawrence (Country Lake Estate) (PLN040103 )Page 4 1
Applicant
shall
schedule
fire
dept.clearance inspection for each phase ofdevelopment.
Applicantor owner
Prior tofinal
buildinginspection
77 . EMERGENCY WATER STANDARDS : Submittal ofWater Utility Plan. A water utility plan shall b esubmitted to the Fire Authority for Review and approva lprior to the beginning of construction . The water utilityplan shall show the proposed locations of fire hydrant sin the subdivision as well as the size and capacity of al lwater mains . (California Department of Forestry,South County)
As
Described.
Applicant
shallincorporate
specification into design .and enumerate as "Fire Dept . Notes" onplans .
Applicantor owner
Prior tothe
beginningof
construct son .
78 . FIRE PROTECTION SYSTEMS AND BUILDINGFEATURES All buildings shall be fully protected withautomatic fire sprinkler system(s) meeting nationa lstandards applicable to the building andlor occupancy.(California Department of Forestry, South County)
As
Described.
Applicant
shallincorporate
specification into
designand enumerate as "Fire Dept . Notes" onplans .
Applicantor owner
Ongoing
79 . FIRE PROTECTION SYSTEMS AND BUILDINGFEATURES. All commercial buildings shall be fully
As
Described .
Applicant
shallincorporate
specification into
designApplicantor owner
Ongoing
Lawrence (Country Lake Estate) (PLN040103 )Page 42
Planning Commission 12-13-200 6
81 . NON-STANDARD LANGUAGEPrior to Map Recordation the applicant shall offer to
As Described . The offer was made bythe applicant to provide such a potentia lspace
for the
Sheriff on the H Ccommercial areas
adjacent to NewPleyto
Road .
The
PlanningCommission
has
formalized
the
Applicant /Subdivider
Prior tomap
Recordation
dedicate a 6 ,a
potential500 square foot lease space for purposes of
Sheriff's
substation,
should
SheriffDepartment funding and staffing eventually becom eavailable.
applicants offer with his condition .
Mitigation Measures
82 . 1 . MITIGATION
MEASURE
#1
(BIOLOGICAL As Described Applicant If tree sRESOURCES : NESTING BIRDS) : are to beShould trees be proposed for removal, the following removed)mitigation is required in order to minimize potentialadverse impacts to native resident special-status nesting 30 daysavian species : prior to
•
A pre-construction survey for special-status nesting treeavian species (and other species protected under the removalMigratory Bird Act) shall be conducted by a orqualified biologist at least 30 days prior to tree constructsremoval or initiation of construction activities that onoccur during the nesting/breeding season of nativebird species (typically February through August) .
If nesting birds are not found, no further actionwould be necessary .
•
If a bird were found, construction within 100 feet o fthe nest site should be postponed until after the birdhas fledged, or an appropriate construction bufferhas been established in consultation with the
Lawrence (Country Lake Estate) (PLN040103 )Page 43
California Department of Fish and Game. (RMAPlanning Department)
83 . 2 . MITIGATION 1VIEASURE #2 (GEOLOGY ANDSOILS: GEOTECMTICAL STUDY) :
In order to reduce potential adverse impacts from stron gseismic ground shaking to a less than significant level, ageotechnical report shall be prepared for each propose dstructure prior to its construction (commercial an dresidential) . (RMA Planning Department)
In conjunction with future developmen ton the subdivision site, a geotechnica lstudy shall be prepared by a registere dcivil or geotechnical engineer .
Thisreport shall include a soils report andan analysis of the liquefaction potentialof the underlying materials .
If aparticular
development
site
isconfirmed to be in an area prone to
Individualpropertyowners
Prior toissuance of
buildingpermits for
newstructures
seismically-induced
liquefaction,appropriate
techniques
to
minimizeliquefaction
potential
shall
beprescribed and implemented .
Suitable
measures
to
reduceliquefaction
impacts
could
include :specialized design of foundations by astructural
engineer;
removal
or.treatment of liquefiable soils to reducethe potential for liquefaction ; drainageto lower the groundwater table to belowthe level of liquefiable soils, in-situcompaction of soils ; or other alterationsto the ground characteristics .
84 . 3 . MITIGATION MEASURE #3 (GEOLOGY ANDSOILS: SITE -SPECIFIC INVESTIGATIONS) :In order to reduce potential adverse exposure of people orstructures to landslides to less than significant levels, sitespecific investigations shall be performed by a Count yapproved geologist for areas of moderate landslide hazard .Lots 4, 7, 9, 18-25, 29, 30, 35-37 are determined to hav emoderate landslide potential .
a)
Prior to issuance of any buildingpermits for lots 4, 7, 9, 18-25, 29 ,30, 35-37, a qualified geotechnicalengineer
and/or
engineeringgeologist shall prepare a thoroughsite-specific
geologic/geotechnicalstudies,
and
a
slope
stabilityanalysis
which shall incorporate
Individualpropertyowners
Prior toissuance of
buildingpermits for
newstructures
Lawrence (Country Lake Estate) (PLN040103 )Page 44
site specific recommendations. The .slope stability analysis is to mee tthe requirements of CDMG 1997(Guidelines
for
Evaluating
andMitigating
Seismic
Hazards
inCalifornia,
Special
Publication117) .
b)
During
construction,
engineeringgeologists
and
geotechnical
c)
engineers shall confirm preliminaryfindings reported in the preliminarystudies .All applicable recommendations o ffinal
geologic
and
geotechnicalinvestigations
prepared
for
theproject
shall
be
implemented .These
recommendations
mayinclude: avoidance of or setbacksfrom
areas
susceptible
tolandslides ;
grading
restriction
d)
areas; drainage improvements toensure potential landslide areas d onot become saturated; excavatingstandard keyways and benches in astair-step
configuration;
wateraddition or drying-out as needed tobring soils close to their optimummoisture content; limitations on cutand
fill
slope gradients;
and/orremoval and backfilling or potentia llandslide areas .During construction grading, clos ecoordination shall occur betweenthe civil engineer and the projectengineering
geologist
andgeotechnical engineer to ensure tha tthe
recommendations
of
thegeologic
and
geotechnical
Lawrence (Country Lake Estate) (PLN040103 )Page 45
investigations
are
properlyimplemented .
85 . 4 . MITIGATION MEASURE #4 (GEOLOGY ANDSOILS: SOILS /FOUNDATION REPORT):Future applicants proposing development within theareas determined to have a moderate landslide hazar dshall submit a site-specific soils/foundation report a spart of the application for any proposed BuildingPermit(s) .
To reduce the potential for foundationcracking, one or more of the following could b eimplemented and/or as recommended by a . qualifiedengineer, based on the conclusions of the soils report :
a)
Use continuous deep footings (i .e ., embedmentdepth of 3 feet or more) and concrete slabs ongrade
with
increased
steel
reinforcementtogether with a pre-wetting
and long-termmoisture control program within the activ ezone .
b) Removal of highly expansive material andreplacement with non-expansive import fill .material.
c)
The use of specifically designed drilled pier an dgrade beam system incorporating a structuralconcrete slab on grade supported approximately6 inches above the expansive soils .
d)
Chemical treatment with hydrated lime t oreduce the expansion characteristics of the soils .
Individualpropertyowners
Prior toissuance
ofbuildingpermitsfor new
structures
Lawrence (Country Lake Estate) (PLN040103 )Page 46
86 . 5 . MITIGATION MEASURE #5 (GEOLOGY ANDSOILS: GRADING & EROSION CONTROLPLAN) :A grading and erosion control plan that minimize serosion, sedimentation, and unstable slopes shall besubmitted and approved for development proposed inareas containing moderate or high erosion hazard.
a)
Methods such as retention basins ,drainage
diversion
structures ,grading
reduction,
siltfencing/coordinated
sedimenttrapping,
straw bales,
and
sandbags. These methods shall be usedto minimize erosion on slopes andsiltation into drainage facilities .
b)
Graded areas shall be revegetate dwithin
two
weeks
of
gradingactivities with deep-rooted, native ,drought-tolerant
species
tominimize slope failure and erosionpotential .
Geotextile
bindingfabrics shall be used if necessary t ohold slope soils until vegetation i sestablished.
c)
After
construction
of
tractimprovements
and
untilconstruction of individual homes ,exposed areas shall be stabilized t oprevent wind and water erosion,using methods approved by APCD .These
methods
may
includeimporting topsoil and/or the mixingof the highly erosive sand withfiner-grained materials (silt or clay)in sufficient quantities to prevent it sability to be transported by wind .The topsoil or silt/clay mixture is tobe used to stabilize the existingsoil . At a minimum, six inches oftopsoil or silt/clay/sand mixture i sto be used to stabilize the wind-erodable soils .
d)
Where necessary, site preparationshall include the removal of all or aportion of the expansive soils at
Individualpropertyowners
Prior toissuance
ofGradingPermits
Lawrence (Country Lake Estate) (PLN040103 )Page 4 7
building sites and replacement withcompacted fill .
e)
Where necessary, construction ontransitional lots shall include over -excavation
to
expose
firmsubgrade, use of post tension slabsin
future
structures,
or
othergeologically acceptable method.
f)
Landscaped
areas
adjacent
tostructures shall be graded so thatdrainage is away from structures .
g)
Irrigation shall be controlled so thatover-watering does not occur .
87 . 6 . MITIGATION MEASURE #6 (HAZARDS ANDHAZARDOUS MATERIALS
-
LANDSCAP EPLAN) :In order to reduce exposure to people or structures to asignificant risk of loss,
injury or death involvingwildland fires, where residences are intermixed withwildlands, individual property owners shall developLandscape Plans that incorporate native non-flammabl elandscape plant species .
Should this native non-flammable landscape not be
Concurrent
with
Map
Recordation ,Notices
shall be recorded on newparcels restricting high fuel-load non-native plant species from being planted .
Applicant /Subdivider
Concurrent withMap
Recordation
prior to occupancy of new residential orcommercial
structures,
owner
/applicants
shall
prepare
LandscapePlans, per county practice that drawsfrom list of plant materials attached tothis document as Landscape Exhibit D -
Individualpropertyowners
Prior tooccupancy
of newstructures
maintained, an Exterior Sprinkler System for any ne wstructure will be required on demand of the County ofMonterey, per Mitigation Measure #7 below .
1 .
88 . 7 . MITIGATION MEASURE #7 (HAZARDS ANDHAZARDOUS
MATERIALS :
STRUCTURALFIRE PROTECTION) :In order to reduce . exposure to people or structures to asignificant risk of loss, injury or death involving
Concurrent
with
Map
Recordation,Notices
shall be recorded on ne wparcels acknowledging the structura lFire Protection Measures required ofthis development, as described .
Applicant /Subdivider
Concurrent withMap
Recordation
Lawrence (Country Lake Estate) (PLN040103)Page 48
The following features are required :•
Exterior
Sprinkler
Systems.
Ifadequate vegetation management .zones are not employed, structure smust
have
exterior
exposuresprinkler
systems
separatelyapplied, per NFPA 13 .
(Successfuldesign
and
implementation
ofMitigation Measure #6 above shallnegate
the need to
implementExterior Sprinkler Systems .)
•
Class A Roofs . All structures in thedevelopment area shall have non-wood Class A roofs, with the end sof tile
blocked,
spark
arrestersvisible from the street, proper ventscreens,
and
non-combustiblegutters
and
down
spouts .
Nocombustible paper in or on atticinsulation shall be allowed.
•
Design
of Accessory
Features .Decks,
gazebos,
patio
covers ,fences,
etc .
must not
overhang
Individualpropertyowners
Ongoing
slopes and must be one-hour fireretardant construction. Front door sshould be solid core, minimally 1 3 4
inch thick. Garage doors should be .noncombustible .
•
Yard Characteristics . There should. be no exterior piles of hay on theproperty and wooden or plasti cfences or vegetation growing onfences should be prevented .
•
Utility Lines . All new power lineswill be installed underground inorder to prevent fires caused byarcing wires .
Lawrence (Country Lake Estate) (PLN040103 )Page 49
89 . 8 . MITIGATION MEASURE #8 (AIR QUALITY =CONSTRUCTION-RELATED IMPACTS )In order to mitigate potentially significant constructionrelated air quality impacts (as identified by MBUAPC i nthe July 24, 2006 response to the Notice of Intent t oAdopt a Mitigated Negative Declaration) the applican tshall implement the following mitigation measures toassure less than significant impacts to air quality .
Mitigation
Measures
for
Fugitive
Dust
from
As Described Applicant/Subdivider
Concurrent withroad
construction and
subdivision
improvements .
Construction
• Limit grading to 8 .1 acres per day, and grading andexcavation to 2.2 acres per day .•Water graded / excavated areas at least twice daily.Frequency should be based on the type of operations ,soil and wind exposure .
Prohibit all grading activities during periods of highwind (over 15 mph)+Apply
chemical
soil
stabilizers
on
inactiveconstruction areas (disturbed lands within constructionprojects that are unused for at least four consecutiv edays)+Apply non-toxic binders (e .g., latex acrylic copolymer)to exposed areas after cut and fill operations, and hydro -seed area .+Haul trucks shall maintain at least 2'0" of freeboard .+Cover all trucks hauling dirt, sand, or loose materials .+Plant tree windbreaks on the windward perimeter o fconstruction projects if adjacent to open land .•Plant vegetative ground cover in disturbed areas assoon as possible.+Cover inactive storage piles .+Install wheel washers at the entrance to constructio nsites for all exiting trucks .•Pave all roads at construction sites .
Lawrence (Country Lake Estate) (PLN040103 )Page 5 0
90 . 9 . MITIGATION MEASURE #9 (CUMULATIV EIMPACTS – REGIONAL TRAFFIC FEE)In order to mitigate regional traffic impacts that areindividually limited but cumulatively considerable (asidentified by CALTRANS in the July 19, 2006 respons eto the Notice of Intent to Adopt a Mitigated, NegativeDeclaration) the applicant shall implement the followingmitigation measures to assure less than significantcumulative
impacts
to
the
regional
transportationsystem :
•
The Transportation Agency of Monterey Count y(TAMC) has prepared a Nexus Study, datedSeptember 2005,
for a proposed RegionalDevelopment
Impact
Fee
Program
whichidentifies
proposed
regional
transportationimprovements . Based on the Proposed TAM Cprogram, this project shall contribute a "fai rshare"
contribution
as
mitigation
for
its 'cumulative
impacts
to
the
regionaltransportation system.
Concurrent
with
Map
Recordation,Notices
shall be recorded on ne wparcels
acknowledging
to
future
property.
owners their responsibility tocontribute in-lieu fees,
as describedherein,
to
mitigate
regional
trafficimpacts .
Applicant /Subdivider
Concurrent withMap
Recordation
Applicants for building permits shal lpay DPW the mitigation fee .
Homeowners and
commercialpropertyowners .
Prior toBuildingpermitsbeing
issued fornew
structures,or prior tocommentement ofcommerci
alactivities
onpropertie s
withoutstructures .
91 . 10 . MITIGATION
MEASURE
#10
(CULTURALRESOURCES)In order to assure less than significant potential impact sto Cultural Resources, the applicant, Country LakeEstates Industries, Inc (CLE Inc .) shall hire a monitoracceptable to the Salinan Tribe of Monterey, San Lui sObispo and San Benito Counties to be present durin grough grading operations for infrastructure constructio noccurring anywhere within or adjacent to cultura lresources as identified and set forth in the Clay Singerand Associates, Inc . Reports dated march 27, 2004 andMay 30, 2004 .
County
staff has
a
copy of theMemoranda of Understanding (MOUbetween the Salinan Tribe of Monterey,San Luis
Obispo
and San BenitoCounties and CLE Industries, agreeingto the presence of a tribal monitor .
Prior
to
earthmoving
activities,
theapplicant shall present telephone an daddress contact information betweenboth parties to the satisfaction of theCounty .
Applicant DuringRough
Gradingoperations
forinfrastruct
ureconstrue-
tion
END OF CONDITIONS
Lawrence (Country Lake Estate) (PLN040103)Page 5 1
/f
SOUTH COUNTY AREA
San Antonio Rec . Area * .. .
APPLICANT : LAWRENCE (COUNTRY LAKE ESTATES )
APN : 423-251-034-000 & 423-071-059-000
FILE # PLN040103
PLANNER : KINISON BROWN