planning commission county of monterey, state of …

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 )

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 .


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 .


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 .


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


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 .


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:


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


(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 .


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)

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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(('PWien' lN(/f('4s1(1I!/111,0 YC[l !!1/'('ll /or

[utiof1 10 /

at er téd.

licsponsibl* 'a

Yx*-

.^ ` `.arty for: „

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f

*0.h 7.tmzng

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3ofCOltlpltun( ( •,"'

Amu

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


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


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 -


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


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)


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 .


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 .


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


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)


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 .


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


the Director of Building Inspection.


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 .


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


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


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.


Applicant

Prior tofiling final. map


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 .


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 .


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 .


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


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


.

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


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


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


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


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


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 .


'

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 .


• 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 )


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


Prior tothe

recordati on of the

Final Map


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)


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)


Prior t othe

recordation of the

Final Map


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


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 .


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 .


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.


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


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


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


Prior toissuance of

buildingpermits for

newstructures


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


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 .


Prior toissuance

ofbuildingpermitsfor new

structures


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


Prior toissuance

ofGradingPermits


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 .


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 -


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 .


Concurrent withMap

Recordation


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


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 .


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 .


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 .


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

planning commission county of monterey, state of …

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