MEMORANDUM MONTEREY COUNTY PLANNING AND BUILDING INSPECTION DEPARTMENT

Transcription

1 MEMORANDUM MONTEREY COUNTY PLANNING AND BUILDING INSPECTION DEPARTMENT Date: Septembe 17, 2004 To: Fom: Planning Commissiones Mike Novo, Planning and Building Inspection Manage Tad Stean, Pacific Municipal Consultants Phone: (831) Fax: (831) cc: Wendy Stimling (County Counsel); Mati Noel (Housing and Redevelopment); Jessica Lyons (Monteey County Weekly); Joe Hayes (Webe, Hayes and Associates); Linda Rothamel; Al Mulholland (Wate Resouces Agency); Laua Lawence (Envionmental Health); Byce Hoi (Public Woks); Gillian Taylo (Siea Club); John McKeon (NOAA Fisheies); David Dilwoth (HOPE); Lisa Duggan; May Ann Matthews (CNPS); Linda Smith (Monteey Pine Foest Watch); Bevely G. Bean (League of Women Votes); applicant; Bian Finegan; ownes; Pacific Municipal Consultants; MPWMD Subject: Planning Commission Agenda Item #7, 1:30 PM Poteo Aea Subdivision (Rancho San Calos Patneship); Continuation of the August 25, 2004 Public Heaing Staff Recommendation Appove the poject as ecommended in the August 25, 2004 staff epot with the thee additional findings and two additional conditions included in this memoandum. Discussion This item was continued fom August 25, No changes have been made to the August 25, 2004 Planning Commission staff epot; howeve, the changes outlined heein will be incopoated into the esolution as appoved by the Planning Commission. This memoandum esponds to issues aised by the Planning Commission pio to continuance of the item. The memo also esponds to comments made by the National Oceanic and Atmospheic Administation National Maine Fisheies Sevice (NOAA Fisheies) at the August 25 heaing.

2 Issue 1: How fequently does Las Gazas Ceek go dy, and at what time of yea? Balance Hydologics Inc. has pepaed a seies of baseflow ecession hydogaphs that plot steamflow, ove time, fo a numbe of ceeks fom Soquel to the noth to Big Su in the south (Exhibit A). These flows, taken fom steam gauge data, illustate how flows decease though the summe months (fom May though Septembe) duing a seies of wate yeas. Rainfall fo each wate yea is also shown, to illustate if a given yea was a wet yea o a dy yea. The baseflow ecession hydogaph fo Las Gazas Ceek shows that the ate of eduction in flow geneally coesponds to ainfall totals. Howeve, because ainfall total is only one facto affecting when a steam ceases to flow (the time of yea the ain falls is anothe pimay facto), thee is not always a diect coelation between total ainfall and the timing of when a ceek goes dy. Howeve, based on the gaphs, thee ae no significant anomalies in baseflows at the Las Gazas gauge location following the commencement of inceased pumping at Rancho San Calos in This infomation povides a snapshot of the histoical ecod of baseflows in this location. Pehaps moe impotantly, baseflow ecession pattens at the Las Gazas gauge ae geneally consistent with the ecession pattens of othe ceeks (ceeks not connected to a wate system) duing the same yeas. This illustates that ainfall and coesponding baseflow conditions between diffeent ceeks in the egion ae geneally consistent. Issue 2: The conditions, mitigations and monitoing pogam that ae cuently in place fo the Santa Lucia Peseve ae complex. Ae County staff and the Wate Resouces Agency satisfied with the pogam, and willing and able to eview and monito the equiements and epoting documents pepaed by the Peseve to ensue compliance with the conditions? Planning and Building Inspection staff and the County s consultants have eviewed the hydological data and existing mitigation and conditions as pat of the Poteo poject eview, and ae satisfied with the pogam in tems of its ability to identify and espond to impacts should they occu. Staff s conclusions ae consistent with those of Webe, Hayes and Associates (the County s hydological pee eview consultant) as stated in thei August 30, 2004 summay of the mitigation pogam (Exhibit B). In addition, staff at the Wate Resouces Agency (WRA), who have been paticipants in discussions and meetings with planning staff, MPWMD and the applicant s hydologists, concu that although the monitoing pocess is detailed and multi-faceted, WRA undestands the pogam and is capable of eviewing and commenting on the epots as they ae geneated. Issue 3. How is the language of Condition of Appoval #25 (egading potected tee emoval) implemented? The applicant is equesting a pemit fo the emoval of up to 295 potected tees within the 29 homeland (building envelope) sites, and in aeas needed fo oads and diveways. This numbe is an estimate of the numbe of tees needed to accommodate

3 the poject, based on the 2000 Poteo Foest Management Plan. Staff has used that numbe consistently as a maximum theshold fo allowable tee emoval. Since tees ae of vaying density on the individual sites, staff pepaed a daft Maximum Tee Removal Chat (Exhibit C), to be finalized by the applicant as pat of the final suveying wok pio to final map submittal. The chat will be updated at that time to specify the maximum numbe of tees allowed fo emoval on each lot, oad impovement o diveway, based on final detailed infastuctue and tee suvey infomation. As each individual home site is poposed and eviewed by a staff planne, the Tee Removal Chat will define the maximum numbe of tees allowed fo emoval. Howeve, it emains the intent of the Planning and Building Inspection Depatment to wok with individual applicants to minimize tee emoval, pimaily though site plan eview. Any tee emoval in excess of the quantity identified in the chat will be discouaged, and will equie an additional discetionay pemit as equied by County Code. Issue 4: How is it ensued that visual impacts will be minimized (fo homes and oadways) and that idgeline development will not occu? As descibed in the Poteo EIR, the pimay mitigating facto fo visual impacts is distance fom public viewing aeas. Views fom Camel Valley Road. Photogaphs wee taken towad the poject site at seveal points along Camel Valley Road between Rancho San Calos Road and Robinson Canyon Road. Potions of Camel Valley Road ae visible fom some of the poposed lots, including Lots 9-11, 17, 21, 28 and 29. Lots 9 though 11 ae situated on a pominent ovelook with few tees, nea Chamisal Ridge. Camel Valley Road, patially visible fom all thee lots, is located appoximately two miles away. Most views into the Poteo aea fom Camel Valley Road ae blocked topogaphically. Oveall, views fom Camel Valley Road have a low level of intactness and unity, as foegound elements such as esidences, esidential landscaping, and utility poles encoach into the middle and backgound views. Lots 17 and 21 ae shielded fom Camel Valley Road by a thicket of oak woodland. Views fom Laueles Gade. Thee is one main ovelook tunout off of Laueles Gade and two othe mino locations that povide vistas towad the southwesten potion of Camel Valley in the diection of the Poteo poject site. Reflections off of ca windshields can be seen on Laueles Gade fom Lots 28 and 29. While views fom the tunout ae subject to high viewe sensitivity, oveall viewe sensitivity on Laueles Gade Road is low due to its steep, winding natue. In addition, the potions of the poject site viewable fom Laueles Gade ae a minimum of 5 miles away. Well designed and aesthetically blended stuctues in this aea (consistent with the Santa Lucia Peseve design standads) will not significantly affect views fom viewing points on Laueles Gade Road. The second mitigating facto fo visual impacts fom both Camel Valley Road and Laueles Gade is oppotunity fo sensitive building location. The homeland (building

4 envelope) aeas ae appoximately two to fou aces in size. Individual homesites will undego a discetionay appoval pocess and eview by a poject planne and have buildable aeas that avoid idgeline development. Existing odinances pohibit idgeline development fo new pacels. Any home sites that show a possibility of idgeline development would be equied to flag and stake the building outline to ensue that it would not esult in idgeline development. As concluded within the EIR, the envionmental impact of poject visibility is educed by distance, shot duation of views, and assuming continued implementation of the Peseve s design guidelines. Staff ecognizes that additional eview will be equied fo consistency with County Code as individual homes ae poposed. The EIR also addessed visual impacts fom oads and diveways. Thee ae two existing anch oads that will be impoved as pat of the subdivision, Goodich Tail and Wild Boa Run. Potions of these oads, paticulaly the steepe Goodich Tail, may be visible fom off-site locations. Howeve, as concluded in the EIR, the facto of distance and the fact that these will be impovements upon existing anch oads (athe than new oads) will not detact fom the vividness, intactness o unity of existing views, which is the citeia used in the EIR s evaluation. Issue 5: Public Heaing Comments by NOAA Fisheies Fom staff s independent eview of all mateial elated to the hydology of Las Gazas Ceek and the negotiated opeational potocol of Mooe s Lake, it is staff s conclusion that the poject unde eview, the Poteo Aea Subdivision, which will use appoximately 5% of the total wate poduced by the anch-wide wate system, will not (alone o in conjunction with the wate system) esult in an unmitigable impact upon Las Gazas Ceek (and theefoe public tust esouces). Staff disagees with NOAA Fisheies contention that the ceeks will be allowed to be dawn down to ecod o nea ecod dought levels because, as discussed in Issue 1, the mitigation pogam is adequate to addess the potential fo impact occuing diectly fom the wate system. Staff also ecognizes that, if at any time the poject does have the potential to violate the Endangeed Species Act, the applicant would be equied to obtain pope pemits fo incidental take consistent with fedeal law. While ecognizing existing laws, the following condition of appoval is poposed in ode to identify the timing of when the applicant would need to comply with the Endangeed Species Act. Additional Conditions Pio to County appoval of the final map, Rancho San Calos shall povide documentation to the Diecto of Planning that, if a fedeal agency equies take authoization fo the Poteo Subdivision to poceed, RSC has obtained an incidental take pemit o such othe take authoization as may be equied. HOUSING. Pio to the ecodation of the Final Map the develope shall execute an Inclusionay Housing Develope Ageement that shall be ecoded with the Final Map that sets foth the povisions to comply with the Inclusionay

5 Housing Odinance that was in effect at the time that the application was deemed complete. Additional Findings In addition to the findings contained within the August 25, 2004 Planning Commission staff epot, staff ecommends that the Planning Commission also make the following findings consistent with the cuent CEQA Guidelines and in suppot of the wate esouce analysis: 20. FINDING: That pio to appoving the poject, the Planning Commission finds and cetifies that: 1. The Final EIR has been completed in compliance with CEQA; 2. The Final EIR was pesented to the Planning Commission and that the Commission eviewed and consideed the infomation contained in the Final EIR pio to appoving the poject; and 3. The Final EIR eflects the lead agency s independent judgment and analysis. EVIDENCE: a) Cetification of the Santa Lucia Peseve Final EIR and appoval of the Santa Lucia Peseve Compehensive Development Plan. The Poteo Aea Subdivision Final EIR is a Supplemental EIR consistent with the analysis appoach and findings of the pio appovals. b) Section of the Public Resouces Code. The Final EIR has been pepaed by the County s EIR consultant consistent with Califonia Envionmental Quality Act and its implementing Guidelines. c) All eview, testimony and pesentations involving the Final EIR befoe the Camel Valley Land Use Advisoy Committee, Subdivision Committee and Planning Commission in the consideation and pocessing of the Poteo Aea Subdivision. 21. FINDING: Existing mitigation measues (e.g. Mitigation Measue #16 fom the Santa Lucia Peseve EIR) and conditions of appoval (Conditions #11, 14, 15, 16 and 51 of Resolution No ) ae technically sound and adequate to mitigate any decease in base flow in Las Gazas Ceek esulting fom implementation of the Santa Lucia Peseve. EVIDENCE: a) Webe, Hayes & Associates, Pee Review of Comments on Potential Steam Flow Impacts, Potential Subdivision EIR, Febuay 2, 2004, finding existing mitigation stategies to identify and mitigate potential impacts of pumping on steam base flow technically sound. b) Expet testimony at Planning Commission heaing May 26, 2004 by Joseph Hayes, Cetified Hydogeologist #373, Webe Hayes & Associates. c) Memoandum fom Joseph Hayes dated August 30, 2004 d) Testimony pesented both oally and in witing by hydological consultants/expet witnesses (Mak Woyshne, Polly Boissevain and Scott Bown) at Planning Commission heaing, August 25, e) Lette to Monteey County Planning Commission fom Andew M. Bell, Planning & Engineeing Division Manage, Monteey Peninsula Wate Management Distict, August 24, 2004.

6 f) Final Santa Lucia Peseve EIR, Volume III, Response to Comments 16, 17, 18, 19, 20, 22, 23, 24 and 25, pp FINDING: The Poteo Aea Subdivision Combined Development Pemit does not authoize any act o use that esults in the taking of a theatened o endangeed species o any act that is now pohibited, o becomes pohibited in the futue, unde eithe the Califonia Endangeed Species Act (Fish and Game Code Sections 2050 to 2097) o the Fedeal Endangeed Species Act (16 USCA Sections 1531 to 1544). The Subdivide shall be esponsible fo meeting all equiements, if any, of the applicable Endangeed Species Act fo the poject authoized unde this Combined Development Pemit. EVIDENCE: Peceding Findings (#1, 2, 3, 20, and 21) and suppoting Evidence. Exhibits Exhibit A: Baseflow Recession Gaphs, Balance Hydologics, Inc., 2004 Exhibit B: Memo fom Joe Hayes, Webe Hayes & Associates egading summay of mitigation pogam, August 30, 2004 Exhibit C: Daft Maximum Tee Removal Chat (as equied by Condition #25) Exhibit D: Lette fom Bian Finegan, Septembe 8, 2004 with additional ecommended findings. Exhibit E: Lettes fom NOAA, August 25, 2004 and Ellison, Schneide & Hais dated July 23, 2004 Monteey County Planning and Building Inspection Condition Compliance and/o Mitigation Monitoing Repoting Plan Poject Name: Rancho San Juan File No: DEV0301 & PLN Appoval by: *Monitoing o Repoting efes to pojects with an EIR o adopted Mitigated Negative Declaation pe Section of the Public Resouces Code. Pemit Conditions of Appoval and/o Mitigation to be pefomed. Whee applicable, a cetified pofessional is equied fo

7 Pemit Conditions of Appoval and/o Mitigation 1. Combined Development Pemit consisting of: 1) Vesting Tentative Subdivision Map to ceate pacels fo 739 single-family units, 338 multifamily units, two pacels totaling 7.6 aces fo 141 golf villas/timeshaes, two pacels fo 45,000 sq. ft. of commecial use, 216 aces fo an 18-hole golf couse, aces of open space, 10.7 aces of paks, a 7.3 ace pacel fo golf couse maintenance facilities, 11.3 aces of oads, a 15.4 ace pacel fo wastewate teatment facility and 32.8 aces fo Highway 101 Bypass; and fou (4) Use Pemits fo wastewate teatment plant, golf couse, development on slopes ove 30% and tee emovals. The popety is on nine (9) existing pacels occupying appoximately 671 aces Noth of San Juan Gade Road and East of Haison Road (Assesso s Pacel s , , , , , , , and ), Geate Salinas Aea and Rancho San Juan Specific Plan. The poject is in accodance with County odinances and land use egulations subject to the following tems and conditions. The uses pemitted shall be as specified in Table 7-4, Pemitted Uses Matix, in the Rancho San Juan Specific Plan. Neithe the uses no the constuction allowed by this pemit shall commence unless and until all of the conditions of this pemit ae met to the satisfaction of the Diecto of Planning and Building Inspection. Any use o constuction not in substantial confomance with the tems and conditions of this pemit is a violation of County egulations and may esult in modification o evocation of this pemit and subsequent legal action. No use o constuction othe than that specified by this pemit is allowed unless additional pemits ae appoved by the appopiate authoities. to be pefomed. Whee applicable, a cetified pofessional is equied fo

8 Pemit Conditions of Appoval and/o Mitigation (Planning and Building Inspection) to be pefomed. Whee applicable, a cetified pofessional is equied fo 2. Pusuant to the State Public Resouces Code, State Fish and Game Code, and Califonia Code of Regulations, the applicant shall pay a fee, to be collected by the County, within five (5) calenda days of poject appoval pio to filling of the Notice of Detemination. This fee shall be paid on o befoe the filing of the Notice of Detemination. Poof of payment shall be funished by the applicant to the Diecto of Planning and Building Inspection pio to the ecodation of the tentative map, the commencement of the use, o the issuance of building and/o gading pemits, whicheve occus fist. The poject shall not be opeative, vested o final until the filing fees ae paid. (Planning and Building Inspection) 3. The applicant shall comply with all poject-specific mitigation measues as cetified and adopted by the County within the Rancho San Juan and HYH Poject EIR, and as specified within the adopted Mitigation Monitoing and Repoting Pogam. (Planning and Building Inspection) 4. NOTE ON FINAL MAP - A note shall be included on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: Repots have been pepaed fo this popety as listed below, and ae on file in the Monteey County Planning and Building Inspection Depatment. The ecommendations contained in said epots shall be followed in all futhe development of this popety. Wildlife Suvey Repot and Botanical Poof of payment shall be funished by the applicant to the Planning and Building Inspection Evidence of compliance with the poject specific mitigation measues shall be submitted to Planning and Building Inspection Applicant s enginee shall include note on Final Map Final Map with notes shall be submitted to Planning and Building Inspection and Public Woks fo eview.

9 Pemit Conditions of Appoval and/o Mitigation Inventoy and Suvey Repot fo Special Status Plant Species by Sycamoe Envionmental Consultants dated July 9, Geotechnic, Hydologic and Geotechnical Assessment Repot Rancho San Juan by Kleinfelde, Inc., Mach 12, 2003 Foest Management Plan by /Staub Foesty and Envionmental Consulting dated June 2004 Compehensive Dainage Contol Repot and Pecolation Ponds by /Besto Enginees dated June 11, The note shall be located in a conspicuous location, subject to the appoval of the County Suveyo. (Planning and Building Inspection) 5. NOTE ON FINAL MAP: A note shall be included on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: CC& R's fo the esidential development shall contain the following egulations fo landscaping: a) landscaping with the use of native, noninvasive, dought-toleant and/o fie esistant plant mateials is mandatoy; b) extensive use of non-native tuf is pohibited; c) landscape iigation systems shall utilize low pecipitation spinkle heads, bubbles, dip iigation systems and timing devices to minimize wate use; and, d) landscape design shall incopoate vegetation management and fuel modification pinciples to educe the quantity of flammable mateial conducive to wildfie. (Planning to be pefomed. Whee applicable, a cetified pofessional is equied fo Applicant s enginee shall include note on Final Map

10 Pemit Conditions of Appoval and/o Mitigation and Building Inspection) to be pefomed. Whee applicable, a cetified pofessional is equied fo 6. NOTE ON FINAL MAP AND IMPROVEMENT PLANS: A note shall be included on the Subdivision Impovement Plans and on the final map fo each phase o a sepaate sheet to be ecoded with each phase of the final map indicating that Undegound utilities ae equied in this subdivision in accodance with Chapte , Title 19 of the Monteey County Code. Such facilities shall be installed o bonded pio to filing the final map. The note shall be located in a conspicuous manne subject to the appoval of the Diecto of Planning and Building Inspection. (Planning and Building Inspection) 7. NOTE ON FINAL MAP: A note shall be included on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: Mandatoy gabage collection shall be equied and that the poject shall comply with the Monteey County Solid Waste Management Plan including ecycling effots. (Planning and Building Inspection) 8. NOTE ON FINAL MAP AND IMPROVEMENT PLANS: A note shall be included on the Subdivision Impovement Plans and on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: Soil distubance activities, such as oad gading, shall be limited to the peiod between Apil 15 and Octobe 15 unless Winte season opeating conditions of the Eosion Contol Odinance ae met Applicant s enginee shall include note on Subdivision Impovement Plans and Final Map Applicant s enginee shall include note on Final Map Applicant s enginee shall include note on Subdivision Impovement Plans and Final Map.

11 Pemit Conditions of Appoval and/o Mitigation and in place and ae identified on the eosion contol plan and impovement plans subject to the appoval of the Diecto of Planning and Building Inspection pio to filing the Final Map. In addition, any soil exposed duing constuction between Octobe 15 and Apil 15 shall be potected by implementing Conditions 48, 53, 65, and 121. A note egading eosion contol fo Winte season gading opeations shall be included on the eosion contol plan and the impovement plans and incopoated in the CC& R's. (Planning and Building Inspection) 9. NOTE ON FINAL MAP AND IMPROVEMENT PLANS: A note shall be included on the Subdivision Impovement Plans and on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: That any steet lights in the development be appoved by the Diecto of Planning and Building Inspection and Public Woks. (Planning and Building Inspection) 10. NOTE ON FINAL MAP AND IMPROVEMENT PLANS: A note shall be included on the Subdivision Impovement Plans and on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: That a gading pemit shall be equied pusuant to the Monteey County Code elative to Gading, Chapte (Planning and Building Inspection) to be pefomed. Whee applicable, a cetified pofessional is equied fo Applicant s enginee shall include note on Subdivision Impovement Plans and Final Map. Applicant s enginee shall include note on Subdivision Impovement Plans and Final Map.

12 Pemit Conditions of Appoval and/o Mitigation 11. NOTE ON FINAL MAP AND IMPROVEMENT PLANS: A note shall be included on the Subdivision Impovement Plans and on the final map o by a sepaate document that shall indicate its elationship to the final map, ecoded simultaneously with the final map, as follows: No wetland alteation shall be allowed unless in accodance with a pemit issued by the U.S. Amy Cops of Enginees. (Planning and Building Inspection) 12. The applicant shall ente into an ageement with the County to implement a Mitigation Monitoing and/o Repoting Plan in accodance with Section of the Califonia Public Resouces Code and Section of Title 14, Chapte 3 of the Califonia Code of Regulations. Compliance with the fee schedule adopted by the Boad of Supevisos fo mitigation monitoing shall be equied and payment made to the County of Monteey at the time the popety owne submits the signed mitigation monitoing ageement. (Planning and Building Inspection) 13. Owne heeby eleases the County fom and agees that the County shall not be liable fo and agees to and shall defend and indemnify and hold the County and its elective and appointive boads, commissions, offices, agents and employees, hamless fom and against any liability o claims fo liability (a) fo pesonal injuy, including death, and/o popety damage, eceived o sustained o alleged to have been eceived o sustained by any peson o entity in connection with o on account of the pefomance of wok on the Poject, except whee such injuy o damages was caused by the negligence o intentional acts of the County o its epesentatives, offices, agents o employees; (b) to the extent that any expenditue by o on behalf of the County heeunde is detemined by a cout of competent juisdiction not to povide a public to be pefomed. Whee applicable, a cetified pofessional is equied fo Applicant s enginee shall include note on Subdivision Impovement Plans and Final Map. Ente into ageement with the County to implement a Mitigation Monitoing Pogam. Fees shall be submitted at the time the popety owne submits the signed mitigation monitoing ageement. Poof of ecodation of the Indemnification Ageement, as outlined, shall be submitted to Planning and Building Inspection

13 Pemit Conditions of Appoval and/o Mitigation benefit; (c) fom any lawsuit to attack, set aside o annul this Ageement o any Development Appovals o Subsequent Development Appovals, othe than by a paty to this Ageement o such paty s tansfeees; (d) fo damages o injuy caused by one o moe Development Appovals o Subsequent Development Appovals; o (e) to impose pesonal liability against such offices, agents o employees caused by one o moe of the Development Appovals. Owne futhe agees to aid and defend the County with each paty to bea its own cost and expense and Owne may intevene in its own ight in the event the County is named as a defendant in an action concening the pefomance of wok by the County pusuant to this Ageement, except whee such suit is bought by Owne. The County eseves the ight to paticipate in the defense. Nothing in this paagaph o this Ageement shall ceate any liability of Owne o the County to thid paties which liability did not o does not exist absent this Ageement. Neithe Owne no the County shall be liable fo any settlement without its consent. This indemnification includes payment to County by Owne of all judgments and settlements imposed on the County within the scope of this indemnification. The indemnification povisions of this Section 9.1 shall suvive temination. 14. That a consevation easement be conveyed to the County of Monteey o the Santa Lucia Consevancy, o othe qualified tax-exempt nonpofit oganization appoved by the County ove those potions of the popety whee the slope exceeds 30 pecent. Potions of the popety fo which a use pemit fo development on slopes in excess of 30% has been appoved shall be accepted fom the consevation easement. Consevation to be pefomed. Whee applicable, a cetified pofessional is equied fo Submit appoved and ecoded consevation easement to Planning and Building Inspection

14 Pemit Conditions of Appoval and/o Mitigation easement deed to be submitted to and appoved by the Diecto of Planning and Building Inspection, accepted by the Boad of Supevisos and ecoded concuent with filing of the final map. (Planning and Building Inspection) 15. Impovement and gading plans shall include an implementation schedule of measues fo the pevention and contol of eosion, siltation and dust duing and immediately following constuction and until eosion contol planting becomes established. This pogam shall be appoved by the Diecto of Planning and Building Inspection. (Planning and Building Inspection) 16. Pio to the issuance of a building pemit, the applicant shall eimbuse the County fo a shae of the total Specific Plan and EIR costs (Planning and Building Inspection) 17. Pio to the issuance of a building pemit, the applicant shall pay a fie impact of $0.29 pe squae foot of esidential constuction. (Planning and Building Inspection) 18. Pio to issuance of a building pemit, the applicant pay a libay impact fee of $0.108 pe squae foot of esidential constuction, adjusted to eflect the change in the U.S. Depatment of Labo, Bueau of Labo Statistics Chained Consume Pice Index fo All Uban Consumes ( C-CPI-U ) between the date of full execution of this stipulation and the date when the fees ae paid (see Paagaph 5.d. of the Stipulation between HYH Copoation and Monteey County filed on Septembe 10, 2002). to be pefomed. Whee applicable, a cetified pofessional is equied fo Evidence of compliance with the Implementation Schedule shall be submitted to Planning and Building Inspection duing the couse of constuction until poject completion as appoved by the Diecto of Planning and Building Inspection County shall calculate the equied amount as set foth in Paagaph 8.c. of the Stipulation between HYH Copoation and Monteey County filed on Septembe 10, Applicant shall pay the full amount due pio to issuance of the fist building pemit. Pay the equied fee and povide poof of payment to Planning and Building Inspection Pay the equied fee and povide poof of payment to Planning and Building Inspection Comment: This condition needs to be negotiated with Noth County Fie Distict. Coodinate with Condition 196 (Noth County Fie Distict) and Section of Development Ageement. Need to add woding explaining that if the fie station site is dedicated to the fie distict, the land value would be cedited against the fee. May want to efeence County s Public Facilities Odinance.

15 Pemit Conditions of Appoval and/o Mitigation (Planning and Building Inspection) to be pefomed. Whee applicable, a cetified pofessional is equied fo 19. Pio to the issuance of a building pemit, the applicant shall pay any applicable school impact fees to the Santa Rita Union School Distict, Lagunita Elementay School Distict and Salinas Union High School Distict (see Paagaph 5.d. of the Stipulation between HYN Copoation and Monteey County filed on Septembe 10, 2002). (Planning and Building Inspection) 20. The applicant shall ecod a notice which states: A pemit (Resolution ) was appoved by the (HEARING BODY) fo Assesso s Pacel on (DATE). The pemit was ganted subject to conditions of appoval which un with the land. A copy of the pemit is on file with the Monteey County Planning and Building Inspection Depatment. Poof of ecodation of this notice shall be funished to the Diecto of Planning and Building Inspection pio to issuance of building pemits o commencement of the use. (Planning and Building Inspection) LAND USE Pio to appoval of a building pemit fo etail and industial buildings located within 100 feet of light sensitive aeas (e.g. esidential, medical cae facilities), the applicant shall submit a lighting study to confim that light within adjacent lightsensitive popety complies with Policy of the Geneal Plan. (Planning and Building Inspection) Pay the equied school fees and povide poof of payment to Planning and Building Inspection Poof of ecodation of this notice shall be funished to Planning and Building Inspection Submit thee copies of lighting study to Planning and Building Inspection

16 Pemit Conditions of Appoval and/o Mitigation TRAFFIC AND CIRCULATION The applicant shall pay an amount not to exceed $16,017,310 as a taffic fee fo egional, and local off-site commecial and esidential taffic impacts to be paid on a pe unit o pe squae foot basis at the time of issuance of building pemits. Taffic fees ae as follows: to be pefomed. Whee applicable, a cetified pofessional is equied fo Pay equied fees and povide poof of payment to Planning and Comment: taffic Building Inspection Housing $13,546,095 Maket-Rate/Wokfoce Housing No. Units: 862 $/Unit: $13,794 Total Fees: $11,890,733 Modeate No. Units: 86 $/Unit: $9,259 Total Fees: $796,305 Low Income No. Units: 64.5 $/Unit: $7,039 Total Fees: $454,038 Vey Low Income No. Units: 64.5 $/Unit: $6,279 Total Fees: $405,018 Othe $2,471,216 Commecial (1,000 sq. ft.) No. Units: 45 $/Unit: $9,118 Total Fees: $410,298 Golf Couse No. Units: 1 $/Unit: $342,650 Total Fees: $342,650 Guest Villas/Timeshaes No. Units: 141 $/Unit: $12,186 Total Fees: $1,718,268

17 Pemit Conditions of Appoval and/o Mitigation $16,017,310 Total Taffic Fees: In addition to the above taffic impacts fees HYH shall: 1) constuct at its cost o cause to be constucted by a Community Facilities Distict, all steets and oads within the HYH Popety Poject, such impovements, by pio ageement, will be owned by the County and maintained by a Community Sevices Distict o othe suitable o appopiate entity; and 2) fund, eithe by diect payment of taffic fees o though a Community Facilities Distict, County acquisition of land o ight of way, though negotiation o eminent domain, and constuction of all of the off-site oad and taffic impovements seving the HYH Popety Poject. Pusuant to pio ageements, all of these impovements will be owned by the County and maintained by a Community Sevices Distict, o if the impovement is to be pat of the existing County oad system, by the County. All such public oads and taffic impovements shall be constucted in accodance with accepted local engineeing standads and Specific Plan standads. All backbone oad systems, to the extent funded diectly o indiectly by HYH, including off-site oad and taffic impovements shall be eligible fo fai shae eimbusement fom futue development benefiting fom the facilities. The following off-site oad and taffic impovements seving the HYH popety poject ae among those eligible fo fai shae eimbusement fom futue development benefiting fom the facilities: Poject access impovements on J Steet/Stiling Road fom the development to be pefomed. Whee applicable, a cetified pofessional is equied fo

18 Pemit Conditions of Appoval and/o Mitigation site to its intesection with San Juan Gade Road; Signal and intesection impovements at Stiling Road/San Juan Gade Road. This intesection shall opeate at acceptable levels of sevice; A nothwest poject access between the development site and its intesection with Haison Road; Signal and intesection impovements at the intesection of nothwest access oad and Haison Road. This intesection shall opeate at acceptable levels of sevice; and Emegency access oads as equied by the fie depatment. (Planning and Building Inspection, Public Woks, Noth County Fie Potection Distict) (NCFPD IS QUESTIONABLE TBD.) LANDFORM ALTERATION/VISUAL QUALITY Pio to the issuance of a gading pemit fo development phases o fo individual lots, the applicant shall submit a plan fo the eview and appoval of the Monteey County Planning and Building Inspection Depatment that identifies building envelopes on each poposed lot that would minimize gading impacts and potect the public view shed by avoiding idgeline development. (Planning and Building Inspection) b BIOLOGY The applicant shall be esponsible fo implementing habitat estoation effots to impove the plant divesity and coveage within distubed habitat within consevation aeas (shown as an Open Space Peseve/Mitigation Aea on Figue 9-2b, Alt. 4E Landscape Plan, in the Rancho San Juan Specific Plan) as set foth in Section (Application of to be pefomed. Whee applicable, a cetified pofessional is equied fo Submit thee copies of site plans to Planning and Building Inspection fo eview and appoval Qualified biologist shall pepae enhancement plan

19 Pemit Conditions of Appoval and/o Mitigation Technology/Techniques to Achieve Goal) of the Rancho San Juan Specific Plan. Pio to undetaking any habitat enhancement activities, an enhancement plan shall be pepaed by the develope o esouce management entity (see Resouce Management Entity Mitigation Measue). At a minimum, the plan shall include the following components: planting palette and planting and maintenance specifications. The enhancement plan shall be submitted fo eview and appoval by the Monteey County Planning and Building Inspection Depatment. Enhancement effots within wetlands shall also be subject to eview and appoval by the Califonia Depatment of Fish and Game and/o the U.S. Amy Cops of Enginees, as appopiate. (Planning and Building Inspection) c BIOLOGY Pio to the appoval of a Final Map fo futue development pojects in o adjacent to ipaian habitat, the County of Monteey shall veify that a setback, detemined acceptable to the CDFG and U.S. Amy Cops of Enginees ae incopoated into the design. Setback aeas shall be planted with appopiate native plant species. Development shall be esticted in this buffe aea except fo impovements associated with passive eceational uses such as pedestian tails, picnic tables, and benches, etc. Any passive eceation impovements within the buffe aea shall be sited and designated to avoid diect and diect impacts to ipaian habitat. (Planning and Building Inspection) d BIOLOGY Pio to appoval of a final gading plan which would impact juisdictional wates of the U.S. and/o wetlands, the County of Monteey shall veify that the appopiate pemits have been obtained (e.g. Individual o Nationwide 404 Pemit to be pefomed. Whee applicable, a cetified pofessional is equied fo Applicant s enginee shall pepae site plan showing setbacks Comment: ecodation Submit evidence to Planning and Building Inspection that pemits have been obtained.

20 Pemit Conditions of Appoval and/o Mitigation and Steambed Alteation Ageement). (Planning and Building Inspection) e BIOLOGY To the geatest extent possible, the final design of the golf couse shall etain suface dainage channels between golf couse to pomote continuity in the natual dainage system between holes 12 though 15. (Planning and Building Inspection, Public Woks, and Wate Resouces Agency) BIOLOGY Pio to issuance of a gading pemit fo land which distubs gassland habitat, an applicant shall pepae a Detailed Habitat Restoation Plan to be appoved by the County of Monteey. This Plan shall identify the exact amount and location of impacted gassland and fagant fitillay, and identify the appopiate location fo eplacement o estoation of native gassland and fagant fitillay within the Consevation Aeas, specify an appopiate plant palette, and povide specifications fo installation and maintenance of the eplacement habitat. The Plan shall equie a five-yea monitoing pogam, which will assess pogess based on specific success standads identified in the Plan. Native gassland shall be compensated on a 1:1 basis which shall consist of ceation of new gassland habitat. The loss of individual fagant fitillay shall be on a 1:1 basis. (Planning and Building Inspection) a BIOLOGY Pio to ecodation of a Final Map, all land designated as Consevation Aea within the Final Map aea shall be placed in an open space easement which pohibits any distubance o change in the vegetation. The ight-of-way fo the Punedale Bypass shall not be equied to be placed in an open to be pefomed. Whee applicable, a cetified pofessional is equied fo Comment: ponds Qualified biologist shall pepae detailed Habitat Restoation Plan. Submit plan to Planning and Building Inspection fo eview and appoval. Submit appoved and ecoded open space easement to Planning and Building Inspection

21 Pemit Conditions of Appoval and/o Mitigation space easement as long as the ight-of-way is potentially equied. (Planning and Building Inspection and Public Woks) to be pefomed. Whee applicable, a cetified pofessional is equied fo b BIOLOGY Pio to ecodation of a final map, the County of Monteey shall confim that development located in o within 100 feet of aquatic and/o ipaian habitat includes guidelines to pevent contamination of these habitats by pesticides, hebicides, fungicides, and fetilizes. Landscaping shall include appopiate native plant species and shall not include plantings of non-native, invasive plant species. (Planning and Building Inspection) b BIOLOGY No moe than 30 days pio to gading o constuction in o within 100 feet of ipaian, woodland o gassland habitats that would occu duing the nesting and/o beeding season of special-status bid species potentially nesting in the aea (geneally Mach 1 though August 1), the applicant shall complete a pe-constuction bid suvey conducted by a qualified biologist to detemine if active nests of special-status bid species occu in o adjacent to the poposed constuction aea. The suvey shall include all appopiate nesting aeas in the constuction zone and within 200 feet of the constuction zone. If active nest(s) ae found, cleaing and constuction within 200 feet of the nest(s) shall be postponed o halted until the nest(s) ae vacated and juveniles have fledged and thee is no evidence of a second attempt at nesting, at the discetion of the biologist. (Planning and Building Inspection) c BIOLOGY No moe than 30 days pio to gading o constuction in o within 100 feet of gassland habitats that would occu duing the nesting season o winte esidency peiod fo buowing owls Qualified biologist shall pepae guidelines and submit thee copies of guidelines to Planning and Building Inspection fo eview and appoval Qualified biologist shall complete a pe-constuction suvey. Poof of completion of the suvey shall be submitted to Planning and Building Inspection. Qualified biologist shall complete a pe-constuction suvey. Poof of completion of the suvey shall be submitted to Planning and Building Inspection.

22 Pemit Conditions of Appoval and/o Mitigation (geneally Decembe 1 though August 1), the applicant shall complete a pe-constuction suvey fo buowing owls conducted by a qualified biologist. The suvey shall include all aea in the constuction zone and within 200 feet of the constuction zone. If active buows ae found in the suvey aea, the applicant shall pepae a buowing owl habitat mitigation plan and submit it to CDFG fo eview and appoval. The buowing owl habitat mitigation plan shall contain mitigation measues contained in the CDFG Staff Repot on Buowing Owl Mitigation (CDFG1995). Compliance with this mitigation measue shall include, but not be limited to, the following: Avoidance of occupied buows duing the nesting season (Febuay 1 though August 31); Acquisition, potection and funding fo longtem management and monitoing of foaging habitat adjacent to occupied habitat; Enhancement of existing buows and/o ceation of new buows; and/o Passive elocation of buowing owls in accodance with the CDFG epot on buowing owls. (Planning and Building Inspection) d BIOLOGY No moe than 30 days pio to gading o constuction in aeas suspected to suppot coast honed lizad, westen pond tutle, Monteey duskyfooted woodat, and special-status bat species, the applicant shall complete a pe-constuction suvey conducted by a qualified biologist. If individuals of these species ae obseved, a salvage and elocation pogam shall be pepaed in coodination with CDFG to pevent death o injuy to individuals of to be pefomed. Whee applicable, a cetified pofessional is equied fo Qualified biologist shall complete a pe-constuction suvey. Poof of completion of the suvey shall be submitted to Planning and Building Inspection.

23 Pemit Conditions of Appoval and/o Mitigation these species duing gading o constuction opeations. The salvage pogam shall include measues to emove individuals fom the poject site pio to and duing poject gading and constuction, and to elocate them to neaby potected habitat o othe suitable locations specified in the pogam. (Planning and Building Inspection) e BIOLOGY Pio to appoval of a gading pemit fo futue development pojects in o within 100 feet of ipaian habitat, the County of Monteey shall veify that oange plastic o othe tempoay demacation has been installed along the bounday of ipaian habitat. The fencing shall emain in place until all constuction activities ae complete. Soil compaction, paking of vehicles o heavy equipment, stockpiling of constuction mateials, and/o dumping of mateials shall not be allowed within the Consevation Aeas. (Planning and Building Inspection) BIOLOGY Pio to issuance of a gading pemit that could impact wetland habitat, a detailed Habitat Restoation Plan shall be submitted and appoved by the County of Monteey. The Plan shall be geneally consistent with the location and species mix illustated in Figue 5.4-2, and descibed in this EIR. This Plan shall identify the exact amount and location of impacted wetland habitat, identify the poposed locations fo eplacement o estoation of wetland habitat within the Consevation Aeas epesenting an oveall atio of 3:1; at least 1:1 must be compised of wetland ceation. A lowe oveall atio may be undetaken with the concuence of the Califonia Depatment of Fish and Game based on the habitat value of the aea to to be pefomed. Whee applicable, a cetified pofessional is equied fo Submit evidence of habitat potection to Planning and Building Inspection Comment: issuance Qualified biologist shall pepae Habitat Restoation Plan. Submit plan to Planning and Building Inspection fo eview and appoval

24 Pemit Conditions of Appoval and/o Mitigation be impacted. The Plan shall specify an appopiate plant palette, and povide specifications fo installation and maintenance of the eplacement habitat. The Plan shall specify the use of locallyobtained native species. The Plan shall equie a five-yea monitoing pogam, which will assess pogess based on specific success standads identified in the Plan. At the end of five yeas, suvivoship of planted ipaian scub species will be a minimum of 75% of the total numbe initially planted. Taget species will compise a minimum of 70% of all scub species pesent in ipaian scub habitats. Othe peennial native shub species that colonize the ipaian scub planting aeas can be used to calculate the final success citeia. The planting pogam shall be completed pio to issuance of the fist building occupancy pemit. In addition, the applicant shall implement Mitigation Measues 5.4-1b, 5.4-1c, 5.4-1d and 5.4-1e. (Planning and Building Inspection) a BIOLOGY Pio to any distubance of land which would impact oak woodland habitat, a detailed Habitat Restoation Plan shall be submitted and appoved by the County of Monteey. The plant mateial and location shall eflect that shown on Figue and descibed in the EIR. The plan shall povide fo the eplacement o estoation of 10 aces of oak woodland (4:1) within the Consevation Aeas, of which 2.5 aces (1:1) would epesent new oak woodland. The Plan shall specify an appopiate plant palette, and povide specifications fo installation and maintenance of the eplacement habitat. The Plan shall equie a five-yea monitoing pogam. At the end of five yeas, suvivoship of planted tee and shub species will be a minim um of 70 pecent, of the total numbe to be pefomed. Whee applicable, a cetified pofessional is equied fo Qualified biologist shall pepae Habitat Restoation Plan. Submit out) plan to Planning and Building Inspection fo eview and appoval Comment: Check with PDC to find out if this mitigation measue applies to HYH (Bob S. has ed Buce to find

25 Pemit Conditions of Appoval and/o Mitigation initially planted. Taget species will compise a minimum of 70 pecent of all tee and shub species pesent. Othe native species that colonize the oak gove planting aeas can be used to calculate the final success citeia. (Planning and Building Inspection) to be pefomed. Whee applicable, a cetified pofessional is equied fo BIOLOGY Pio to any distubance of land which would impact mixed native/non-native gassland habitat, a detailed Habitat Restoation Plan shall be submitted and appoved by the County of Monteey in consultation with the Califonia Depatment of Fish and Game. The plant mateial and location shall eflect that shown on Figue and descibed in this EIR. The plan shall povide fo the eplacement o estoation of impacted peennial gassland at a atio of 1:1. The Habitat Restoation Plan shall include a focused gassland suvey which shall be conducted at the appopiate time of yea by a qualified biologist. This suvey shall quantify and map the aea of native/non-native gassland habitat which would be impacted by the poposed development. The Plan shall specify an appopiate plant palette, and povide specifications fo installation and maintenance of the eplacement habitat. The Habitat Restoation Plan shall also povide compensation fo all fagant fitillay plants which ae impacted. The gassland suvey Qualified biologist shall pepae Habitat Restoation Plan. Alana Submit Knaste plan to Planning and Building Inspection fo eview and appoval Comment: PDC, EMC and Sycamoe to confe egading this measue though

26 Pemit Conditions of Appoval and/o Mitigation shall detemine the location and numbe of plants to be impacted. The Plan shall specify the tansplantation pocess fo the fagant fitillay plants. In addition, it shall equie planting of additional fagant fitillay plants at a atio of 2:1 fo each tansplanted plant. The Plan shall equie a five-yea monitoing pogam. At the end of five yeas, a plant cove of 90 pecent shall be achieved. Taget species will compise a minimum of 70 pecent of all peennial gass species pesent in peennial gassland planting aeas. Othe native gass species that colonize the peennial gassland planting aeas can be used to calculate the final success citeia. In addition, at the end of five yeas, thee shall be no net loss of fagant fitillay plants. (Planning and Building Inspection) d BIOLOGY Within 120 days of adoption of the specific plan, a qualified esouce management entity shall be identified and appoved by the Monteey County Boad of Supevisos as set foth in Section (Application of Technology/Techniques to Achieve Goal) of the Rancho San Juan Specific Plan. Funding shall be made available to the esouce management entity though a Community Sevice Distict (CSD) o compaable funding souce, such as the Monteey County Paks Depatment, Fie Distict o a non-pofit consevancy to cove management activities fo the life of the consevation aeas in Rancho San Juan. These management esponsibilities shall include but not be limited to the following activities: a. Fie management; b. Contol of public access; c. Maintain fencing; d. Maintain access oads and tails; e. Install and maintain signage contolling to be pefomed. Whee applicable, a cetified pofessional is equied fo Applicant s attoney in consultation with County Counsel shall develop and execute