Before the Director of the RMA-Planning Department in and for the County of Monterey, State of California

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1 Before the Director of the RMA-Planning Department in and for the County of Monterey, State of California In the matter of the application of: DONALD D CHAPIN JR AND BARBARA A RESOLUTION NO Resolution by the Monterey County Director of the RMA-Planning Department: 1) Categorically exempting PLN per CEQA Guidelines Section 15303(a) 2) Approving an Administrative Permit for the removal of an existing 840 square foot mobile home, the installation of a 1,344 square foot manufactured home greater than ten years old with a 160 square foot covered porch, and the relocation of two existing portable airplane hangers. Grading consisting of approximately 560 cubic yards of cut and 560 cubic yards of fill. (PLN100056, Donald D Chapin Jr and Barbara A Chapin, Metz Road, King City, Central Salinas Area Plan, Assessor's Parcel Number ) The Chapin application (PLN100056) came on for public hearing before the Monterey County Director of the RMA-Planning Department on August 4, Having considered all the written and documentary evidence, the administrative record, the staff report, oral testimony, and other evidence presented, the Director of the RMA-Planning Department fmds and decides as follows: FINDINGS 1. FINDING: CONSISTENCY - The Project, as conditioned, is consistent with the applicable plans and policies which designate this area as appropriate for development. EVIDENCE: a) During the course of review of this application, the project has been reviewed for consistency with the text, policies, and regulations in: the Monterey County General Plan, Central Salinas Valley Area Plan, Central Salinas Valley Area Plan Inventory and Analysis, Monterey County Zoning Ordinance (Title 21) No conflicts were found to exist. No communications were received during the course of review of the project indicating any inconsistencies with the text, policies, and regulations in these documents. b) The property is located at Metz Road, King City (Assessor's Parcel Number ), Central Salinas Valley Area Plan. The parcel is zoned Farmlands with a minimum building site of 40 acres (F/40), which allows single family dwellings accessory to the agricultural use of the property, not exceeding three in total, for an owner, operator or employees employed on-site. Therefore, the project

2 is an allowed land use for this site. c) Pursuant to Section C.1. and D. of the Monterey County Zoning Ordinance (Title 21) an Administrative Permit is required for the installation of the proposed 1,344 square foot manufactured home which is greater than ten years old. The purpose of this section is to establish the regulations, standards, and circumstances for the placement of manufactured dwelling units on permanent foundations, and to provide the parameters under which such units may be determined to be compatible in an area of residential uses. As proposed the project conforms to all of the site development standards of the Monterey County Zoning Ordinance (Title 21) as to setbacks, height, and site coverage. d) The project planner conducted a site inspection on February 26, 2010 to verify that the project on the subject parcel conforms to the plans listed above. e) The project is consistent with the policies and regulations of the Monterey County Zoning Ordinance (Title 21). The project meets the required setbacks, maximum height, site coverage, and distance between structures. The relocated manufactured home which is greater than 10 years old will be placed on a permanent foundation and is compatible in an area of residential uses. Staff has evaluated the proposed manufactured home for siding materials which has the appearance of wood siding and roofing materials which is a composition shingle. The proposed manufactured home is a compatible use. f) Flood Plain: The subject parcel is located within a 100 year Flood Plain and a Flood Plain Notice has been recorded with the Monterey County Recorder on January 25, 2010, Document Number The base flood elevation is feet NAVD88 and the proposed finished floor elevation is g) Pursuant to Section A of the Monterey County Zoning Ordinance (Title 21), no public hearing was held because there was no evidence of public controversy or public opposition to the proposed use. No written request for a public hearing was made. h) The project was not referred to a Land Use Advisory Committee (LUAC) for review because a LUAC does not exist for this area of the County. i) The application, project plans, and related support materials submitted by the project applicant to the Monterey County RMA - Planning Department for the proposed development found in Project File PLN FINDING: SITE SUITABILITY - The site is physically suitable for the use proposed. EVIDENCE: a) The project has been reviewed for site suitability by the following departments and agencies: RMA - Planning Department, South County Fire Protection District, Public Works, Environmental Health Bureau, and Water Resources Agency. There has been no indication from these departments/agencies that the site is not suitable for the proposed development. Conditions recommended by Planning and Water Resources have been incorporated. Page 2

3 b) Staff did not identify any potential impacts. The project is consistent with the Monterey County General Plan, the Monterey County Zoning Ordinance (Title 21), and the Central Salinas Valley Area Plan as to setbacks, height, and site coverage. c) Staff conducted a site inspection on February 26, 2010 to verify that the site is suitable for this use. d) The application, project plans, and related support materials submitted by the project applicant to the Monterey County RMA - Planning Department for the proposed development found in Project File PLN FINDING: HEALTH AND SAFETY - The establishment, maintenance, or operation of the project applied for will not under the circumstances of this particular case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. EVIDENCE: a) The project was reviewed by RMA - Planning Department, South County Fire Protection District, Public Works, Environmental Health Bureau, and Water Resources Agency. The respective departments/agencies have recommended conditions, where appropriate, to ensure that the project will not have an adverse effect on the health, safety, and welfare of persons either residing or working in the neighborhood. b) Necessary public facilities are available. The existing development is served by an existing septic system, domestic water is provided from an existing well, and electrical service is provided by Pacific Gas and Electric Company. A new 100 foot by 18 inches by 5 foot leach line is proposed for the site. c) See finding 1 (f). 4. FINDING: NO VIOLATIONS - The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision, and any other applicable provisions of the County's zoning ordinance. No violations exist on the property. EVIDENCE: a) Staff reviewed Monterey County RMA - Planning Department and Building Services Department Monterey County records and is not aware of any violations existing on subject property. b) Staff conducted a site inspection on February 26, 2010 and researched County records to assess if any violation exists on the subject property. c) There are no known violations on the subject parcel. d) The application, plans and supporting materials submitted by the project applicant to the Monterey County Planning Department for the proposed development are found in Project File PLN FINDING: CEQA (Exempt): - The project is categorically exempt from environmental review and no unusual circumstances were identified to exist for the proposed project. EVIDENCE: a) California Environmental Quality Act (CEQA) Guidelines Section CHAPIN (PLNI00056) Page 3

4 15303 (a) categorically exempts the construction of a single family dwelling. b) The proposed project is the installation of a manufactured home which is utilized as a single family dwelling on a legal lot of record. c) No adverse environmental effects were identified during staff review of the development application during a site visit on February 26, d) The project site is not sensitive due to its location and no significant resources have been identified. As proposed and conditioned the project will not have potentially significant effects on the environment. e) See preceding and following findings and supporting evidence. 6. FINDING: APPEALABILITY - The decision on this project may be appealed to the Planning Commission. EVIDENCE: a) Section Monterey County Zoning Ordinance (Planning Commision). Page 4

5 DECISION NOW, THEREFORE, based on the above findings and evidence, the Director of the RMA- Planning Department does hereby: Approve an Administrative Permit for the removal of an existing 840 square foot mobile home, the installation of a 1,344 square foot manufactured home greater than ten years old with a 160 square foot covered porch, the relocation of two existing portable airplane hangers, and grading consisting of approximately 560 cubic yards of cut and 560 cubic yards of fill, in general conformance with the attached sketch and subject to the conditions, both being attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 4th day of August, Mike Novo, Director of the RMA-Planning Department COPY OF THIS DECISION MAILED TO APPLICANT ON AUG fi THIS APPLICATION IS APPEALABLE TO THE PLANNING COMMISSION IF ANYONE WISHES TO APPEAL THIS DECISION, AN APPEAL FORM MUST BE COMPLEl'ED AND SUBMITTED TO THE SECRETARY OF THE PLANNING COMMISSION ALONG WITH THE APPROPRIATE FILING FEE ON OR BEFORE AUG 2010 This decision, if this is the final administrative decision, is subject to judicial review pursuant to California Code of Civil Procedure Sections and Any Petition for Writ of Mandate must be filed with the Court no later than the 90th day following the date on which this decision becomes final. NOTES 1. You will need a building permit and must comply with the Monterey County Building Ordinance in every respect. Additionally, the Zoning Ordinance provides that no building permit shall be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the permit granted or until ten days after the mailing of notice of the granting of the permit by the appropriate authority, or after granting of the permit by the Board of Supervisors in the event of appeal. Do not start any construction or occupy any building until you have obtained the necessary permits and use clearances from the Monterey County Planning Department and Building Services Department office in Salinas. 2. This permit expires 3 years after the above date of granting thereof unless construction or use is started within this period. Page 5

6 RESOLUTION No Monterey County Resource Management Agency Planning Department Condition Compliance and/or Mitigation Monitoring Reporting Plan Project Name: Donald D Chapin Jr and Barbara A Chapin File No: PLN APNs: Approved by: RMA - Director of Planning Date: August 4, 2010 *Monitoring or Reporting refers to projects with an EIR or adopted Mitigated Negative Declaration per Section of the Public Resources Code. P erm it ( an d. \ limner - - 1liti^. \umber - Conditions of I 111hula/ and or wti raliu/t lleamres and - Resplntiiblc'I aml l le l)eparlntc'nt, (. '(1111!7/ld/l c' Or 11(nlll(lrtin r 1 c'tons to he performed. If here app/icahle,,a c'e11i/ic'd!notesstona! rl required or ac 1100 to be aec(rpled:,^ R'spualifiic 'aril for Compliance >L /tminti.,.nom _a et 1 /(allot! ;.. ( (lnlp/ialrc e (mi)le dale) un_ RMA-Planning I)^,'partmcn( 1. PD001- SPECIFIC USES ONLY Adhere to conditions and uses specified Owner/ Ongoing This Administrative Permit (PLN100056) allows for the in the permit. Applicant unless demolition of an existing 840 square foot mobile home, otherwise the installation of a 1,344 square foot manufactured Neither the uses nor the construction RMA - stated home greater than ten years old with a 160 square foot allowed by this permit shall commence Planning covered porch, the relocation of two existing portable unless and until all of the conditions of airplane hangers, and grading consisting of this permit are met to the satisfaction of approximately 560 cubic yards of cut and 560 cubic the Director of the RMA - Planning yards of fill. The property is located at Metz Road, Department. King City (Assessor's Parcel Number ), To the extent that the County has WRA Central Salinas Valley Area Plan. This permit was delegated any condition compliance or approved in accordance with County ordinances and land mitigation monitoring to the Monterey RMA - use regulations subject to the following terms and County Water Resources Agency, the Planning conditions. Any use or construction not in substantial Water Resources Agency shall provide conformance with the terms and conditions of this permit all information requested by the County is a violation of County regulations and may result in modification or revocation of this permit and subsequent legal action. No use or construction other than that specified by this permit is allowed unless additional permits are approved by the appropriate authorities. (RMA-Planning Department) and the County shall bear ultimate responsibility to ensure that conditions and mitigation measures are properly fulfilled. Page 6 of8

7 Permit ( onul. nnlher 2. 11/f. \ Inn her C'oiulitionLs. of.ilipioral (Intl or aliti, iuion.lleasures anti 'Responsible l.cnrd (sr l)epartincilt PD002 - NOTICE-PERMIT APPROVAL The applicant shall record a notice which states: "A permit (Resolution ) was approved by the Director of the RMA-Planning Department for Assessor's Parcel Number on August 4, The permit was granted subject to 5 conditions of approval which run with the land. A copy of the permit is on file with the Monterey County RMA - Planning Department." (RMA- Planning Department) PD032(A) - PERMIT EXPIRATION The permit shall be granted for a time period of 3 years, to expire on August 4, 2013 unless use of the property or actual construction has begun within this period. (RMA Planning Department) ('otnplianec> orlloilitnriii 1etions to. he perforined. 11.'/l ere allpli1 able,rti certified professiouril,r^ regrrired for action(.to ' be accelned Obtain appropriate form from the RMA- Planning Department. The applicant shall complete the form and furnish proof of recordation of this notice to the RMA - Planning Department. The applicant shall obtain a valid grading or building permit and/or commence the authorized use to the satisfaction of the Director of Planning. Any request for extension must be received by the Planning Department at least 30 days prior to the expiration date. fl spoiisiblc!aril' for ('rlillhlianec Owner/ Applicant RMA- Planning Owner/ Applicant ('rims, Prior to the issuance of grading and building permits or commence -ment of use. As stated in the conditions of approval eri_ficrllion 1f. alnpliance 1 (i(une.date) Monterey County Water Resources 4. ZONE A - ELEVATION REQUIREMENTS (NON- STANDARD) The applicant shall provide the Water Resources Agency certification from a registered civil engineer or licensed land surveyor that the finished grade elevation at the proposed manufactured home site is at minimum elevation of at least ft (NAVD 1988), as shown on the site grading plan prepared by LandSet Engineers, dated July (WaterResources Agency) Submit a letter to the Water Resources Agency for review and approval. Owner/ Applicant Prior to issuance of any building permits WRA Page 7 of 8

8 Permit c orid.. \nnther 5. tlrtr \umbel END OF CONDITIONS Rev. 05/18/2010 ( mull/ions of I r Wont/ and or llititicuioir 11casttres and Responsible Land ( se Department WR16 - ELEVATION CERTIFICATE The applicant shall provide the Water Resources Agency a FEMA Elevation Certificate, based on finished construction, completed by a registered civil engineer or licensed surveyor certifying the structure has been constructed in accordance with Chapter of the Monterey County Code. (Water Resources Agency) ( urirj,lnntc e or 11 tfiturrn; I c tuna;` to hc to mined.!{ lt^rrir,,lieirhlc: it certified professional is required fc,r = at tiurito be Uc ccpte. Submit a completed FEMA Elevation Certificate, based on finished construction, and completed by the engineer or surveyor, to the Water Resources Agency for review and approval.,? Aesponsihlc I arty tor =r 4 ;., Ci,rnpliu/ice Owner/ Applicant/ Engineer/ Surveyor r.. l nntn :' Prior to final inspect-ion c rrficulion n ('oirpliunrr (ii it/i/i tie/ic) Page 8 of8

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