SUMMARY: The proposed project includes two basic components:

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1 MONTEREY COUNTY SUBDIVISION COMMITTEE MEETING: March 11, 2004 AGENDA NO.: 1 SUBJECT: Carmel Valley Ranch, PLN Combined Development Permit consisting : 1) Standard Subdivision Vesting Tentative Map for the subdivision an existing, approximately 218-acre parcel into 12 residential lots approximately 6.8 to 16.9 acres in size and 4 open space parcels totaling approximately 99 acres; 2) Use Permit for development on slopes greater than 30% for construction an access road; 3) Use Permit for removal 193 protected oak tress; 4) Zoning Reclassification to rezone 11 existing lots in the Oakshire subdivision from "MDR/5-D-S" (Medium Density Residential) to "O-D-S" (Open Space); and 5) Assignment the "LDR/B-6-D-S" zoning classification (Low Density Residential with Building Site, Design and Site Review overlays) to the residential portion the proposed subdivision and the "O-D- S" zoning classification (Open Space with Design and Site Review overlays) to the open space portions the subdivision. The project site is the area designated as "Land Reserve" in the Carmel Valley Ranch Specific Plan (Assessor's Parcel Numbers & ) located in the southwestern portion the Carmel Valley Ranch with portions fronting on Robinson Canyon Road, Carmel Valley Master Plan. DEPARTMENT: Planning and Building Inspection RECOMMENDATION: Staff recommeds that the Subdivision Committee recommend to the Planning Commission: 1) adoption the Negative Declaration in Exhibit "D" and 2) approval the Combined Development Permit subject to recommended Findings and Evidence contained in Exhibit "B" and subject to the recommended ions Approval contained in Exhibit "C." SUMMARY: The proposed project includes two basic components: 1) Subdivision the 218-acre area designated as Land Reserve in the Carmel Valley Ranch Specific Plan into 12 residential lots and 4 open space lots, including development stormwater drainage, sewage disposal and potable water facilities as well as the main vehicular access road. No specific locations are proposed for vehicular access driveways to the individual lots. Development the project as proposed would result in the removal an estimated 193 protected Oak trees. All utilities would be located underground along the proposed access road. 2) Zoning Reclassification 11 existing vacant lots in the area designated as Residential Area D (Oakshire) in the Carmel Valley Ranch Specific Plan, from the MDR/5-D-S (Medium Density Residential) Zoning District to the O (Open Space) Zoning District. DISCUSSION:

2 Please refer to the Initial Study/Negative Declaration (Exhibit F) for a full project description and to Exhibit A for additional discussion. OTHER AGENCY INVOLVEMENT: The application was reviewed by the Monterey County Water Resources Agency, Environmental Health Division, Public Works Department, Parks Department, and the Carmel Valley Fire District. The Carmel Valley Land Use Advisory Committee reviewed the project and recommended its approval (4-0 vote with one abstention) with the recommendation that water availability by stipulated and that a preferred access road be recommended by the County (Exhibit "G"). Luis A. Osorio Senior Planner March 5, 2004 cc: Subdivision Committee Members; County Counsel; Health Department; Public Works; Monterey County Water Resources Agency; Carmel Valley Fire District; Scott Hennessy; Ann Towner; Lynne Mounday; Luis A. Osorio; Linda Rotharmel; ; Representative; Attachments: Exhibit "A" Discussion Exhibit B Location Map; Tentative Map Exhibit "C" Project Data Sheet Exhibit "D" Recommended Findings and Evidence Exhibit "E" Recommended ions Approval Exhibit "F" Initial Study and Negative Declaration Exhibit "G" Land Use Advisory Committee Comments/Recommendation 2

3 EXHIBIT A SUBDIVISION DEVELOMENT IN CARMEL VALLEY The review and analysis the proposed project must be done within the frame and perspective the Board Supervisors Resolution No adopted on January 22, This Resolution contains policy direction to staff and guidance to the Planning Commission to disapprove subdivisions proposed in the Carmel Valley Master Plan area. Specifically, the Resolution states that residential and commercial subdivisions proposed in the Carmel Valley Master Plan be denied, pending the construction several improvements to Carmel Valley Road, construction capacity-increasing improvements in certain areas State Highway 1 and the adoption adoption updated General Plan/Master Plan policies relating to the Level Service Carmel Valley Road. While the proposed application includes a 12-lot subdivision an existing undeveloped parcel (identified as the Land Reserve Area in the Carmel Valley Ranch Specific Plan), it does not include creation new lots per se. Eleven the lots would substitute eleven existing undeveloped lots in the Oakshire subdivision the Ranch which would be rezoned to Open Space if the project if approved; the 12 th lot already exists as the subject lot to be divided. From this point view, the application is not subject to the current policy the Board Supervisors because no new lots would be added to the area the Carmel Valley Master Plan. ENVIRONMENTAL REVIEW Aside from the development-specific potential impacts on the subject site, al potential impacts from the project must be considered from a comparative point view with the potential impacts from the development the existing lots record. In other words, the development potential and impacts (i.e. traffic, tree removal, water use, etc.) the existing lots would be transferred to the subject site. The Initial Study prepared for the project did not identify any potential significant impacts on the subject site. Impacts from the two potential development scenarios are not significant. The subdivision plans have been designed by the applicant and revised per recommendations by staff to comply with the policies the Carmel Valley Master Plan and the Zoning Ordinance. Three development aspects the proposed subdivision are highlighted when compared to those the potential development the existing lots: tree removal, grading and vehicular traffic. The proposed project would require removal an estimated 193 Oak trees, while development the existing lots would require removal an estimated 152 Oak trees; also, development the access road for the proposed subdivision would require grading approximately 17,000 cubic yards material (cut and fill) while grading the existing lots would be significantly less than that amount. Finally, the size the proposed parcel would lend to development habitable accessory structures (senior citizen units and caretaker units) which development would hardly be possible on the existing lots because physical and zoning constraints; therefore the project could result in the creation additional vehicular traffic in contradiction the policy the Board Supervisors mentioned above. To avoid this potential for additional traffic, staff is recommending that limitations be imposed on the parcels in the proposed subdivision to prohibit development such habitable structures. WATER 3

4 Potable water for the proposed parcels would be provided from existing water credits from other approved but undeveloped projects within the Carmel Valley Ranch. The Water Resources Agency has confirmed that these credits are current. VISUAL RESOURCES Portions the subject site, including the area the proposed access road are located in areas designated as visually sensitive in the greater Monterey Peninsula Area Plan. The majority these areas are proposed as open space parcels in the subdivision. The designated lots and building envelopes contain sufficient areas for development that are not in the visually sensitive areas. The proposed access road would meander through a wooded area where its development would not result in significant visual impacts, as it would be screened from view from Carmel Valley Road and other areas the Ranch by trees. 4

5 EXHIBIT "D" RECOMMENDED FINDINGS AND EVIDENCE 1. FINDING: The project proposed in this application consists a Combined Development Permit and Vesting Tentative Map (Carmel Valley Ranch PLN020280). As described in condit1 the attached Exhibit E, and as conditioned, the project conforms with the plans, policies, requirements and standards the Monterey County Subdivision Ordinance (Title 19), the General Plan, the Carmel Valley Master Plan, the Carmel Valley Ranch Specific Plan and the Monterey County Zoning Ordinance (Title 21). The project site is the area designated as "Land Reserve" in the Carmel Valley Ranch Specific Plan (Assessor's Parcel Numbers & ), located in the southwestern portion the Carmel Valley Ranch (Assessor's Parcel Numbers & ) with portions fronting on Robinson Canyon Road, Carmel Valley Master Plan. The parcel is designated as the Land Reserve in the Carmel Valley Ranch Specific Plan for development up to 100 single family residential units. EVIDENCE: The Planning and Building Inspection staff reviewed the project, as contained in the application and accompanying materials, for conformity with: a) The Carmel Valley Master Plan b) Carmel Valley Ranch Specific Plan c) Chapters the Monterey County Zoning Ordinance: (Regulations for Low Density Residential Zoning Districts); (Regulations for Open Space Zoning Districts); (Development on Slopes in Excess 30%); (Preservation Oak and Other Protected Trees); (Standards for Environmentally Sensitive Habitats). d) Chapter the Monterey County Subdivision Ordinance. EVIDENCE: The application includes assignment the "LDR/B-6-D-S" zoning classification (Low Density Residential with Building Site, Design and Site Review overlays) to the residential portion the proposed subdivision and the "O-D-S" zoning classification (Open Space with Design and Site Review overlays) to the open space portions the subdivision. Assignment these zoning classifications would assure that the project complies with the land use and zoning regulations the Carmel Valley Master Plan and the General Plan. EVIDENCE: The proposed development has been reviewed by the Monterey County Planning and Building Inspection Department, Water Resources Agency, Public Works Department, Environmental Health Division, Parks and Recreation Department, and the Carmel Valley Fire District. There has been no indication from these agencies that the site is not suitable for the proposed development. The Initial Study demonstrates that no physical or environmental constraints exist that would indicate the site is not suitable for the proposed development. Each agency has recommended conditions for subdivision improvements. 5

6 EVIDENCE: The California American Water Company has indicated that the project site is within its water and sanitary sewer service area and that it would provide these services to the proposed project. EVIDENCE: The Carmel Valley Land Use Advisory Committee recommended approval the project on March 1, 2004, by a 4-0 vote with one abstention. EVIDENCE: Written and verbal public testimony submitted at public hearings before the decisionmaking body. EVIDENCE: The on-site inspection the subject parcel by the project planner. EVIDENCE: The application, plans and support materials found in the project file. 2. FINDING: The proposed project, including all permits and approvals, will not have any significant adverse impacts on the environment and a Negative Declaration has been prepared and is on file in the Planning and Building Inspection Department (File # PLN020280). Potential environmental effects have been studied and there is no substantial evidence in the record, as a whole, that supports a fair argument that the project, as designed, mitigated and conditioned, may cause a significant effect on the environment. The Negative Declaration reflects the independent judgment and analysis the County based upon the findings and conclusions drawn in the Initial Study and in consideration testimony and information received, and scientific and factual data presented in evidence during the public review process. ions project approval and/or ation measures have been identified in the Initial Study, incorporated into the project, and agreed to by the applicant, to reduce any impact to an insignificant level. These ions project approval and/or ation measures have been included into the recommended conditions approval for the project. The custodian the documents and materials that constitute the record proceedings upon which the adoption the Negative Declaration is based is the Monterey County Planning and Building Inspection Department located at st Avenue, Marina, CA. No facts, reasonable assumptions predicated on facts, testimony supported by adequate factual foundation, or expert opinions supported by facts have been submitted that refute the conclusions reached by these studies, data, and reports. Nothing in the record alters the environmental determination, as presented by staff, based on investigation and the independent assessment those studies, data, and reports. EVIDENCE: County staff prepared an Initial Study for the project in compliance with the California Environmental Quality Act (CEQA), its Guidelines, and the Monterey County CEQA Guidelines. The Initial Study provided substantial evidence that the project, with the addition conditions approval and/or mitigation measures, would not have significant environmental impacts. A Negative Declaration was filed with the County Clerk on January 26, 2004 and noticed for public review. All comments received on the Initial Study have been considered as well as all evidence in the record, which includes studies, data, and reports supporting the Initial Study; additional documentation requested by staff in support the Initial Study findings; information presented or 6

7 discussed during public hearings; staff reports that reflect the County s independent judgment and analysis regarding the above referenced studies, data, and reports; application materials; and expert testimony. Among the studies, data, and reports analyzed as part the environmental determination are the following: a) The project plans and application materials. b) Rogers E. Johnson & Associates, Preliminary Geologic Investigation, Carmel Valley Ranch Reserve, February 17, c) Haro, Kasunich & Associates Inc., Preliminary Geotechnical Feasibility Report, Carmel Valley Ranch Reserve, February, d) Stephen R. Staub, Forest Management Plan for Carmel Valley Ranch 12 Lot Subdivision, February e) Archaeological Consulting, Preliminary Archaeological Reconnaissance for the Watt Property at Carmel Valley Ranch, February 28, f) Hexagon Transportation Consultants, Inc., Traffic Study, Carmel Valley Ranch Residential Development, June 16, g) Rana Creek Habitat Restoration, Carmel Valley Ranch Parcel 6 Biological Assessment, May 30, h) March 1, 2004 memorandum from Tom Moss, Monterey County Water Resources Agency stating availability acre feet water necessary for development the project. EVIDENCE: Studies, data, and reports prepared by staff from various County departments including Planning and Building Inspection, Public Works, Environmental Health and the Monterey County Water Resources Agency support the adoption the Negative Declaration. 3. FINDING: For purposes the Fish and Game Code, the project will not have a potential for adverse impact on fish and wildlife resources upon which the wildlife depends. EVIDENCE: Staff analysis contained in the Initial Study and the record as a whole indicates the project would not result in changes to the resources listed in Section 753.5(d) the Department Fish and Game regulations. (Provide brief explanation use conclusions & evidence contained in #24 the Initial Study, or other evidence contained in the record as a whole.) EVIDENCE: Initial Study and Negative Declaration contained in the project file. 4. FINDING: That in approving the parcel map, the decision-making body has balanced the housing needs the County against the public service needs its residents and available fiscal and environmental resources. EVIDENCE: Approval the project is conditioned to comply with the requirements the Inclusionary Housing Ordinance. 7

8 5. FINDING: The proposed project is consistent with the current policy the Board Supervisors Board Supervisors (Resolution No ) denying new residential and commercial subdivisions that would generate additional vehicular traffic on Carmel Valley Road and State Highway One, pending construction certain highway/road capacity-infrastructure improvements to portions those roads. EVIDENCE: Traffic Study prepared for the project by Hexagon transportation Consultants, dated June 16, EVIDENCE: The proposed project would not result in the creation additional lots. EVIDENCE: To avoid the generation additional vehicular traffic and to maintain the existing levels service on Carmel Valley Road and Highway 1, the project is conditioned to prohibit development habitable accessory structures (senior citizen units and caretaker units) on the proposed lots (Recommended ion Approval No. 14). This limitation is consistent with the limitations the existing lots for development this kind structures that result from physical constraints (lot size and topography) and which would prevent their development. 6. FINDING: Removal an estimated 193 Oak trees is the minimum required under the circumstances the proposed project. EVIDENCE: Development the 11 existing lots in the Oakshire area would require removal an estimated 152 Oak trees. Removal the estimated 193 Oak trees as part the proposed subdivision would result in removal an additional 41 Oak trees anticipated for the existing lots. EVIDENCE: The proposed lot lay out and road configuration would allow for consideration building sites as well as design and construction methods that would reduce the number trees to be removed. EVIDENCE: Approval the project is conditioned to reduce the size the proposed building envelopes on lot Nos. 4, 5, 6 and 7 in order to exclude oak woodland areas in these lots from them (Recommended ion No. 10). 7. FINDING: There is no feasible alternative location that would allow development the proposed access road on slopes less than 30% and development the access road on the proposed road alignment better achieves the goals, policies and objectives the General Plan and the Carmel Valley Master Plan. EVIDENCE: The only alternative location for an access road to the site would be the existing dirt access road. Because geologic conditions and constraints (slumps and debris flow) identified in the Preliminary Geologic Investigation prepared for the project, the existing access road to the site can not be improved and widened to meet fire accessibility standards. In addition, improvement the existing road would impact an identified seasonal wetland alongside. EVIDENCE: Development the project s access road on the proposed alignment over short stretches slopes over 30% would prevent the worsening geologic constraints in the area the existing dirt access road. Improvement this road would be the only alternative for development the access road. 8

9 8. FINDING: Based upon the Monterey Peninsula Water Management District's ( District ) water allotment system, the County Monterey ("County") has established a system priority distribution water allocation for properties within its own jurisdiction. Current information available to the County indicates that the County's share water under the District's allotment system, over which the County has no control, has been exhausted to the point that the County is unable to assure that property owners who do or have obtained development permits for their properties will be able to proceed with their development projects. EVIDENCE: Memorandum from the Water Resources Agency dated March 1, 2004, which states that water from previously approved but undeveloped projects within the Carmel Valley Ranch is available for re-allocation to the proposed project and therefore development the project will result in a net increase zero acre feet per year water and is consistent with the Monterey Peninsula Water Management District s Ordinance #70 and the Board Supervisors action dated October 11, EVIDENCE: Staff report, oral testimony at the hearing; administrative record. 9. FINDING: In view the preceding finding, and the fact that the present application for a use permit otherwise meets all County requirements, the County approves the application subject to determination by the Monterey County Water Resources Agency, in the form a water availability certification, that water is available for the project and the applicant's being able to obtain a water permit from the District. EVIDENCE: Staff report, oral testimony at the hearing; administrative record. 10. FINDING: That none the findings found in Section I the Subdivision Ordinance can be made. EVIDENCE: Section I requires that the subdivision be denied if any one the findings are made. Planning staff has analyzed the project against the findings for denial outlined in this section. The map and its design and improvements are consistent with the County General Plan and the applicable Area Plan. No specific plan has been prepared for this area. The site has been determined to be physically suitable for the type and density development (see Evidence below). The design and improvements are not likely to cause substantial environmental damage, substantially and avoidably injure fish or wildlife or their habitat, or cause serious public health problems as demonstrated in the Negative Declaration adopted for this project. The design and improvements will not conflict with easements for access through or use property within the proposed subdivision. Planning staff reviewed the Title Report and applicable recorded documents to identify all easements and ensure that the project does not conflict with existing easements. EVIDENCE: The property provides for adequate building sites as evidenced by the application materials submitted for the project. EVIDENCE: The application, plans, and support materials, including the technical background reports submitted by the project applicant to the Monterey County Planning and 9

10 Building Inspection Department for the proposed development. The report(s) concluded the site is suitable for proposed development, subject to recommendations for construction. The reports are contained in the project file and are listed under Finding/Evidence No. 2 above. EVIDENCE: 1) The on-site inspection the parcel by the project planner. 2) Maps and application contained in the project file. 11. FINDING: The establishment, maintenance, or operation the use or building applied for will not, under the circumstances the particular case, be detrimental to health, safety, comfort, peace, morals and general welfare persons residing or working in the neighborhood or to the general welfare the County. EVIDENCE: The project as described in the application and accompanying materials was reviewed by the Planning and Building Inspection Department, Health Department, Public Works Department, Water Resources Agency and the Carmel Valley Fire Protection District. The respective Departments have recommended conditions, where appropriate, to ensure that the project will not have an adverse effect on the health, safety, and welfare persons either residing or working in the neighborhood; or the County in general. EVIDENCE: Approval the project, including adoption the Negative Declaration, includes conditions approval that address potential impacts to Aesthetics, Biological Resources, Geology/Soils, Hydrology/Water Quality and Transportation/Traffic. No other significant issues have been identified for the project. 12. FINDING: The site is suitable for the use proposed. EVIDENCE: There has been no testimony received either written or oral, during the course public hearings to indicate that the site is not suitable for the project. Necessary public facilities are available for the use proposed. The project has been reviewed by the Monterey County Planning and Building Inspection Department, Water Resources Agency, Public Works Department, Health Department and the Salinas Rural Fire District. There has been no indication from those agencies that the site is not suitable. There are no physical or environmental constraints such as geologic or seismic hazard areas or similar areas that would indicate the site is not suitable for the use proposed. 10

11 Monterey County Planning and Building Inspection gation Monitoring / ion Reporting Plan Project Name: Carmel Valley Ranch 12-Lot Subdivision File No: PLN APN: ; Approval by: Planning Commission Date: *Monitoring or Reporting refers to projects with an EIR or adopted ated Negative Declaration per Section the Public Resources Code. Permit or Monitoring Actions a certified pressional is required

12 or Monitoring Actions a certified pressional is required 1 PBD029 - SPECIFIC USES ONLY This Combined Development Permit (PLN020280) allows a 12-lot subdivision. The site is the Land Reserve area the Carmel Valley Ranch Specific Plan. This permit was approved in accordance with County ordinances and land use regulations subject to the following terms and conditions. Neither the uses nor the construction allowed by this permit shall commence unless and until all the conditions this permit are met to the satisfaction the Director Planning and Building Inspection. Any use or construction not in substantial conformance with the terms and conditions this permit is a violation County regulations and may result in modification or revocation 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. (Planning and Building Inspection) Adhere to conditions and uses specified in the permit. Owner/ Ongoing unless other-wise stated 12

13 or Monitoring Actions a certified pressional is required 2 PBD025 - NOTICE-PERMIT APPROVAL The applicant shall record a notice which states: "A permit (Resolution ) was approved by the Planning Commission for Assessor's Parcel Numbers & on (DATE). The permit was granted subject to conditions approval which run with the land. A copy the permit is on file with the Monterey County Planning and Building Inspection Department." Pro recordation this notice shall be furnished to the Director Planning and Building Inspection prior to issuance building permits or commencement the use. (Planning and Building Inspection) Pro recordation this notice shall be furnished to PBI. Owner/ Issuance grading and building permits or start use. 13

14 or Monitoring Actions a certified pressional is required 3 PBD016 - INDEMNIFICATION AGREEMENT The property owner agrees as a condition and in consideration the approval this discretionary development permit that it will, pursuant to agreement and/or statutory provisions as applicable, including but not limited to Government Code Section , defend, indemnify and hold harmless the County Monterey or its agents, ficers and employees from any claim, action or proceeding against the County or its agents, ficers or employees to attack, set aside, void or annul this approval, which action is brought within the time period provided for under law, including but not limited to, Government Code Section , as applicable. The property owner will reimburse the county for any court costs and attorney s fees which the County may be required by a court to pay as a result such action. County may, at its sole discretion, participate in the defense such action; but such participation shall not relieve applicant his obligations under this condition. An agreement to this effect shall be recorded upon demand County Counsel or concurrent with the issuance building permits, use the property, filing the final map, whichever occurs first and as applicable. The County shall promptly notify the property owner any such claim, action or proceeding and the County shall cooperate fully in the defense there. If the County fails to promptly notify the property owner any such claim, action or proceeding or fails to cooperate fully in the defense there, the property owner shall not thereafter be responsible to defend, indemnify or hold the county harmless. (Planning & Building Inspection) Pro recordation the Indemnification Agreement, as outlined, shall be submitted to PBI. 14 Owner/ recordation the Final Map

15 or Monitoring Actions a certified pressional is required 4 PBD008 EASEMENT - CONSERVATION A conservation easement shall be conveyed to the County over those portions Lot Nos. 1 and 12 containing areas Nassella Grassland; and over the portion lot No. 5 containing a Redwood stand. An easement deed shall be prepared for the individual lots describing the area covered by the easements and containing specific provisions to guarantee their long-term maintenance. The deeds shall be submitted to and approved by the Director Planning and Building Inspection. (Planning and Building Inspection) Submit conservation easement deeds for individual lots to Planning and Building Inspection for review and approval. recordation Final Map 5 PBD010 EASEMENT - SLOPES OVER 30% A scenic and conservation easement shall be conveyed to the County over those portions the property where slopes exceed 30% percent. A scenic and conservation easement deed shall be prepared for the individual lots and open space parcels. (Planning and Building Inspection) Submit scenic easement deeds for individual lots and parcels to Planning and Building Inspection for review and approval. recordation Final Map 15

16 or Monitoring Actions a certified pressional is required 6 PBD024 - NOTE ON MAP-STUDIES A note shall be placed on the final map or a separate sheet to be recorded with the final map stating that: "A Preliminary Geologic Investigation dated February 17, 2003, has been prepared for the project by Rogers E, Johnson & Associates, and is on file in the Monterey County Planning and Building Inspection Department. The recommendations contained in said report shall be followed in all further development this property." The note shall be located in a conspicuous location, subject to the approval the County Surveyor. (Planning and Building Inspection) Final map with note shall be submitted to PBI and Public Works for review and approval. Recordation Final Map 7 PBD024 - NOTE ON MAP-STUDIES A note shall be placed on the final map or a separate sheet to be recorded with the final map stating that: "A Preliminary Geotechnical Report dated February 2003, has been prepared on this property by Haro, Kasunich and Associates Inc., and is on file in the Monterey County Planning and Building Inspection Department. The recommendations contained in said report shall be followed in all further development this property." The note shall be located in a conspicuous location, subject to the approval the County Surveyor. (Planning and Building Inspection) Final map with note shall be submitted to PBI and Public Works for review and approval. Recordation Final Map 16

17 or Monitoring Actions a certified pressional is required 8 PBD024 - NOTE ON MAP-STUDIES A note shall be placed on the final map or a separate sheet to be recorded with the final map stating that: "A Biological Assessment dated May 30, 2003, has been prepared on this property by Rana Creek Habitat Restoration, and is on file in the Monterey County Planning and Building Inspection Department. The recommendations contained in said report shall be followed in all further development this property." The note shall be located in a conspicuous location, subject to the approval the County Surveyor. (Planning and Building Inspection) Final map with note shall be submitted to PBI review and approval. Recordation Final Map 9 PBD024 - NOTE ON MAP-STUDIES A note shall be placed on the final map or a separate sheet to be recorded with the final map stating that: "A Forest Management Plan dated February 2003, has been prepared on this property by Staub Forestry and Environmental Consulting, and is on file in the Monterey County Planning and Building Inspection Department. The recommendations contained in said report shall be followed in all further development this property and the newly created lots." The note shall be located in a conspicuous location, subject to the approval the County Surveyor. (Planning and Building Inspection) Final map with note shall be submitted to PBI for review and approval. Recordation Final Map 17

18 or Monitoring Actions a certified pressional is required 10 PB - REVISED BUILDING ENVELOPES The proposed building envelopes for Lot Nos. 4, 5, 6 and 7 shall be revised to exclude from them Oak woodland areas located in the northern portions these lots. (Planning and Building Inspection) Revised building envelopes for Lot Nos. 4, 5, 6 and 7 shall be delineated in the Final Map and approved by Planning and Building Inspection recordation Final Map. 11 PB - WETLAND PROTECTION The boundary between proposed Lot No. 1 and Open Space Parcel A shall be realigned in the area the identified wetland so that the wetland is fully included in Parcel A. The boundary realignment shall allow for a buffer area at least 50 feet from the wetland. In addition, the Conservation Easement Deed required for Parcel A under condition No. 5 shall contain specific provisions designed by a pressional biologist fro the long-term protection and maintenance the wetland area. (Planning and Building Inspection) Realigned boundary between Lot No. 1 and Parcel A shall be delineated in the Final Map and approved by Planning and Building Inspection recordation Final Map. 18

19 or Monitoring Actions a certified pressional is required 12 PB SLOPE RESTORATION A Slope Restoration and Erosion Control Plan shall be prepared by the consulting engineer to mitigate shortterm impacts from construction main access road and the long-term impacts on the stability all disturbed slopes. The plan shall be incorporated into the project plans and specifications. The plan shall contain the following: a) Appropriate erosion control measures to protect bare soil areas and slopes within the project site during the duration the project. Cut slopes shall not exceed 1 ½ to 1 except as specifically approved. Slope rounding shall be a minimum 10 feet by 10 feet to include replacement top soil. b) A Revegetation and Landscaping Plan for the restoration all bare road shoulders, reconfigured slopes along the road alignment and any other areas disturbed as a result the construction the project. The plan shall be prepared by a consulting biologist and shall contain a planting palette appropriate native plants and grasses to be used, success criteria, and contingency planning if those criteria are not met. The plan shall also include a list Best Management Practices for its monitoring and implementation and shall also include a monitoring schedule for a minimum period three years. A plan review fee in effect at the time submittal shall be paid. All revegetation/landscaping plant material shall be installed prior to issuance a final grading permit. (Planning & Building Inspection) Submit slope restoration and erosion control plan as part grading permit application for construction main access road issuance grading permit for construction the road 19

20 or Monitoring Actions a certified pressional is required 13 PBD032 - TREE PROTECTION The Oak trees identified for removal in the Forest Management Plan for construction the main access road shall be flagged prior to grading the road and the final road alignment adjusted to the maximum extent possible to reduce tree removal as much as possible. (Planning and Building Inspection) Trees to be flagged and grading permit to be submitted for review and approval by Planning and Building Inspection. Final road alignment and tree removal to be approved recordation Final Map 14 PB ACCESSORY STRUCTURE DEVELOPMENT LIMITATION A Deed Restriction shall be included in title for each lot within the subdivision stating: No caretaker units or senior citizen units are allowed in this lots until capacity improvements are completed on Carmel Valley Road and Highway One that would allow additional vehicular traffic from such units without further decreasing the traffic levels service or until the Boar Supervisors has determined that such improvements are not further necessary and additional traffic is allowed. 15 PB FIRE DISTRICT COMPLIANCE The subdivider shall provide evidence that the final map complies with the requirements Ordinance 3600 and other requirements related to provision water storage, fire breaks, green belts and defensible space and that the proposed access road complies with accessibility requirements the Fire District. (Planning and Building Inspection) Deed restriction language to be submitted to and approved by Planning and Building Inspection. Provide evidence compliance from the Carmel Valley Fire Protection District recordation the Final Map recordation Final Map. 20

21 or Monitoring Actions a certified pressional is required 16 PBD033 UTILITIES SUBDIVISION A note shall be placed on the final map or a separate sheet to be recorded with the final map indicating that "Underground utilities are required in this subdivision in accordance with Chapter , Title 19 the Monterey County Code." Such facilities shall be installed or bonded prior to recordation the Final Map. The note shall be located in a conspicuous manner subject to the approval the Director Public Works. (Planning and Building Inspection) Place note on map or a separate sheet and submit to PBI for review and approval. recordation Final Map. 17 PD -INCLUSIONARY HOUSING REQUIREMENTS The applicant shall comply with the requirements the Inclusionary Housing Ordinance. Provide evidence compliance from the Environmental Resources Policy Division recordation Final Map. (Planning and Building Inspection) 18 PD WATER TANK LOCATION The location any water storage tanks required by the Carmel Valley Fire District for fire fighting shall be subject to all applicable zoning regulations and approved by the Director Planning and Building Inspection. (Planning and Building Inspection) The Carmel Valley Fire Protection District shall determine if storage tanks are necessary and determine their location. recordation the Final Map 21

22 or Monitoring Actions a certified pressional is required 19 WR- DRAINAGE NOTE A note shall be recorded on the Final Map stating that Any future development on these parcels will require a drainage plan to be prepared by a civil engineer or architect; Parcels unable to tie into the subdivision drainage improvements will require on-site retention facilities. (Water Resources) 20 WR DRAINAGE PLAN A drainage plan shall be prepared by a registered civil engineer addressing on-site and f-site impacts that includes road improvements and construction stormwater detention facilities to mitigate the impact impervious surface stormwater runf. The detention ponds shall be fenced for public safety. (Water Resources) Note shall be recorded on the Final Map Drainage plan shall be prepared by a registered civil engineer recordation the Final Map recordation the Final Map 22

23 or Monitoring Actions a certified pressional is required 21 WR22 - HOMEOWNERS ASSOCIATION CC&R S A homeowner s association shall be formed for the maintenance roads, drainage facilities, and open spaces. The Director Public Works, the Director Planning and Building Inspection, and the County Water Resources Agency shall approve documents for formation association. The covenants, conditions and restrictions (CC&R s) shall include provisions for a yearly report by a registered civil engineer and the monitoring impacts drainage and maintenance drainage facilities. Report shall be approved by the County Water Resources Agency. (Water Resources Agency) Submit the CC&R s to the Water Resources Agency for review and approval. Owner/ recordation Final Map 23

24 or Monitoring Actions a certified pressional is required 22 WR23 - DRAINAGE & FLOOD CONTROL SYSTEMS AGREEMENT If the homeowners association after notice and hearing fails to properly maintain, repair or operate the drainage and flood control facilities in the project, Monterey County Water Resources Agency shall be granted the right by the property owners to enter any and all portions the property to perform repairs, maintenance or improvements necessary to properly operate the drainage and flood control facilities in the project. The County Water Resources Agency shall have the right to collect the cost for said repairs, maintenance or improvements from the property owners upon their property tax bills. A hearing shall be provided by the Board Supervisors as to the appropriateness the cost. An agreement to this effect shall be entered into concurrent with the filing the final map the first phase the subdivision. (Water Resources Agency) Submit the signed and notarized original Agreement to the Water Resources Agency for review and approval prior to recordation. (A copy the County s standard agreement can be obtained at the Water Resources Agency.) Owner/ The agreement shall be recorded concurrently with the final map 24

25 or Monitoring Actions a certified pressional is required 23 WR32 - NOTICE OF WATER CONSERVATION REQUIREMENTS A notice shall be recorded on the deed for each lot stating: All new construction shall incorporate the use low water use plumbing fixtures and drought tolerant landscaping, in accordance with County Water Resources Agency Ordinance No recordation the final map, a copy the completed notice shall be provided to the Water Resources Agency for approval. (Water Resources Agency) 24 WR33 - LANDSCAPING REQUIREMENTS A notice shall be recorded on the deed for each lot stating: The front yards all homes shall be landscaped at the time construction. Low water use or drought tolerant plants shall be used together with water efficient irrigation systems. recordation the final map, a copy the completed notice shall be provided to the Water Resources Agency for approval. (Water Resources Agency) 25 WR WATER USE INFORMATION The applicant shall provide to the Water Resources Agency a water balance analysis describing the predevelopment and post-development water use on the property. Any proposed increase in the water use shall require the identification and implementation mitigation measures, if feasible, by the applicant. Submit a recorded notice to the Water Resources Agency for review and approval. (A copy the County s standard notice can be obtained at the Water Resources Agency.) Submit the recorded notice to the Water Resources Agency for review and approval. (A copy the County s standard notice can be obtained at the Water Resources Agency.) Owner/ Applic ant Owner/ Recordation the notice shall occur concurrently with the final map Recordation the notice shall occur concurrently with the final map 25

26 or Monitoring Actions a certified pressional is required 26 WR437- C.C.&R. WATER CONSERVATION PROVISIONS The applicant shall provide the Water Resources Agency with a copy the subdivision Covenants, ions and Restrictions containing the following provisions from Monterey County Ordinance No. 3932: All new construction incorporate the use low water use plumbing fixtures including, where applicable, hot water recirculation systems; the front yards all homes shall be landscaped at the time construction; low water use or drought tolerant plants shall be used together with water efficient irrigation systems; leak repair is the property owner s responsibility; vehicle and building washing shall use hoses equipped with shutf nozzles; no potable water to be used for sidewalk washing; no water spillage into streets, curbs, and gutters; no emptying or refilling swimming pools except for structural repairs or if required for public health regulations; no fountains unless water is recycled within the fountain. (Water Resources Agency) Submit the CC&R s to the Water Resources Agency for review and approval. Owner/ filing the final map 27 WR COMPLETION CERTIFICATION Certification that stormwater detention facilities have been constructed in accordance with approved plans shall be provided to the Water Resources Agency by a registered civil engineer or licensed contractor that constructed the facilities. (Water Resources Agency) 26

27 or Monitoring Actions a certified pressional is required 28 PARKS DEPARTMENT The applicant shall comply with Section Recreation Requirements the Subdivision Ordinance, Title 19, Monterey County Code, by paying a fee in lieu land dedication. The Parks Department shall determine the fee in accordance with Section (D). 29 PUBLIC WORKS The applicant shall file the Final Map with the Office the County Surveyor 30 PUBLIC WORKS The subdivider shall submit three copies the approved Tentative Map to each the following utility companies: Pacific Gas and Electric Company and SBC. Utility companies shall submit heir recommendations, if any, to the Director Public Works for all required easements. 31 PUBLIC WORKS All natural drainage channels shall be designated on the Final Map by easements labeled Natural Drainage Easement. 27

28 or Monitoring Actions a certified pressional is required 32 PUBLIC WORKS The subdivider shall pay for all maintenance and operation private roads, fire hydrants, street lights and storm drainage facilities from the time installation until acceptance improvements for the subdivision by the Board Supervisors, as completed in accordance with the agreement and until a Homeowner s Association or other agency with legal authorization to collect fees sufficient to support the services is formed to assume responsibility for the services. 33 PUBLIC WORKS All streets and driveways within the subdivision shall be inspected by a registered Civil Engineer and certified as in conformance with the improvement plans. 34 PUBLIC WORKS Cut slopes required for road construction shall not exceed 1 ½ to 1 except as specifically approved in concurrence with the erosion control report and as shown on the erosion control plan. Slope rounding shall be a minimum 10 feet by 10 feet to include replacement top soil (See also Item A in ion No. 12) 28

29 or Monitoring Actions a certified pressional is required 35 PBD024 - NOTE ON MAP- CONSTRUCTION OUTSIDE BUILDING ENVELOPES A note shall be placed on the final map or a separate sheet to be recorded with the final map stating that: No grading, structures, roads (except as in accordance with the recorded subdivision map), animal grazing, vegetation removal (except as required by the Fire District and approved by Planning and Building Inspection), or other activities may take place outside the designated building envelopes in the lots within the subdivision. This note shall also be included on all improvement plans and permits. (Planning and Building Inspection) Final map with note shall be submitted to PBI review and approval. recordation the Final Map 29

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