MONTEREY COUNTY PLANNING COMMISSION

Transcription

1 MONTEREY COUNTY PLANNING COMMISSION Meeting: Octo 13, :00AM Agenda Item: 5 Project Description: AVILA, DON & GAY CONTINUED FROM ; COMBINED DEVELOPMENT PERMIT CONSISTING OF A GENERAL PLAN AND ZONING AMENDMENTS FOR 70 ACRES CHANGING FARMLANDS AND PERMANENT GRAZING(40 ACRE MINIMUM0 TO RESIDENTIAL/5ACRE MINIMUM AND TO SUBDIVIDE 55 ACRES INTO 5 ACRE PARCELS FOR 11 LOTS WITH A REMAINDER PARCEL OF ACRES CREATED BY A LOT LINE ADJUSTMENT, AND SUBDIVISION OF 17 ACRES INTO THREE PARCELS OF FIVE ACRES (2) AND SEVEN ACRES (1); AND VARIANCE FOR RELIEF FROM SECTION F2(A)[AGRICULTURAL BUFFER ZONE] ASSESSOR S PARCEL NUMBERS ; ; AND , APPROXIMATELY 0.5 MILES NORTHWEST OF THE INTERSECTION OF RIVER ROAD AND CHUALAR RIVER ROAD, TORO AREA Project Location: 844, 870, 874 River Road, Salinas area (Assessors Parcel No.s (Samoske), (Riehl), (Mohsin)). Plan Area: TORO Flagged and staked: NO Zoning Designation: F/40 and PG/40 CEQA Action: MND Department: PLANNING AND BUILDING INSPECTION RECOMMENDATION: Adopt the attached resolution prepared to recommend that the Board of Supervisors consider the above legislative Combined Development Project. The Planning Commission Resolution recommends the following action by the Board of Supervisors: a. Adopt the ated Negative Declaration and ation Monitoring Program contained in the conditions attachment to the resolution b. Approve the General and Toro Area Plan Land Use Map amendments c. Approve the rezoning required to implement the General and Toro Area Plan amendments d. Approve the Standard Subdivision of 14 -five acre lots for Mohsin and Samoske e. Approve the Lot Line Adjustment between the Riehl and Mohsin parcels as part of the Standard Subdivision application and f. Approve the variance from the required Agricultural buffer reducing the setback from 200 to 100 OVERVIEW OF PROPOSED ACTION: The Planning Commission continued this matter from Septem 29th, 2004 to Octo 13, 2004 by resolution of intention to consider a draft Resolution from the Commission to the Board of Supervisors. The Resolution is attached hereto. The resolution contains findings on amending the General and Toro Area Plans and on the approval of the Tentative Subdivision Map and Lot Line Adjustment as well as the Agricultural Buffer variance. Conditions are attached including mitigation measures as part of the resolution. Attachments 1, 2, and 3 are figures that depict the amendments and the subdivision proposals.

2 OTHER AGENCY INVOLVEMENT: Agricultural Commissioner s Office Water Resources Agency Environmental Health Division Public Works Department Parks Department Fire Protection District All of the above have reviewed this project Lynne H. Mounday, Planning and Building Services Manager (831) moundayl@co.monterey.ca.us Octo 8, 2004 cc: Planning Commission (10); File; Bob Roach, Laura Lawrence, Wendy Strimling, Charles McKee, Shari Damon [Lombardo and Gilles], Salinas Rural Fire Protection District; Dale Ellis; Lynne Mounday; Therese Schmidt; Linda Rotharmel; ; Owners Attachments: PC Resolution to the Board of Supervisors with attachments. Vicinity Map, Assistant Director of Planning and Building Inspection reviewed this report. 2

3 Exhibit A PLANNING COMMISSION COUNTY OF MONTEREY, STATE OF CALIFORNIA RESOLUTION NO. * A. P. # ; ; and , In the matter of the application of the Don and Gay Avila Combined Development in accordance with Chapter (Combined Development s) of the Monterey County Code, consisting of Monterey County General and Toro Area Plan Amendments, a Standard Subdivision and Variance, for 70 acres changing Farmlands and Permanent Grazing (40 Acre Minimum to Residential (5 Acre Minimum) and subdividing 55 acres into eleven 5 acre parcels with a remainder parcel of acres created by a lot line adjustment and subdivision of 17 acres into 3 parcels of 5 acres (2) and 7 acres (1); and Variance for relief from Section F.2.a (agricultural buffer zone). Said Planning Commission, having considered the application and the evidence presented relating thereto, Findings of fact; FINDINGS & DECISION 1. FINDING: The General Plan Amendment, Zone Change, Subdivision Lot Line Adjustment and Variance (File No. PLN980516), as described in condition #1 and as conditioned, conforms with the plans, policies, requirements and standards of the Monterey County Subdivision Ordinance (Title 19), the General Plan, Toro Area Plan, and the Monterey County Zoning Ordinance (Title 21). The property is located at 844, 870, 874 River Road, Salinas area (Assessors Parcel No.s (Samoske), (Riehl), (Mohsin)). The parcels are zoned F/40-D (Farmlands, 40 acres minumum, with Design Approval overlay , Samoske); PG/40-D (Permanent Grazing, with Design Approval overlay , Riehl); PG/40-D ( , Mohsin) EVIDENCE: A. The Planning and Building Inspection staff reviewed the project, as contained in the application and accompanying materials, for consistency with: a) Monterey County General Plan 1) Policy states that all farmlands designated as prime, of statewide importance, unique, or of local importance shall be protected from incompatible uses on adjacent lands. This proposal is not on such designated lands and as conditioned would not be incompatible with grazing or dry land farming of adjacent acreages. The haying and grazing operations do not require extensive spraying, cultivation, or noisy equipment except during mowing and baling operations that occur infrequently and are of short duration. The Variance for the requirement of a 200 agricultural buffer will also assist in maintaining compatibility with any future agriculture conducted adjacent to this proposal. 1) Policy discourages premature development and scattered development. PLN AVILA COMBINED DEVELOPMENT PERMIT Page 3

4 This project is consistent because it clusters development of 5 acre density parcels around an existing nucleus of previously developed parcels. Providing services to the existing parcels and new parcels is facilitated by their location on an area that is not agriculturally viable and is near the Chualar River Road and has access to both Highway 101 and Highway 68 via River Road. 2) Policy The County shall encourage in-filling on vacant non-agricultural lands within existing developed areas and shall encourage new development within designated urban service areas. Infilling development shall be compatible with surrounding existing development. This proposal actual divides three existing larger parcels to create parcels identical in size to the core of 5 acre parcels already existing along the existing private road providing access through the subdivided lands. This project in-fills and slightly expands the existing development in the area. 3) Policy states that the division of agricultural land should be allowed only for agricultural purposes. The staff was concerned that this division is primarily for rural residential-low density residential and not agricultural purposes. A review of the soil types shows that they are Placentia (PnD), Arroyo Seco gravelly sandy loam (AsB), Xerorthents, sandy (Xb), Gloria Sandy loam (GhC) and Chualar loam (CbC). The soils usages are limited to dry land grain, forage or some irrigated crops such as strawries. They require very careful management and frequent applications of small amounts of water to avoid erosion. The land is primarily used for grazing. The soils could be used for growing grapes, but the Santa Lucia Highlands Appellation approved by the Bureau of Alcohol Tobacco and Firearms does not include lands north of Lime Kiln Road due to cool temperatures and excessive winds more than 8 hours per day. The lack of use for grazing has been due to the lack of productivity of the property as a forage producing site. The land is leased for grazing but has never returned an income equivalent to the property taxes on the property. 4) Policy states that the County shall make every effort to preserve, enhance, and expand viable agricultural land uses on farmland designated as prime, of statewide importance, unique, or of local importance through application of agricultural land use designations and encouragement of large lot agricultural zoning. Staff believes based upon the lack of use, available irrigation water, soil type, restrictions on cultivation, ambient temperatures, and windy conditions, that this land does not meet the specifications for the above designations of viability. Therefore, the development of the land for 14 additional 5.0+ acre residential lots does not violate this policy. 5) Growth Management Policy describes guiding principles for use by the Planning Commission and the Board in developing areas for new growth. The area proposed for 14 lots does not represent the concept of Growth as represented by Fort Ord-East Garrison, Las Palmas Ranch, or Rancho San Juan. The 14 lots are to be located for rural living on land that is consistent with developing some lands for maintaining the rural quality of life and with keeping the density of lots outside the urban areas low in density as is recommended by the Growth Management Policy, Appendix A to the Monterey County General Plan.. Octo7, 2004 b) Consistency with the Toro Area Plan and policies 1) Policy 4.1.4(T) The County shall preserve and expand the designated agricultural lands in Toro as depicted on the Toro area Land use Plan Map. This proposal reduces the amount of agricultural lands shown on the Toro Area Land Use Plan Map. Although the proposal seems plausible, it is inconsistent with this Toro Area Plan policy. The application however does not need to be consistent with a Plan that is being legislatively considered for 4

5 amendment. There is also considerable information and testimony that the land designated is not truly agricultural land. 2) Policy (T) states that new direct access points should be prohibited from single-family residences onto River Road. This proposal is consistent and will continue to use the one major access point that now serves existing residents. c) Monterey County Zoning Ordinance; 1) Chapter 21.14, Low Density Residential (LDR/5) describes the parcels proposed in the subdivision proposal and would bring the land and subdivision into consistency with the Low Density Residential designation as amended. 2) Chapter addresses variances and describes the findings required to vary from the standard required by section F.2.A (AGRICULTURAL BUFFER ZONE). The lots to be created from the Samoske parcel [APN ] and from some of the lots on the Mohsin parcel [APN would be rendered unbuildable due to the lack of depth on those lots. The agricultural viability report prepared for the project concluded the property is not prime farmland and has a low suitability for farming use. Further, the owners state the property has never been farmed. A review of the agricultural viability report shows the abutting properties share the same soil characteristics which make the project parcels infeasible for agricultural use. Soils of abutting parcels are primarily of the Arroyo Seco gravelly sandy loam (AsB) and Gloria sandy loam (GhC). The report classifies these soils within the Class III Capability Class. This soil class is characterized by severe limitations that reduce the choice of plants, require special conservation practices or both, making this type of soil sub-prime for agricultural use. The local soil conditions making the subject and surrounding agriculturally-zoned parcels infeasible for agricultural use are a unique physical circumstance, justifying relief from the agricultural buffer requirement. Further, abutting parcels are not in agricultural production, but are developed with single-family homes. A num of the single-family homes on surrounding parcels are situated on five-acre lots, within 200 feet of parcels zoned for agricultural use. Applying the 200-foot agricultural buffer requirement to the proposed five-acre parcels would make the Samoske portion of the project infeasible, because the existing lot width is too narrow to allow for any buildable area if the buffer requirement were applied. The requirement would also severely constrain development potential for the Mohsin portion of the project, limiting development of homes to a relatively narrow area down the center of the existing parcel. Therefore, application of the buffer requirement would deprive the subject property of privileges enjoyed by other properties in the vicinity, under identical zoning classification. These privileges include lot sizes of five acres, and situation of single-family homes within 200 feet of abutting, agriculturally-zoned parcels. Because a num of surrounding parcels are five acres in size and developed with structures located within the 200-foot buffer area, granting the subject parcels relief from the buffer requirement will not grant a special privilege inconsistent with limitations on surrounding parcels. Further, soil conditions making the subject parcels infeasible for agricultural productions also exist on surrounding parcels, making surrounding parcels potentially eligible for similar relief from the buffer requirement through the variance process. Octo7,

6 Octo7, ) Chapter addresses Amendments to Title. This chapter addresses the changes in the zoning district that are required to take place concurrently with any amendment to the General and Toro Area Plans. State Planning law [Government Code section 65860] requires that zoning be consistent with the land use designations. Changing a designation mandates changing the zoning to be consistent. The Low Density Residential/5 acre minimum site zone is consistent with the Low Density Residential 5 acre minimum Building Site designation requested as the amendment. d) Monterey County Subdivision Ordinance (Title 19) Decem ) Chapter The Board of Supervisors is hereby designated the appropriate decision-making body with respect to combined development permits where appropriate. The Board of Supervisors is the appropriate decision-making body for this subdivision because it is combined with General and Area Plan amendments as well as rezoning actions. It is therefore appropriate that the Planning Commission act as a recommending body to the Board of Supervisors in this matter. 2) Chapter A(1) The Planning Commission shall not approve the application unless accompanied by an environmental recommendation. This project staff report was forwarded with an Initial study, and a circulated ated Negative Declaration pursuant to CEQA Guidelines sections 15074a, b, c, and d. 2) Chapter B The subdivision application shall be circulated to the appropriate County Departments This application received review by all County Land use Departments as evidenced in the PLN planning file. 3) Chapter C The Standard Subdivision Committee shall meet to review the proposed development and make recommendations of proposed findings, conditions of approval or recommend disapproval to the Planning Commission. Notice of the meeting of the Standard Subdivision Committee shall be provided pursuant to section The Standard Subdivision Committee met on this application on July 8 th, 2004 and forwarded their recommendation to the Planning Commission as an attachment to the staff report [Exhibit J Subdivision Committee Resolution delivered at the August 25 th, 2004 meeting of the Planning Commission. 4) Chapter D After consideration by the Standard Subdivision Committee, the Director of Planning and Building Inspection shall set the matter for public hearing before the Planning Commission to review and consider the report of the Standard Subdivision Committee on the proposed development. The Planning Commission may approve, or deny, in whole or in part, the proposed development with appropriate findings, evidence and conditions. The Planning Commission has held three (3) hearings; August 25 th, Septem 29 th, and Octo 13 th to consider and review the appropriate recommendations and findings. Evidence of testimony is available on the taped record of the meetings. EVIDENCE B. The proposed development has been reviewed by the Monterey County Planning and Building Inspection Department regarding consistency with County policies noted above, and with conformance to the Zoning Ordinance chapters listed above, Water Resources Agency has reviewed drainage and runoff issues and suggested the relevant conditions required for the level of development proposed [see conditions attached hereto], Public Works Department has reviewed the impact of additional traffic on River Road and the access provided by Chualar River Road to Highway 101. Conversations and discussions with the Public Works Department are contained in the Initial Study related to traffic and have been incorporated into the conditions portion of this resolution as conditions 14-27, Environmental Health Division has reviewed the 6

7 EVIDENCE Octo7, 2004 water quality report, the report of the well drillers and has compared the proposed use to the existing water supply and has also recommended conditions of approval that are contained in this resolution as conditions 28-33, Parks and Recreation Department has recommended condition 34, the Housing and Redevelopment Agency has added condition 55, the Salinas Rural Fire Protection District has placed conditions related to fire safety, Agricultural Commissioner has commented on the agricultural viability of the land and its historic use, and made comments in support of the agricultural viability report prepared by the applicant and the Standard Subdivision Committee has met as a technical advisory body and made recommmendations to the Planning Commission. 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. Certain agencies have recommended conditions for the project. C. Written and verbal public testimony submitted at public hearings before the Standard Subdivison Committee and Planning Commission EVIDENCE D. The Toro Land Use Advisory Committee recommended denial of the parcel map on Octo 13, 1998 (3-1 vote, 1 absent), but voted for approval of the General Plan Amendment for the General Plan update public request phase on August 8, 2002 (3-2 vote). EVIDENCE E. On-site inspections of the project site by the project planner EVIDENCE F. The application, plans, and support materials submitted by the project applicant to the Monterey County Planning and Building Inspection Department for the proposed development, found in the project file. EVIDENCE G. All structures and infrastructure necessary to serve the rural residential low density project exist or are required through conditions of approval. 2. FINDING: County staff prepared an Initial Study for the project in compliance with the California Environmental Quality Act (CEQA) and Guidelines. The Initial Study provided substantial evidence that the project will not have significant environmental impacts. A ated Negative Declaration was filed with the County Clerk on June 9, The following evidence has been received and considered: All comments on the Initial Study; evidence in the record that includes studies, data and reports supporting the Initial Study; additional documentation requested by staff in support of the Initial Study findings; information presented 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 of the environmental determination are the following: a. Project Application File b. General Plan and Toro Area Plan c. Title 19 Subdivision Ordinance d Air Quality Management Plan for the Monterey Bay Region. e. MBUAPCD CEQA Guidelines f. Burnstein Remark Winery Trip Generation Study, Higgins Associates, April 15, 2003 g. Monterey County Geographic Information System h. Geotechnical Soils-Foundation and Geologic Hazards Report for the Avila, 7

8 Pisoni and Samoske Subdivisions, Grice Engineering Inc., June 1998 i. Agricultural Suitability and Land Capability Assessment, Avila, Pisoni and Samoske Properties, Rush, Marcroft and Associatiates j. Hydrogeologic Report for the Moshsin and Samoske Subdivision, Grice Engineering Inc., Septem 2003 k. Stormwater Drainage and Ground Water Impacts for the Avila, Pisoni and Samoske Subdivisions, Grice Engineering Inc., June 1998 l. Monterey County Draft Existing Conditions Report for the Monterey County 21 st Century General Plan Update, Anne Towner, Octo 12, 1999 m. Preliminary Archaeological Reconnaissance of Assessor s Parcel and , Archaeological Consulting, June 18, 1997 n. Percolation and Groundwater Study with Septic System Design Recommendations for the Avila, Pisoni and Samoske Subdivisions, Grice Engineering Inc., June 1998 o. Monterey County Growth Management Policy (Adopted by Board of Supervisors Resolution No , Octo 9, 1979) p. Personal Communication with Sharon Smith, Business Manager, Spreckels Union School District, February 23, 2004 q. Personal Communication with James Earhart, Business Manager, Salinas Union High School District, February 25, 2004 r. March 11, 2004 Salinas Rural Fire District letter s. Personal Communication with Bryce Hori, Public Works, April 20, 2004 EVIDENCE: A. The application, plans, and support materials submitted by the project applicant to the Monterey County Planning and Building Inspection Department for the proposed development, found in the project file. Octo7, 2004 B. No facts, reasonable assumptions predicated on facts, testimony supported by adequate factual foundation, or expert opinion 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 of those studies, data and reports. C. Studies, data and reports prepared by staff from various County departments including Planning and Building Inspection, Public Works, Environmental Health and Monterey County Water Resources Agency support the adoption of the ated Negative Declaration for the project. D. Communication with Bob Roach, Assistant Agricultural Commissioner, Septem 29, 2004, confirming the overall conclusions and methodology used by the Agricultural Viability Report to support the non-prime farming characteristics of the soils. The California Department of Conservation; Land Resource Protection Department Farmland Mapping and Monitoring Program has mapped all of the properties proposed for subdivision as Other Lands Adjacent parcels to the northwest and southeast are designated Grazing Lands parcels along River Road are designate Prime except for the Samoske and Pedrazzi parcels which are designated Other Lands E. Communication with Bob Roach, Assistant Agricultural Commissioner, Septem 29, 2004, concluding the loss of grazing 250 acres of grazing land will be 8

9 Octo7, 2004 insignificant compared to the over one million acres of grazing land existing in the county. 3. FINDING: That in approving the parcel map, the decision-making body has balanced the housing needs of the County against the public service needs of its residents and available fiscal and environmental resources. EVIDENCE: The applicant will be required to comply with the Inclusionary Housing Ordinance pursuant to condition # FINDING: That none of the findings found in Section I of the Monterey County Code Title 19 (Subdivision Ordinance) can be made. EVIDENCE: A. Section I requires that the subdivision be denied if any one of 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 Toro Area Plan as proposed for amendment. No specific plan has been prepared for this area. The site has been determined to be physically suitable for the type and density of development (see Evidence in Findings 1). 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 of 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. B. The property provides for adequate sites, subject to approval of the variance request, as evidenced by the application materials submitted for the project. C. The application, plans, and support materials, including the technical reports submitted by the project applicant to the Monterey County Planning and Building Inspection Department for the proposed development. The reports are: a. Geotechnical Soils-Foundation and Geologic Hazards Report for the Avila, Pisoni and Samoske Subdivisions, Grice Engineering Inc., June 1998 b. Agricultural Suitability and Land Capability Assessment, Avila, Pisoni and Samoske Properties, Rush, Marcroft and Associatiates c. Hydrogeologic Report for the Moshsin and Samoske Subdivision, Grice Engineering Inc., Septem 2003 d. Stormwater Drainage and Ground Water Impacts for the Avila, Pisoni and Samoske Subdivisions, Grice Engineering Inc., June 1998 e. Preliminary Archaeological Reconnaissance of Assessor s Parcel and , Archaeological Consulting, June 18, 1997 f. Percolation and Groundwater Study with Septic System Design Recommendations for the Avila, Pisoni and Samoske Subdivisions, Grice Engineering Inc., June FINDING: The subject property is in compliance with all the rules and regulations pertaining to zoning; uses, subdivision, and any other applicable provisions of Chapters 21.30, , and and any zoning violation abatement costs have been paid. EVIDENCE: Site visit and inspection by Planner, review of county records, and the tentative tract map and application materials found in the project file 9

10 6. FINDING: That the proposed subdivision will not adversely impact traffic conditions in the area. Octo7, 2004 A. The proposed subdivision has been reviewed by the Monterey County Department of Public Works and there is no indication from that Department that the subdivision will significantly impact traffic in the area, provided the required traffic mitigation fee is submitted. B. Project initial study C. from Bryce Hori dated Septem 29, 2004 indicating that the vehicle accident ratio on River Road between Chualar River Road and Parker Road was 2.57 collisions per million vehicle mile traveled for the period from January 1, 1999 to march 10, 2004, which was slightly higher than the overall rate for roadways of this type (1.46 to 2.00 collisions per million vehicle miles). 7. FINDING: The source capacity and water quality for all lots proposed to be created meets the requirements of all applicable health and safety regulations. EVIDENCE: A. The project as described in the application and accompanying materials was reviewed by the Environmental Health Division and the Water Resources Agency. The respective departments determined the project can be conditioned to meet the requirements of all applicable health and safety regulations. B. Project hydro geologic report as reviewed by the Monterey County Health Department Division of Environmental Health. Environmental Health concluded that there is adequate long-term availability and sustainability of water for 13 additional residences on five acre lots in this location. Given the following information that is known about existing wells on the premises and serving the area, the water supply is not dependent upon reducing the water availability currently supplying any parcels in the vicinity. 1. The Avila subdivision consists of two parcels for a subdivision and involves one for a lot line adjustment. The parcels are APN (Samoske), APN (Mohsin) and (Riehl --lot line adjust. only). Samoske proposes 3 lots and Mohsin proposes 11 lots. All of these lots propose to connect to the River Road Water System # River Road Water System #23 (RRWS #23) is operated by Joseph & Sandra Samoske. The well is located on parcel and use of the well on the Samoske parcel was established through an easement agreement dated 03/13/1964. The water system has 2 active connections for APN (Samoske parcel that is part of the subdivision) and (Pisoni River Rd.). Recent water quality tests shows that the water quality meets state standards. The well pumps approximately gpm. The system was last inspected in August RRWS #23 does not serve the Mohsin Parcel. 3. RRWS #23 provides the water that irrigates the Samoske pastures - approximately AF/year. 4. RRWS #23, which will provide water to all of the lots created by subdividing the Samoske and Mohsin parcels, will have a reduction in water from AF/y to AF/yr. Despite any intensification of water use on the Mohsin parcel, the long-term water supply for the project is provided through the implementation of the Salinas Valley Water project. C. The application, plans, and support materials, submitted by the project applicant to the Monterey County Planning and Building Inspection Department for the proposed subdivision. Findings 8-11 for Variance 10

11 8. FINDING Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this Title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Octo7, 2004 The agricultural viability report prepared for the project concluded that the property is not prime farmland and has a low suitability for farming use. Further, the owners state the property has never been farmed. A review of the agricultural viability report supports an argument that the abutting properties share the same soil characteristics which make the project parcels infeasible for agricultural use. Soils of abutting parcels are primarily of the Arroyo Seco Gravelly Sandy Loam (AsB) and Gloria Sandy Loam (GhC). The report classifies these soils within the Class III Capability Class. This soil class is characterized by severe limitations that reduce the choice of plants, require special conservation practices or both, making this type of soil sub-prime for agricultural use. The local soil conditions making the subject and surrounding agriculturally-zoned parcels infeasible for agricultural use are a unique physical circumstance, justifying relief from the agricultural buffer requirement. Further, abutting parcels are not in agricultural production, but are developed with single-family homes. A num of the single-family homes on surrounding parcels are situated on five-acre lots, within 200 feet of parcels zoned for agricultural use. Applying the 200-foot agricultural buffer requirement to the proposed five-acre parcels would make the Samoske portion of the project infeasible, because the existing lot width is too narrow to allow for any buildable area if the buffer requirement were applied. The requirement would also severely constrain development potential for the Mohsin portion of the project, limiting development of homes to a relatively narrow area down the center of the existing parcel. Therefore, application of the buffer requirement would deprive the subject property of privileges enjoyed by other properties in the vicinity, under identical zoning classification. These privileges include lot sizes of five acres, and situation of single-family homes within 200 feet of abutting, agriculturally-zoned parcels. EVIDENCE: A. Agricultural Viability Report in project file PLN B. Aerial photographs in project file PLN C. Planner site visits D. Communication with Bob Roach, Assistant Agricultural Commissioner, Septem 29, 2004, confirming the overall conclusions and methodology used by the Agricultural Viability Report to support the non-prime farming characteristics of the soils. 9 FINDING That the variance not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; Because a num of surrounding parcels are five acres in size and developed with structures located within the 200-foot buffer area, granting the subject parcels relief from the buffer requirement will not grant a special privilege inconsistent with limitations on surrounding parcels. Further, soil conditions making the subject parcels infeasible for agricultural production also exist on surrounding parcels, making surrounding parcels potentially eligible for similar relief from the buffer requirement through the variance process. EVIDENCE: Evidence for Finding 8, above. 11

12 10. FINDING A Variance shall not be granted for a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The parcels will be developed with single-family homes and associated accessory structures and uses. These uses are expressly permitted in the proposed Low Density Residential land use designation and zoning. EVIDENCE: A. Section (Regulations for Low Density Residential Zoning Districts) EVIDENCE: B. Evidence for 1, above 11. FINDING The qualifications of Section (A) and (B) apply to the land, structure, or use of which the Variance is sought EVIDENCE: Findings and Evidence for 8-10, above. Said Planning Commission, having considered the application and the evidence presented relating thereto, * DECISION It is the decision of the Planning Commission that said application for a Combined Development be referred to the Board of Supervisors with a recommendation that the Board adopt the ated Negative Declaration and amend the General and Toro Area Plan, approve the Standard Subdivision Tentative Map, Lot Line Adjustment and grant the Variance subject to the Findings, Evidence herein and as shown on the attached sketch and subject to the attached conditions. PASSED AND ADOPTED this 13th day of Octo, by the following vote: AYES: * NOES: * ABSENT: * JEFF MAIN, SECRETARY COPY OF THIS DECISION MAILED TO APPLICANT ON THIS IS A RECOMMENDATION TO THE BOARD OF SUPERVISORS. IT IS NOT NECESSARY TO APPEAL THIS DECISION. NOTES 1. This permit will be scheduled for hearing before the Board of Supervisors. Octo7,

13 Planning and Building Inspection Department Condition Compliance & ation Monitoring and/or Reporting Plan Project Name: Avila Subdivision (Samoske, Riehl, Mohsin) File No: PLN APNs: , , Approval by: Board of Supervisors Date:. Conditions of Approval and/or ation Measures 1 This Combined Development (PLN980516) allows a General Plan Amendment from Farmlands (40 Acre Minimum Lot Size) and Rural Grazing (40 Acre Minimum Lot Size) to LDR/5-D (Low Density Residential, 5 Acres Per Unit Minimum Lot Size, Design Approval); rezoning from F/40-D (Farmlands, 40-Acre Minimum Lot Size, Design Approval) and RG/40-D (Rural Grazing, 40-Acre Minimum Lot Size, Design Approval) to LDR/5; Subdivision of 55 acres into 5 acre parcels for 11 lots with a remainder parcel of acres created by a lot line adjustment and subdivision of 17 acres into 3 parcels of 5 acres (2) and 7 acres (1); and Variance for relief from Section F.2.a (agricultural buffer zone).. The property is located at 844, 870, 874 River Road (Assessor s Parcel ; ; and ), Toro Area 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 of the conditions of this permit are met to the satisfaction of the Director of Planning and Building Inspection. Any use or construction not in PLN AVILA COMBINED DEVELOPMENT PERMIT Page 13 Adhere to conditions and uses specified in the permit. Ongoing unless otherwise stated

14 . Conditions of Approval and/or ation Measures substantial conformance with the terms and conditions of this permit 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. (Planning and Building Inspection) 2 MM1-2 A scenic easement shall be conveyed to the County over those portions of the property not proposed for five-acre lots, excluding the existing home site. A scenic easement deed shall be submitted to, and approved by, the Director of Planning and Building Inspection prior to issuance of grading or permits. (Planning and Building Inspection) 3 Pursuant to the State Public Resources Code, State Fish and Game Code, and California Code of Regulations, the applicant shall pay a fee, to be collected by the County, within five (5) calendar days of project approval prior to filling of the Notice of Determination. This fee shall be paid on or before the filing of the Notice of Determination. Proof of payment shall be furnished by the applicant to the Director of Planning and Building Inspection prior to the recordation of the tentative map, the commencement of the use, or the issuance of and/or grading permits, whichever occurs first. The project shall not be operative, vested or final until the filing fees are paid. (Planning and Building Submit scenic easement to PBI for approval. Proof of payment shall be furnished by the applicant to the Director of Planning and Building Inspection prior to the recordation of the tentative map, the commencement of the use, or the issuance of and/or grading permits, whichever occurs first. Issuance of Grading and Building s the recordation of the tentative map, the start of the use or the issuance of build-ing and grading permits. Octo7,

15 . Conditions of Approval and/or ation Measures Inspection) 4 PBD016 - INDEMNIFICATION AGREEMENT The property owner agrees as a condition and in consideration of the approval of 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 of Monterey or its agents, officers and employees from any claim, action or proceeding against the County or its agents, officers 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 of such action. County may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve applicant of his obligations under this condition. An agreement to this effect shall be recorded upon demand of County Counsel or concurrent with the issuance of permits, use of Proof of recordation of the Indemnification Agreement, as outlined, shall be submitted to PBI. Upon demand of County Counsel or concur-rent with the issuance of permits, use of the property, filing of the final map, which-ever occurs first and as applic-able Octo7,

16 . Conditions of Approval and/or ation Measures the property, filing of the final map, whichever occurs first and as applicable. The County shall promptly notify the property owner of any such claim, action or proceeding and the County shall cooperate fully in the defense thereof. If the County fails to promptly notify the property owner of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, the property owner shall not thereafter be responsible to defend, indemnify or hold the county harmless. (Planning and Building Inspection) 5 MM1-3 No street lights shall be permitted within the subdivision (Planning and Building Inspection) 6 The applicant shall enter into an agreement with the County to implement a ation Monitoring and/or Reporting Plan in accordance with Section of the California Public Resources Code and Section of Title 14, Chapter 3 of the California Code of Regulations. Compliance with the fee schedule adopted by the Board of Supervisors for mitigation monitoring shall be required and payment made to the County of Monterey at the time the property owner submits the signed mitigation monitoring agreement. (Planning and Building Inspection) 1) Enter into agreement with the County to implement a ation Monitoring Program. 2) Fees shall be submitted at the time the property owner submits the signed mitigation filing of the Final Map or issuance of any grading or permits. Octo7,

17 . Conditions of Approval and/or ation Measures monitoring agreement. 7 A note shall be placed on the final map or a separate sheet to be recorded with the final map stating that: "A Geotechnical Soils-Foundation (June 1998); Stormwater Drainage and Ground Water Impact Report (June 1998); and Septic Report (June 1998) have been prepared on this property by Grice Engineering, and are on file in the Monterey County Planning and Building Inspection Department. The recommendations contained in said reports shall be followed in all further development of this property." The note shall be located in a conspicuous location, subject to the approval of the County Surveyor. (Planning and Building Inspection) 8 The applicant shall record a notice which states: "A permit (Resolution ) was approved by the Board of Supervisors for Assessor's Parcel s , and on [ ]. The permit was granted subject to [ ] conditions of approval which run with the land. A copy of the permit is on file with the Monterey County Planning and Building Inspection Department." Proof of recordation of this notice shall be furnished to the Director of Planning and Building Inspection prior to issuance of Final recorded map with notes shall be submitted to PBI and Public Works for review and approval. Proof of recordation of this notice shall be furnished to PBI. Recording of the Final Map Issuance of grading and permits or start of use. Octo7,

18 . Conditions of Approval and/or ation Measures permits or commencement of the use. (Planning and Building Inspection) 9 issuance of or grading permits, a notice shall be recorded with the Monterey County Recorder which states: " A Geotechnical Soils-Foundation (June 1998); Stormwater Drainage and Ground Water Impact Report (June 1998); and Septic Report (June 1998) have been prepared on this property by Grice Engineering and is on record in the Monterey County Planning and Building Inspection Department, in project file PLN All development shall be in accordance with this report." (Planning and Building Inspection) 10 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 of the Monterey County " Such facilities shall be installed or bonded prior to filing the (parcel or final) map. The note shall be located in a conspicuous manner subject to the approval of the Director of Public Works. (Planning and Building Inspection) Proof of recordation of this notice shall be furnished to PBI. Place note on map or a separate sheet and submit to PBI for review and approval. / Owner issuance of grading and permits record-ation of final map. Octo7,

19 . Conditions of Approval and/or ation Measures 11 All new utility and distribution lines shall be placed underground. (Planning and Building Inspection; Public Works) 12 MM MM6-1 A VS (Visual Sensitivity) overlay zoning designation shall be applied to all property proposed for the LDR/5 zoning designation. This designation requires a use permit for all development with potentially significant visual impacts. Conditions of approval may be imposed to ensure the development blends with the environment. (Planning and Building Inspection) The project shall comply with all recommendations of the Geotechnical Soils-Foundation and Geological Hazards Report for the Avila, Pisoni and Samoske Subdivisions (Grice, June 1998) (Planning and Building Inspection) 14. The interior road shall be constructed in accordance with the typical section including 2 of asphalt concrete with positive drainage control. (Public Works) 15 The applicant shall contribute traffic impact fees to Highway 68 and River Road in the amount of $2, (1998 dollars) per unit at the time of filing of the final map. This fee shall be adjusted annually (March 1) in accordance with the ENR Construction Cost Index. (Public Works) Octo7, None / Owner Ongoing filing of final map

20 . Conditions of Approval and/or ation Measures 16 Provide an on-site/off-site drainage improvement study prepared by a registered Civil Engineer. Study to be approved by Public Works Department and the Water Resources Agency and shall be incorporated in the improvement plans. (Public Works) 17 Submit the approved tentative map to impacted utility companies. Subdivider shall submit utility company recommendations, if any, to the Department of Public Works for all required easements. (Public Works) 18 Pay for all maintenance and operation of subdivision improvements from the time of installation until acceptance of the improvements for the Subdivision by the Board of Supervisors as completed in accordance with the subdivision improvement agreement and until a homeowners association or other agency with legal authorization to collect fees sufficient to support the services is formed to assume responsibility for the services. (Public Works) 19 Designate all natural drainage channels on the final map by easements labeled Natural Drainage Easement. (Public Works) s Engineer shall prepare drainage study and improvement plans for review and approval by DPW. Subdivider shall provide tentative map to impacted utility companies for review. Subdivider shall submit utility comments to DPW Subdivider shall be responsible to maintain improvements until maintenance is assumed by another entity. Subdivider s surveyor shall include labeling as described on Final Map. / Engineer Building/ Grading s Issuance or Recordation of Final Map Recordation of Map Subdivider Ongoing Subdivider/ Surveyor Recordation of Final Map Octo7,

21 . Conditions of Approval and/or ation Measures 20 Where cut or fills at property line exceed 5 driveways shall be rough graded when streets are rough graded. Positive drainage and erosion control shall be provided. (Public Works) 21 Designate all subdivision roads as private roads. (Public Works) Subdivider s Engineer shall include notes on improvement plans. Subdivider s Surveyor shall designate private roads on final map. Subdivider/ Engineer Recordation of Final Map Subdivider Ongoing 22 Submit all proposed road names to the Department of Public Works for approval by County Communications. (Public Works) 23 A grading permit shall be obtained from the Planning and Building Inspection Department if required. (Public Works) Subdivider shall submit proposed road names to DPW. DPW will submit to County Communications for Approval. Subdivider to make application for Grading. Subdivider Subdivider Recordation of Final Map Commenceme nt of Grading 24 Plant and maintain all graded areas of the street rightof-way as required by the Department of Public Works to control erosion. The area planted shall include all shoulder areas and all cut and fill slopes. A report and plan prepared by a qualified person shall be submitted for approval of the Department of Public Works and include the following: a. That the cut and fill slopes be stabilized. b. Specific method of treatment and type of Subdivider s Engineer to include erosion control measures on improvement plans. Subdivider/Engi neer Filing for record the Final Map Octo7, PW

22 . Conditions of Approval and/or ation Measures planting, by area, for each soil type and slope required to satisfy item (a). c. Type and amount of maintenance required to satisfy item (a). (Public Works) 25 Install and maintain a stop sign on River Road (Public Works) 26 Form a homeowners association for road and drainage maintenance. Prepare an operation and maintenance plan for all facilities. Implement a fee program to fund operation and maintenance, and have appropriate documentation recorded against each parcel within the subdivision. (Public Works) 27 Obtain an encroachment permit from the Department of Public Works and construct a commercial driveway connection River Road including acceleration and deceleration tapers. The design and construction is subject to the approval of the Public Works Director. (Public Works) Subdivider/ shall install and maintain stop sign. Subdivider shall submit documentation to DPW and WRA for formation of homeowners association or other entity to maintain roads and drainage improvements. shall obtain an encroachment permit from DPW prior to issuance of permits and complete improvement prior to occupying or commencement of use. is responsible to obtain all permits and environmental clearances. Subdivider/ Subdivider Ongoing Filing for record the Final Map Building/ Grading Issuance. Octo7,

23 . Conditions of Approval and/or ation Measures 28 Obtain a new or amended water system permit from the Division of Environmental Health. (Environmental Health) 28 Design the water system improvements to meet the standards as found in Chapter of the Monterey County Code, Titles 17 and 22 of the California Code of Regulations and as found in the Residential Subdivision Water Supply Standards. Submit engineered plans for the water system improvements, including plans for secondary treatment, and any associated fees to the Director of Environmental Health for review and approval prior to installing (or bonding) the improvements. (Environmental Health) 29 Design the water system improvements to meet fire flow standards as required and approved by the local fire protection agency. (Environmental Health) Submit necessary application, reports and testing results to EH for review and approval. Submit engineered plans for the water system improvements, including plans for secondary treatment, and any associated fees to EH for review and approval prior to installing (or bonding) the improvements. Submit evidence to the Division of Environmental Health that the proposed water CA Licensed Engineer / CA Licensed Engineer / CA Licensed Engineer / issuance of grading/ permits or Filing for record the Final Map issuance of grading/ permit or Filing for record the Final Map installing or bonding water system Octo7,

24 . Conditions of Approval and/or ation Measures system improvements improvements have been approved by the local fire protection agency. 30 The developer shall install the water system improvements to and within the subdivision and any appurtenances needed or shall enter into a Subdivision Improvement Agreement with the County to install the water system improvements and provide security guaranteeing the performance of the Agreement. (Environmental Health) 31 Submit an updated map indicating proposed septic envelopes for parcels 1-11 of APN (Mohsin) and parcels B and C of APN (Samoske) to the Division of Environmental Health for review and approval. Once approved the septic envelopes shall appear as part of the final/parcel map. (Environmental Health) The developer shall install the water system improvements to and within the subdivision and any appurtenances needed or shall enter into a Subdivision Improvement Agreement with the County to install the water system improvements and provide security guaranteeing the performance of the Agreement. Once approved the septic envelopes shall appear as part of the final/parcel map. CA Licensed Engineer / Filing for record the Final Map Filing for record the Final Map Octo7,

25 . Conditions of Approval and/or ation Measures 32 A deed notification shall be recorded concurrently with the final/parcel map with the Monterey County Recorder which states: " A soils and percolation report has been prepared for this parcel by Grice Engineering, dated June 31, 1998 and is on record at the Division of Environmental Health, Monterey County, File PLN All proposed development shall be in compliance with this report and the recommendations therein." (Environmental Health) 33 Submit a tentative map indicating the proposed well lots, water distribution, and access easements for the water system to the Director of Environmental Health for review and approval. Once approved, well lots and easements shall appear as part of the final map. (Environmental Health) 34 The shall comply with Section Recreation Requirements, of the Subdivision Ordinance, Title 19, Monterey County Code, by paying a fee in lieu of land dedication. The Parks Department shall determine the fee in accordance with provisions contained in Section (D) (Parks Department) Submit proposed wording and forms to be recorded to EH and P&BI for review and approval. Record deed notification. Submit plans to the Division of Environmental Health for review and approval. The shall comply with the Recreation Requirements contained in Section of the Subdivision Ordinance Title 19, Monterey County CA Licensed Engineer / Concurrently with filing for record the Final Map. Filing for record the Final Map Filing for record the Final Map Octo7,

26 . Conditions of Approval and/or ation Measures 35 FIRE002 - ROADWAY ENGINEERING The grade for all roads shall not exceed 15 percent. Where road grades exceed 8 percent, a minimum structural roadway surface of 0.17 feet of asphalt concrete on 0.34 feet of aggregate base shall be required. The length of vertical curves in roadways, exclusive of gutters, ditches and drainage structures designed to hold or divert water, shall not be less than 100 feet. No roadway turn shall have a horizontal inside radius of less than 50 feet. A roadway turn radius of 50 to 100 feet is required to have an additional 4 feet of roadway surface. A roadway turn radius of 100 to 200 feet is required to have an additional 2 feet of roadway surface. Roadway turnarounds shall be required on dead-end roads in 36 FIRE007 - DRIVEWAYS Drive Driveways shall not be less than 12 feet wide unobstructed, with an unobstructed vertical clearance of not less than 15 feet. The grade for all driveways shall not exceed 15 percent. Where the grade exceeds 8 percent, a minimum structural roadway surface of 0.17 feet of asphalt concrete on 0.34 feet of aggregate base shall be required. The driveway surface shall be capable of supporting the imposed load of fire apparatus (22 tons), and be accessible by conventional-drive vehicles, including sedans. For driveways with turns 90 degrees and less, the shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection for each phase of development. shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection or owner or owner or owner or owner issuance of grading and/or permit. final inspection issuance of grading and/or permit. final inspection. Octo7,

27 . Conditions of Approval and/or ation Measures minimum horizontal inside radius of curvature shall be 25 feet. For driveways with turns greater than 90 degrees, the minimum horizontal inside radius curvature shall be 28 feet. For all driveway turns, an additional surface of 4 feet shall be added. All driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided at no greater than 400-foot intervals. Turnouts shall be a minimum of 12 feet wide and 30 feet long with a minimum of 25-foot taper at both ends. Turnarounds shall be required on driveways in excess of 150 feet of surface length and shall long with a minimum 25-foot taper at both ends. Turnarounds shall be required on driveways in excess of 150 feet of surface length and shall be located within 50 feet of the primary. The minimum turning radius for a turnaround shall be 40 feet from the center line of the driveway. If a hammerhead/t is used, the top of the T shall be a minimum of 60 feet in length. Responsible Land Use Department: Salinas Rural Fire District 37 FIRE009 - BRIDGES All new and reconstructed bridges shall be at least the width of the roadbed and ms, but in no case less than 12 feet wide. Bridge width on all roads exceeding tertiary standards shall not be less than the shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. or owner or owner issuance of grading and/or permit. width of the two lanes with ms. All bridges shall Octo7,

28 . Conditions of Approval and/or ation Measures be designed for HS15-44 loading and have guardrails. Appropriate signage, including but not limited to, weight ratings or vertical clearance limitations, and one-way road or single-lane road conditions, shall be provided at both entrances to any bridge. One-lane bridges may be permitted if there is unobstructed visibility across the entire bridge, and turnouts are provided at both bridge ends. The fire authority may impose more stringent requirements for bridges. Responsible Land Use Department: Salinas Rural Fire District 38 FIRE010 -ROAD SIGNS All newly constructed or approved roads and streets shall be designated by names or nums, posted on signs clearly visible and legible from the roadway. Size of letters, nums and symbols for street and road signs shall be a minimum 4-inch letter height, ½- inch stroke, and shall be a color that is reflective and clearly contrasts with the background color of the sign. All numerals shall be Arabic. Street and road signs shall be non-combustible and shall be visible and legible from both directions of vehicle travel for a distance of at least 100 feet. Height, visibility, legibility, and orientation of street and road signs shall be meet the provisions of Monterey County Ordinance No This section does not require any entity to rename or renum existing roads or streets, nor shall shall schedule fire dept. clearance inspection shall incorporate specification into design and enumerate as Fire Dept. Notes on improvement plans. shall schedule fire dept. clearance inspection for each phase of development. or owner or owner final inspection. Filing for record the Final Map issuance of permit(s) for develop-ment on individual lots within the phase of the subdivi-sion. a roadway providing access only to a single Octo7,

29 . Conditions of Approval and/or ation Measures commercial or industrial occupancy require naming or numing. Signs required under this section identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roads, streets and/or private lanes. Signs identifying traffic access or flow limitations (i.e., weight or vertical clearance limitations, dead-end road, one-way road or single lane conditions, etc.) shall be placed: (a) at the intersection preceding the traffic access limitation; and (b) not more than 100 feet before such traffic access limitation. Road, street and private lane signs required by this article shall be installed prior to final acceptance of road improvements by the Reviewing Fire Authority. Responsible Land Use Department: Salinas Rural Fire District 39 FIRE011 - ADDRESSES FOR BUILDINGS All s shall be issued an address in accordance with Monterey County Ordinance No Each occupancy, except accessory s, shall have its own permanently posted address. When multiple occupancies exist within a single, each individual occupancy shall be separately identified by its own address. Letters, nums and symbols for addresses shall be a minimum of 4-inch height, 1/2- inch stroke, contrasting with the background color of the sign, and shall be Arabic. The sign and nums shall be reflective and made of a noncombustible shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection or owner or owner issuance of permit. final inspection material. Address signs shall be placed at each Octo7,

30 . Conditions of Approval and/or ation Measures driveway entrance and at each driveway split. Address signs shall be and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Address signs along one-way roads shall be visible from both directions of travel. Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the nearest road intersection providing access to that site. Permanent address nums shall be posted prior to requesting final clearance. Responsible Land Use Department: Salinas Rural Fire District 40 FIRE012 - EMERGENCY WATER STANDARDS - WATER SYSTEMS The provisions of this condition shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available on-site prior to the completion of road construction, where a community water system is approved, or prior to the completion of construction, where an individual system is approved. Approved water systems shall be installed and made serviceable prior to the time of construction. Water systems constructed, extended or modified to serve a new shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection for each phase of development. or owner or owner issuance of permit. final inspection development, a change of use, or an intensification of Octo7,

31 . Conditions of Approval and/or ation Measures use, shall be designed to meet, in addition to average daily demand, the standards shown in Table 2 of the Monterey County General Plan, NFPA Standard 1142, or other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available Responsible Land Use Department: Salinas Rural Fire District 41 FIRE015 - FIRE HYDRANTS/FIRE VALVES A fire hydrant or fire valve is required. The hydrant or fire valve shall be 18 inches above grade, 8 feet from flammable vegetation, no closer than 4 feet or further than 12 feet from a roadway, and in a location where fire apparatus using it will not block the roadway. The hydrant serving any shall be not less than 50 feet and not more than 1000 feet by road from the it is to serve. Minimum hydrant standards shall include a brass head and valve with at least one 2 1/2 inch National Hose outlet supplied by a minimum 4 inch main and riser. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimensions of 3 inches, located on the driveway address sign, non-combustible post or fire hydrant riser. If used, the post shall be within 3 feet of the hydrant/valve, with the blue marker not less shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection or owner or owner issuance of grading and/or permit. final inspection than 3 feet or greater than 5 feet above the ground, Octo7,

32 . Conditions of Approval and/or ation Measures visible from the driveway. On paved roads or driveways, reflectorized blue markers shall be permitted to be installed in accordance with the State Fire Marshal's Guidelines for Fire Hydrant Markings along State Highways and Freeways, May Responsible Land Use Department: Salinas Rural Fire District 42 FIRE016 - SETBACKS All parcels 1 acre and larger shall provide a minimum 30-foot setback for new s and accessory s from all property lines and/or the center of the road. For parcels less than 1 acre, alternate fuel modification standards or other requirements may be imposed by the local fire jurisdiction to provide the same practical effect. Responsible Land Use Department: Salinas Rural Fire District 43 FIRE017 - DISPOSAL OF VEGETATION AND FUELS Disposal, including chipping, burying, or removal to a landfill site approved by the local jurisdiction, of vegetation and debris caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to final clearance of the related permit. Responsible Land Use Department: Salinas Rural Fire District shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection shall schedule fire dept. clearance inspection or owner or owner or owner issuance of grading and/or permit. final inspection final inspection Octo7,

33 . Conditions of Approval and/or ation Measures 44 FIRE021 - FIRE PROTECTION EQUIPMENT & SYSTEMS - FIRE SPRINKLER SYSTEM The (s) and attached garage(s) shall be fully protected with automatic fire sprinkler system(s). Installation shall be in accordance with the applicable NFPA standard. A minimum of four (4) sets of plans for fire sprinkler systems must be submitted by a California licensed C-16 contractor and approved prior to installation. This requirement is not intended to delay issuance of a permit. A rough sprinkler inspection must be scheduled by the installing contractor and completed prior to requesting a framing inspection. Responsible Land Use Department: Salinas Rural Fire District 45 FIRE026 - ROOF CONSTRUCTION All new structures, and all existing structures receiving new roofing over 50 percent or more of the existing roof surface within a one-year period, shall require a minimum of ICBO Class B roof construction. Responsible Land Use Department: Salinas Rural Fire District 46 WR7 - DRAINAGE NOTE A note shall be recorded on the final map stating: Any future development on these parcels will require a drainage plan to be prepared by a registered civil engineer or architect addressing on-site and off-site impacts. The plan shall be submitted to the Water shall enumerate as Fire Dept. Notes on plans. shall schedule fire dept. rough sprinkler inspection shall schedule fire dept. final sprinkler inspection shall enumerate as Fire Dept. Notes on plans. Submit a copy of the final map to be recorded, with appropriate note, to the Water Resources Agency for review and approval. or owner or owner or owner issuance of permit. framing inspection final inspection issuance of permit. Filing for record the Final Map Octo7,

34 . Conditions of Approval and/or ation Measures Resources Agency for approval. The applicant shall provide the Water Resources Agency a copy of the map to be recorded. (Water Resources Agency) 47 WR41 - NOTICE OF WATER CONSERVATION REQUIREMENTS A notice shall be recorded on the deed for each lot stating: All new construction shall incorporate the use of low water use plumbing fixtures and drought tolerant landscaping, in accordance with County Water Resources Agency Ordinance No Prior to recordation of the final map, a copy the completed notice shall be provided to the Water Resources Agency for approval. (Water Resources Agency) 48 WR42 - LANDSCAPING REQUIREMENTS A notice shall be recorded on the deed for each lot stating: The front yards of all homes shall be landscaped at the time of construction. Low water use or drought tolerant plants shall be used together with water efficient irrigation systems. recordation of the final map, a copy the completed notice shall be provided to the Water Resources Agency for approval. (Water Resources Agency) Submit a recorded notice to the Water Resources Agency for review and approval. (A copy of 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 of the County s standard notice can be obtained at the Water Resources Agency.) Recording of the notice shall occur concur-rently with recording of the Final Map Recording of the notice shall occur concur-rently with the recording of the Final Map Octo7,

35 . Conditions of Approval and/or ation Measures 49 WR44 - WATER USE INFORMATION The applicant shall provide the Water Resources Agency a copy of the Water Use & Nitrate Impact Questionnaire describing the pre-development and post-development water use on the property. (Water Resources Agency) 50 WR45 - WELL INFORMATION The applicant shall provide the Water Resources Agency information on the well to serve the project including a map showing the well location and any available well logs/e-logs. (Water Resources Agency) 51 MM MM8-3 Preliminary Drainage Analysis The applicant shall provide the Water Resources Agency a drainage report that includes calculations certifying stormwater detention facilities will be sized to store the difference between the 100-year post-development runoff and the 10-year pre-development runoff, while limiting discharge to the 10-year pre-development rate. The location of the detention pond(s) shall be shown on the final map. (Water Resources Agency) Drainage Plan The applicant shall provide the Water Resources Agency a drainage plan prepared by a registered civil engineer addressing on-site and off-site impacts. The plan shall include construction details for the detention pond(s). Drainage improvements shall be constructed in Submit the WUNIQ to the Water Resources Agency for review and approval. Submit all applicable well information to the Water Resources Agency for review and approval. Submit the drainage report to the Water Resources Agency for review and approval. Submit 3 copies of the drainage plan to the Water Resources Agency for review and approval. Filing for record the Final Map issuance of any grading or permits Filing for record the Final Map. issuance of any grading or permits. Octo7, WRA WRA

36 . Conditions of Approval and/or ation Measures accordance with plans approved by the Water Resources Agency. (Water Resources Agency) 53 MM MM8-4 issuance of any grading permits, the applicant shall provide the Water Resources Agency a road improvement plan prepared by a registered civil engineer that includes dispersing stormwater runoff onto a non-erodible surface. Improvements shall be constructed in accordance with plans approved by the Water Resources Agency. (Water Resources Agency) the conveyance of any lots in the subdivision, developer shall have the sole responsibility for the care, maintenance, and repair of road and drainage improvements installed as a condition of approval of the subdivision. Upon each conveyance of each lot in the subdivision, developer shall be jointly obligated with the succeeding owners to perform such obligation pro rated on the basis of the remaining num of lots still owned by the developer. Developer s obligation shall cease upon the conveyance of the last lot in the subdivision. filing the final map, a copy of a signed and notarized Road and Drainage Maintenance Agreement shall be provided to the Water Resources Agency for approval. The agreement shall be recorded concurrently with the Submit the improvement plan to the Water Resources Agency for review and approval. Submit, a copy of a signed and notarized Road and Drainage Maintenance Agreement shall be provided to the Water Resources Agency for approval issuance of any grading permits the conveyance of any lots in the subdivision Octo7,

37 . Conditions of Approval and/or ation Measures final map. (Water Resources Agency) 55 Comply with the requirements of the Inclusionary Housing Ordinance. (Planning and Building Inspection Department) Contact the Monterey County Housing Authority to comply with the ordinance by designating lots for low or moderate income housing. /subd ivider Filing for record the Final Map Octo7,

38 Octo7,

39 Octo7,