MONTEREY COUNTY MINOR SUBDIVISION COMMITTEE

MONTEREY COUNTY MINOR SUBDIVISION COMMITTEE Meeting: June 30, 2011 Time: C14D } 1 Agenda Item No.: 2 Project Description: Lot Line Adjustment of an equal exchange between two legal lots of record, Parcel 1 (5.72 acres), (Assessor's Parcel Number 103-071-002-000) and Parcel 2 (4.28 acres), (Assessor's Parcel Number 103-071-019-000), respectively. Project Location: 564 and 577 Monhollan Road, APNs: 103-071-002-000 & Cannel 103-071-019-000 Planning File Number: PLN100560 Owner: Andres Joseph Flores and The Pisenti Family Trust Agent: Paul Flores Planning Area: Greater Monterey Peninsula Area Plan Flagged and staked: No Zoning Designation: Rural Density Residential, 10 acres per unit with Urban Reserve and Design Control overlay districts (RDR/10-UR-D) CEQA Action: Categorically Exempt per Section 15304 Department: RMA - Planning Department RECOMMENDATION: Staff recommends that the Minor Subdivision adopt a resolution (Exhibit B) to: 1) Find the project categorically exempt from environmental review pursuant to Section 15304 of the CEQA Guidelines; and 2) Approve PLN100560, based on the findings and evidence and subject to the conditions of approval (Exhibit B). PROJECT OVERVIEW: The subject properties are located at 564 and 577 Monhollan Road within the unincorporated area of Monterey, east of Highway 1. Assessor's Parcel Number 103-071-002-000 (Parcel No. 1) is improved with a single family dwelling and septic system and Assessor's Parcel Number 103-071- 019-000 (Parcel No. 2) contains two wells; Well #1, which currently serves Parcel No. 1 and Well #2, which was drilled in 2010. As a result of the lot line adjustment, the single family dwelling, septic system, and Well #1 will be located on Parcel 1 and Well #2 will remain on Parcel No. 2. The project was originally scheduled for an Administrative hearing on February 16, 2011. Staff received correspondence from a neighboring property owner (see Exhibit C) requesting that the item be rescheduled for a public hearing. The neighboring property owner claimed that the lot line adjustment would alter the existing water supply (see Exhibit B, Finding No. 1, Evidence f). Therefore, consistent with Section 19.09.005.H.3 of the Monterey County Subdivision Ordinance (Title 19), the project was rescheduled for the June 9, 2011 Minor Subdivision Hearing. Not as part of a requirement of the Lot Line Adjustment, but in response to the issues brought up by a neighboring property owner (David Beech), the applicant submitted a "72-Hour Constant Rate Well Pumping, Aquifer Recovery Test, and Pumping Impact Assessment for Flores/Pisenti Well #2" to the Environmental Health Bureau and provided a copy to the RMA-Planning Department. The report provides information relative to the construction of the well and the 72- hour pump test was a requirement for the Monterey Peninsula Water Management District Water Distribution System Permit. The report is not a requirement for the Lot Line Adjustment. Based on information contained within the report, it appears that the Beech well is not hydrogeologically-connected with the Flores/Pisenti wells. The recovery data for the Flores/Pisenti wells suggests that there was no groundwater level fluctuation/response observed in relation to other neighboring well pumping. If the Beech well and the Flores/Pisenti wells Flores (PLN100560) Page 1

were hydrogeologically-connected, pumping of the Beech well would have been observed in the recovery data of both Flores/Pisenti wells. The Environmental Health Bureau has reviewed the project respective to well and septic facilities and identified no issues (see Exhibit B, Finding No. 3). Additional County agencies such as Public Works, Water Resources, and the Cypress Fire Protection District have reviewed the project and have recommended approval. California Environmental Quality Act (CEQA) Guidelines exempt minor alterations to land and no unusual circumstances were identified to exist on the property or for the proposed project. Therefore, the project is found to be categorically exempt from environmental review pursuant to CEQA Guidelines Section 15304. Based on resource information contained in the 2010 Monterey County General Plan, the Greater Monterey Peninsula Area Plan, the Monterey County Zoning Ordinance (Title 21), the Monterey County Subdivision Ordinance (Title 19), the Monterey County Geographic Information System, application materials and site visits, staff finds that this project has no issues remaining. OTHER AGENCY INVOLVEMENT: The following agencies and departments reviewed this project: RMA - Public Works Department -4 Environmental Health Bureau -4 Water Resources Agency Cypress Fire Protection District Agencies that submitted comments are noted with a check mark (".q"). Conditions recommended by the RMA - Public Works Department have been incorporated into the Condition Compliance/Mitigation Monitoring and Reporting Plan attached as Exhibit 1 to the draft resolution (Exhibit B). The project was not referred to the Greater Monterey Peninsula Land Use Advisory Committee (LUAC) for review. Based on the LUAC Procedure guidelines adopted by the Monterey County Board of Supervisors per Resolution No. 08-338, this application did not warrant referral to the LUAC because the project is except from environmental review. Note: The decision on this project is appealable to the Board of Supervisors. a V. Quenga, A ssociate Planner (831) 755-5175, quengaav@co.monterey.ca.us June 22, 2011 cc: Front Counter Copy; Minor Subdivision Committee; Cypress Fire Protection District; Public Works Department; Environmental Health Bureau; Water Resources Agency; Laura Lawrence, Planning Services Manager; Anna V. Quenga, Project Planner; Carol Allen, Senior Secretary; Andres Joseph Flores, Owner; Pisenti Family Trust, Owner; Paul Flores, Agent; David Beech, Neighboring Property Owner; Molly Erickson; Planning File PLN100560. Flores (PLN100560) Page 2

Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Project Data Sheet Resolution Exhibit 1 Recommended Conditions of Approval Exhibit 2 Proposed Lot Line Adjustment Map Project Correspondence Vicinity Map This report was reviewed by Laura Lawrenc ervices Manager Flores (PLN100560) Page 3

EXHIBIT A Project Data Sheet for PLN100560 Project Title: FLORES Location: 564 AND 577 MONHOLLAN RD Primary APN: 103-071-002-000 AND 103- CARMEL 071-019-000 Applicable Plan: GREATER MONTEREY PENINSULA AREA PLAN Coastal Zone: NO Permit Type: LOT LINE ADJUSTMENT Zoning: RDR/10-UR-D Environmental Status: EXEMPT PER 15304 Plan Designation: RURAL DENSITY RESIDENTIAL Advisory Committee: GREATER MONTEREY PENINSULA LUAC Final Action Deadline (884): 03/21/2011 Project Site Data: Lot size: Existing Structures (SF): Proposed Structures (SF): Total SF: 5.72 AND 4.28 ACRES 1,079 SQ FT N/A 1,079 SQ FT Coverage Allowed: 25% Coverage Proposed: N/A Height Allowed: 30' Height Proposed: N/A Floor Area Ratio Allowed: Floor Area Ratio Proposed: N/A N/A Resource Zones and Reports: Environmentally Sensitive Habitat: NONE Erosion Hazard Zone: LOW Biological Report #: N/A Soils Report #: N/A Forest Management Rpt. #: N/A Archaeological Sensitivity Zone: MODERATE Geologic Hazard Zone: ITT Archaeological Report #: N/A Geologic Report #: N/A Fire Hazard Zone: N/A Traffic Report #: N/A Other Information: Water Source: WELL Sewage Disposal (method): SEPTIC Water Dist/Co: N/A Sewer District Name: N/A Fire District: CYPRESS FPD Total Grading (cubic yds.): N/A Tree Removal: N/A Flores (PLN100560) Page 4

EXHIBIT B DRAFT RESOLUTION Before the Minor Subdivision Committee in and for the County of Monterey, State of California In the matter of the application of: Flores (PLN100560) RESOLUTION NO. Resolution by the Monterey County Minor Subdivision Committee: 1) Finding the project categorically exempt from environmental review pursuant to Section 15304 of the CEQA Guidelines; and 2) Approving the Lot Line Adjustment of an equal exchange between two legal lots of record, Parcel 1 (5.72 acres), (Assessor's Parcel Number 103-071-002-000) and Parcel 2 (4.28 acres), (Assessor's Parcel Number 103-071-019-000), respectively. (PLN100560), Joseph Andres Flores and the Pisenti Family Trust, 564 and 577 Monhollan Road, Carmel, Greater Monterey Peninsula Area Plan (APN: 103-071-002-000 and 103-071-019-000) The Flores application (PLN100560) came on for public hearing before the Monterey County Minor Subdivision Committee on June 9, 2011. Having considered all the written and documentary evidence, the administrative record, the staff report, oral testimony, and other evidence presented, the Director of the RMA-Planning Department finds and decides as follows: FINDINGS 1. FINDING: CONSISTENCY The Project, as conditioned, is consistent with the applicable plans and policies which designate this area as appropriate for development. EVIDENCE: a) During the course of review of this application, the project has been reviewed for consistency with the text, policies, and regulations in: the Monterey County General Plan, - Greater Monterey Peninsula Area Plan, Monterey County Zoning Ordinance (Title 21), and - Monterey County Subdivision Ordinance (Title 19) No conflicts were found to exist. No communications were received during the course of review of the project indicating any inconsistencies with the text, policies, and regulations in these documents. b) The properties are located at 564 and 577 Monhollan Road, Carmel (Assessor's Parcel Numbers 103-071-002-000 and 103-071-019-000), Greater Monterey Peninsula Area Plan. The parcel is zoned Rural Density Residential, 10 acres per unit with an Urban Reserve and Flores (PLN100560) Page 5

Flores (PLN100560) Design Control overlay districts (RDR/10-UR-D), which allows lot line adjustments of equal exchange. Therefore, the project is an allowed land use for this site. c) Pursuant to Section 21.50.030 of the Monterey County Zoning Ordinance [Urban Reserve (UR)], uses on lands within a UR zoning district are permitted provided those uses are permitted within the district combined with the UR district. The proposed lot line adjustment is an allowed use in the RDR district (see preceding Evidence b) and therefore is an allowed us in the UR district. d) The project planner conducted a site inspection on October 25, 2010 to verify that the project on the subject parcel conforms to the plans listed above. e) One of the subject properties (Assessor's Parcel Number 103-071-019-000) is under the minimum building site required by Section 21.16.060.A of the Monterey County Zoning Ordinance; therefore it is considered to be legal non-conforming. It is Monterey County's policy to allow lot line adjustments between four or fewer legal lots of record, which are non-conforming as to minimum building site, as long as the resulting lots are compatible with, and do not obstruct, the objectives and policies of zoning and the applicable plans. The proposed lot line adjustment will result in an equal exchange. This will not create a situation where either would become unbuildable or inconsistent with the character of the neighborhood. In addition, the lot line adjustment is found to be consistent with General Plan Policy No. LU-1.16 as the lots do not conform to the minimum parcel size but will result in the relocation of the Well #1 to Parcel #1, which it currently serves. f) General Plan Policy No. LU-1.15 states that lot line adjustments that may compromise the location of well, on-site wastewater systems or envelopes should not be approved. Although the lot line adjustment will result in Well #1 being relocated onto Parcel #1, there is no indication that this will compromise the well. In fact, there will be no change in the use of the well as it is currently serving the single family dwelling located on Parcel #1. There will be no change to Well #2, as it is currently on Parcel #2 and will remain on Parcel #2. g) General Plan Policy No. PS-3.1 does not apply to the project because the lot line adjustment is not a discretionary permit as Government Code 66412 limits review and restricts ability to impose conditions for LLA, except to conform to County zoning and building ordinances or to facilitate the relocation of existing utilities, infrastructure, or easements. As a result of the proposed lot line adjustment, the parcels better conform to county standards as Well #1 will be relocated to the parcel it currently serves (see previous Evidence f), eliminating the need for a water system. h) The subject property is within the sphere of influence of the City of Monterey and contains an Urban Reserve zoning designation. Pursuant to Section 21.50.030 of the Monterey County Zoning Ordinance, the application shall be referred to the appropriate city for review. Project materials were received by the City of Monterey for review and a response to the County was emailed on June 14 th. The city had no comments on the proposed lot line adjustment. i) The project was originally scheduled for an Administrative hearing on Page 6

February 16, 2011. Subsequent to public notice, a neighboring property owner has requested the project be heard at a public hearing, claiming that the lot line adjustment "...alters the water supply, by removing the older Well #1 from Parcel #2 (103-071-019-000) to Parcel 1 (103-071- 002-000), thus leaving Parcel #2 totally dependent on the recent Well #2." The letter continues to state that the test data for Well #2 appears "to indicate that it alone is barely a sustainable source." In addition, the neighbor contends that their own well ran dry during the tests for Well #2 in October 2010. Therefore, consistent with Section 19.09.005.H.3 of the Monterey County Subdivision Ordinance (Title 19), the project was rescheduled for the June 9, 2011 Minor Subdivision Hearing. j) The project was not referred to the Greater Monterey Peninsula Land Use Advisory Committee (LUAC) for review. Based on the LUAC Procedure guidelines adopted by the Monterey County Board of Supervisors per Resolution No. 08-338, this application did not warrant referral to the LUAC because the project is except from environmental review. k) The application, project plans, and related support materials submitted by the project applicant to the Monterey County RMA - Planning Department for the proposed development found in Project File PLN100560. 2. FINDING: SITE SUITABILITY - The site is physically suitable for the use proposed. EVIDENCE: a) The project has been reviewed for site suitability by the following departments and agencies: RMA - Planning Department, Cypress Fire Protection District, Public Works, Environmental Health Bureau, and Water Resources Agency. There has been no indication from these departments/agencies that the site is not suitable for the proposed development. Conditions recommended have been incorporated. b) The proposed project was reviewed relative to resource material (Greater Monterey Peninsula Area Plan, the Monterey County Geographic Information System) no potential impacts caused by the project were identified. In addition the proposed project is found to be exempt from environmental review (See Finding No. 5). Therefore, no reports were required to be submitted as part of the lot line adjustment application. However, in response to the issues brought up by a neighboring property owner (see Finding No. 1, Evidence f), the applicant submitted a "72-Hour Constant Rate Well Pumping, Aquifer Recovery Test, and Pumping Impact Assessment for Flores/Pisenti Well #2" to the Environmental Health Bureau and provided a copy to the RMA-Planning Department. The report provides information relative to the construction of the well and the 72-hour pump test was a requirement for the Monterey Peninsula Water Management District Water Distribution System Permit. The report is not a requirement for the Lot Line Adjustment. c) Staff conducted a site inspection on October 25, 2010 to verify that the site is suitable for this use. d) The application, project plans, and related support materials submitted by the project applicant to the Monterey County RMA - Planning Department for the proposed development found in Project File Flores (PLN100560) Page 7

PLN100560. 3. FINDING: HEALTH AND SAFETY - The establishment, maintenance, or operation of the project applied for will not under the circumstances of this particular case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. EVIDENCE: a) The project was reviewed by Cypress Fire Protection District, Public Works, Environmental Health Bureau, and Water Resources Agency. The respective departments/agencies have recommended conditions, where appropriate, to ensure that the project will not have an adverse effect on the health, safety, and welfare of persons either residing or working in the neighborhood. b) Necessary public facilities are available. Once adjusted, both properties will have existing wells and Assessor's Parcel Number 103-071-002-000 contains a single family dwelling. The lot line adjustment will not result in the increase of development potential where additional wells will be required. The Environmental Health Bureau has reviewed the project respective to well and septic facilities and identified no issues. c) In response to the issues brought up by a neighboring property owner (see Finding No. 1, Evidence f), the applicant submitted a "72-Hour Constant Rate Well Pumping, Aquifer Recovery Test, and Pumping Impact Assessment for Flores/Pisenti Well #2" which provides information relative to the construction of the well and the 72-hour pump test was a requirement for the Monterey Peninsula Water Management District Water Distribution System Permit. The report provides information relative to the construction of the well. The report is not a requirement for the Lot Line Adjustment. This report analyzed the adequacy of Well #2's service of Parcel #2 containing a single family dwelling with a total water demand of 1.27 of/yr. Based on the data obtained through testing and analysis, the report concludes that well exceeds the Monterey Peninsula Water Management District's requirements for a single parcel Water Distribution System permit, the Monterey County Environmental Health Bureau requirements for a single connection Water System Permit, and that there are "no significant cumulative offsite impacts to neighboring wells during continuous pumping of the well at the dry season demand." Furthermore, based on information contained within the report, it appears that the Beech well is not hydrogeologically-connected with the Flores/Pisenti wells. The recovery data for the Flores/Pisenti wells suggests that there was no groundwater level fluctuation/response observed in relation to other neighboring well pumping. If the Beech well and the Flores/Pisenti wells were hydrogeologically-connected, pumping of the Beech well would have been observed in the recovery data of both Flores/Pisenti wells. With or without the Lot Line Adjustment, Well #2 will remain on Parcel #2. d) Preceding finding Nos. 1 and 2 and subsequent Finding Nos. 5, 6, 7, and 8. Flores (PLN100560) Page 8

4. FINDING: NO VIOLATIONS - The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision, and any other applicable provisions of the County's zoning ordinance. No violations exist on the property. EVIDENCE: a) Staff reviewed Monterey County RMA - Planning Department and Building Services Department Monterey County records and is not aware of any violations existing on subject property. b) Staff conducted a site inspection on October 25, 2010 and researched County records to assess if any violation exists on the subject property. c) There are no known violations on the subject parcel. d) The application, plans and supporting materials submitted by the project applicant to the Monterey County Planning Department for the proposed development are found in Project File PLN100560. 5. FINDING: CEQA (Exempt): - The project is categorically exempt from environmental review and no unusual circumstances were identified to exist for the proposed project. EVIDENCE: a) California Environmental Quality Act (CEQA) Guidelines Section 15304, categorically exempts minor alterations to land. The lot line adjustment includes an equal exchange of acreage between the two properties and will not result in an intensification of development potential. b) CEQA Guidelines Section 15300.2 lists exceptions to categorical exemptions. None of the exceptions can be made because the project will not impact an environmental resource of hazardous or critical concern; the lot line adjustment will not create a cumulative impact; the project does not have any unusual circumstance; the project will not result in the damage of a scenic resource; the subject property is not a hazardous waste site; nor are there historical resources on the property which will be affected by the lot line adjustment. Therefore, the proposed project is exempt from environmental review. c) No adverse environmental effects were identified during staff review of the development application during a site visit on October 25, 2010. d) See preceding and following findings and supporting evidence. 6. FINDING: - - LOT LINE ADJUSTMENT - Section 66412 of the California Government Code (Subdivision Map Act) Title 19 (Subdivision Ordinance) of the Monterey County Code states that lot line adjustments may be granted based upon the following fmdings: 1. The lot line adjustment is between two (or more) existing adjacent parcels; 2. A greater number of parcels than originally existed will not be created as a result of the lot line adjustment; 3. The parcels resulting from the lot line adjustment conforms to the County's general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. EVIDENCE: a) The parcel is zoned "RDR/10-UR-D" Rural Density Residential (10 acre per unit), with an Urban Reserve and Design Control overlay districts. b) The project area has a total of 10 acres and the proposed adjustment includes an equal exchange result in no net loss or gain in acreage Flores (PLN100560) Page 9

between the two parcels. c) Pursuant to Government Code Section 66412 (Subdivision Map Act) and Monterey County Subdivision Ordinance (Section 19.09.005) the lot line adjustment is between two or more existing adjacent parcels. The two properties are located north of Monhollan Road in between Jacks Peak Road and Aquajito Road and share eastern and western property lines. d) The subject properties are legal lots of record. In 1998 a lot line adjustment (Planning File No. PLN980171) was approved between the properties and an adjacent property (not involved in the proposed lot line adjustment) directly south. The 1998 lot line adjustment resulted in the merger of the subject properties as one 10 acre lot. Subsequent to the lot line adjustment (in 2002), the County issued an Unconditional Certificate of Compliance (File No. 00020022) pursuant to Section 66499.35 of the Government Code for Assessor's Parcel Number 103-071-002-000. The Unconditional Certificate of Compliance identified Assessor's Parcel Number 103-071-002-000 as it is configured today and created Assessor's Parcel Number 103-071-019-000 as a remaining separate piece. e) Pursuant to Government Code Section 66412 (Subdivision Map Act) and Monterey County Subdivision Ordinance (Section 19.09.025) a greater number of parcels than originally existed will not be created as a result of the lot line adjustment. The lot line adjustment will not create a greater number of parcels than originally existed. Two contiguous separate legal parcels of record will be adjusted and two contiguous separate legal parcels of record will result from the adjustment. No new parcels will be created. f) Assessor's Parcel Number 103-071-019-000 is under the minimum building site required by Section 21.16.060.A of the Monterey County Zoning Ordinance; therefore it is considered to be legal nonconforming. It is Monterey County's policy to allow lot line adjustments between four or fewer legal lots of record, which are nonconforming as to minimum building site, as long as the resulting lots are compatible with, and do not obstruct, the objectives and policies of zoning and the applicable plans. The proposed lot line adjustment will result in an equal exchange. This will not create a situation where either would become unbuildable or inconsistent with the character of the neighborhood. g) Necessary public facilities are available. After the adjustment, both properties will have existing wells and Assessor's Parcel Number 103-071-002-000 contains a single family dwelling. The lot line adjustment will not result in the increase of development potential were additional wells will be required. The Environmental Health Bureau has reviewed the project respective to well and septic facilities and identified no issues. h) A 60-foot road right of way and utility easement straddles the southern lot line of Assessor's Parcel Number 103-071-002-000 and the northern lot line of Assessor's Parcel Number 103-071-019-000. The applicant proposes to abandon this easement. Access for both parcels will be provided by a County road, Monhollan Road, which fronts along the proposed southern property line of both properties. Flores (PLN100560) Page 10

i) As an exclusion to the Subdivision Map Act, no map is recorded for a Lot Line Adjustment. In order to appropriately document the boundary changes, a Certificate of Compliance for each new lot is required per a standard condition (Condition No. 3) of approval in Exhibit 1. The Department of Public Works has also conditioned the project to require the applicant to file a Record of Survey (Condition No. 6). j) The project planner conducted a site inspection on October 25, 2010 to verify that the project would not conflict with zoning or building ordinances. k) The application, plans and supporting materials submitted by the project applicant to the Monterey County Planning Department for the proposed development are found in Project File PLN100560. 7. FINDING: APPEALABILITY - The decision on this project may be appealed to the Board of Supervisors EVIDENCE: Section 19.16.020.A Monterey County Subdivision Ordinance (Board of Supervisors). DECISION NOW, THEREFORE, based on the above findings and evidence, the Minor Subdivision Committee does hereby: A. Finds the project categorically exempt from environmental review pursuant to Section 15304 of the CEQA Guidelines; and B. Approves the Lot Line Adjustment of an equal exchange between two legal lots of record, Parcel 1 (5.72 acres), (Assessor's Parcel Number 103-071-002-000) and Parcel 2 (4.28 acres), (Assessor's Parcel Number 103-071-019-000), respectively, in general conformance with the attached sketch (Exhibit 2) and subject to the conditions (Exhibit 1), both exhibits being attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 30th day of June, 2011 upon motion of, by the following vote:, seconded by AYES: NOES: ABSENT: ABSTAIN: COPY OF THIS DECISION MAILED TO APPLICANT ON THIS APPLICATION IS APPEALABLE TO THE BOARD OF SUPERVISORS. Jacqueline Onciano, Minor Subdivision Committee Secretary IF ANYONE WISHES TO APPEAL THIS DECISION, AN APPEAL FORM MUST BE COMPLETED AND SUBMITTED TO THE CLERK TO THE BOARD ALONG WITH THE APPROPRIATE FILING FEE ON OR BEFORE Flores (PLN100560) Page 11

This decision, if this is the final administrative decision, is subject to judicial review pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. Any Petition for Writ of Mandate must be filed with the Court no later than the 90th day following the date on which this decision becomes fmal. NOTES 1. You will need a building permit and must comply with the Monterey County Building Ordinance in every respect. Additionally, the Zoning Ordinance provides that no building permit shall be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the permit granted or until ten days after the mailing of notice of the granting of the permit by the appropriate authority, or after granting of the permit by the Board of Supervisors in the event of appeal. Do not start any construction or occupy any building until you have obtained the necessary permits and use clearances from the Monterey County Planning Department and Building Services Department office in Salinas. 2. This permit expires 2 years after the above date of granting thereof unless construction or use is started within this period. Flores (PLN100560) Page 12

Monterey County Planning Department DRAFT Conditions of Approval/Mitigation Monitoring Reporting Plan PLN100560 Conditions of Approval and/or Mitigation Monitoring Measures Responsible Department Compliance or Monitoring Actions to be Performed 1. PDOOI - SPECIFIC USES ONLY This Lot Line Adjustment (PLN100560) allows an equal exchange between two legal Planning The Owner/Applicant shall adhere to conditions and lots of record, Parcel 1 (5.72 acres), (Assessor's Parcel Number 103-071-002-000) uses specified in the permit on an ongoing basis and Parcel 2 (4.28 acres), (Assessor's Parcel Number 103-071-019-000), unless otherwise stated. respectively. The property is located at 564 and 577 Monhollan Road, Carmel (Assessor6s Parcel Number 103-071-002-000 and 103-071-019-000), Greater Monterey Peninsula Area Plan. This permit was approved in accordance with County ordinances and land use regulations subject to the terms and conditions described in the project file. 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 the RMA - Planning Department. Any use or construction not in 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. To the extent that the County has delegated any condition compliance or mitigation monitoring to the Monterey County Water Resources Agency, the Water Resources Agency shall provide all information requested by the County and the County shall bear ultimate responsibility to ensure that conditions and mitigation measures are properly fulfilled. (RMA - Planning Department) 2. PD002 - NOTICE PERMIT APPROVAL The applicant shall record a Permit Approval Notice which states: "A permit Planning Prior to the issuance of grading and building permits (Resolution ###) was approved by the Director of the RMA-Planning Department for or commencement of use, the Owner/Applicant shall Assessor's Parcel Number 103-071-002-000 and 103-071-019-000 on June 30, 2011. provide proof of recordation of this notice to the RMA The permit was granted subject to 6 conditions of approval which run with the land. A - Planning Department. copy of the permit is on file with the Monterey County RMA - Planning Department." Proof of recordation of this notice shall be furnished to the Director of the RMA - Planning Department prior to issuance of building permits or commencement of the use. (RMA - Planning Department) 3. PD045 - COC (LOT LINE ADJUSTMENTS) PLN100560 Print Date: 6/23/2011 3:33:14PM Page 1 of 2

Conditions of Approval and/or Mitigation Monitoring Measures Responsible Department Compliance or Monitoring Actions to be Performed The applicant shall request unconditional certificates of compliance for the newly Planning Concurrent with recording the Record of Survey, the configured parcels. Owner/Applicant/Surveyor shall submit legal (RMA - Planning Department) descriptions for each newly configured parcel as prepared by the Surveyor. The legal descriptions shall be entitled "Exhibit A." The legal description shall comply with the Monterey County Recorder's guidelines as to form and content. The Applicant shall submit the legal descriptions with a check, payable to the Monterey County Recorder, for the appropriate fees to record the certificates. 4. PD032(A) - PERMIT EXPIRATION The permit shall be granted for a time period of 2 years, to expire on June 30, 2013 Planning Prior to the expiration date stated in the condition, the unless use of the property or actual construction has begun within this period. Owner/Applicant shall obtain a valid grading or (RMA-Planning Department) building permit and/or commence the authorized use to the satisfaction of the Director of Planning. Any request for extension must be received by the Planning Department at least 30 days prior to the expiration date. 5. PW0034 - LOT LINE ADJUSTMENT Obtain a survey of the new line and have the line monumented. (Public Works) Pub Works Prior to filing the Record of Survey, the owner shall have a surveyor monument the new lines. Evidence of completion of monumentation shall be submitted to DPW for review and approval. 6. PW0035 - RECORD OF SURVEY File a Record of Survey showing the new line and it's monumentation. (Public Works) Pub Works Owner's Surveyor to. prepare record of survey and submit to DPW for review and approval. PLN100560 Print Date: 6/23/2011 3:33:14PM Page 2 of 2

LEGEND: [ LINE i0 EE RENOVEO NEINUSIED. PESPEEL LINE 'PROPERTY LINE U.L61110:0UTEINE GIIOUNDELVEE GE EL E.AVS.SNE'.. ELLEN.. ISERE OE V / CASENf AS NOTED

EXHIBIT C 1 555 Marto Road Monterey CA 93940 Monterey County RlvlA - attention Anna V. yuenga February 15, 2011 Re: file #??LN1605666 OBJECTION TO Appiicatun for Lot Line Adjustment Together with Mr. Joseph Anastasia, who owns the properties at 1432 Manor Road and 1435 Manor Road that adjoin the lots involved in the above application, we wish to raise an objection to the proposed adjustment, and request a public hearing. We apologize for having been unable to submit the objection earlier, as we were out of town for three weeks and the intbrmation we needed about the recent Well #2 was not available before we left. Our concern is that a major effect of the lot line adjustment is not cosmetic, but alters the water supply, by removing the older Well #1 from Parcel #2 (103-071-019-000) to Parcel #i (103-071-002-000), thus leaving Parcel #2 'Orally dependent on the recent Well #2. The test data for Well. #2 appear to indicate that it. alone is barely a sustainable source, with a 72-hour drawdown resulting in a fall of 8.71 it., and a post recovery now of 3.03 gpm, where the minimum requirement is 3.0 gpm. Moreover, at about the time the tests on Well #2 were being-performed in October 2010, our own well, lower down the hillside, ran dry for approximately,tnree days. Our well also supplies Mr. Anastasia's two properties, and has not previously run short at that time of the year in the ten years we have been here. Hence we request that the application #PLN 100560 for lot line adjustment be denied, so that the Parcel #2 retains Well #1 and does not need to draw so heavily from Well 42 as to "be detrimental to the... general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood...y (Health and Safety provisions) Respectfully submitted, vc(yj Thosk in J K y ^ and.is^a. David v i4 Beech i,ar^.3ci

GREATER MONTEREY-PENINSULA APN: 103-071-002-000 & 103-071-019-000