SRMSa PLN070032 public comment

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999999 MONTEREY COUNTY MINOR SUBDIVISION COMMITTEE Meeting: November 13, 2008 Time: 9:25 am Agenda Item No.: 3 Project Description: Minor Subdivision Vesting Tentative Map to allow the subdivision of one 7.35-acre parcel into four 1.0 acre parcels and one 3.35-acre remainder parcel. Project Location: North Highway 101 between APN: 125-211-001-000 Moro Road and Highway 101, Salinas Planning File Number: PLN070032 Name: David H. Freeman TR, Property Owner Plan Area: North County Area Plan Flagged and staked: No Zoning Designation: Low Density Residential, 1 acre per unit (“LDR/1”) CEQA Action: Mitigated Negative Declaration Department: RMA - Planning Department RECOMMENDATION: Staff recommends that the Minor Subdivision Committee: a) Adopt the Mitigated Negative Declaration (Exhibit H); and b) Approve the Minor Subdivision based on the Findings and Evidence (Exhibit C) and subject to recommended conditions and the adoption of the Mitigation Monitoring and/or Reporting Program (Exhibit D). PROJECT OVERVIEW: The project site is located in the unincorporated Prunedale area, approximately 10 miles north of the City of Salinas. Anticipated residential build out of the subdivision would be five single-family dwellings (SFDs); four single-family dwellings on each of the four l-acre lots and one on the remainder parcel of 3.35 acres. An Initial Study examining the project’s potential environmental impacts was prepared and circulated for ...

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  MONTEREY COUNTY MINOR SUBDIVISION COMMITTEE Meeting:November 13, 2008Time:9:25 amAgenda Item No.:3 Project Description:   Minor Subdivision Vesting Tentative Map to allow the subdivision of one 7.35-acre parcel into four 1.0 acre parcels and one 3.35-acre remainder parcel.   Project LocationrohtH giwhya1 10 Sali01, na : s  N   between APN:125-211-001-000   Moro Road and Highway 1 Planning File Number:PLN070032Name:David H. Freeman TR, Property Owner Plan Area:North County Area PlanFlagged and staked:No Zoning Designation:Low Density Residential, 1 acre per unit (“LDR/1”)  CEQA Action:Mitigated Negative Declaration   Department: RMA - Planning Department   RECOMMENDATION:   Staff recommends that the Minor Subdivision Committee: a)   Adopt the Mitigated Negative Declaration (Exhibit H); and b)   Subdivision based on the Findings and EvidenceApprove the Minor (Exhibit C)and subject to recommended conditions and the adoption of the Mitigation Monitoring and/or Reporting Program (Exhibit D).   PROJECT OVERVIEW:   The project site is located in the unincorporated Prunedale area, approximately 10 miles north of the City of Salinas. Anticipated residential build out of the subdivision would be five single- family dwellings (SFDs); four single-family dwellings on each of the four l-acre lots and one on the remainder parcel of 3.35 acres. An Initial Study examining the project’s potential environmental impacts was prepared and circulated for public review. The study identified potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Geology/Soils, Hydrology/Water Quality, Noise, Transportation/Traffic and Utilities/Service System. The Initial Study identifies mitigation measures which are recommended as conditions of approval to reduce impacts to a less than significant level. Please seeExhibit B, Discussion, for additional analysis.   The project as described, conditioned, and mitigated is consistent will all applicable County of Monterey policies and regulations and the property’s land use and zoning designations. No unusual circumstances, unresolved issues, or adverse environmental impacts were identified during project review.   OTHER AGENCY INVOLVEMENT: 9   Water Resources Agency   9   Parks Department   9   Environmental Health Division 9   Housing and Redevelopment Agency   9   Public Works Department   9   North County Fire Protection District   The above checked agencies and departments have reviewed this project. Conditions recommended by all of these agencies and departments have been incorporated into the Condition Compliance and Mitigation Monitoring Reporting Plan(Exhibit D).   LAND USE ADVISORY COMMITTEE REVIEW:   The project was reviewed by the North County Land Use Advisory Committee (LUAC) on September 5, 2007. While the committee expressed concerns regarding water, Fire Department

  approval, road usage, and access, the Committee recommended approval of the project with a 4 to 3 vote with two members absent. The minutes are attached asExhibit G.     Note:    is appealable to the Board of Supervisors.The decision on this project     _________________________________________   Elisa Manuguerra, Associate Planner [phone], [e-mail] November 6, 2008   cc: Front Counter Copy; Minor Subdivision Committee Members; Public Works; Water Resources Agency; Environmental Health; Parks Department; Housing and Redevelopment; North County Fire Protection District; Gail Hatter-Crawford, Lombardo & Gilles, Agent; David H. Freeman TR, Property Owner; Larry Blevins; Agent; Luis Osorio, Planning Services Manager; Elisa Manuguerra, Project Planner; Project File PLN070032.   Attachments: Exhibit A Project Data Sheet  Exhibit B Project Overview  Exhibit C Recommended Findings and Evidence  Exhibit D Recommended Conditions of Approval and Mitigation Monitoring and Reporting Program  Exhibit E Vicinity Map  Exhibit F Vesting Tentative Parcel Map  Exhibit G LUAC Minutes  Exhibit H Mitigated Negative Declaration  Exhibit I Comment Letter from MBUAPCD  Exhibit J Noise Study   This report was reviewed by Luis Osorio, Planning Services Manager

 

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  EXHIBIT B PROJECT OVERVIEW   Project Description and Setting The proposed project is an application for a minor subdivision of a 7.35-acre parcel into four 1.0- acre parcels and a remainder parcel of 3.35 acres. The project site is located in the Prunedale, approximately 10 miles north of the City of Salinas. The property is located between Moro Road, Highway 101, and Tustin Road (Assessor’s Parcel Number 125-211-001-000). The project site is bordered by Moro Road to the northwest, Tustin Road to the southeast and Highway 101 to the southwest. See Figure 1. Aerial Photo below and vicinity map attached asExhibit E.   Fi ure 1. Aerial o Freeman Pro ert

    This site is currently unimproved. The property contains a mixture of disturbed non-native grassland, coast live oak woodland, and central coastal scrub. These plant communities are considered to be in a disturbed state due to previous clearing and mowing of vegetation. At least 65 mature oak trees are located throughout the site which provides partial screening from the highway.   The land uses in the area are generally residential and commercial in nature. The project site is surrounded by residential land uses to the north, south (across the highway), east, and west sides. A manufacturing business is located to the southwest of the site across Highway 101. The majority of adjacent parcels are zoned low density residential, 1 or 2.5 acres per unit.   Future Development The anticipated build out of the subdivision would be the construction of five single-family dwellings (SFDs): four single-family dwellings on each of the four l-acre lots and one on the remainder parcel of 3.35 acres. It is anticipated that the property will be developed in a manner consistent with the Low Density Residential (LDR) zoning designation. Development of single- family dwellings on the created lots would not likely require subsequent Use Permits. The LDR zoning designation requires only a building permit for the construction of single family dwellings. A Use Permit would be required if the proposed residences involved the removal of three or more protected oak trees or development on slopes exceeding 30%. Considering the property’s topography and existing oak trees, the development of residences would not likely affect these resources to the extent that subsequent discretionary permits would be necessary.   Monterey County Subdivision Ordinance Compliance  1

  The project complies with development standards of the Subdivision Ordinance. The project has been reviewed for consistency with the provisions of Section 19.04.025.I of the Monterey County Subdivision Ordinance which requires the subdivision be denied if any one of the following findings is made: 1.   the tentative map is not consistent with the applicable General Plan, area plan, coastalThat land use plan or specific plan. 2.   proposed subdivision is not consistent with theThat the design or improvement of the General Plan, area plan, coastal land use plan or specific plan. 3.   is not physically suitable for the type of development.That the site 4.   That the site is not physically suitable for the proposed density of development. 5.   That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6.   or type of improvements is likely to cause serious publicThat the design of the subdivision health problems. 7.   That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the appropriate decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the decision-making body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 8.   That the subdivision fails to meet any of the requirements or conditions imposed by the Subdivision Map Act or this Title.   Staff has determined that none of these findings can be made for the Freeman Minor Subdivision proposal. Therefore, the project is consistent with the Monterey County Subdivision Ordinance.   Environmental Review An Initial Study and Mitigated Negative Declaration was prepared for the project,(Exhibit H) and circulated for public review from October 1, 2008 until October 30, 2008 pursuant to the requirements of the California Environmental Quality Act (CEQA). The Initial Study identified potentially significant impacts to Aesthetics, Air Quality, Biological Resources,   ology/SoGeli,s   Hydrology/Water Quality, Noise, Transportation/Traffic and Utilities/Service System. Mitigation measures are recommended to be incorporated as conditions of approval where standard conditions could not reduce impacts to a less than significant level (seeExhibit D) as follows:   •   Aesthetics:Given the proximity to State Highway 101, the proposed project has the potential to affect a scenic vista and degrade the existing visual character of the area due to additional sources of substantial light. To reduce impacts to aesthesis to a less than significant level Mitigation Measures No. 1, 2, and 3 requires the screening of proposed structures, maintenance of existing vegetation, and use unobtrusive lighting harmonious with the area. (Condition No. 49, 50, and 51) •   Air Quality:required to meet and maintain the 2004 CEQA AirThe proposed project is Quality Guidelines for the Monterey Bay Region as part of the state and federal ambient air quality standards within the North Central Coast Air Basin. In order to reduce impacts from traffic emissions to future residences, the applicant shall require installation of active mechanical indoor ventilation system in each new residential building constructed 2

 

 

 

on the project property; record a note on the final map notifying future property owners of the requirement to indoor ventilation system installation; and record a notice to be reflected within the deeds of each of the individual parcels disclosing these requirements. (Condition No. 52/Mitigation Measures No. 4) •   Biological Resources:A biological report prepared for the project by Ed Mercurio (LIB070364), dated July 25, 2007, found wetland habitat is present within a one-half mile radius of the property. To reduce impacts to biological resources as a result of the proposed residential development the following mitigation measures have been proposed: (1) a pre-construction survey shall be conducted by qualified biologist to determine the presence of the California Tiger Salamander, California Red-legged Frog and Migratory and Raptor Bird Species; and (2) that the applicant record a note on the final map stating that no more than one week prior to start of any grading or construction and prior to the issuance of a grading or building permit, a pre-construction survey shall be conducted by qualified biologist to determine the presence of the California Tiger Salamander, California Red-legged Frog and Migratory and Raptor Bird Species. (Condition No. 53, 54, and 55/Mitigation Measures No. 5, 6, and 7)   •   Geology and Soils:The proposed project has the potential to expose people or structures to seismic hazards. Condition No. 12 has been incorporated requiring the property owners record a notice on the property stating that a Geotechnical Report has been prepared for the project and that all development be in accordance with that report’s recommendations. Septic envelopes have been designated on the Vesting Tentative Map (Exhibit F) identifying areas appropriate for the installation of septic disposal systems. Condition No. 43 has been recommended by the Environmental Health Division requiring that the future property owners be notified of constraints relative to septic disposal system installation. With the implementation of these recommendations and county requirements, the erosion and seismic project-related impacts would be considered less than significant. •   Hydrology and Water Quality:The property is located within the boundaries of the Highlands South Hydrogeologic Subarea as described in the North Monterey County Hydrogeologic Study (Fugro West Inc., October 1995). It is also in the area of benefit of the Salinas Valley Water Project (“Zone 2C”)of the Monterey County Water Resources Agency. As a condition of approval, the Water Resources Agency requires the project site to be annexed to Zone 9 of the Salinas Valley Water Project. The Monterey County Flood Control and Water Conservation District will require the project to pay fees, per Ordinance 3062, to offset impacts from increased stormwater runoff to Zone 9 facilities (Condition No. 44). Additionally, Condition No. 47 requires the installation of stormwater detention to capture onsite stormwater runoff that would normally leave the area and allow it to percolate to groundwater in the location of the project as part of the building permit process. It is anticipated that this requirement would contribute to groundwater recharge efforts. •   Noise:The project site is directly adjacent to State Highway 101. The site is located within 70 Community Noise Equivalent Level (CNEL) contour according to the North County projected noise contours roadways map. The Monterey County General considers acceptable noise exposure for new residential structures to be 50 dBA CNEL or better. To reduce noise impacts to the anticipated residences located along the Highway 101 frontage from vehicular traffic on Highway 101, construction plans for proposed single family dwellings on the newly created parcels shall incorporate appropriate noise reducing measure (Condition No. 56/ Mitigation Measures No. 8). To reduce noise impacts from temporary construction activities measures are prescribed for implementation by Mitigation Measure No. 9 (Condition No. 57). 3

  •   Traffic:There is potential that the project would increase traffic flows in the area upon buildout of the lots. Incremental impacts to regional transportation and causing an increase in traffic flow levels are considered potentially significant. To mitigate for traffic impacts the applicant shall pay shall pay the project’s share for the Transportation Agency of Monterey County’s (TAMC) regional traffic mitigation fee of $64,850 for improvements to the regional circulation network (Condition No. 58/ Mitigation Measures No. 10) and contribute $23,888 to Monterey County Public Works Department for future improvements to the road ways of North County Area (Condition No. 59/ Mitigation Measures No. 11). •   Utilities and Public Services:A small four-connection water system is proposed for this project. The water system meets the standards of Monterey County Code Chapter 15.04, the county’s water system ordinance. The Environmental Health Division recommends the incorporation of Conditions No. 38, 39, and 40 requiring the applicants to apply for a water system permit and install a water system pursuant to county code.

  Comment Letters One comment letter was received from the Monterey Bay Unified Air Pollution Control District (MBUAPCD) prior to the close of the comment period. The letter, attached asExhibit I, identifies certain issues relative to future potential impacts to from vehicle emission to future residents of the residential parcels and consistency with the regional Air Quality Plan. Staff has been unable to contact the representatives from the Air District and AMBAG to address the comments contained within the letter. It is anticipated that these matters will be addressed at the hearing.   Conclusions Staff concludes that upon implementation of the conditions of approval and recommended mitigation measures the Minor Subdivision Vesting Tentative Map proposed for the Freeman property will not have a significant effect upon the environment.. No unusual circumstances, unresolved issues, or adverse environmental impacts were identified during project review. The project, as described and conditioned and mitigated, is consistent will all applicable County of Monterey policies and regulations.  

 

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  EXHIBIT C RECOMMENDED FINDINGS AND EVIDENCE   1.   FINDING: CONSISTENCY– The subject Minor Subdivision (PLN070032), as described in Condition No. 1 and as conditioned,   conforms   to the policies, requirements, and standards of the Monterey County General Plan, North County Area Plan, North County Area Plan Inventory and Analysis, Monterey County Subdivision Ordinance (Title 19), and the Monterey County Zoning Ordinance (Title 21), which designates this area as appropriate for residential development.  EVIDENCE: text, policies, and regulations in the above referenced documents have(a) The been evaluated during the course of review of applications. No conflicts were found to exist. No communications were received during the course of review of the project indicating any inconsistencies with the text, policies, and regulations in these documents. (b)   The property is located on North Highway 101 between Moro Road and Highway 101, Salinas (Assessor's Parcel Number 125-211-001-000), North County Non-Coastal Area. The parcel is zoned Low Density Residential, 1 acre per unit or “LDR/1”.The proposed parcel sizes comply with the size requirements of the land use and zoning designations and with all the rules and regulations pertaining to zoning uses and other applicable provisions of Title 21, and is therefore suitable for the proposed development.   (c)   The subdivision design is consistent with the Lot Design Standards of Section 19.10.030 of the Subdivision Ordinance in that minimum lot size, width, and depths have been provided, there are no double frontage lots, and to the extent practicable, the sidelines of lots run at right angles to the streets upon which the lots face. (d)   The project application requests a Minor Subdivision Vesting Tentative Map to subdivide a 7.35-acre parcel into four 1.0-acre parcels with a remainder parcel of 3.35 acres. It is anticipated that the property will be developed in a manner consistent with the Low Density Residential (LDR) zoning designation. Development of single-family dwellings on the created lots would not likely require subsequent Use Permits. The LDR zoning designation requires only a building permit for the construction of single family dwellings. A Use Permit would be required if the proposed residences involved the removal of three or more protected oak trees or development on slopes exceeding 30%. Considering the property’s topography and oak tree coverage, subsequent development applications would not likely affect these resources to the extent that subsequent discretionary permits would be necessary. (e)   a designated septic system envelope for development ofEach parcel has septic disposal systems. Chapter 15.20 of the Monterey County Code requires primary and secondary drainage fields be identified for new construction. The Environmental Health Division has reviewed the application and concluded that the proposed parcels can accommodate expansion of the septic systems within the designated septic envelope. Therefore, this application is consistent with the Monterey County Sewage Disposal Ordinance (Title 15.20). 1

 

 

(f) subject to Section 18.40.60 (Inclusionary Housing) thatThis application is requires subdivisions of 3 or more parcels to contribute to the Inclusionary Housing Program. See Finding No. 5. (g)   This application is subject to Section 19.12.010.E.2 of the Subdivision Ordinance (Quimby Act/Park Fees) that requires subdivisions of 50 parcels or less to pay a fee in lieu of land dedication. Condition No. 37 has been incorporated requiring the applicant to pay an in-lieu fee. (h)   The project was reviewed by the North County Land Use Advisory Committee (LUAC) on September 5, 2007. While the committee expressed concerns regarding water, Fire Department approval, road usage, and access, the Committee recommended approval of the project with a 4 to 3 vote with two members absent. The minutes are attached as Exhibit G to the November 13, 2008 Minor Subdivision Committee Staff Report. (i)   The project planner conducted a site inspection on February 8, 2007 and February 28, 2007 to verify that the project on the subject parcel conforms to the plans listed above. (j)   The application, project plans, and related support materials submitted by the project applicant to the Monterey County Resource Management Agency – Planning Department for the proposed development found in Project File PLN070032.   2.   FINDING: SITE SUITABILITY –The site is physically suitable for the proposed subdivision.  EVIDENCE: project has been reviewed for site suitability by the following(a) The departments and agencies: RMA - Planning Department, Fire Protection District, Parks Department, Public Works, Environmental Health Division, Water Resources Agency, and Housing & Redevelopment. There has been no indication from these departments/agencies that the site is not suitable for the proposed development. Conditions recommended by those agencies have been incorporated into the approval of the project.    (b)   The property is located on North Highway 101 between Moro Road and Highway 101, Salinas (Assessor's Parcel Number 125-211-001-000), North County Non-Coastal Area. The parcel is zoned Low Density Residential, 1 acre per unit or “LDR/1”.The proposed parcel sizes comply with the size requirements of the land use and zoning designations and with all the rules and regulations pertaining to zoning uses and other applicable provisions of Title 21, and is therefore suitable for the proposed development.    (c)   According to Monterey County Resource Maps, the parcel is located within an area of “high” archeological sensitivity. A Preliminary Archaeological Reconnaissance of Assessor’s Parcel Number 189-301- 002-000, dated May 28, 2007 was prepared by Archaeological Consulting   Inc,   (LIB070412)   to address potential impacts to cultural resources. Background searches revealed no previously recorded archaeological sites on the project site or the immediate vicinity. The report concludes that there was no evidence of historic period archaeological resources seen during the survey and recommends that the proposed project not be delayed for archaeological reasons. No significant project impacts are anticipated as a result of the minor subdivision. Condition No. 3 has been 2

 

 

 

incorporated requiring that work stop should any archeological resources or human remains be discovered during construction. (d)   the potential to expose people or structures toThe proposed project has seismic hazards however, these impacts are considered less than significant. A Geotechnical Soils-Foundation and Geological Hazards Report, dated July 2007 (LIB070362), was prepared by Grice Engineers, Inc. to address theses concerns. Future buildout of the project site would be required to be in conformance with the California Uniform Building Code, which contains regulations to protect structures within active or potentially active seismic areas. Condition No. 12 has been incorporated requiring the property owners record a notice on the property stating that a Geotechnical Report has been prepared for the project and that all development be in accordance with the report recommendations.   (e)   prepared for the project by GriceA Percolation and Groundwater Study Engineering (July 2007) identified the project site has having soil conditions that would adequately support the use of septic tanks. Each parcel has designated septic system envelope designated on the parcel map which is the area appropriate for the installation of septic disposal systems. The construction and operation of the system are required to conform to the recommendations given by Percolation and Groundwater Study and the requirements set forth the by the County of Monterey. Chapter 15.20 of the Monterey County Code requires primary and secondary drainage fields be identified for new construction. The Environmental Health Division and has reviewed the application and concluded that proposed parcels can accommodate expansion within the designated septic envelope. Condition No. 43 has been recommended by the Environmental Health Division requiring that the future property owners be notified of constraints relative to septic disposal system installation. Therefore, this application is consistent with the Monterey County Sewage Disposal Ordinance (Title 15.20).   (f)   The property is located within the boundaries of the Highlands South Hydrogeologic Subarea as described in the North Monterey County Hydrogeologic Study (Fugro West Inc., October 1995). It is also in the area of benefit of the Salinas Valley Water Project (“Zone 2C”) of the Monterey County Water Resources Agency. The addition of five single- family homes represents a negligible impact to this subbasin. Domestic water will be provided by the creation of a small water system to be served by an existing on-site well. Septic waste water will be processed on site by standard septic methods within the effluent dispersed in subsoils. As a condition of approval, the Water Resources Agency requires the project site to be annexed to Zone 9 of the Salinas Valley Water Project. The Monterey County Flood Control and Water Conservation District will require the project to pay fees, per Ordinance 3062, to offset impacts from increased stormwater runoff to Zone 9 facilities (Condition No. 44) Additionally, a condition of approval has been incorporated requiring stormwater detention facilities to capture onsite stormwater runoff that would normally leave the area and allow it to percolate to groundwater in the location of the project (Condition No. 47). It is anticipated that these requirements would facilitate a contribution to groundwater recharge efforts.

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(g) the Monterey County Geographic Information System andAccording to resource maps, the property is located in a Seismic Hazard V Zone (high). The site is also identified as having a high risk for liquefaction, landslides, and erosion. Geotechnical Soils-Foundation and Geoseismic Report for the Proposed Freeman Subdivision, dated July 2007, was prepared by Grice Engineering, Inc. (LIB070362) to account for these high hazards. Structures proposed on-site will be required to conform to the Uniform Building Code which contains regulations to protect structures within active or potentially active seismic areas.   (h)   a “high” fire hazard zone; the CaliforniaThe property is located within Department of Fire has recommended conditions of approval regarding fire safety through the installation and maintenance of: an emergency water supply and a fire hydrant/fire valve, vegetation/fuel disposal, fire sprinklers, 30-foot defensible space setback, smoke alarms, and roof construction (Condition No.s 17-30). (i)   The project site is directly adjacent to State Highway 101. The site is located within 70 Community Noise Equivalent Level (CNEL) contour according to the North County projected noise contours roadways map. The Monterey County General Plan (Table 6: Land Use Compatibility for Exterior Community Noise) considers the exposure of new residential structures to 70 CNEL noise contour area as normally unacceptable. Acceptable noise exposure for new residential structures is 50 dBA CNEL or better. The introduction of new residences on the property has the potential to expose persons to noise level in excess of standards established in general plan and local noise ordinance. An Environmental Noise Study (LIB080504) was prepared for the project by Charles M. Salter Associates Inc., dated September 11, 2008. Implementation of Condition No. 57 requires that the construction plans for proposed single family dwellings on the newly created parcels incorporate appropriate noise reducing measure to ensure that the project will be consistent with Normally Acceptable Noise Range I as established by the Monterey County General Plan. To reduce noise impacts to the anticipated residences located along the Highway 101 frontage from vehicular traffic on Highway 101, construction plans for proposed single family dwellings on the newly created parcels shall incorporate appropriate noise reducing measure (Condition No. 56/ Mitigation Measures No. 8). To reduce noise impacts from temporary construction activities measures are prescribed for implementation by Mitigation Measure No. 9 (Condition No. 57). (j)   is proposed for this project. TheA small four-connection water system results of the Source Capacity test indicated that the well yielded 15.5 gallons per minute (gpm), which is sufficient for this project and meets the standards of Monterey County Code Chapter 15.08. The water system meets the standards of Monterey County Code Chapter 15.04, the county’s water system ordinance. The four proposed lots will be served by the source well that meets state and county standards for potable water. The Environmental Health Division recommends the incorporation of Conditions No. 38, 39, and 40 requiring the applicants to apply for a water system permit and install a water system pursuant to county code. (k)   the North County Land Use AdvisoryThe project was reviewed by Committee (LUAC) on September 5, 2007. While the committee 4

 

expressed concerns regarding water, Fire Department approval, road usage, and access, they recommended approval of the project with a 4 to 3 vote with two members absent. The minutes are attached as Exhibit G to the November 13, 2008 Minor Subdivision Committee Staff Report. (l)   Staff conducted a site visit on February 8, 2007 and February 28, 2007 to verify that the site is suitable for this use.    (m)   The application, project plans, and related support materials submitted by the project applicant to the Monterey County Resource Management Agency – Planning Department for the proposed development found in Project File PLN070032.    3.   FINDING: SUBDIVISION ORDINANCE (TITLE 19) –Section 66474.61 of the Subdivision Map Act and Section 19.04.025.I of Monterey County Code (Subdivision Ordinance) requires that a subdivision be denied if any one of the following findings are made: 1.   tentative map is not consistent with the applicable GeneralThat the Plan, area plan, coastal land use plan or specific plan. 2.   the design or improvement of the proposed subdivision is notThat consistent with the General Plan, area plan, coastal land use plan or specific plan. 3.   is not physically suitable for the type of development.That the site 4.   suitable for the proposed density ofThat the site is not physically development.  5.   the design of the subdivision or the proposed improvements areThat likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6.   That the design of the subdivision or type of improvements is likely to cause serious public health problems. 7.   of the subdivision or the type of improvements willThat the design conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the appropriate decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the decision-making body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 8.   That the subdivision fails to meet any of the requirements or conditions imposed by the Subdivision Map Act or this Title. (Ord. 3797, 1994) EVIDENCE: staff (a) Planninghas analyzed the project against the findings for denial outlined in this section. The map and its design and improvements are consistent with the Monterey County General Plan and the North County Area Plan. The site has been determined to be physically suitable for the type and density of development. No specific plan is applicable to this area. (See Findings 1, 2, and 3)

 

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