planning commission county of monterey, state of … · 2017-08-15 · .planning commission county...

.PLANNING COMMISSIONCOUNTY OF MONTEREY, STATE OF CALIFORNIA

RESOLUTION NO . 0801 1

A. P. # 009-422-023-000

FINDINGS AND DECISIO NIn the matter of the application o fLon & Morley Moellentine (PLN040581)

WHEREAS: The Planning Commission, pursuant to regulations established by local ordinance and state law, ha sconsidered, at public hearing, a Combined Development Permit, consisting of: 1) a Coastal AdministrativePermit and Design Approval to demolish an existing 2,704 square foot single family residence and 426 square foo tgarage (3,130 square feet total), construction of a new 5,167 square foot, 3-level single family residence with a1,498 square foot subterranean garage, grading (400 cubic yards cut) ; 2) a Variance to reduce a reverse corner sidesetback from 5 feet to 3 feet along a private easement ; 3) a Variance to reduce a front setback from 20 feet to 1 6feet along Scenic Road; and 4) a Coastal Development Permit to allow development within 750 feet of a narchaeological site. The proposed residence habitable space is split between 3,229 sq. ft . above grade and 1,938 sq.ft . below grade, at the garage level . The property is located at 26195 Scenic Road, Cannel, Coastal Zone, an dcame on regularly for hearing before the Planning Commission on March 12, 2008 .

WHEREAS: Said Planning Commission, having considered the application and the evidence presented relatin gthereto,

FINDINGS OF FACT

1 . FINDING: CONSISTENCY —The project, as proposed, conforms to the policies, requirements andstandards of the Monterey County General Plan, and the Monterey County Zoning Ordinance ,Title 20, or the policies of the Carmel Area Land Use Plan, and Implementation Plan . Theproject is consistent as it designates this area as appropriate for residential development .

EVIDENCE:

-(a) The text, policies, and regulations in the above referenced documents have been evaluate d

during the course of review of applications . There are no conflicts with neighbors andcommunications were not received during the course of review of the revised projectindicating possible inconsistencies with the text, policies, and regulations in these documents .

(b) Site Description. The subject site is 7,175 square feet and is located at 26195 Scenic Road ,Carmel (Assessor's Parcel Number 009-422-023-000), Carmel Area Land Use Plan . Theparcel is zoned Medium Density Residential/2 units per acre, Design Control Area/18-Foo tHeight Limit in the Coastal Zone ("MDR/2-D (18) (CZ)") . There is an existing 1-story,2,704 square foot single family residence on the property and single family homes are anallowed use in the MDR zone . A 12-foot wide, private road easement is located along th eeast side of the property and extends from Scenic Road to Ocean View Avenue .

(c) Orientation. When an easement (public or private) provides access to multiple properties it i sa right-of-way that is subject to front yard set back requirements measured from the edge o fthat easement/right-of-way (Section 20 .06.1030 CT). Due to the configuration ofsurrounding parcels, the parcel qualifies as a reverse corner lot making the eastern propertyline as a side yard. This parcel is evaluated based on the following orientation :

Front .

Southern property line along Scenic RoadSide 1 .

Eastern property line along private road (reverse corner lot )Side 2 .

Western property line intersecting with Scenic RoadRear .

Northern property line intersecting with the easement .(d) Project Description . Property owners have submitted an application to demolish the existin g

home and construct a new, 3-level single family home . As designed, the project woul drequired the following entitlements :1) Coastal Administrative Permit and Design Approval to demolish an existing 2,704 sq .

ft . single family residence and 426 sq. ft . garage (3,130 sq . ft . total), and constructing anew 5,167 sq. ft., 3-level single family residence with a 1,498 sq . ft. subterraneangarage, grading (400 cubic yards cut) ;

2) Variance to reduce the east side (reverse corner) set back from 5 feet to 3 feet along aprivate easement ;

3) Variance to reduce the front setback along Scenic Road from 20 feet to 16 feet ;4) Coastal Development Permit to allow development within 750 feet of an archaeologica l

site.The variance to reduce the front set back from Scenic Road is not approved.

(e) Development Standards . The proposed residence habitable space is split between 3,229square feet above grade and 1,938 square feet below grade, at the garage level . The proposedproject shows a Floor Area Ratio (FAR) of 3,229 square feet or 45%, which is the maximumallowed. This calculation excludes 1,938 square feet of habitable space and the 1,498 squar efoot garage located on the lower level . Non-living space such as the garage would not b eincluded in this calculation. County policy for interpreting FAR at the time the applicatio nwas submitted and deemed complete, allowed an exception for living area located entirelybelow the natural grade. Project engineers submitted a report (dated January 26, 2007) thatcalculates the average natural grade elevation as 100 .95 feet based on elevations of 103 .8 feetat the high point located at the rear of the garage and 98 .1 feet at the low point located at thelower terrace . Using these benchmarks, the building height can not exceed the 118 .95-footelevation and the roof height for this structure is shown on the plans to be at the 118 .63-footelevation (17'- 8 1/8") . Variances are required to find that the project meets the requireddevelopment standards (Findings 4-6) . As conditioned, the subject property would compl ywith all the rules and regulations pertaining to zoning uses and any other applicabl eprovisions of Title 20, or the Carmel Area Land Use Plan, and therefore as proposed issuitable for development (Finding 2) .

(f)

Project planners conducted multiple site inspections including two visits on April 7, 2006 andAugust 2, 2007 to verify if the project on the subject parcel conforms to the project plans .

(g) Biological/Forest Resources . This property has been developed with a single family home.There are no sensitive species or native trees being impacted by this project. Also see CEQAfindings (Finding 3e) .

(h) Visual Resources . The proposed project is located in a visually sensitive area along Carme lPoint and four existing mature cypress trees provide natural screening of the existin gresidence. See Finding 3d (CEQA) and Finding 7 Visual Resources .

(i) Cultural Resources . Although there are no known resources located on the subject site, th eproperty is located within 750 of an archaeological site . In addition, the Kuster house locate dnorth of the property is considered a historic structure . A Phase II Historical Assessmentprepared by Sheila McElroy, dated March 16, 2006, and a supplemental evaluation of th eproperty prepared by Carey & Co ., Inc, dated September 21, 2007, analyzed potential impact

Lon & Morley Moellentine (PLN040581 )

of the proposed Moellentine house on the historic integrity of the Kuster House. Theintegrity of the Kuster House's setting and feeling was compromised long ago leaving theKuster House with little to no integrity of setting . These reports conclude that the propose dresidence would not create a substantial adverse change in the Kuster House's integrity o fsetting or feeling. This project has been evaluated for consistency with the Cultura lResources policies of the Carmel Area Land Use Plan (CLUP) and Carmel CoastalImplementation Plan as part of a Mitigated Negative Declaration (Finding 3) .

(j)

Historic Resources Review Board. On August 6, 2007, the HRRB submitted comments i nresponse to the Mitigated Negative Declaration . Their concerns included :- The site and setting of the Kuster House is compromised by the new structure . Mitigation

measures do not adequately protect the character of this project particularly in regards t ograding.

- Cypress trees on Scenic Drive are very close to the proposed retaining walls for the lowe rlevel. Grading activity might very well disturb and cut tree roots once the work is starte dthereby compromising the Cypress trees stability and health.

Project plans have been designed to ensure the cypress trees are not affected by excavatio nand the house is subject to an 18-foot height limit . The project includes technical geologica ldata through a Geotechnical Site Reconnaissance and Geotechnical Soils-Foundation an dGeoseismic Report . This data has been prepared by registered engineers and concludes tha tthe project would not impact the surrounding area . To date, no evidence has been providedthat would dispute these findings . Denial of the front set back variance and inclusion ofCondition 3requiring the applicant to move the house back four feet addresses this concern .The Mitigated Negative Declaration is discussed inFinding 3 .

(k)

LUAC . On August 6, 2007, the Cannel Unincorporated/Highlands Land Use AdvisoryCommittee voted 5-0 to recommend denial of project. The CarmelUnincorporated/Highlands Land Use Advisory Committee secretary determined that change sto the plans did not warrant additional review by the LUAC if the house configuration did no tchange. LUAC concerns include : 1) the design is inappropriate for this highly scenic andarchaeologically sensitive location, 2) no tree removal should be allowed as they help toretain the rustic character of the site and also reduce the visual impacts of such a massiv estructure as presently proposed, and 3) this plan is not subordinate to the site as required i nthe Land Use Plan; Visual Resources Key policy 2 .2 .2 . Design criteria within the Carme lLUP can be subjective and every house on Scenic Road has its own eclectic style . Theproject is designed to be subordinate with the surrounding viewshed area by including corbel sand utilizing appropriate earth tone painted materials and colors . The natural beige sidingwith slightly lighter beige trim allows the trim to pop out and reduce mass . The bronze doorsand windows and natural cast stone paneling, mouldings and balusters provide shadowin gand a staggering appearance . In addition, roof eaves will be of a rolled appearance in order t oreduce the visual thickness of the roof and further blend the residence into the naturallandscape . Exterior lighting shall be placed at near-ground level, downcast, and shielde dbehind vegetation and walls . Plans include retaining the four existing cypress trees (Findinglh) .

(1)

Site Visit . The project planner conducted site inspections on April 7, 2006 and August 2 ,2007 to verify that the project on the subject parcel conforms to the plans listed above .

(m) The application, project plans, and related support materials submitted by the projec tapplicant to the Monterey County RMA - Planning Department for the proposed developmentfound in Project File PLN040581 .


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, Parks, Public Works ,Environmental Health Division, and Water Resources Agency . There has been no indicationfrom these departments/agencies that the site is not suitable for the proposed development .Conditions recommended have been incorporated .

(b) Technical reports by outside historic, archaeological, geotechnical and geoseismi cconsultants indicated that there are no physical or environmental constraints that woul dindicate that the site is not suitable for the use proposed (Finding 3b) . County staff concurs .

(c) Staff conducted site inspections on April 7, 2006 and August 2, 2007 to verify that the site issuitable for this use .

(d) Materials in Project File PLN040581 .

3 . FINDING: CEQA (Mitigated Negative Declaration) - On the basis of the whole record before th ePlanning Commission, there is no substantial evidence that the proposed project as designe dand mitigated will have a significant effect on the environment . The mitigated negativedeclaration reflects the independent judgment and analysis of the County .

EVIDENCE :(a) Mitigated Negative Declaration . An Initial Study (IS) was prepared for this project and a

Mitigated Negative Declaration (MND) was circulated for public review from July 6, 2007 toAugust 6, 2007. This MND addressed potential impacts related to the proposed residenceand the historic structure behind the proposed residence . Although potential impacts wereidentified for Aesthetics, Cultural Resources, Geology/Soils, Hydrology/Water Quality, LandUse/Planning, Noise, and Transportation/Traffic, the MND determined that the project asdesigned and mitigated reduces impacts to a less than significant level .

(b)

Technical Data. Evidence that has been received and considered includes :i. "Historic Preservation Interpretation" (LIB060156) prepared by Kent Seavey, Pacifi c

Grove, CA, November, 2004 ;ii. "Phase II Assessment : Preliminary Impact Analysis" (LIB060156) prepared by Sheila

McElroy, San Francisco, CA, March 16, 2006 ;iii. "Preliminary Archaeological Reconnaissance" (LIB060155) prepared by Archaeological

Consulting, Salinas, CA, October, 2004 ;iv. "Geotechnical Soils-Foundation and Geoseismic Report" (LIBN060154) prepared by

Grice Engineering, Inc ., Pacific Grove, CA, October, 2004;v. "Geotechnical Site Reconnaissance" (LIB 070443) prepared by Haro, Kasunich &

Associates, Watsonville, CA, April, 2006 ;vi. "Establishment of Natural Grade" (LIB080088) prepared by Haro, Kasunich and

Associates, Inc., dated January 26, 2007 ;vii. Staff site visits on April 7, 2006 and August 2, 2007 ;viii. Staff report that reflects the County's independent judgment .These reports are on file in the offices of PBI (File No . PLN040581) and are incorporated b yreference herein.

(c)

Revised Mitigated Negative Declaration . New plans were provided at a public hearing onOctober 7, 2007 that included revisions addressing some of the issues identified through th e

Lon & Morley Moellentine (PLN040581)

MND and public comments . On November 6, 2007, the applicant submitted additional dat aconsisting of:1) Revised plans with redesigned front and rear retaining walls, in order to retain existin g

Cypress trees as part of landscape screening of visual resources, color and materia lchanges, and

2) Two technical reports :- Cypress Tree Evaluation (LIB080090) prepared by Forest City Consulting, dated

September 25, 2007- "Supplemental Historic Resource Impact Assessment" (LIB080089) prepared by

Carey & Co ., Inc. Architecture, September 21, 2007 ;The County determined that the MND required changes to address this new information . Nonew significant impact was identified and no new mitigation was required, so Sectio n15073.5 of CEQA would not require re-circulating the IS/MND . However, out of anabundance of caution, the Revised MND was re-circulated to allow the public time t oconsider this supplemental information that were not part of the previous MND.

(d) Aesthetics . The proposed project has the potential to affect a scenic vista and degrade th eexisting visual character of the area through the introduction of a new residential structur ewithin the public viewshed. However, this impact can be reduced to a less than significan tlevel with the implementation of mitigation measures to reduce the appearance of mass an dbulk of the second story, screen the structure, maintain existing vegetation, and require hous ecolors and unobtrusive lighting that would be harmonious with the area .

(e) Biological Resources . Through demolition and grading activity to provide for a nunderground floor, there is a potential for loss of four existing cypress trees . Although thes eare planted trees, they do provide natural screening to reduce potential visual impacts . ACypress Tree Evaluation (dated September 25, 2007) concludes that construction will impac tthe trees and recommend mitigation . The revised MND expands the mitigation and reducesthe potential impact to a less than significant level .

(f) Cultural Resources . Archaeological Report findings lead to the conclusion that the projectsite lies in an area considered to be a non-unique archaeological resource since it does notmeet the criteria for unique archaeological resources contained in CEQA Section 21083 .2(g) .Pursuant to this Section and the Report findings, the proposed development does have th epotential to cause a significant impact ; however, potential impacts from the project ar ereduced to a less than significant level with the implementation mitigation measures . TheInitial Study addresses potential environmental impacts to the proposed residence an dneighboring historic Kuster house. The combination of alterations to the original settingthrough construction and subdivision have long ago lowered the integrity of the Kuste rHouse's historical setting to such an extent that redevelopment on the Moellentine propert ydoes not constitute an increased impact. However, a determination of the significance o fimpacts -to historical resources is necessary since the project has the potential to impact aresource included in a local register of historical resources (neighboring Kuster House) . Astructural integrity analysis addresses potential impacts and determined that proposedsubstantial grading for the underground garage and basement would not adversely impact theKuster House . Mitigation measures reduce potential impacts to a less than significant level .

(g) Geology. According to the Geotechnical report, the site is located within three active faul tareas. The report further states that observation of the site's geologic features and historica lknowledge of local geological hazards indicate that the property has a low probability o fdamage from geologic activity and would be suitable for residential development . The


proposed project has the potential to impact surrounding residences during the constructio nphase from grading and excavation activities necessary to construct the proposed basementand subsurface garage . A Geotechnical Site Reconnaissance prepared by Haro, Kasunich an dAssociates determined that the proposed development, including the retaining wal lexcavations, will not cause adverse structural affects to the Kuster House . Impacts from theproposed project to nearby residences will be less than significant with mitigation .

(h) Hydrology. Runoff during construction from the site will be addressed by the site ErosionControl Plan designed and implemented by the Contractor to address site specific drainage ,erosion and runoff requirements and restrictions . If the applicant follows detailed instructionsof the Erosion Control Plan, the project could have a less than significant impact .

(i) Noise . The proposed project may cause an exposure of persons to noise levels in excess o fcurrent standards from groundborne vibrations or temporary noise impacts due to demolition ,grading, and construction operations . Sensitive receptors include surrounding single familyresidences. All development activities will be required to adhere to the County's Nois eControl Ordinance (Chapter 10 .60 of the Monterey County Code) . The project, as designed ,will minimize temporary noise impacts by : 1) limiting demolition, construction and gradingoperations to the hours of 8 :00 am to 5 :00 pm, Monday through Friday only; and 2) notifyingadjoining residences regarding any substantial construction activities beyond the scope o fwork .

(j) Transportation/Traffic . Construction related truck traffic will result in approximately 40 truc ktrips during project grading to remove 400 cubic yards of earth materials . Each truck willhaul approximately 10 cubic yards of cut . All non-essential construction vehicles will beremoved from the project site daily. Further, all non-essential construction vehicles ,including personal vehicles, will be parked either on-site, if possible, or constructio npersonnel will utilize off-site parking in order to allow for uninterrupted emergency access onScenic Road and the surrounding project vicinity. Construction related traffic impacts areconsidered temporary in duration and are therefore considered less than significant .

(k) Comments . The following comments were submitted on the revised mitigated negativ edeclaration :

Request attachment of a letter from project engineer . A comment included a request for acopy an attachment of a letter from Haro, Kasunich & Associates, dated January, 2007 ,because paragraph two states, "Four profiles of the existing grade were plotted (shown inblue on the enclosed graphic) using site topographic information." The originator of therequested letter from Haro, Kasunich & Associates responded that the paragraph wa sworded incorrectly and there was no graphic .

- Staking and Flagging. An email disputes that the story poles should not have been takendown at the Moellentine site. In contrast, other letters state that, due to recent stonns ,there is unsightly plastic, orange barricade on the road and low cliffs directly in front ofthe Moellentine property. Section 20 .146 .030 .A.1 CIP, requires poles and stake to"remain in place for the duration of the project review and approval process ." Policy

2 .2 .4 .1 of the Cannel Area Land Use Plan (CLUP) states that the staking and flagging i sfor purpose of the project planner to review the project . The project planner is required toindividually visit each project site to investigate and determine if there are any visualresource issues . Staff has sufficient evidence in the record of photographs of the staking.and flagging and architectural renderings of the proposed project . This project has beento four different hearings since 2006, the staking and flagging has been up at the site fo rmost of time . On October 10, 2007, the Planning Commission adopted a Resolution o f


Intent to approve the project. This constitutes an action where flagging would no longer b enecessary in the permit process and flagging is not required by CEQA . Therefore, flaggingwas not required while the MND was being re-circulated .

- Size of the Structure . Comments were submitted that the bulk and mass of the structur edoes not fit the lot and the proposed structure should be only one-story . The projectmeets development standards for the zoning designation in this area . The PlanningCommission determined that the proposed house meets the design guidelines for this area .

- Undermining of the beach and cliff Comments were submitted expressing concern thatallowing the Moellentine's to excavate on this site could undermine the beach and cliff .Allowing a reduction of the front set back from Scenic Road could intensify this potentia limpact, but this variance is being denied . The project includes technical geological dat athrough a Geotechnical Site Reconnaissance and Geotechnical Soils-Foundation andGeoseismic Report. This data has been prepared by a registered engineer and concludesthat the project would not impact the surrounding area (e .g. Scenic Road) . To date, noevidence has been provided that would dispute these findings .

- Staff Response- Technical California Building Code inconsistencies with revised plans .Comments were received regarding technical inconsistencies with the California Buildin gCode which was adopted for use by the Monterey County Building Department i nJanuary 2008 . The building application was submitted to the building department o nDecember 20, 2007, and therefore, the current application would not apply to the newbuilding codes . The Carmel Highlands Fire Department reviewed the slope requirement sfor the ramp into the garage and has approved the project for issuance . The WaterResources Agency has approved the required fixture water usage Water Form that willrequire final approval from the Monterey Peninsula Water Management District .

A Notice of Intent to adopt a Revised Mitigated Negative Declaration was mailed to everyonewithin 300 feet and to interested parties stating that, "The Mitigated Negative Declaratio nand Initial Study, as well as referenced documents, are available for review at the MontereyCounty Resource Management Agency — Planning Department, 168 West Alisal, 2nd Floor,Salinas, California." All documents referenced in this finding are on file in the offices of thePlanning Department and are hereby incorporated by reference (PLN040581) .

4 . FINDING: VARIANCE - (Special Circumstances) : Because of special circumstances applicable to thesubject property, including the size, shape, topography, location of the lot, or the surroundin garea, the strict application of Section 20 .147.030.A.1 .b of the Monterey County CoastalImplementation Plan is found to deprive the subject property of privileges enjoyed by othe rproperty owners in the vicinity under an identical zoning classification .

EVIDENCE:(a) As a reverse corner lot, the required minimum set back from the edge of the easement right o f

way is 5 feet. The residence is designed with a set back of 3-feet, 6-inches from the edge o fthe easement (9'-6" from the property line) . As a result, this design requires a variance toreduce the setback requirement from 5 feet to 3-feet, 6-inches (3 '-6") .

(b) The odd shape of the site along with two right-of-ways restricts development . This varianceaffords the property owner the ability to develop the site with a residence that is consistentwith the existing neighborhood . Therefore, staff supports a variance to reduce the set backalong the easement from 5 feet to 3 feet, 6 inches from the easement (9 feet, 6 inches fromthe property line) .

(1)


(c) With the variance along the east side, the owners are afforded similar development condition sas other lots within the area. There are no unique conditions that would justify a varianc efrom 20 to 16 feet . Therefore, this variance is denied and a condition (Condition #3) requiresthe applicant to revise the plans and meet the front set back from Scenic Road.

(d) Materials and Documents in Project File PLN040581 .

5 . FINDING: VARIANCE (Special Privileges) : The variance to exceed a front setback requirement of adriveway easement shall not constitute a grant of privileges inconsistent with the limitationsupon other property owners in the vicinity and zone in which such property is situated .

EVIDENCE :(a)

Three properties utilize this easement for access to their property and two have existing setbacks• Pack/McCallister (Parcel 011) - approved with a 3-foot, 6 inch setback from edge of th e

easement (9 feet 6 inches from property line) ;• Meyer (Parcel 021) - approved with a 16-foot set back from the edge of the easement (2 2

feet to property line) ;• Moellentine (Parcel 023) - existing residence approved with a 4-foot set back from the

edge of the easement (9 feet to property line) . This is the subject parcel .Properties under similar conditions, have been allowed to develop with a reduced set backfrom the easement . Therefore, approving a variance reducing the eastern side (reversecorner) set back from the easement would not grant a special privilege to this property owner .Considering all of the facts presented in this matter, the required findings to support avariance for a four foot encroachment into the front setback from Scenic Road cannot b emade because the subject property is not deprived of privileges enjoyed by neighboringproperties and no other properties have encroached into the front setback along Scenic Road .Materials and documents in Project File No . PLN040581 .

6 . FINDING: VARIANCE - (Authorized Use) : The Variance shall not be granted for a use or activitywhich is not otherwise expressly authorized by the zone regulation governing the parcel ofproperty .

EVIDENCE:(a) The project for a new single family dwelling is an allowed use under the Medium Density

Residential designation subject to Section 12 .20.040.A of the Monterey County ZoningOrdinance, Title 20 .

(b) ' Materials and documents in Project File No . PLN040581 .

7. FINDING: VISUAL RESOURCES : The subject project is located on Scenic Road which is a "publicviewshed" road as illustrated on the General Viewshed Map (Map A) in the Carmel AreaLand Use Plan, and therefore, all future development must harmonize and be clearl ysubordinate to the natural scenic character of the area . (Policy 2 .2.2 CLUP) In addition, thedesign and siting of the structure shall not detract from the natural beauty of the sceni cshoreline. Structures shall be subordinate to and blended into the environment, usingappropriate materials to that effect . (Policies 2 .2 .3 .1 and 2.2 .3 .6 CLUP)

EVIDENCE :(a) Scenic Drive, where the parcel is located, is identified as a scenic viewshed in the Carmel Area

Land Use Plan (CLUP). Policies have been adopted with the intent to minimize visualimpacts of development from significant public viewing areas like Cannel Beach, Poin t


(b)

(c)

Lobos, etc . Techniques for meeting these policies includes development standards (e .g.height, set backs, etc), design standards, and landscape requirements .

(b) The design criteria within the Carmel LUP can be subjective . Every house on Scenic Roadhas its own eclectic style . The portion of a parcel least visible from public viewpoints an dcorridors shall be considered the most appropriate for the location of new structures . Theproposed structure is designed to be further back from Scenic Road than the existingstructure, which helps open up the public viewshed around the point of Scenic Road (Policy2.2 .3 .4 CLUP) .The proposed project is required to meet the minimum set back from ScenicRoad and retain four existing mature cypress trees (Policy 2 .2 .3 .4 CLUP) .

(c) The project is designed to be subordinate with the surrounding viewshed area . Specifically,the home incorporates the use of corbels and utilizes appropriate earth tone painted material sand colors. The natural beige siding with slightly lighter beige trim allows the trim to popout and reduce mass . The bronze doors and windows and natural cast stone paneling ,mouldings and balusters provide shadowing and a staggering appearance . In addition, roofeaves will be of a rolled appearance in order to reduce the visual thickness of the roof andfurther blend the residence into the natural landscape . (Policies 2 .2 .3 .6 and 2.2.4 .10.c CLUP )

(d) In order to minimize visibility to public viewing points, the applicant must maintain existin gnative trees and arrange for additional screening through the planting of native landscapin gonsite and within areas visible from the public viewshed . Project plans have been designedto reduce the front lower level retaining wall near the large Cypress trees located on Sceni cRoad to ensure that the trees are not affected by excavation . A Cypress Tree Evaluatio nprepared by Forest City Consulting, dated September 25, 2007, has addressed possibl eimpacts to four existing cypress trees and makes recommendations to avoid damage to the m(Condition 21/Mitigation 2) . Denial of the front set back variance and inclusion ofCondition 3requiring the applicant to move the house back four feet would create additionalspace to secure these trees .

(e) A conceptual landscape plan prepared by Bellinger, Foster and Steinmetz, dated February 25 ,2008, and submitted with this staff report contains drought resistant native coastal plants tha twill further screen the project consistent with the surrounding vegetation and should retainexisting shoreline and ocean views (Policies 2 .2 .3 .7, 2 .2 .3 .8 and 2.2 .4.10 .e CLUP) .

(f) Condition 13 requires all exterior lighting to be unobtrusive, harmonious with the local area ,and constructed or located so that only the intended area is illuminated and off-site glare is fullycontrolled. (Policy 2 .2 .4 .10.d CLUP)

(g) Materials in Project File PLN0405 81 .

8. FINDING: PUBLIC ACCESS - The project is in conformance with the public access and publicrecreation policies of the Coastal Act and Local Coastal Program, and does not interfere withany form of historic public use or trust rights (see §20 .70.050 .B.4) . No access is required aspart of the project as no substantial adverse impact on access, either individually orcumulatively, as described in Section 20 .70.050 .B.4.c of the Monterey County Coasta lImplementation Plan, can be demonstrated .

EVIDENCE:(a) The subject property is not described as an area where the Local Coastal Program require s

access .(b) The subject property is not indicated as part of any designated trails or shoreline access a s

shown in Figures 3, the Public Access Map, of the Cannel Area Land Use Plan .

Lon & Morley Moellentine(PLN040581 )

(c) No evidence or documentation has been submitted or found showing the existence of histori cpublic use or trust rights over this property .

(d) Staff site visits in April, 2006 and August, 2007 .

9. FINDING: NO VIOLATIONS - The subject property is in compliance with all rules and regulation spertaining to zoning uses, subdivision, and any other applicable provisions of the County' szoning ordinance . No violations exist on the property. Zoning violation abatement costs, ifany, have been paid .

EVIDENCE : Staff reviewed Monterey County RMA - Planning Department and Building ServicesDepartment records and is not aware of any violations existing on subject property .

10. FINDING: HEALTH AND SAFETY - The establishment, maintenance, or operation of the projectapplied for will not under the circumstances of this particular case be detrimental to th ehealth, safety, peace, morals, comfort, and general welfare of persons residing or working i nthe neighborhood of such proposed use, or be detrimental or injurious to property an dimprovements in the neighborhood or to the general welfare of the County.

EVIDENCE : Preceding findings and supporting evidence .

11. FINDING: APPEALABILITY - The decision on this project is appealable to the Board of Supervisor sand the California Coastal Commission .

EVIDENCE :(a) Section 20 .86.030.A of the Monterey County Coastal Implementation Plan, Part 1 (Board o f

Supervisors) .(b) Section 20 .86.080.A.3 of the Monterey County Coastal Implementation Plan, Part 1 (Coastal

Commission) . Variances and development permitted as a conditional use may be appealed t othe Coastal Commission. Two variances were proposed, butonlyone was approved. ACoastal Development Permit is required for development within 750 feet of an archaeologica lsite.

DECISION

THEREFORE, it is the decision of the Planning Commission of the County of Monterey that the Mitigate dNegative Declaration (as revised January 2008) and associated Mitigation Monitoring Program be adopted an dsaid application for a Combined Development Permit, except the front setback variance from Scenie Road, b egranted.

PASSED AND ADOPTED this 12th day of March, 2008, by the following vote :

AYES :

Brown, Isakson, Padilla, Ottone, SanchezNOES :

VandevereABSENT :

Pessagno, Rochester, Diehl, Salazar

Lon & Morley Moellentine (PLN040581)Page 1 0

A COPY OF THIS DECISION WAS MAILED TO THE APPLICANT ON MAR 17 2008

THIS APPLICATION IS APPEALABLE TO THE BOARD OF SUPERVISORS . IF ANYONE WISHES TOAPPEAL THIS DECISION, AN APPEAL FORM MUST BE COMPLETED AND SUBMITTED TO TH ECLERK OF THE BOARD OF SUPERVISORS ALONG WITH THE APPROPRIATE FILING FEE ON O RBEFORE

MAR 2 7.2008

This decision, if this is the final administrative decision, is subject to judicial review pursuant to Californi aCode of Civil Procedure Sections 1094 .5 and 1094.6. Any Petition for Writ of Mandate must be filed with theCourt no later than the 90th day following the date on which this decision becomes final .

NOTES

1.

You will need a building permit and must comply with the Monterey County Building Ordinance i nevery respect.

Additionally, the Zoning Ordinance provides that no building permit shall be issued, nor any us econducted, otherwise than in accordance with the conditions and terms of the permit granted or unti lten days after the mailing of notice of the granting of the permit by the appropriate authority, or afte rgranting 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 permitsand use clearances from the Monterey County RMA - Planning Department and RMA - Buildin gServices Department offices in Salinas .

2.

This permit expires two years after the above date of granting thereof unless construction or use i sstarted within this period .


Project Name : MOELLENTINE , LON AND MORLEY

File No: PLN040581

APNs: 00 9-422-023 -00 0

Approved by : PLANNING COMMISSION Date : March 12, 2008

Monterey County Resource Management Agency

Planning Department

Condition Compliance and/or Mitigation Monitorin g

Reporting Plan

*Monitoring or Reporting refers to projects with an EIR or adopted Mitigated Negative Declaration per Section 21081.6 of the Public Resources Code .

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1 . PD001- SPECIFIC USES ONLYThis Combined Development permit (PLN040581) consisting of: 1 )Coastal Administrative permit and design approval to demolish a nexisting 2,704 square foot single family residence and 426 square foo tgarage (3,130 square feet total), construct a new 5,167 square foot, 3 -level single family residence with a 1,498 square foot subterranea ngarage, grading (400 cubic yards cut) [3,229 sq . ft . above grade ; 1,93 8sq. ft. lower habitable level ; 1,498 sq . ft . is garage ; 6,665 sq . ft . total all] ;2) Variance to reduce the east side setback from 5 feet to 3'-6" along aprivate easement ; retaining walls ; and 3) Coastal Development Permitto allow development with a positive archaeological report . Th eproperty is located at 26195 Scenic Road, (Assessor's Parcel Numbe r009-422-023-000), Cannel Area Land Use Plan . This permit wasapproved in accordance with County ordinances and land us eregulations subject to the following terms and conditions . Neither theuses nor the construction allowed by this permit shall commence unles sand until all of the conditions of this permit are met to the satisfaction ofthe Director of the RMA - Planning Department . Any use o rconstruction not in substantial conformance with the terms an dconditions of this permit is a violation of County regulations and ma yresult in modification or revocation of this permit and subsequent lega laction . No use or construction other than that specified by this permit i sallowed unless additional permits are approved by the appropriat eauthorities . To the extent that the County has delegated any conditioncompliance or mitigation monitoring to the Monterey County Wate rResources Agency, the Water Resources Agency shall provide allinformation requested by the County and the County shall bear ultimat eresponsibility to ensure that conditions and mitigation measures ar eproperly fulfilled . (RMA - Planning Department)

Adhere to conditions and uses specifiedin the permit .

Owner/Applicant

Ongoingunlessotherwis eStated


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2 . PD002 - NOTICE-PERMIT APPROVALThe applicant shall record a notice which states: "Apermit (Resolution 08011) was approved by the Plannin gCommission for Assessor's Parcel Number 009-422-023 -000 on March 12, 2008 . The permit was granted subjec tto 26 conditions of approval which run with the land . Acopy of the permit is on file with the Monterey Count yRMA - Planning Department ." Proof of recordation ofthis notice shall be furnished to the Director of the RMA -Planning Department prior to issuance of building permit sor commencement of the use . (RMA - PlanningDepartment)

Proof of recordation of this notice shallbe furnished to the RMA - PlanningDepartment .

Owner/Applicant

Prior to theissuance ofgrading andbuildingpermits orcommence-ment of use .

3 . PDSP001- FRONT SET BACK (NON-STANDARDCONDITION)Final plans must be amended as follows :-

All habitable area shall be set back at least 20 fee tfrom Scenic Road .

Revised copies of the plans shall besubmitted to the RMA – PlanningDepartment for review and approval .

Owner/Applicant

Prior toissuance ofany permitsorcommence-

(RMA - Planning Department) _ ment of use .4 . PD003(B) – CULTURAL RESOURCES –

POSITIVE ARCHAEOLOGICAL REPORTIf archaeological resources or human remains areaccidentally discovered during construction, th efollowing steps will be taken :There shall be no further excavation or disturbance of

the site or any nearby area reasonably suspected t ooverlie adjacent human remains until :

The coroner of the county in which the remains arediscovered must be contacted to determine that noinvestigation of the cause of death is required, an d

If the coroner determines the remains to be NativeAmerican :- The coroner shall contact the Native America n

Heritage Commission and the RMA – Plannin gDepartment within 24 hours .

The applicant shall submit the contractswith a Registered ProfessionalArcheologist and a RegisteredProfessional Anthropologist to th eDirector of the RMA – PlanningDepai (anent for approval .

Also See Condition 23

Owner/Applicantperarchaeolo -gist oranthropol-ogist

Prior to theissuance ofgrading orbuildingpermits orapproval ofSub .Improve-ment Plans ,whicheveroccurs first .

Lon & Morley Moellentine (PLN040581 )Page 1 3

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- The Native American Heritage Commission shall

identify the person or persons from a recognized

local tribe of the Esselen, Salinan, Costonoans/

Ohlone and Chumash tribal groups, as appropriate,

to be the most likely descendent .

- The most likely descendent may make

recommendations to the landowner or the person

responsible for the excavation work, for means of

treating or disposing of, with appropriate dignity,

the human remains and any associated grave goods

as provided in Public Resources Code Section

5097.9 and 5097 .993, or

- Where the following conditions occur, the

landowner or his authorized representatives shal l

rebury the Native American human remains and

associated grave goods with appropriate dignity on

the property in a location not subject to further

subsurface disturbance :

1 .

The Native American Heritage Commission is

unable to identify a most likely descendent or

the most likely descendent failed to make a

recommendation within 24 hours after being

notified by the commission.

2 .

The descendent identified fails to make a

recommendation; or

3 .

The landowner or his authorized representative

rejects the recommendation of the descendent ,

and the mediation by the Native American

Heritage Commission fails to provide measures

acceptable to the landowner .

(RMA - Planning Department)

The requirements ofthis condition shall

be included as a note on all grading and

building plans, on the Subdivision

Improvement Plans, in the CC&Rs, and

shall be included as a note on an

additional sheet ofthe final map .

Owner/

Applicant

Prior to the

issuance of

grading or

building

permits .


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5 . PD004 - INDEMNIFICATION AGREEMEN TThe property owner agrees as a condition and i nconsideration of the approval of this discretionarydevelopment permit that it will, pursuant to agreemen tand/or statutory provisions as applicable, including but no tlimited to Government Code Section 66474 .9, defend,indemnify and hold harmless the County of Monterey orits agents, officers and employees from any claim, actionor proceeding against the County or its agents, officers oremployees to attack, set aside, void or annul this approval ,which action is brought within the time period providedfor under law, including but not limited to, GovernmentCode Section 66499.37, as applicable . The propertyowner will reimburse the county for any court costs andattorney's fees which the County may be required by acourt to pay as a result of such action . County may, at itssole discretion, participate in the defense of such action ;but such participation shall not relieve applicant of hi sobligations under this condition. An agreement to thiseffect shall be recorded upon demand of County Counselor concurrent with the issuance of building permits, use ofthe property, filing of the fmal map, whichever occurs firs tand as applicable . The County shall promptly notify theproperty owner of any such claim, action or proceedingand the County shall cooperate fully in the defens ethereof. If the County fails to promptly notify the propert yowner of any such claim, action or proceeding or fails tocooperate fully in the defense thereof, the property ownershall not thereafter be responsible to defend, indemnify o rhold the county harmless . (RMA - PlanningDepartment)

Submit signed and notarize dIndemnification Agreement to theDirector of RMA – Planning Departmentfor review and signature by the County .

Proof of recordation of theIndemnification Agreement, as outlined,shall be submitted to the RMA –Planning Department.

Owner/Applicant

Upondemand o fCountyCounsel orconcurrentwith theissuance ofbuildingpermits, us eof theproperty,filing of thefinal map,whicheveroccurs firstand asapplicable.


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6 . PD005 - FISH AND GAME FEE-NEG DECIEIR

Pursuant to the State Public Resources Code § 753 .5 , 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) working days ofproject approval .

This fee shall be paid before the Notice of Determination

is filed . Ifthe fee i s not paid within five (5) working days ,

the project shall not be operative , vested or fmal until the

filing fees are paid . (RMA - Planning Department)

The applicant shall submit a check,

payable to the County ofMonterey, to the

Director ofthe RMA - Planning

Department.

Owner/

Applicant

Within 5

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project

approval .

If the fee is not paid within five (5)

working days, the applicant shall submit

a check, payable to the County of

Monterey, to the Director ofthe RMA -

Planning Department .

Owner/

Applicant

Prior to the

recordation

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map, the

start ofuse

or the

issuance of

building or

grading

permits

7 . PD006 - MITIGATION MONITORING PROGRAM

The applicant shall enter into an agreement with the

County t o implement a Mitigation Monitoring and/or

Reporting Plan in accordance with Section 21081 . 6 ofthe

California Public Resources Code and Section 15097 of .

Title 14, Chapter 3 of the California Code ofRegulations.

Compliance with the fee schedule adopted by the Board

of Supervisors for mitigation monitoring shal l be

required and payment made to the County of Monterey

at the time the property owner submits the signed

mitigation monitoring agreement. (RMA - Planning

Department)

1) Enter into agreement with the

County to implement a Mitigation

Monitoring Program .

2) Fees shall be submitted at the time

the property

owner submits the signed

mitigation monitoring agreement .

Owner/

Applicant

Within 60

days after

project

approval or

prior to the

issuance of

grading and

building

permits ,

whichever

occurs first.

8 . PD007 - GRADING-WINTER RESTRICTION

No land clearing or grading shall occur on the subject

parcel between October 1 5 and April 15 unless authorized

by the Director ofRMA - Building Services Department .

(RMA – Planning Department and Building Service s

Department)

Obtain authorization from the Director of

RMA - Building Services Department to

conduct land clearing or grading between

October 15 and April 15 .

Owner/

Applicant

Ongoing


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PD009 - GEOTECHNICAL CERTIFICATIONPrior to final inspection, the geotechnical consultant shal lprovide certification that all development has beenconstructed in accordance with the geotechnical report .(RMA — Planning Department and Building Service sDepartment)

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Submit certification by the geotechnica lconsultant to the RMA — BuildingServices Department showing project' scompliance with the geotechnicalreport .

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10 . PD010 - EROSION CONTROL PLAN AN DSCHEDULEThe approved development shall incorporate therecommendations of the Erosion Control Plan as reviewe dby the Director of RMA — Planning and Director o fBuilding Services . All cut and/or fill slopes exposedduring the course of construction be covered, seeded, o rotherwise treated to control erosion during the course o fconstruction, subject to the approval of the Director o fRMA - Planning and Director of RMA - Buildin gServices . The improvement and grading plans shallinclude an implementation schedule of measures for theprevention and control of erosion, siltation and dust durin gand immediately following construction and until erosioncontrol planting becomes established. This program shallbe approved by the Director of RMA - Planning andDirector of RMA - Building Services . (RMA - PlanningDepartment and RMA - Building Service sDepartment)

An Erosion Control Plan shall b esubmitted to the RMA - PlanningDepai tinent and the RMA - BuildingServices Department prior to issuanceof building and grading permits .

Owner/Applicant

Prior to theissuance ofgrading an dbuildingpermits .

Comply with the recommendations ofthe Erosion Control Plan during thecourse of construction until projectcompletion as approved by the Directorof RMA - Planning and Director ofRMA - Building Services .

Owner/Applicant

Ongoing

Evidence of compliance with theImplementation Schedule shall b esubmitted to the RMA - PlanningDepartment and the RMA - BuildingServices Depai tment

Owner/Applicant

Prior to finalinspection.

11 . PD011 — TREE AND ROOT PROTECTIO NTrees which are located close to the construction site(s )shall be protected from inadvertent damage fro mconstruction equipment by fencing off the canopydriplines and/or critical root zones (whichever is greater )with protective materials, wrapping trunks with protectivematerials, avoiding fill of any type against the base of thetrunks and avoiding an increase in soil depth at the feeding

Submit evidence of tree protection t othe RMA - Planning Department fo rreview and approval .


Owner/Applicant

Prior to theissuance ofgradingand/orbuildingpermits .


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zone or drip-line of the retained trees . Said protection,approved by a certified arborist, shall be demonstrate dprior to issuance of building permits subject to theapproval of the RMA - Director of Planning. If there isany potential for damage, all work must stop in the areaand a report, with mitigation measures, shall be submitte dby a certified arborist. Should any additional trees notincluded in this permit be harmed, during grading orconstruction activities, in such a way where removal i srequired, the owner/applicant shall obtain requiredpermits .(RMA - Planning Department)

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Submit on-going evidence that treeprotection measures are in plac ethrough out grading and construction .Submit a written report prepared by acertified arborist monthly when gradingactivity is occurring on the property.Said report shall include mitigatingmeasures if any of the four cypres stress are damaged .

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Submit photos of the trees on theproperty to the RMA — Plannin gDepat talent after construction todocument that tree protection has beensuccessful or if follow-up remediatio nor additional permits are required .

Owner/Applicant

Prior to finalinspectio n

12 . PDO12(D) - LANDSCAPE PLAN ANDMAINTENANCE - MONTEREY PENINSULAWATER MANAGEMENT DISTRICT (SINGLEFAMILY DWELLING ONLY)The site shall be landscaped .

Prior to the issuance ofbuilding permits, three (3) copies of a landscaping planshall be submitted to the Director of the RMA - PlanningDepai.tment . A landscape plan review fee is required for

Submit landscape plans an dcontractor's estimate to the RMA -Planning Department for review andapproval .


Owner/Applicant/LicensedLandscapeContractor/LicensedLandscapeArchitect

Prior t oissuance ofBuildingPermits .

this project.

Fees shall be paid at the time of landscap eplan submittal. The landscaping plan shall be in sufficien tdetail to identify the location, species, and size of th eproposed landscaping materials and shall include anirrigation plan .

The plan shall be accompanied by anursery or contractor's estimate of the cost of installation

Submit one (1) set landscape plans o fapproved by the RMA — Plannin gDepai talent, a Maximum AppliedWater Allowance (MAWA)calculation, and a complete d"Residential Water Release Form and

Owner/Applicant/LicensedLandscapeContractor/Licensed

Prior toissuance ofBuildingPermits .

of the plan. Before occupancy, landscaping shall be eitherinstalled or a certificate of deposit or other form of suretymade payable to Monterey County for that cost estimat eshall be submitted to the Monterey County RMA -

Water Permit Application" to th eMonterey County Water Resource sAgency for review and approval .

LandscapeArchitect


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plant material shall be continuously maintained in a litter-

free, weed-free, healthy, growing condition . (RMA —

Planning Department)

Submit the RMA — Planning

Depat tinent approved landscape plans ,

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Owner/

Applicant/

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Landscape

Contractor/

Prior to

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Water Permit Application" to the

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approval .

Licensed

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Architect

Submit an approved water permit fro m

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Permit

Owner/

Applicant/

Licensed

Landscape

Contractor

Prior to

issuance of

Building

Permits

Landscaping shall be either installed or a

certificate of deposit or other form o f

surety made payable to Monterey County

for that cost estimate shall be submitted

to the Monterey County RMA - Planning

Depai tment .

Owner/

Applicant/

Licensed

Landscape

Contractor/

Licensed

Landscape

Architect

Prior to

Occupancy

All landscaped areas and fences shall be

continuously maintained by the

applicant; all plant material shall be

continuously maintained in a litter-free,

weed-free, healthy, growing condition .

Owner/

Applicant

Ongoing


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13 . PDO14(A) – LIGHTING – EXTERIOR LIGHTIN G

PLAN

All exterior lighting shall be unobtrusive, down-lit ,

harmonious with the local area, and constructed or located

so that only the intended area is illuminated and off-site

glare is fully controlled. The applicant shall submit 3

copies of an exterior lighting plan which shall indicate the

location, type, and wattage of all light fixtures and include

catalog sheets for each fixture . The lighting shall comply

with the requirements of the California Energy Code set

forth in California Code of Regulations, Title 24, Part 6 .

The exterior lighting plan shall be subject to approval by

the Director of the RMA - Planning Department, prior t o

the issuance of building permits . (RMA – Planning

Department)

Submit three copies of the lighting

plans to the RMA - Plannin g

Department for review and approval .

Approved lighting plans shall be

incorporated into final building plans .


Owner/

Applicant

Prior to the

issuance of

building

permits .

The lighting shall be installed and

maintained in accordance with th e

approved plan .

Owner/

Applicant

Prior to

Occupancy/

Ongoing.

14 . WR1 - DRAINAGE PLAN

The applicant shall provide the Water Resource s

Agency a drainage plan prepared by a registered civi l

engineer or architect addressing on-site and off-sit e

impacts . Drainage improvements shall be constructed i n

accordance with plans approved by the Water Resources

Agency. (Water Resources Agency)

Submit 3 copies of the engineered

drainage plan to the Water Resources

Agency for review and approval .

Owner/

Applicant/

Engineer

Prior to

issuance of

any grading

or building

permits .

15 . WR40 - WATER CONSERVATION MEASURES

The applicant shall comply with Ordinance No . 3932, or

as subsequently amended, of the Monterey County

Water Resources Agency pertaining to mandatory water

conservation regulations . The regulations for new

construction require, but are not limited to :

a. All toilets shall be ultra-low flush toilets with a

maximum tank size or flush capacity of 1 .6 gallons, all

shower heads shall have a maximum flow capacity of

2.5 gallons per minute, and all hot water faucets that

have more than ten feet of pipe between the faucet and

the hot water heater serving such faucet shall be

equipped with a hot water recirculating system.

Compliance to be verified by building

inspector at final inspection.

Also See Conditions 12 and 20

Owner/

Applicant

Prior to final

building

inspection/

occupancy .


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including such techniques and materials as native or lo w

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bubblers, drip irrigation systems and timing devices .

(Water Resources Agency)

16 WR43 - WATER AVAILABILITY Submit the Water Release Form to the Owner/ Prior to

CERTIFICATIONThe applicant shall obtain from the Monterey CountyWater Resources Agency, proof of water availability o n

the property, in the form of an approved Monterey

Peninsula Water Management District Water Release

Form. (Water Resources Agency)

Water Resources Agency for reviewand approval .

Applicant issuance o fany building

permits ,

17 . FIRE011 - ADDRESSES FOR BUILDINGS Applicant shall incorporate Applicant Prior toAll buildings shall be issued an address in accordanc e

with Monterey County Ordinance No . 1241 . Each

occupancy, except accessory buildings, shall have itsown permanently posted address . When multiple

occupancies exist within a single building, eachindividual occupancy shall be separately identified by it sown address . Letters, numbers and symbols fo raddresses shall be a minimum of 4-inch height, 1/2-inc h

stroke, contrasting with the background color of thesign, and shall be Arabic . The sign and numbers shallbe reflective and made of a noncombustible material .Address signs shall be placed at each driveway entranc eand at each driveway split . Address signs shall be and

visible from both directions of travel along the road . Inall cases, the address shall be posted at the beginning o fconstruction and shall be maintained thereafter . Addresssigns along one-way roads shall be visible from bot hdirections of travel . Where multiple addresses ar e

required at a single driveway, they shall be mounted ona single sign . Where a roadway provides access solelyto a single commercial occu . ancy, the address sign shall

specification into design and enumerateas "Fire Dept. Notes" on plans .

or owner issuance of

building

permit .

Applicant shall schedule fire dept .clearance inspection

Applicantor owner

Prior to final

buildinginspection .



Applicant shall enumerate as "Fir eDept . Notes" on plans .

Applicantor owner

Prior toissuance ofbuildingpermit .

Applicant shall schedule fire dept .rough sprinkler inspection

Applicantor owner

Prior toframinginspection .

Applicant shall schedule fire dept . finalsprinkler inspection

Applicantor owner

Prior to fina lbuildinginspection .

Applicant shall enumerate as "Fir eDept. Notes" on plans .

Applicantor owner

Prior toissuance ofbuildingpermit.

Applicant shall submit fire alarm plansand obtain approval .

Applicantor owner

Prior toroughsprinkler orframinginspection

Applicant shall schedule fire alarmsystem acceptance test.

Applicantor owner

Prior to finalbuildinginspection .

be placed at the nearest road intersection providin gaccess to that site . Permanent address numbers shall b eposted prior to requesting final clearance . Cypress Fir eDistrict

18 .

FIRE021- FIRE PROTECTION EQUIPMENT &SYSTEMS - FIRE SPRINKLER SYSTE M(STANDARD)The building(s) and attached garage(s) shall be fullyprotected with automatic fire sprinkler system(s) .Installation shall be in accordance with the applicableNFPA standard. A minimum of four (4) sets of plan sfor fire sprinkler systems must be submitted by aCalifornia licensed C-16 contractor and approved prio rto installation. This requirement is not intended to dela yissuance of a building permit . A rough sprinklerinspection must be scheduled by the installing contractorand completed prior to requesting a framing inspection.Cypress Fire District

19 .

FIRE024 - FIRE ALARM SYSTEM - (SINGL EFAMILY DWELLING)The residence shall be fully protected with an approve dhousehold fire warning system as defined by NFP AStandard 72 . Plans and specifications for the householdfire warning system shall be submitted by a Californi alicensed C-10 contractor and approved prior t oinstallation. Household fire warning systems installed inlieu of single-station smoke alarms required by theUniform Building Code shall be required to b eplacarded as permanent building equipment . CypressFire District

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s20 . 1 . PDSP002- PLANTING PLAN (NON-STANDARD

CONDITION)In order to minimize impacts to scenic resources, th eapplicant shall maintain existing native trees and arrang efor additional screening through the planting of nativelandscaping onsite and within areas visible from thepublic viewshed .

A conceptual native vegetationplanting plan shall be prepared and implemented by aCounty-approved landscape architect and submittedprior to issuance of any building or grading permits . Theplanting plan shall be consistent with surrounding

A conceptual native vegetation plantin gplan shall be submitted to the Directorof Planning for review and approval .To

the

maximum

extent possible ,vegetation should be derived from thesite or local area .

The planting planshall include provisions for irrigation ,if necessary .

Also See Conditions 12 and 15

Applicant/Owner

Prior toIssuance ofgrading/Buildingpermits .

neighborhood landscaped areas . The final planting planshall specify recommended planting areas and numbersby species .

In order to monitor the success of nativevegetation planting, the applicant shall arrange formonitoring inspections to be done by a County -approved landscape architect . Success of tree and nativevegetation planting shall be assessed on the basis of theresidence blending into the environment and percen tsurvival of the planted species .

(RMA - Plannin gDepartment)

The

final

planting

plan

shall

beimplemented and certified by a County- .approved landscape architect and shal lbe

subject to the

approval of theDirector of Planning .

Applicant/Owner

Prior to finalbuildinginspection /occupancy .

21 . 2 . PDSP003- CYPRESS TREES (NON-STANDARDCONDITION)In order to minimize impacts to visual resources, th eapplicant shall arrange for all mature cypress tree slocated in proximity to the proposed development to beadequately protected from grading and constructionactivities . Protective measures recommended in the tre eevaluation prepared by Forest City Consultant, date dSeptember 25, 2007, shall be reviewed and established b ythe

contractor

in

consultation

with

a

qualifiedforester/arborist immediately prior to commencement o fexcavation operations . Measures such as :

Evidence of adequate protection an dstaging areas shall be submitted to theDirector of Planning for review andapproval . Accompanying this evidenc eshall be

a letter

from a

Countyapproved forester/arborist which state sthat

written

agreement

with

thecontractor

states

adequate

treeprotection measures are in place .


Applicant/owner

Prior to theissuance of agrading orbuildingpermit .


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temporary support staking, can be used to help

support trees 1 and 2 while they grow new roots .

This staking should not be permanent and shal l

be installed in accordance with the American

National Standards Institute (ANSI) standard s

A300

(part

3)

Support

Systems

Cabling,

Bracing and Guying .

This temporary cabling

will further reduce the risk of tree failure .

•

Crown reduction can also reduce the potential

for tree failure .

•

A common type

of root damage

during

construction occurs when heavy equipment i s

used to dig under the drip lines of trees . Hand

digging a trench to a depth of 36 inches along

the

edge

of the proposed excavation will

eliminate this risk.

•

All roots in the critical root zone should be cut by

hand to avoid damage ; Foliage pruning should

meet ANSI A300 (part 1) pruning standards;

•

Tree protection fencing should be installed ,

•

and all heavy equipment should be kept out of the

area between Scenic Road and the excavation line

shall be implemented .

In addition, grading and

construction vehicles and equipment staging shall

be sited in order to minimize their visibility from

the public viewshed .

(RMA - Planning

Department)

A

letter

from

a

County-approved

forester/arborist shall be submitted to

the Director of Planning which states

that

monitoring

by

the

Forester

confirms

construction

and

grading

operations did not impact the cypress

trees more than allowed from the report

recommendations. Any further impacts

shall require additional mitigation in

accordance with an arborist report and

shall be subject to the approval of the

Director of Planning .

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Owner

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building

inspection/

occupancy .


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22 . 3 . PDSP004-

DESIGN

TECHNIQUES

(NON-

STANDARD CONDITION)

In order to ensure that the residence will blend into the

surrounding natural landscape, the applicant shall utiliz e

appropriate design techniques and materials and colors

which will achieve this effect. Specifically, the applicant

shall add corbels, use appropriate earth tone painte d

materials and colors such as a natural beige siding with a

slightly lighter beige trim allowing the trim to pop out

and reduce mass, with bronze doors and windows and

natural cast stone paneling, mouldings and balusters to

provide shadowing and a staggering appearance .

In

addition, roof eaves will be of a rolled appearance in

order to reduce the visual thickness of the roof and

further blend the residence into the natural landscape . "

In addition, all exterior lighting shall be unobtrusive,

harmonious with the local area, and constructed or locate d

so that only the intended area is illuminated and off-site

glare is fully controlled. Exterior lighting shall be placed

at near-ground level, downcast, and shielded behin d

vegetation and walls. . (RMA - Planning Department)

Evidence regarding implementation of

appropriate design techniques, material s

and colors, and exterior lighting shall b e

submitted to the Director of Planning for

review and approval,


Applicant/

Owner

Prior to the

issuance of a

grading or

building

permit.

23 . 4 PDSP005-

ARCHAEOLOGICAL

RESOURCE S

(NON-STANDARD CONDITION)

To reduce potential impacts to cultural resources, th e

following measures shall be followed during projec t

construction as recommended in the Archaeological

Report:

1) the presence of a qualified archaeological

monitor during demolition and construction activitie s

that involve earth disturbance in order to evaluate the

presence of cultural materials and/or human remains ; 2)

the sampling of midden soil during monitoring in order

to examine and recover any smaller cultural material s

that would not be readily apparent during typical

construction excavation activities ; and 3) the halting of

Evidence of archeological monitoring

shall be submitted to the Director o f

Planning

for review

and

approval .

Accompanying this evidence shall be a

letter

from

a

County-approved

archeologist

which

states

that

monitoring measures are in place so as

not to adversely affect the cultural

resources

during

excavation

and

construction operations .


Applicant/

Owner

Prior to the

issuance of a

grading or

building

permit.


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construction work in the event that archaeologicalresources or human remains are accidentally discoveredin order to evaluate the find for potential significance .(RMA - Planning Department)

24 . 5 . PDSP006- PROTECTIVE STABIT,ZATION (NON - The applicant shall submit evidence Applicant/ Prior toSTANDARD CONDITION)In order to avoid impacts to the Kuster House durin gconstruction, the contractor shall stabilize earth alongproperty lines during excavation and construct appropriat eretaining

walls

at

the

beginning

of

construction .Protective stabilization techniques and retaining wall sshall be reviewed and established by the contractor i nconsultation with a qualified engineer immediately prior t ocommencement of excavation operations .

(RMA -Planning Department)

demonstrating

that

adequatestabilization protection measures andretaining walls will be implementedduring all grading activities subject tothe review and approval by the Directo rof Planning .

Accompanying

thisevidence shall be a letter from th eproject

engineer

which

states

thatadequate protection measures are inplace so as not to adversely affect theneighboring

Kuster

House

duringexcavation operations.

Owner commence-ment ofconstructionactivities ,includinggrading .

25 . 6 . PDSP007- GROUNDBOURNE VIBRATION (NON - Evidence

of

adequate

protection Applicant/ Prior to theSTANDARD CONDITION)In

order to

minimize

impacts

from groundbornevibration to the Kuster House during construction, th econtractor shall monitor the affects on the Kuster Houseby utilizing crack cages during basement and retainingwall excavation on a daily basis as recommended in theletter report prepared by Haro, Kasunich and Associates ,Inc ., for the project . If the cages indicate excessivevibration is occurring the construction operation will b eadjusted to minimize the vibration to acceptable levels .(RMA - Planning Department)

measures

to

control

excavationvibrations shall be submitted to th eDirector of Planning for review andapproval . Accompanying this evidenceshall be

a letter

from the projectengineer which states that adequateprotection measures are in place so asnot to adversely affect the neighborin gKuster

House

during

excavationoperations .

Owner issuance of agrading orbuildingpermit,


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26 . PD047 — DEMOLITION/DECONSTRUCTION O F

STRUCTURES (MBUAPCD RULE 439)In accordance with Monterey Unified Air Pollutio n

Control District Rule 439, construction plans shall includ e"Demolition and Deconstruction" notes that incorporat e

the following work practice standards :

Applicant shall incorporate a"Demolition/ Deconstruction" note on

the demolition site plan that includes ,

but is not limited to, the standards setforth in this condition.

Contractor/Owner/

Applicant

Prior to theissuance of a

demolition

permit

1 .

Sufficiently wet the structure prior to

deconstruction or demolition. Continue wetting asnecessary during active deconstruction o rdemolition and the debris reduction process ;

2,

Demolish the structure inward toward the

building pad. Lay down roof and walls so tha t

they fall inward and not away from the building;3 .

Commencement of deconstruction or demolitionactivities shall be prohibited when the peak win dspeed exceeds 15 miles per hour .

All Air District standards shall be enforced by the AirDistrict.

(RMA — Planning Department)

Contractor shall obtain any requiredAir District permits and conduct al ldeconstruction or demolition activitie sas required by the Air District .

Contracto r

/Owner/Applicant/

Air

District

During

demolition


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PLANNER : BECKER