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SRSSa_PLN020280.Carmel Valley Ranch

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					                    MONTEREY COUNTY SUBDIVISION COMMITTEE
MEETING: March 11, 2004                                         AGENDA NO.: 1
SUBJECT: Carmel Valley Ranch, PLN 020280 - Combined Development Permit consisting of :
         1) Standard Subdivision Vesting Tentative Map for the subdivision of an existing,
         approximately 218-acre parcel into 12 residential lots approximately 6.8 to 16.9 acres
         in size and 4 open space parcels totaling approximately 99 acres; 2) Use Permit for
         development on slopes greater than 30% for construction of an access road; 3) Use
         Permit for removal of 193 protected oak tress; 4) Zoning Reclassification to rezone 11
         existing lots in the Oakshire subdivision from "MDR/5-D-S" (Medium Density
         Residential) to "O-D-S" (Open Space); and 5) Assignment of the "LDR/B-6-D-S"
         zoning classification (Low Density Residential with Building Site, Design and Site
         Review overlays) to the residential portion of the proposed subdivision and the "O-D-
         S" zoning classification (Open Space with Design and Site R       eview overlays) to the
         open space portions of the subdivision. The project site is the area designated as "Land
         Reserve" in the Carmel Valley Ranch Specific Plan (Assessor's Parcel Numbers 416-
         522-020-000 & 416-522-017-000) located in the southwestern portion of the Carmel
         Valley Ranch with portions fronting on Robinson Canyon Road, Carmel Valley Master
         Plan.
DEPARTMENT: Planning and Building Inspection

RECOMMENDATION:
Staff recommeds that the Subdivision Committee recommend to the Planning Commission: 1) adoption
of the Negative Declaration in Exhibit "D" and 2) approval of the Combined Development Permit
subject to recommended Findings and Evidence contained in Exhibit "B" and subject to the
recommended Conditions of Approval contained in Exhibit "C."

SUMMARY:
The proposed project includes two basic components:

1) Subdivision of the 218-acre area designated as “Land Reserve” in the Carmel Valley Ranch Specific
Plan into 12 residential lots and 4 open space lots, including development of stormwater drainage,
sewage disposal and potable water facilities as well as the main vehicular access road. No specific
locations are proposed for vehicular access driveways to the individual lots. Development of the project
as proposed would result in the removal of an estimated 193 protected Oak trees. All utilities would be
located underground along the proposed access road.

2) Zoning Reclassification of 11 existing vacant lots in the area designated as “Residential Area D”
(Oakshire) in the Carmel Valley Ranch Specific Plan, from the “MDR/5-D-S” (Medium Density
Residential) Zoning District to the “O” (Open Space) Zoning District.

DISCUSSION:
Please refer to the Initial Study/Negative Declaration (Exhibit F) for a full project description and to
Exhibit A for additional discussion.

OTHER AGENCY INVOLVEMENT:
The application was reviewed by the Monterey County Water Resources Agency, Environmental
Health Division, Public Works Department, Parks Department, and the Carmel Valley Fire District. The
Carmel Valley Land Use Advisory Committee reviewed the project and recommended its approval (4-
0 vote with one abstention) with the recommendation that water availability by stipulated and that a
preferred access road be recommended by the County (Exhibit "G").


Luis A. Osorio
Senior Planner
March 5, 2004
 cc:    Subdivision Committee Members; County Counsel; Health Department; Public Works; Monterey
        County Water Resources Agency; Carmel Valley Fire District; Scott Hennessy; Ann Towner;
        Lynne Mounday; Luis A. Osorio; Linda Rotharmel; Applicant; Representative;

Attachments:     Exhibit "A"    Discussion
                 Exhibit “B”    Location Map; Tentative Map
                 Exhibit "C"    Project Data Sheet
                 Exhibit "D"    Recommended Findings and Evidence
                 Exhibit "E"    Recommended Conditions of Approval
                 Exhibit "F"    Initial Study and Negative Declaration
                 Exhibit "G"    Land Use Advisory Committee Comments/Recommendation




                                                   2
                                            EXHIBIT “A”

SUBDIVISION DEVELOMENT IN CARMEL VALLEY
The review and analysis of the proposed project must be done within the frame and perspective of the
Board of Supervisors’ Resolution No. 02-024 adopted on January 22, 2002. This Resolution contains
policy direction to staff and guidance to the Planning Commission to disapprove subdivisions proposed
in the Carmel Valley Master Plan area. Specifically, the Resolution states that residential and
commercial subdivisions proposed in the Carmel Valley Master Plan be denied, pending the
construction of several improvements to Carmel Valley Road, construction of capacity-increasing
improvements in certain areas of State Highway 1 and the adoption of adoption of updated General
Plan/Master Plan policies relating to the Level of Service of Carmel Valley Road.

While the proposed application includes a 12-lot subdivision of an existing undeveloped parcel
(identified as the Land Reserve Area in the Carmel Valley Ranch Specific Plan), it does not include
creation of new lots per se. Eleven of the lots would substitute eleven existing undeveloped lots in the
Oakshire subdivision of the Ranch which would be rezoned to Open Space if the project if approved;
the 12th lot already exists as the subject lot to be divided. From this point of view, the application is not
subject to the current policy of the Board of Supervisors because no new lots would be added to the
area of the Carmel Valley Master Plan.

ENVIRONMENTAL REVIEW
Aside from the development-specific potential impacts on the subject site, al potential impacts from the
project must be considered from a comparative point of view with the potential impacts from the
development of the existing lots of record. In other words, the development potential and impacts (i.e.
traffic, tree removal, water use, etc.) of the existing lots would be transferred to the subject site. The
Initial Study prepared for the project did not identify any potential significant impacts on the subject site.
Impacts from the two potential development scenarios are not significant. The subdivision plans have
been designed by the applicant and revised per recommendations by staff to comply with the policies of
the Carmel Valley Master Plan and the Zoning Ordinance.

Three development aspects of the proposed subdivision are highlighted when compared to those of the
potential development of the existing lots: tree removal, grading and vehicular traffic. The proposed
project would require removal of an estimated 193 Oak trees, while development of the existing lots
would require removal of an estimated 152 Oak trees; also, development of the access road for the
proposed subdivision would require grading of approximately 17,000 cubic yards of material (cut and
fill) while grading of the existing lots would be significantly less than that amount. Finally, the size of the
proposed parcel would lend to development of habitable accessory structures (senior citizen units and
caretaker units) which development w      ould hardly be possible on the existing lots because of physical
and zoning constraints; therefore the project could result in the creation of additional vehicular traffic in
contradiction of the policy of the Board of Supervisors mentioned above. To avoid this potential for
additional traffic, staff is recommending that limitations be imposed on the parcels in the proposed
subdivision to prohibit development of such habitable structures.
WATER


                                                      3
Potable water for the proposed parcels would be provided from e    xisting water credits from other
approved but undeveloped projects within the Carmel Valley Ranch. The Water Resources Agency has
confirmed that these credits are current.

VISUAL RESOURCES
Portions of the subject site, including the area of the proposed access road are located in areas
designated as visually sensitive in the greater Monterey Peninsula Area Plan. The majority of these areas
are proposed as open space parcels in the subdivision. The designated lots and building envelopes
contain sufficient areas for development that are not in the visually sensitive areas. The proposed access
road would meander through a wooded area where its development would not result in significant visual
impacts, as it would be screened from view from Carmel Valley Road and other areas of the Ranch by
trees.




                                                    4
                                      EXHIBIT "D"
                     RECOMMENDED FINDINGS AND EVIDENCE

1. FINDING: The project proposed in this application consists of a Combined Development Permit
            and Vesting Tentative Map (Carmel Valley Ranch – PLN020280). As described in
            condition #1 of the attached Exhibit “E,” and as conditioned, the project conforms with
            the plans, policies, requirements and standards of the Monterey County Subdivision
            Ordinance (Title 19), the General Plan, the Carmel Valley Master Plan, the Carmel
            Valley Ranch Specific Plan and the Monterey County Zoning Ordinance (Title 21). The
            project site is the area designated as "Land Reserve" in the Carmel Valley Ranch
            Specific Plan (Assessor's Parcel Numbers 416-522-020-000 & 416-522-017-000),
            located in the southwestern portion of the Carmel Valley Ranch (Assessor's Parcel
            Numbers 416-522-020-000 & 416-522-017-000) with portions fronting on Robinson
            Canyon Road, Carmel Valley Master Plan. The parcel is designated as the “Land
            Reserve” in the Carmel Valley Ranch Specific Plan for development of up to 100 single
            family residential units.
  EVIDENCE: The Planning and Building Inspection staff reviewed the project, as contained in the
            application and accompanying materials, for conformity with:
              a) The Carmel Valley Master Plan
              b) Carmel Valley Ranch Specific Plan
              c) Chapters of the Monterey County Zoning Ordinance: 21.14 (Regulations for Low
                  Density Residential Zoning Districts); 21.38 (Regulations for Open Space Zoning
                  Districts); 21.64.30 (Development on Slopes in Excess of 30%); 21.64.260
                  (Preservation of Oak and Other Protected Trees); 21.66.020 (Standards for
                  Environmentally Sensitive Habitats).
              d) Chapter 19.05 of the Monterey County Subdivision Ordinance.
  EVIDENCE: The application includes assignment of the "LDR/B-6-D-S" zoning classification (Low
            Density Residential with Building Site, Design and Site Review overlays) to the
            residential portion of the proposed subdivision and the "O-D-S" zoning classification
            (Open Space with Design and Site Review overlays) to the open space portions of the
            subdivision. Assignment of these zoning classifications would assure that the project
            complies with the land use and zoning regulations of the Carmel Valley Master Plan and
            the General Plan.
  EVIDENCE: The proposed development has been reviewed by the Monterey County Planning and
            Building Inspection Department, Water Resources Agency, Public Works Department,
            Environmental Health Division, Parks and Recreation Department, and the Carmel
            Valley Fire District. There has been no indication from these agencies that the site is not
            suitable for the proposed development. The Initial Study demonstrates that no physical
            or environmental constraints exist that would indicate the site is not suitable for the
            proposed development. Each agency has recommended conditions for subdivision
            improvements.




                                                5
  EVIDENCE: The California American Water Company has indicated that the project site is within its
            water and sanitary sewer service area and that it would provide these services to the
            proposed project.
  EVIDENCE: The Carmel Valley Land Use Advisory Committee recommended approval of the
            project on March 1, 2004, by a 4-0 vote with one abstention.
  EVIDENCE: Written and verbal public testimony submitted at public hearings before the decision-
            making body.
  EVIDENCE: The on-site inspection of the subject parcel by the project planner.
  EVIDENCE: The application, plans and support materials found in the project file.

2. FINDING:      The proposed project, including all permits and approvals, will not have any significant
                 adverse impacts on the environment and a Negative Declaration has been prepared and
                                                          n
                 is on file in the Planning and Building I spection Department (File # PLN020280).
                 Potential environmental effects have been studied and there is no substantial evidence in
                                                                             h
                 the record, as a whole, that supports a fair argument t at the project, as designed,
                 mitigated and conditioned, may cause a significant effect on the environment.

                 The Negative Declaration reflects the independent judgment and analysis of the County
                 based upon the findings and conclusions drawn in the Initial Study and in consideration
                 of testimony and information received, and scientific and factual data presented in
                 evidence during the public review process. Conditions of project approval and/or
                 Mitigation measures have been identified in the Initial Study, incorporated into the
                 project, and agreed to by the applicant, to reduce any impact to an insignificant level.
                 These Conditions of project approval and/or Mitigation measures have been included
                 into the recommended conditions of approval for the project.

            The custodian of the documents and materials that constitute the record of proceedings
            upon which the adoption of the Negative Declaration is based is the Monterey County
            Planning and Building Inspection Department located at 2620 1st Avenue, Marina, CA.
            No facts, reasonable assumptions predicated on facts, testimony supported by
            adequate factual foundation, or expert opinions supported by facts have been submitted
            that refute the conclusions reached by these studies, data, and reports. Nothing in the
            record alters the environmental determination, as presented by staff, based on
            investigation and the independent assessment of those studies, data, and reports.
  EVIDENCE: County staff prepared an Initial Study for the project in compliance with the California
            Environmental Quality Act (CEQA), its Guidelines, and the Monterey County CEQA
            Guidelines. The Initial Study provided substantial evidence that the project, with the
            addition of conditions of approval and/or mitigation measures, would not have significant
            environmental impacts. A Negative Declaration was filed with the County Clerk on
            January 26, 2004 and noticed for public review. All comments received on the Initial
            Study have been considered as well as all evidence in the record, which includes
            studies, data, and reports supporting the Initial Study; additional documentation
            requested by staff in support of the Initial Study findings; information presented or


                                                6
                 discussed during public hearings; staff reports that reflect the County’s independent
                 judgment and analysis regarding the above referenced studies, data, and reports;
                 application materials; and expert testimony. Among the studies, data, and reports
                 analyzed as part of the environmental determination are the following:

                 a) The project plans and application materials.
                 b) Rogers E. Johnson & Associates, Preliminary Geologic Investigation, Carmel
                    Valley Ranch Reserve, February 17, 2003.
                 c) Haro, Kasunich & Associates Inc., Preliminary Geotechnical Feasibility Report,
                    Carmel Valley Ranch Reserve, February, 2003.
                 d) Stephen R. Staub, Forest Management Plan for Carmel Valley Ranch 12 Lot
                    Subdivision, February 2003.
                 e) Archaeological Consulting, Preliminary Archaeological Reconnaissance for the
                    Watt Property at Carmel Valley Ranch, February 28, 2003.
                 f) Hexagon Transportation Consultants, Inc., Traffic Study, Carmel Valley Ranch
                    Residential Development, June 16, 2003.
                 g) Rana Creek Habitat Restoration, Carmel Valley Ranch Parcel 6 Biological
                    Assessment, May 30, 2003.
                 h) March 1, 2004 memorandum from Tom Moss, Monterey County Water Resources
                    Agency stating availability of 8.802 acre feet of water necessary for development of
                    the project.

  EVIDENCE: Studies, data, and reports prepared by staff from various County departments including
            Planning and Building Inspection, Public Works, Environmental Health and the
            Monterey County Water Resources Agency support the adoption of the Negative
            Declaration.

3. FINDING: For purposes of the Fish and Game Code, the project will not have a potential for
            adverse impact on fish and wildlife resources upon which the wildlife depends.
  EVIDENCE: Staff analysis contained in the Initial Study and the record as a whole indicates the
            project would not result in changes to the resources listed in Section 753.5(d) of the
            Department of Fish and Game regulations. (Provide brief explanation – use
            conclusions & evidence contained in #24 of the Initial Study, or other evidence
            contained in the record as a whole.)
  EVIDENCE: Initial Study and Negative Declaration contained in the project file.

4. FINDING: That in approving the parcel map, the decision-making body has balanced the housing
            needs of the County against the public service needs of its residents and available fiscal
            and environmental resources.
  EVIDENCE: Approval of the project is conditioned to comply with the requirements of the
            Inclusionary Housing Ordinance.




                                                7
5.   FINDING:  The proposed project is consistent with the current policy of the Board of Supervisors
               Board of Supervisors (Resolution No. 02-024) of denying new residential and
               commercial subdivisions that would generate additional vehicular traffic on Carmel
               Valley Road and State Highway One, pending construction of certain highway/road
               capacity-infrastructure improvements to portions of those roads.
     EVIDENCE: Traffic Study prepared for the project by Hexagon transportation Consultants, dated
               June 16, 2003.
     EVIDENCE: The proposed project would not result in the creation of additional lots.
     EVIDENCE: To avoid the generation of additional vehicular traffic and to maintain the existing levels
               of service on Carmel Valley Road and Highway 1, the project is conditioned to prohibit
               development of habitable accessory structures (senior citizen units and caretaker units)
               on the proposed lots (Recommended Condition of Approval No. 14). This limitation is
               consistent with the limitations of the existing lots for development of this kind of
               structures that result from physical constraints (lot size and topography) and which
               would prevent their development.

6. FINDING:    Removal of an estimated 193 Oak trees is the minimum required under the
               circumstances of the proposed project.
     EVIDENCE: Development of the 11 existing lots in the Oakshire area would require removal of an
               estimated 152 Oak trees. Removal of the estimated 193 Oak trees as part of the
               proposed subdivision would result in removal of an additional 41 Oak trees anticipated
               for the existing lots.
     EVIDENCE: The proposed lot lay out and road configuration would allow for consideration of
               building sites as well as design and construction methods that would reduce the number
               of trees to be removed.
     EVIDENCE: Approval of the project is conditioned to reduce the size of the proposed building
               envelopes on lot Nos. 4, 5, 6 and 7 in order to exclude oak woodland areas in these
               lots from them (Recommended Condition No. 10).

7. FINDING:    There is no feasible alternative location that would allow development of the proposed
               access road on slopes less than 30% and development of the access road on t e            h
               proposed road alignment better achieves the goals, policies and objectives of the
               General Plan and the Carmel Valley Master Plan.
     EVIDENCE: The only alternative location for an access road to the site would be the existing dirt
               access road. Because of geologic conditions and constraints (slumps and debris flow)
               identified in the Preliminary Geologic Investigation prepared for the project, the existing
               access road to the site can not be improved and widened to meet fire accessibility
               standards. In addition, improvement of the existing road would impact an identified
               seasonal wetland alongside.
     EVIDENCE: Development of the project’s access road on the proposed alignment over short
               stretches of slopes over 30% would prevent the worsening of geologic constraints in the
               area of the existing dirt access road. Improvement of this road would be the only
               alternative for development of the access road.


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8. FINDING: Based upon the Monterey Peninsula Water Management District's (“District”) water
            allotment system, the County of Monterey ("County") has established a system of
            priority distribution of water allocation for properties within its own jurisdiction. Current
            information available to the County indicates that the County's share of water under the
            District's allotment system, over which the County has no control, has been exhausted
            to the point that the County is unable to assure that property owners who do or have
            obtained development permits for their properties will be able to proceed with their
            development projects.
  EVIDENCE: Memorandum from the Water Resources Agency dated March 1, 2004, which states
            that water from previously approved but undeveloped projects within the Carmel Valley
            Ranch is available for re-allocation to the proposed project and therefore development
            of the project will result in a net increase of zero acre feet per year of water and is
            consistent with the Monterey Peninsula Water Management District’s Ordinance #70
            and the Board of Supervisors’ action dated October 11, 1994.
  EVIDENCE: Staff report, oral testimony at the hearing; administrative record.

9. FINDING: In view of the preceding finding, and the fact that the present application for a use
            permit otherwise meets all County requirements, the County approves the application
            subject to determination by the Monterey County Water Resources Agency, in the form
            of a water availability certification, that water is available for the project and the
            applicant's being able to obtain a water permit from the District.
  EVIDENCE: Staff report, oral testimony at the hearing; administrative record.

10. FINDING:That none of the findings found in Section 19.04.025.I of the Subdivision Ordinance can
            be made.
  EVIDENCE: Section 19.04.025.I requires that the subdivision be denied if any one of the findings are
            made. Planning staff has analyzed the project against the findings for denial outlined in
            this section. The map and its design and improvements are consistent with the County
            General Plan and the applicable Area Plan. No specific plan has been prepared for this
            area. The site has been determined to be physically suitable for the type and density of
            development (see Evidence below). The design and improvements are not likely to
            cause substantial environmental damage, substantially and avoidably injure fish or
            wildlife or their habitat, or cause serious public health problems as demonstrated in the
            Negative Declaration adopted for this project. The design and improvements will not
            conflict with easements for access through or use of property within the proposed
            subdivision. Planning staff reviewed the Title Report and applicable recorded
            documents to identify all easements and ensure that the project does not conflict with
            existing easements.
  EVIDENCE: The property provides for adequate building sites as evidenced by the application
            materials submitted for the project.
  EVIDENCE: The application, plans, and support materials, including the technical background
            reports submitted by the project applicant to the Monterey County Planning and


                                                 9
             Building Inspection Department for the proposed development. The report(s)
             concluded the site is suitable for proposed development, subject to recommendations
             for construction. The reports are contained in the project file and are listed under
             Finding/Evidence No. 2 above.
   EVIDENCE: 1) The on-site inspection of the parcel by the project planner.
             2) Maps and application contained in the project file.

11. FINDING: The establishment, maintenance, or operation of the use or building applied for will not,
             under the circumstances of the particular case, be detrimental to health, safety, comfort,
             peace, morals and general welfare of persons residing or working in the neighborhood
             or to the general welfare of the County.
   EVIDENCE: The project as described in the application and accompanying materials was reviewed
             by the Planning and Building Inspection Department, Health Department, Public Works
             Department, Water Resources Agency and the Carmel Valley Fire Protection District.
             The respective Departments have recommended conditions, where appropriate, to
             ensure that the project will not have an adverse effect on the health, safety, and welfare
             of persons either residing or working in the neighborhood; or the County in general.
   EVIDENCE: Approval of the project, including adoption of the Negative Declaration, includes
             conditions of approval that address potential impacts to Aesthetics, Biological
             Resources, Geology/Soils, Hydrology/Water Quality and Transportation/Traffic. No
             other significant issues have been identified for the project.

12. FINDING: The site is suitable for the use proposed.
    EVIDENCE: There has been no testimony received either written or oral, during the course of public
              hearings to indicate that the site is not suitable for the project. Necessary public
              facilities are available for the use proposed. The project has been reviewed by the
              Monterey County Planning and Building Inspection Department, Water Resources
              Agency, Public Works Department, Health Department and the Salinas Rural Fire
              District. There has been no indication from those agencies that the site is not suitable.
              There are no physical or environmental constraints such as geologic or seismic hazard
              areas or similar areas that would indicate the site is not suitable for the use proposed.




                                                10
                                                                                          Project Name: Carmel Valley Ranch 12-Lot Subdivision
     Monterey County Planning and Building Inspection
Mitigation Monitoring / Condition Compliance Reporting Plan                                   File No: PLN020280 APN: 416-522-020-000; 416-522-017-000

                                                                                                        Approval by: Planning Commission           Date:


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



                                                                                 Compliance or Monitoring Actions                                              Verification
   Permit
          Mitig                                                                  to be performed. Where applicable,      Responsible Party                          of
   Condit          Impact Addressed, and Responsible Land Use Department                                                                         Timing
           .#                                                                     a certified professional is required    for Compliance                       Compliance
   ion #
                                                                                       for action to be accepted.                                              (name/date)
                                                                           Compliance or Monitoring Actions                                                Verification
Permit
       Mitig                                                               to be performed. Where applicable,      Responsible Party                            of
Condit          Impact Addressed, and Responsible Land Use Department                                                                       Timing
        .#                                                                  a certified professional is required    for Compliance                         Compliance
ion #
                                                                                 for action to be accepted.                                                (name/date)

  1            PBD029 - SPECIFIC USES ONLY                                  Adhere to conditions and uses          Owner/              Ongoing unless
               This Combined Development Permit (PLN020280) allows specified in the permit.                        Applicant           other-wise stated
               a 12-lot subdivision. The site is the Land Reserve area of
               the Carmel Valley Ranch Specific Plan. This permit was
               approved in accordance with County ordinances and land
               use regulations subject to the following terms and
               conditions. Neither the uses nor the construction allowed
               by this permit shall commence unless and until all of the
               conditions of this permit are met to the satisfaction of the
               Director of Planning and Building Inspection. Any use or
               construction not in substantial conformance with the
               terms and conditions of this permit is a violation of County
               regulations and may result in modification or revocation of
               this permit and subsequent legal action. No use or
               construction other than that specified by this permit is
               allowed unless additional permits are approved by the
               appropriate authorities.       (Planning and Building
               Inspection)




                                                                               12
                                                                            Compliance or Monitoring Actions                                                  Verification
Permit
       Mitig                                                                to be performed. Where applicable,      Responsible Party                              of
Condit          Impact Addressed, and Responsible Land Use Department                                                                         Timing
        .#                                                                   a certified professional is required    for Compliance                           Compliance
ion #
                                                                                  for action to be accepted.                                                  (name/date)

 2             PBD025 - NOTICE-PERMIT APPROVAL                              Proof of recordation of this notice Owner/                  Prior to Issuance
               The applicant shall record a notice which states: "A shall be furnished to PBI.                  Applicant               of grading and
               permit (Resolution _______) was approved by the                                                                          building permits or
               Planning Commission for Assessor's Parcel Numbers                                                                        start of use.
               416-522-020-000 & 416-522-017-000 on (DATE). The
               permit was granted subject to ____ conditions of
               approval which run with the land. A copy of the permit is
               on file with the Monterey County Planning and Building
               Inspection Department." Proof of recordation of this
               notice shall be furnished to the Director of Planning and
               Building Inspection prior to issuance of building permits or
               commencement of the use. (Planning and Building
               Inspection)




                                                                               13
                                                                               Compliance or Monitoring Actions                                                 Verification
Permit
       Mitig                                                                   to be performed. Where applicable,      Responsible Party                             of
Condit          Impact Addressed, and Responsible Land Use Department                                                                            Timing
        .#                                                                      a certified professional is required    for Compliance                          Compliance
ion #
                                                                                     for action to be accepted.                                                 (name/date)

 3             PBD016 - INDEMNIFICATION AGREEMENT                              Proof of recordation of the             Owner/              Prior to
               The property owner agrees as a condition and in                 Indemnification Agreement, as           Applicant           recordation of the
               consideration of the approval of this discretionary             outlined, shall be submitted to                             Final Map
               development permit that it will, pursuant to agreement          PBI.
               and/or statutory provisions as applicable, including but not
               limited to Government Code Section 66474.9, defend,
               indemnify and hold harmless the County of Monterey or
               its agents, officers and employees from any claim, action
               or proceeding against the County or its agents, officers or
               employees to attack, set aside, void or annul this approval,
               which action is brought within the time period provided for
               under law, including but not limited to, Government Code
               Section 66499.37, as applicable. The property owner will
               reimburse the county for any court costs and attorney’s
               fees which the County may be required by a court to pay
               as a result of such action. County may, at its sole
               discretion, participate in the defense of such action; but
               such participation shall not relieve applicant of his
               obligations under this condition. An agreement to this
               effect shall be recorded upon demand of County Counsel
               or concurrent with the issuance of building permits, use of
               the property, filing of the final map, whichever occurs first
               and as applicable. The County shall promptly notify the
               property owner of any such claim, action or proceeding
               and the County shall cooperate fully in the defense
               thereof. If the County fails to promptly notify the
               property owner of any such claim, action or proceeding or
               fails to cooperate fully in the defense thereof, the property
               owner shall not thereafter be responsible to defend,
               indemnify or hold the county harmless. (Planning &
               Building Inspection)                                               14
                                                                           Compliance or Monitoring Actions                                             Verification
Permit
       Mitig                                                               to be performed. Where applicable,      Responsible Party                         of
Condit          Impact Addressed, and Responsible Land Use Department                                                                       Timing
        .#                                                                  a certified professional is required    for Compliance                      Compliance
ion #
                                                                                 for action to be accepted.                                             (name/date)

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




                                                                               15
                                                                         Compliance or Monitoring Actions                                             Verification
Permit
       Mitig                                                             to be performed. Where applicable,      Responsible Party                         of
Condit          Impact Addressed, and Responsible Land Use Department                                                                     Timing
        .#                                                                a certified professional is required    for Compliance                      Compliance
ion #
                                                                               for action to be accepted.                                             (name/date)

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




                                                                            16
                                                                           Compliance or Monitoring Actions                                             Verification
Permit
       Mitig                                                               to be performed. Where applicable,      Responsible Party                         of
Condit          Impact Addressed, and Responsible Land Use Department                                                                       Timing
        .#                                                                  a certified professional is required    for Compliance                      Compliance
ion #
                                                                                 for action to be accepted.                                             (name/date)

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




                                                                              17
                                                                             Compliance or Monitoring Actions                                             Verification
Permit
       Mitig                                                                 to be performed. Where applicable,      Responsible Party                         of
Condit          Impact Addressed, and Responsible Land Use Department                                                                         Timing
        .#                                                                    a certified professional is required    for Compliance                      Compliance
ion #
                                                                                   for action to be accepted.                                             (name/date)

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




                                                                                18
                                                                                Compliance or Monitoring Actions                                                  Verification
Permit
       Mitig                                                                    to be performed. Where applicable,      Responsible Party                              of
Condit          Impact Addressed, and Responsible Land Use Department                                                                             Timing
        .#                                                                       a certified professional is required    for Compliance                           Compliance
ion #
                                                                                      for action to be accepted.                                                  (name/date)

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


                                                                                   19
                                                                            Compliance or Monitoring Actions                                                 Verification
Permit
       Mitig                                                                to be performed. Where applicable,      Responsible Party                             of
Condit          Impact Addressed, and Responsible Land Use Department                                                                         Timing
        .#                                                                   a certified professional is required    for Compliance                          Compliance
ion #
                                                                                  for action to be accepted.                                                 (name/date)

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



                                                                                20
                                                                           Compliance or Monitoring Actions                                                 Verification
Permit
       Mitig                                                               to be performed. Where applicable,      Responsible Party                             of
Condit          Impact Addressed, and Responsible Land Use Department                                                                        Timing
        .#                                                                  a certified professional is required    for Compliance                          Compliance
ion #
                                                                                 for action to be accepted.                                                 (name/date)

 16            PBD033 – UTILITIES – SUBDIVISION                           Place note on map or a separate          Applicant           Prior to
               A note shall be placed on the final map or a separate sheet and submit to PBI for                                       recordation of
               sheet to be recorded with the final map indicating that review and approval.                                            Final Map.
               "Underground utilities are required in this subdivision in
               accordance with Chapter 19.10.095, Title 19 of the
               Monterey County Code." Such facilities shall be installed
               or bonded prior to recordation of the Final Map. The note
               shall be located in a conspicuous manner subject to the
               approval of the Director of Public Works. (Planning and
               Building Inspection)
 17            PD            -INCLUSIONARY                 HOUSING Provide evidence of compliance                      Applicant       Prior to
               REQUIREMENTS                                            from the Environmental                                          recordation of
               The applicant shall comply with the requirements of the Resources Policy Division                                       Final Map.
               Inclusionary Housing Ordinance.
               (Planning and Building Inspection)
 18            PD – WATER TANK LOCATION                                    The Carmel Valle y Fire Protection          Applicant       Prior to
               The location of any water storage tanks required by the     District shall determine if storage                         recordation of the
               Carmel Valley Fire District for fire fighting shall be      tanks are necessary and                                     Final Map
               subject to all applicable zoning regulations and approved   determine their location.
               by the Director of Planning and Building Inspection.
               (Planning and Building Inspection)




                                                                               21
                                                                           Compliance or Monitoring Actions                                                 Verification
Permit
       Mitig                                                               to be performed. Where applicable,      Responsible Party                             of
Condit          Impact Addressed, and Responsible Land Use Department                                                                        Timing
        .#                                                                  a certified professional is required    for Compliance                          Compliance
ion #
                                                                                 for action to be accepted.                                                 (name/date)

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




                                                                               22
                                                                         Compliance or Monitoring Actions                                             Verification
Permit
       Mitig                                                             to be performed. Where applicable,      Responsible Party                         of
Condit          Impact Addressed, and Responsible Land Use Department                                                                     Timing
        .#                                                                a certified professional is required    for Compliance                      Compliance
ion #
                                                                               for action to be accepted.                                             (name/date)

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




                                                                            23
                                                                              Compliance or Monitoring Actions                                                Verification
Permit
       Mitig                                                                  to be performed. Where applicable,      Responsible Party                            of
Condit          Impact Addressed, and Responsible Land Use Department                                                                          Timing
        .#                                                                     a certified professional is required    for Compliance                         Compliance
ion #
                                                                                    for action to be accepted.                                                (name/date)

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




                                                                                 24
                                                                             Compliance or Monitoring Actions                                                 Verification
Permit
       Mitig                                                                 to be performed. Where applicable,      Responsible Party                             of
Condit          Impact Addressed, and Responsible Land Use Department                                                                         Timing
        .#                                                                    a certified professional is required    for Compliance                          Compliance
ion #
                                                                                   for action to be accepted.                                                 (name/date)

 23            WR32 - NOTICE OF WATER CONSERVATION                           Submit a recorded notice to the         Owner/              Recordation of the
               REQUIREMENTS                                                  Water Resources Agency for              Applic              notice shall occur
               A notice shall be recorded on the deed for each lot           review and approval.                                        concurrently with
                                                                                                                     ant
               stating: “All new construction shall incorporate the use of                                                               the final map
               low water use plumbing fixtures and drought tolerant          (A copy of the County’s standard
               landscaping, in accordance with County Water Resources        notice can be obtained at the
               Agency Ordinance No. 3932.” Prior to recordation of the       Water Resources Agency.)
               final map, a copy the completed notice shall be provided
               to the Water Resources Agency for approval. (Water
               Resources Agency)
 24            WR33 - LANDSCAPING REQUIREMENTS                               Submit the recorded notice to the Owner/                    Recordation of the
               A notice shall be recorded on the deed for each lot           Water Resources Agency for        Applicant                 notice shall occur
               stating: “The front yards of all homes shall be landscaped    review and approval.                                        concurrently with
               at the time of construction. Low water use or drought                                                                     the final map
               tolerant plants shall be used together with water efficient   (A copy of the County’s standard
               irrigation systems.” Prior to recordation of the final map,   notice can be obtained at the
               a copy the completed notice shall be provided to the          Water Resources Agency.)
               Water Resources Agency for approval.                (Water
               Resources Agency)
 25            WR – WATER USE INFORMATION
               The applicant shall provide to the Water Resources
               Agency a water balance analysis describing the pre-
               development and post-development water use on the
               property. Any proposed increase in the water use shall
               require the identification and implementation of mitigation
               measures, if feasible, by the applicant.



                                                                                25
                                                                          Compliance or Monitoring Actions                                                  Verification
Permit
       Mitig                                                              to be performed. Where applicable,      Responsible Party                              of
Condit          Impact Addressed, and Responsible Land Use Department                                                                       Timing
        .#                                                                 a certified professional is required    for Compliance                           Compliance
ion #
                                                                                for action to be accepted.                                                  (name/date)

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




                                                                             26
                                                                            Compliance or Monitoring Actions                                     Verification
Permit
       Mitig                                                                to be performed. Where applicable,      Responsible Party                 of
Condit          Impact Addressed, and Responsible Land Use Department                                                                   Timing
        .#                                                                   a certified professional is required    for Compliance              Compliance
ion #
                                                                                  for action to be accepted.                                     (name/date)

 28            PARKS DEPARTMENT
               The applicant shall comply with Section 19.12.010 –
               Recreation Requirements – of the Subdivision Ordinance,
               Title 19, Monterey County Code, by paying a fee in lieu of
               land dedication. The Parks Department shall determine
               the fee in accordance with Section 19.12.010 (D).
 29            PUBLIC WORKS
               The applicant shall file the Final Map with the Office of
               the County Surveyor


 30            PUBLIC WORKS
               The subdivider shall submit three copies of the approved
               Tentative Map to each of the following utility companies:
               Pacific Gas and Electric Company and SBC. Utility
               companies shall submit heir recommendations, if any, to
               the Director of Public Works for all required easements.
 31            PUBLIC WORKS
               All natural drainage channels shall be designated on the
               Final Map by easements labeled “Natural Drainage
               Easement.”




                                                                               27
                                                                              Compliance or Monitoring Actions                                     Verification
Permit
       Mitig                                                                  to be performed. Where applicable,      Responsible Party                 of
Condit          Impact Addressed, and Responsible Land Use Department                                                                     Timing
        .#                                                                     a certified professional is required    for Compliance              Compliance
ion #
                                                                                    for action to be accepted.                                     (name/date)

 32            PUBLIC WORKS
               The subdivider shall pay for all maintenance and operation
               of private roads, fire hydrants, street lights and storm
               drainage facilities from the time of installation until
               acceptance of improvements for the subdivision by the
               Board of Supervisors, as completed in accordance with
               the agreement and until a Homeowner’s Association or
               other agency with legal authorization to collect fees
               sufficient to support the services is formed to assume
               responsibility for the services.
 33            PUBLIC WORKS
               All streets and driveways within the subdivision shall be
               inspected by a registered Civil Engineer and certified as in
               conformance with the improvement plans.

 34            PUBLIC WORKS
               Cut slopes required for road construction shall not exceed
               1 ½ to 1 except as specifically approved in concurrence
               with the erosion control report and as shown on the
               erosion control plan. Slope rounding shall be a minimum of
               10 feet by 10 feet to include replacement of top soil (See
               also Item A in Condition No. 12)




                                                                                 28
                                                                            Compliance or Monitoring Actions                                                 Verification
Permit
       Mitig                                                                to be performed. Where applicable,      Responsible Party                             of
Condit          Impact Addressed, and Responsible Land Use Department                                                                         Timing
        .#                                                                   a certified professional is required    for Compliance                          Compliance
ion #
                                                                                  for action to be accepted.                                                 (name/date)

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




                                                                               29

				
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