Title
Adopt Resolution amending Resolution No. 13-006 to remove Condition 6.
(Lot Line Adjustment - PLN120746/Sea Mist Farms LLC, Desert Mist LLC, Desert Mist Farms LLC, [Sea Mist et al.] River Road, adjacent to Somavia Road, Chualar, Toro Area Plan & Central Salinas Valley Area Plan within the Agricultural and Winery Corridor Plan)
Report
PROJECT INFORMATION:
Planning File Number: PLN120746
Owner: Sea Mist Farms LLC, Desert Mist LLC, and Desert Mist Farms LLC.
Project Location: along River Road, adjacent to Somavia Road, Chualar
APN: 167-081-006-000, 167-011-013-000, 167-011-015-000,137-151-006-000, 137-151-007-000 and 137-051-008-000
Agent: Michael D. Cling, Esq.
Plan Area: Toro Area Plan & Central Salinas Valley Area Plan within the Agricultural and Winery Corridor Plan (AWCP)
Flagged and Staked: No
CEQA Action: Categorically Exempt per Section 15305(a)
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt Resolution amending Resolution No. 13-006 to remove Condition 6.
SUMMARY/DISCUSSION:
On January 15, 2013, the Board of Supervisors approved a Lot Line Adjustment between four (4) existing adjoining parcels. The Lot Line Adjustment was approved to reduce a 373.66 acre parcel to a 359.44 acre parcel; increase a 0.84 acre parcel to a 14.22 acre parcel; reduce a 30.7 acre parcel (of which a 7.42 acre portion was then partially under Williamson Act Land Conservation Contract No. 73-12) to a 6.28 acre parcel (Lot 3); and increase a 29.3 acre parcel to a 54.56 acre parcel and officially rescind Agricultural Preserve No. 83-05 and Land Conservation Contract No. 83-05 as applicable to the property within existing Farmland Security Zone Contract No. 2012-010.
After the January 15, 2013 hearing, the Owner/Applicants' representative requested the removal of Condition No. 6, which provided that, "Condition/Mitigation Monitoring Measure: The applicant/owner shall have a B-6 overlay placed on the property to limit any further subdivision of said property. Compliance or Monitoring Action to be Performed: Prior to recordation of the Certificates of Compliance, the applicant shall submit an application for a B-6 zoning overlay request." The Monterey County Code (MCC), Title 21, Zoning Ordinance, at MCC Section 21.42.030.F. B-6.1. provides that, "The lots as shown on the recorded final map or parcel map may not be further subdividedÂ…." However, no final map or parcel map is required for Lot Line Adjustments pursuant to California Government Code Section 66412(d) (Map Act Exclusions - Lot Line Adjustments). Further, no subdivision of the subject property was considered on January 15, 2013. In this case, the Owner/Applicants originally applied for a Lot Line Adjustment and Minor Subdivision of the subject property. Condition No. 6, which would have required that the applicant apply for a B-6 overlay over the entire property which was the subject of the Lot Line Adjustment, was inadvertently included in Staff's recommendation. Therefore, Staff recommends the removal of Condition No. 6 and the adoption of a Resolution to revise Resolution No. 13-006 to remove Condition No. 6.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Environmental Health Bureau
Public Works Department
Water Resources Agency
North County Fire Protection District
North County Coastal Land Use Advisory Committee
FINANCING:
Three (3) of the parcels (Parcel MM, Parcel DD and Parcel GG) are currently under Farmland Security Zone Contract No. 2012-10. Funding for staff time associated with this project is included in the FY 2012-2013 Adopted Budget for the Planning Department.
Prepared by: Valerie Negrete, Assistant Planner ext. 5227
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
<mailto:> Benny Young, Director Resource Management Agency
cc: Front Counter Copy; Laura Lawrence, Planning Services Manager; Michael D. Cling, Esq, Owner/Applicants' Representative; Applicant/Owners (Smith et al); Agricultural Preserve Review Committee (Steve Mason, Planner - Planning Department, Gregg MacFarlane, Sr. Agricultural Appraiser - Assessor-Recorder's Office, Robert A. Roach, Assistant Agricultural Commissioner - Agricultural Commissioner's Office, Mary Grace Perry, Deputy County Counsel - Office of the County Counsel), The Open Monterey Project; LandWatch; Project File PLN120746
The following attachments on file with the Clerk of the Board:
Attachment A Board of Supervisors Resolution No. 13-006
Attachment B Proposed Resolution to revise Resolution No. 13-006
Exhibit B-1 - Lot Line Adjustment Map
Exhibit B-2 - Revised Monterey County Planning Department Conditions of Approval/Mitigation Monitoring Plan for PLN120746
Exhibit B-3 - Vicinity Map
Attachment C Letter from Michael D. Cling, Esq. requesting removal of Condition No. 6 (B-6 Overlay)