COMPLETED RESOLUTION NO. 10-2�� �S-2
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No: 10 239
Continued from June 8, 2010 to. consider:
a. Appeal by Michael Moeller from the January 26, 2010 Planning Commission denial of an
application PLN060251/Moeller) for a Lot Line Adjustment and new single family
home;
b. Application for a Combined Development Permit consisting of: 1) Coastal Development
Permit for a Lot Line Adjustment consisting of an equal exchange of land between two
legal lots of record resulting in no change of area: Lot 5 APN: 243-181-005-000/192 San
Remo Road) has 0.61 acres and Lot 6 APN: 243-181-006-000/194 San Remo Road) has
0.85 acres; 2) Coastal Administrative Permit and Design Approval to allow the
construction of a three-story 3,994 square foot single family dwelling with a 643 square
foot three-car garage, 858 square feet of deck area, and grading approximately 523 cubic
yards of cut and 89 cubic yards of fill); 3) Coastal Development Permit for development
on slopes in excess of 30%; 4) Coastal Development Permit for the removal of nine
Monterey pine trees and eight coastal live oak trees;
c. Denial of a Fee Waiver request.
PLN060251/Moeller, 192 and 194 San Remo Drive, Carmel Area Land Use Plan,
Coastal Zone)
The Moeller application PLN060251) came on for a de novo hearing before the Monterey
County Board of Supervisors on April 6, May 11, June 8, and July 27, 2010. Having
considered all the written and documentary evidence, the administrative record, the staff
report, oral testimony, and other evidence presented, the Board of Supervisors finds and
decides as follows:
FINDINGS
1. FINDING: CONSISTENCY The Project is not consistent with the applicable
plans and policies which designate this area as appropriate for
development.
EVIDENCE: a) An application PLN060251 /Moeller) was submitted by Michael
Moeller applicant") requesting a Coastal Development Permit for a
Lot Line Adjustment LLA") between Lots 5 and 6. Subsequently, an
application PLN070629/Moeller) was submitted for a Coastal
Administrative Permit and Design Approval for a single family
residence SFR") and 3-car garage on a newly configured Lot 5 APN:
243-181-005-000/192 San Remo Road). Monterey County consolidated
the two applications the project") and prepared one CEQA document
for the whole action under one Combined Development Permit
PLN060251). A Mitigated Negative Declaration was prepared and
circulated; however, denial of an application is statutorily exempt from
1
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COMPLETED RESOLUTION NO. 10-2�� �S-2
CEQA pursuant to Section 15270 of the CEQA Guidelines. See
Finding 5.)
b) The project site is located at 192 and 194 San Remo Drive, Carmel Area
Land Use Plan. The parcel is zoned LDR/1-D CZ)" Low Density
Residential, acre per unit with Design Control Coastal Zone), which
allows development of one single family residence SFR) on a legal lot.
c) Applications PLN060251) for a LLA between Lots 5 and 6 plus
development of one SFR on Lot 5 were filed by the applicant following
action by the California Coastal Commission CCC) on a prior
application PLN040050). In that prior action, the Board of Supervisors
had approved a LLA between Lots 5 and 6 and development of one new
SFR on Lot 6 and one new SFR on Lot 5. On appeal to the CCC, the
CCC approved the SFR on Lot 6, but conditioned the project such that
the LLA was subject to further review of access impacts and LCP
consistency. Approval by the CCC also included a condition limiting
the home on Lot 5 to three bedrooms due to septic limitations. As part
of approving the development on Lot 6, the CCC granted a variance for
the rear setback measured from the common parcel line of Lot 5.
d) The project planner conducted site inspections. Lot 6 is under
construction with a new SFR PLN040050), but Lot 5 is undeveloped
with a separate application to develop a new SFR PLN060251).
e) During the course of review of this application, the project has been
reviewed for consistency with the text, policies, and regulations in:
Monterey County General Plan and Local Coastal Plan LCP)
Carmel Area Land Use Plan
Monterey County Zoning Ordinance Title 20)
Chapter 20.12 of the Monterey County Zoning Ordinance
regulations for development in the Low Density Residential zone
Chapter 20.70 of the Monterey County Zoning Ordinance
regulations for Coastal Development Permits
Monterey County Coastal Subdivision Ordinance Title 19)
f) The Carmel Area Land Use Advisory Committee heard the prior
application PLN040050) on Monday, April 5, 2004, and voted to
recommend denial of the proposed house design but approval of the
proposed lot line adjustment as well as the waiver to allow development
on slopes of 30% or greater 4-0 vote). See LUAC meeting minutes
dated April 5, 2004.)
The current project consisting of a house and LLA was referred to the
Carmel Highlands Land Use Advisory Committee LUAC) for review
on June 4, 2007. The LUAC voted to deny the project as presented 4-
0) based on Design modern v rural) and access concerns, and
recommended that the applicant reduce deck area to retain some trees
and avoid 30% slope.
The applicant addressed the LUAC concerns. In light of the neighbor
issues regarding the access, staff referred the LLA PLN06025 1) back to
the LUAC on April 21, 2008. The LUAC continued the item to address
2
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COMPLETED RESOLUTION NO. 10-2�� �S-2
septic conditions, but the item was not referred back to the LUAC
because that matter was addressed by the Regional Water Quality
Control Board RWQCB). See Finding 3
g) The Board determined that the project is not consistent with the Local
Coastal Program visual resource policy to be subordinate to and blend
into the environment Policy 2.2.3.6 Carmel LUP). As proposed, the
project is inconsistent with the size and massing for this area. Based on
Assessor Parcel Maps for this area, the average lot size in the general
vicinity is about 1.10 acres. The subject parcel, Lot 5, is 0.61 acres.
Based on County records for development, the average size of structural
improvements is approximately 2,260 square feet with a range of 1,920
to 4,770. The proposed project includes a 3,994 home with a 643
square foot garage 4,637 sf total) plus 858 square feet of deck area.
The LLA and SFR as proposed would result in two homes in excess of
the average size in close proximity to each other, leading to a congested
appearance. The existing lot configuration of Lot 5 could reasonably
accommodate a single family dwelling and may allow greater separation
vertically and horizontally from other homes in the area that are either
existing or under construction. While alternatives exist, they have not
been presented in a manner to be fully evaluated. This decision on the
project does not preclude the applicant from submitting an alternative
development proposal that would be evaluated and heard in the normal
course in accordance with County procedures.
h) The applicant's right of vehicular access to the proposed Lot 5 is in
dispute. Access to the subject site would be provided by private road
easements, but the other easement holders dispute the applicant's rights
to use the easements for the project as proposed. A neighbor to the
north, Mary de la Roza, argues that the historical right to access
Easement #3 had been abandoned Letter from William B. Daniels,
dated April 5, 2010). Applicant argues that he has legally preserved the
easement and has access to Lot 5 over the property of Ms. de la Roza.
The neighbors to the east Leland and Judy Lewis) argue that the project
does not have emergency access from Mentone Road via Easement #2
Testimony at April 6, 2010 hearing). The Lewis's state that they own a
10-foot strip of land that separates the emergency access easement on
the Lewis property from Mentone Road, and that they have not granted
an emergency access easement over the 10 foot strip. The neighbor to
the west Misaka Olson), however, testified at the April 6, 2010 hearing
that applicant's proposed use of Easement #1 for vehicular and
emergency access to the proposed project would overburden the
easement. These disputes over private easements are matters to be
resolved among the parties, but until such resolution, the Board cannot
find with certainty that Lot 5 as proposed to be configured through the
LLA would have adequate access.
i) The Moeller application PLN060251) came on for public hearing
before the Monterey County Planning Commission on December 9,
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COMPLETED RESOLUTION NO. 10-2�� �S-2
2009 and January 27, 2010. A noticed public hearing was held before
the Monterey County Planning Commission on December 9, 2009. The
Commission expressed concern with density and access and adopted a
Resolution of Intent to deny the project and continued the hearing on the
project to January 27, 2010. On January 27, 2010, the Planning
Commission adopted a resolution denying the project application.
j) Pursuant to Monterey County Code Section 20.86.030.A, the applicant
filed an appeal of the January 27, 2010, discretionary decision of the
Planning Commission to deny the Project.
k) Said appeal was filed with the Clerk to the Board of Supervisors on
February 8, 2010, within the 10-day time prescribed by Monterey County
Code Section 20.86.030.C. Complete copies of the appeals are on file
with the Clerk to the Board and in the Planning Department Project File
PLN060251.
1) Said appeal was timely brought to a duly noticed public hearing before the
Monterey County Board of Supervisors within 60 days from receipt of the
appeal April 6, 2010). The Board of Supervisors adopted a Resolution of
Intent to deny the project and directed staff to return with appropriate
findings. On May 11, the Board directed staff to June 8, the Board
directed staff to review new evidence relative to wastewater capabilities of
Lot 5 and continued the matter to July 27, 2010 see Finding 2e).
m) The application, project plans, and related support materials for the
proposed development are found in Project File PLN060251 and
PLN070629.
2. FINDING: SITE SUITABILITY The site is ncst 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, Carmel
Highlands Fire Protection District, Public Works, Environmental Health
Division, Water Resources Agency, California Coastal Commission,
and Regional Water Quality Control Board.
b) The following technical reports by outside consultants were prepared to
assess potential impacts to Biological Resources, Archaeological
Resources, and Soil/Slope Stability.
Geotechnical report prepared by Pacific Crest Engineering Inc.
Watsonville, California. dated April 2003).
Slope Stability Evaluation prepared by Pacific Crest Engineering
Inc. Watsonville, California. dated September 2008).
Soil Analysis, prepared by BioSphere Consulting, dated April 23,
2008.
Additional Percolation Tests and Addendum to Geotechnical and
Percolation Investigation Report prepared by Soils Surveys, Inc.
dated November 2, 2001.
Preliminary Archaeological Reconnaissance prepared by Mary
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COMPLETED RESOLUTION NO. 10-2�� �S-2
Doane, B.A., and Trudy Haversat, SOPA, of Archaeological
Consulting, dated December 2, 2002.
Biological Survey prepared by Verne Yadon, dated March 14,
2003.
Forest Management Plan, 194 San Remo Road, prepared by Forest
City Consulting, Matt Horowitz and Glenn C. Flamik. Dated
September 14, 2006.
Forest Management Plan, 194 San Remo Road, prepared by Forest
City Consulting, Matt Horowitz. Dated March 20, 2007.
c) Testimony received at the public hearings indicate there is a dispute
among easement holders as to access to the lots as proposed to be
reconfigured Finding 1h).
d) Staff conducted site inspections to assess suitability of the site for this
use. While the existing lot configuration would allow reasonable
development of a SFR, the proposed configuration would require
improvements to private easements Finding 1h), and there is dispute as
to the legal right to make those improvements. As such the proposed
configuration is not suitable for the existing access conditions, and the
site is thus not physically suitable for the proposed use.
e) Applicant submitted a letter on June 7, 2010 in which Applicant
contends that denial of the lot line adjustment is a regulatory taking
because, applicants argue, they cannot develop on the currently
configured Lot 5 and it would be futile to apply again for a lot line
adjustment. These contentions are not supported by the evidence.
Multiple avenues for development on applicant's property exist which
the applicant has not yet pursued, including proposing development on
currently configured Lot 5 with an alternative waste treatment system, a
lot line adjustment with a different building site, or a different design
for the house either with or without a lot line adjustment. The Board's
decision on the current application, which is for both a lot line
adjustment and a single family dwelling, does not preclude the County
from approving alternative proposals; however, the applicant has not
presented a detailed application for these alternatives, and the County
therefore has not had the opportunity to evaluate them or process them
through the normal review and hearing process. Each of the applicant's
reasons for futility" are without basis:
1) In regard to the easement dispute, resolution of the easement
dispute is within the applicant's control. The applicant can obtain
resolution of the easement dispute either through agreement with
the easement holders or through court order. Following that
resolution, the County would have the necessary definitive
information concerning available access.
2) the Board's determination that the 3994 square foot house as
proposed is inconsistent with the Local Coastal Program does not
5
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COMPLETED RESOLUTION NO. 10-2�� �S-2
preclude the Board finding that a different house proposal for
example, one different in size, design, or location would be
consistent with the LCP.
f)
3) In regard to sewage treatment, the applicant has not presented a
proposal for an alternative wastewater treatment system. The
Biosphere Consulting letter does not rule out the possibility of an
alternative treatment system. Until the applicant applies for an
alternative treatment system and provides sufficient information to
enable the County to evaluate it, it is premature to conclude that
Lot 5 is undevelopable. See June 29, 2010 memo from County of
Monterey Health Department to Carl Holm)
For all of these reasons, it is clear that the applicant has not exhausted
all possible applications for development nor demonstrated that the
denial of this particular application is indicative of County action on
alternate applications for development on Lot 5.
The application, project plans, and related supportive materials for the
proposed development are found in Project Files PLN040050,
PLN060251 and PLN070629.
3. FINDING: HEALTH AND SAFETY The establishment, maintenance, or
operation of the project applied for will under the circumstances of this
particular case be detrimental to the health, safety, peace, morals,
comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general
welfare of the County.
EVIDENCE: a) The project was reviewed by RMA Planning Department, Carmel
Highlands Fire Protection District, Public Works, Environmental Health
Division, Water Resources Agency, California Coastal Commission,
and Regional Water Quality Control Board.
b) On December 5, 2008, the RWQCB approved a Waiver of Waste
Discharge Requirements for Alternative Onsite Wastewater. Disposal
Systems RWQCB Waiver Resolution No. R3-2008-0060). This permit
is based on the proposed design and is valid for five years through
December 2013. The applicant does not have approval for an alternate
wastewater treatment system on Lot 5 based on the existing Lot
configuration.
c) Neighbors' testimony as to the safety, drainage, and other impacts of
the project due to the slope of the properties and constrained access.
d) Preceding findings and supporting evidence for PLN06025 1.
4. FINDING: NO CODE VIOLATIONS The subject property is in compliance
with all rules and regulations pertaining to zoning uses, subdivision, and
any other applicable provisions of the County's zoning ordinance. No
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COMPLETED RESOLUTION NO. 10-2�� �S-2
code violations exist on the property.
EVIDENCE: a) Staff reviewed Monterey County RMA Planning Department and
Building Services Department records and is not aware of any
Monterey County Code violations existing on subject property.
b) Staff conducted multiple site inspections and researched County records
to assess if any violation exists on the subject property.
c) There are no known violations on the subject parcel.
d) The application, plans and supporting materials for the proposed
development are found in Project File PLN06025 1.
5. FINDING: CEQA Exempt) The project is statutorily exempt from
environmental review.
EVIDENCE: a) The California Environmental Quality Act CEQA) Public Resources
Code section 21080(b)(5) and CEQA Guidelines Section 15270)
statutorily exempt projects that a public agency rejects or disapproves.
An Initial Study/proposed Mitigated Negative Declaration MND) was
prepared and circulated from October 5, 2009 through November 6,
2009 SCH# 2009101016); however, the Board is not adopting the
MND.
b) The County is rejecting the appeal and disapproving the project.
6. FINDING: LOT LINE ADJUSTMENT The parcels resulting from the lot line
adjustment do not conform to County's general plan, any applicable
specific plan, any applicable coastal plan, and zoning and building
ordinances.
EVIDENCE: a) The parcel is zoned LDR/1-D CZ)" Low Density Residential, acre per
unit with Design Control Coastal Zone). Lot 5 APN: 243-181-005-
000/192 San Remo Road) has 0.61 acres and Lot 6 APN: 243-181-006-
000/194 San Remo Road) has 0.85 acres meaning both lots have less
area than the one acre minimum.
b) There are two legal lots that can each develop one SFR. The project
area has a total of 1.46 acres 0.61 acres Lot 5) and 0.85 acres Lot 6)].
Proposed amendments include exchanging an equal amount of land so
that Lot 5 APN: 243-181-005-000) remains with 0.61 acres and Lot 6
APN: 243-181-006-000) remains with 0.85 acres.
c) Pursuant to Government Code Section 66412(d) Subdivision Map Act)
and Monterey County Subdivision Ordinance Section 19.09.005) the
lot line adjustment is among four or fewer existing adjoining parcels,
and a greater number of parcels than originally existed will not be
created as a result of the lot line adjustment. see Findings 7 & 8)
d) Wastewater systems must be designed within the property that they
serve. The applicant does not have approval for an alternate wastewater
treatment system on Lot 5 within the existing configuration of Lot 5
Finding 3b).
e) San Remo Road and Mentone Road provide the primary access to this
area, and are private roads. The applicant has not adequately proven a
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COMPLETED RESOLUTION NO. 10-2�� �S-2
f)
g)
7. FINDING:
EVIDENCE: a)
b)
c)
8. FINDING:
9. FINDING:
EVIDENCE a)
b)
right to access Finding I h).
The project is not consistent with County policy and regulations
Finding 1).
The application, plans and supporting materials for the proposed
development are found in Project File PLN06025 1.
LOT LINE ADJUSTMENT The lot line adjustment is between two
or more existing adjacent parcels.
The lot line adjustment is between more than one and less than four
existing adjacent parcels. There are two contiguous separate legal
parcels of record. The application proposed a LLA to change Lot 5 and
Lot 6 from a north/south orientation to an east/west orientation longest
dimension).
Although the project meets this criteria for a Lot Line Adjustment, it
does not conform to County's general plan, any applicable specific
plan, any applicable coastal plan, and zoning and building ordinances
Finding 6); and therefore, the LLA cannot be approved.
The application, plans and supporting materials submitted by the
project applicant to the Monterey County Planning Department for the
proposed development are found in Project File PLN06025 1.
LOT LINE ADJUSTMENT A greater number of parcels than
originally existed will not be created as a result of the lot line
adjustment.
The application involves two contiguous separate legal parcels of record.
No new parcels would be created with the proposed LLA. Therefore,
the lot line adjustment would not create a greater number of parcels
than originally existed.
Although the project meets this criteria for a Lot Line Adjustment, it
does not conform to County's general plan, any applicable specific
plan, any applicable coastal plan, and zoning and building ordinances
Finding 6); and therefore, the LLA cannot be approved.
The application, plans and supporting materials for the proposed
development are found in Project File PLN060251.
FEE WAIVER The Board of Supervisors considered the request for
fee waiver pursuant to Resolution 2000-342.
The applicant paid the processing fees, but requested that the County
consider a fee waiver as part of the application.
Some changes have been made to the project as a result of the process
fire access, waste water, etc) and the CCC direction. The fees do not
exceed the cost of the staff time spent processing this project
application. Therefore, a fee waiver is not granted.
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COMPLETED RESOLUTION NO. 10-2�� �S-2
DECISION
NOW, THEREFORE, based on the above findings and evidence, the Board of Supervisors does
hereby:
a. Denied the appeal by Michael Moeller from the January 26, 2010 Planning Commission
denial of an application PLN060251/Moeller) for a Lot Line Adjustment and new single
family home on Lot 5;
b. Denied the application PLN060251/Moeller) for a Combined Development Permit
consisting of: 1) Coastal Development Permit for a Lot Line Adjustment consisting of an
equal exchange of land between two legal lots of record resulting in no change of area:
Lot 5 APN: 243-181-005-000/192 San Remo Road) has 0.61 acres and Lot 6 APN:
243-181-006-000/194 San Remo Road) has 0.85 acres; 2) Coastal Administrative Permit
and Design Approval to allow the construction of a three-story 3,994 square foot single
family dwelling with a 643 square foot three-car garage, 858 square feet of deck area, and
grading approximately 523 cubic yards of cut and 89 cubic yards of fill); 3) Coastal
Development Permit for development on slopes in excess of 30%; 4) Coastal
Development Permit for the removal of nine Monterey pine trees and eight coastal live
oak trees.;
c. Denied the applicant's fee waiver request.
PASSED AND ADOPTED on this 27th day of July, 2010, upon motion of Supervisor Potter,
seconded by Supervisor Parker, by the following vote, to-wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.
Dated: August 2, 2010
Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
9
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SIGNED BOARD REPORTX��"���MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 27, 2010 AGENDA NO: 5 v
Project Description: Continued from June 8, 2010 to consider:
a. Appeal by Michael Moeller from the January 26, 2010 Planning Commission denial of an
application PLN060251/Moeller) for a Lot Line Adjustment and new single family home.
b. Application for a Combined Development Permit consisting of. 1) Coastal Development
Permit for a Lot Line Adjustment consisting of an equal exchange of land between two legal
lots of record resulting in no change of area: Lot 5 APN: 243-181-005-000/192 San Remo
Road) has 0.61 acres and Lot 6 APN: 243-181-006-000/194 San Remo Road) has 0.85 acres;
2) Coastal Administrative Permit and Design Approval to allow the construction of a three-
story 3,994 square foot single family dwelling with a 643 square foot three-car garage, 858
square feet of deck area, and grading approximately 523 cubic yards of cut and 89 cubic yards
of fill); 3) Coastal Development Permit for development on slopes in excess of 30%; 4)
Coastal Development Permit for the removal of nine Monterey pine trees and eight coastal live
oak trees.
c. Denial of a Fee Waiver request.
PLN06025 1 /Moeller, 192 and 194 San Remo Drive, Carmel Area Land Use Plan, Coastal Zone)
DEPARTMENT: RMA Planning Department
RECOMMENDATION: Staff has prepared a resolution Exhibit A) per the prior Board
direction to:
a. Deny the appeal by Michael Moeller;
b. Deny the above-described application for a Combined Development Permit
PLN060251 /Moeller); and
c. Deny a Fee Waiver request.
If the Board wishes to approve the Lot Line Adjustment in light of new information regarding the
capability for wastewater treatment on the existing lot, staff requests that the Board continue this
matter with direction to prepare a resolution that would: 1) partially approve the appeal by
Michael Moeller; 2) Conditionally Approve the Lot Line Adjustment only; and 3) Deny a Fee
Waiver request.
PROJECT OVERVIEW: On June 8, 2010 staff presented the board with a resolution that included
appropriate findings and evidence for denial Exhibit A). A letter from an engineer was presented
by the applicant stating that the existing lot configuration would not allow development due to
wastewater limitations. The Board continued the item to July 27 with direction for staff to investigate
the matter. Staffs analysis is included as Exhibit B.
In light of this information, staff has prepared a resolution that would approve the Lot Line
Adjustment but not approve any development at this time. The Board has provided specific direction
where and how a home should be developed and the applicant would need to submit a new
application and fees for that component.
OTHER AGENCY INVOLVEMENT: The Environmental Health Bureau has completed
investigation of the wastewater conditions for the existing Lot 5. This report has been reviewed
by County Counsel.
FINANCING: There is no impact to the General Fund. Appropriate fees have been paid for staff
time to processing this application. Because the California Coastal Commission CCC) referred
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SIGNED BOARD REPORTX��"���this matter back to the County, the applicant requested that the application fees be waived. The
fee waiver request of $29,016.15 is proposed to be denied for the reasons stated in the resolution.
Carl P. HN A~ICP
Assistant Director
RMA- Planning Department
Date: July 8, 2010
Attachments:
Approved by:
Mike Novo, AICP
Director
RMA- Planning Department
Exhibit A Draft Resolution
Exhibit B Environmental Health memo dated 6/29/2010)
cc: Board of Supervisors 16); County Counsel; Carmel Highlands Fire Protection District; Public Works
Department; Parks Department; Environmental Health Division; Water Resources Agency; California
Coastal Commission; Regional Water Quality Control Board, Planning Manager L Lawrence); Project
Planner C. Holm); Clerk C Allen), Applicants Moeller); Agent Silkwood); Neighbors/Agent Call,
Daniels, Lewis, Lombardo); Planning File PLN060251
Board of Supervisors, 4/6/2010
Moeller PLN060251) Page 2
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EXHIBIT B�X��"���Exhibit B
Environmental Health
Memo
Dated 6/29/2010
Michael Moeller
PLN060251
Board of Supervisors
July 27, 2010
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EXHIBIT B�X��"���COUNTY OF MONTEREY
HEALTH DEPARTMENT
MEMORANDUM ENVIRONMENTAL HEALTH BUREAU
DATE: June 29, 2010
TO: Carl Holm, Project Planner, Assistant Planning Director
FROM: Richard LeWarne, Assistant Director
SUBJECT: Moeller Appeal PLN 060251)
BioSphere Consulting Letter dated June 8, 2010 regarding existing Parcel 005
Environmental Health has reviewed Andrew Brownstone's Biosphere Consulting) letter of June 8,
2010. Mr. Brownstone concludes his letter by stating that no OWTS can be designed on the existing
parcel 005) that meets current regulatory requirements". The following comments reflects
Environmental Health's analysis of the referenced letter:
1. Conventional OWTS: Staff agrees that a conventional OWTS septic system) cannot be designed
on the existing parcel 5. A conventional OWES could not be approved due to very limited suitable
area 30% slope), steep slopes in excess of 30%, setbacks from a natural watercourse even if the
proposed single family dwelling was significantly reduced in floor size, number of bedrooms, or
change of location of house.
2. Alternative OWTS: Staff does not have sufficient information to make a determination reagardinh
the feasibility of an alternative OWES. Due to the very limited suitable area on existing parcel 005,
the applicant would have to apply for a variance to the prohibition install an OWTS on slopes
greater than 30% to. The variance procedure is allowed for existing lots of record in accordance
with the Central Basin Plan of the RQWCB Region 3 and Monterey County Code 15.20.
Information needed for EH staff to make a determination are soils tests i.e. percolation tests, logs
of borings, etc.); slope stability i.e. impacts due to effluent and irrigation, rain events, seismic
events); determination of possible sewage breakout on slopes 30%; possible impacts to water
resources.
Reduced sewage generation e.g. reduced bedrooms) should also be examined regarding
feasibility of a reduced project.
It should be noted however, that from a public health perspective Environmental Health would prefer an
option in which a variance to the prohibition on slopes 30% could be avoided. Therefore, from a public
health perspective the lot line adjustment is a preferred alternative, which does not preclude a reduction
in the size of the house including reduction in bedrooms.
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858-U012
SQUARE-U012
FEET-U012
OF-U012
DECK-U012
AREA,-U012
GRADING-U012
APPROXIMATELY-U012
523-U012
CUBIC-U012
YARDS-U012
OF-U012
CUT-U012
89-U012
CUBIC-U012
YARDS-U012
OF-U012
FILL);-U012
3)-U012
COASTAL-U012
DEVELOPMENT-U012
PERMIT-U012
DEVELOPMENT-U012
ON-U012
SLOPES-U012
IN-U012
EXCESS-U012
OF-U012
30%;-U012
4)-U012
COASTAL-U012
DEVELOPMENT-U012
PERMIT-U012
REMOVAL-U012
OF-U012
NINE-U012
MONTEREY-U012
PINE-U012
TREES-U012
EIGHT-U012
COASTAL-U012
LIVE-U012
OAK-U012
TREES.-U012