Title
Public hearing continued from March 19, 2013 to consider adoption of resolutions to:
a. Deny an appeal by Constance Murray from the decision of the Resource Management Agency - Director of Planning approving a Design Approval to correct a code violation (11CE00134) and to allow the placement of a 20 foot high communication antenna within a water tank easement to serve a California-American Water Company water tank; and
b. Find the project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301; and
c. Approve the Design Approval to correct a code violation (11CE00134) and to allow the placement of a 20 foot high communication antenna within a water tank easement to serve a California-American Water Company water tank; and
d. Grant Appellant's request to waive the appeal fee and authorize the RMA-Planning Director to refund the appeal fee.
(Appeal of a Design Approval - PLN120817 California-American Water Company, 10 Oak Meadow Lane, Carmel Valley, Carmel Valley Master Plan)
Report
PROJECT INFORMATION:
Planning File Number: PLN120817
Owner: California-American Water Company (easement holder)
Applicant: California-American Water Company
Project Location: 10 Oak Meadow Lane, Carmel Valley
APN: 187-031-025-000
Plan Area: Carmel Valley Master Plan
Flagged and Staked: No
CEQA Action: Exempt
RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt resolutions (Attachments B-1 and B-2) to:
a. Deny an appeal by Constance Murray from the decision of the Resource Management Agency - Director of Planning approving of a Design Approval (PLN120817) to correct a code violation (11CE00134) and to allow the placement of a 20 foot high communication antenna within a water tank easement to serve a California-American Water Company water tank; and
b. Find the project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301; and
c. Adopt a resolution to approve the Design Approval to correct a code violation (11CE00134) and allow the placement of a 20 foot high communication antenna within a water tank easement to serve a California-American Water Company water tank, subject to the conditions of approval (Attachment B-1); and
d. Adopt a resolution to grant the Appellant's request to waive the appeal fee and authorize the RMA-Planning Director to refund the appeal fee. (Attachment B-2)
SUMMARY:
On December 7, 2012 California-American Water Company applied for a Design Approval to remedy Code Violation No. 11CE00134, and allow the placement of a 20 foot high antenna to serve an existing water tank. On January 7, 2013, the RMA- Director of Planning approved the Design Approval. On January 9, 2013 a Notice of Approved Design Approval was mailed to all property owners within 300 feet of the subject property.
On January 22, 2013, Constance Murray, the owner of the underlying property on which California-America Water Company holds a water tank easement, filed a timely appeal from the RMA-Director of Planning's approval of the Design Approval (PLN120817). The appeal is brought on the basis that there was a lack of fair or impartial hearing, the decision to approve the project was not supported by evidence, and that the decision was contrary to law. The hearing on the appeal at the Board is de novo. Appellant has also requested waiver of appeal fee.
The hearing before the Board of Supervisors was duly noticed for March 19, 2013. On March 19, 2013 the appellant requested a continuance, and the applicant agreed to a continuance to April 9, 2013. The Board of Supervisors continued the hearing to April 9, 2013.
DISCUSSION:
Detailed discussion, including response to appellant's contentions is provided in Attachment A.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project:
RMA-Building Services Department
Due to late submission of this Board Report, the CAO Budget and Analysis Division was not provided adequate time to fully review for potential fiscal, organizational, policy or other implication to the County of Monterey.
FINANCING:
Funding for staff time associated with this project is included in the FY12-13 Adopted Budget for the Planning Department. Staff is recommending approval of the appellant's request for a fee waiver of the appeal fee because this Board hearing is the first public hearing on the project (See Attachment B-2, Draft Resolution).
Prepared by: Ashley Nakamura, Land Use Technician ext. 5892
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
<mailto:> Benny Young, Director Resource Management Agency
This report was prepared by Ashley Nakamura, Land Use Technician and reviewed by Wanda Hickman, Planning Services Manager.
cc: Front Counter Copy; Wanda Hickman, Planning Services Manager; Constance Murray, Appellant; California-American Water Company, Applicant; The Open Monterey Project; LandWatch; Project File PLN120817
The following attachments on file with the Clerk of the Board:
Attachment A Discussion
Attachment B-1 Draft Board Resolution, including:
Exhibit 1 Conditions of Approval
Exhibit 2 Project Elevations
Attachment B-2 Draft Board Resolution for Fee Waiver
Attachment C Vicinity Map
Attachment D Final Recorded Subdivision Map
Attachment E Grant Deed of Easements to California-American Water Company
Attachment F Conservation and Scenic Easement Deed
Attachment G Compliance Order (11CE00134) and correspondence from Building Official
Attachment H Design Approval
Attachment I Notice of Approved Design Approval
Attachment J Notice of Appeal
Attachment K Fee Waiver Request
Attachment L Appellant's Letter, Dated March 18, 2013