EXHIBIT
8-G
MONTEREY
COUNTY CONDITIONS OF APPROVAL FOR SEPTEMBER RANCH SUBDIVISION RELATED TO WATER
Submitted by
Applicant, from County Resolution #10-312 dated November 9, 2010
PBDSP017 – WATER-INTENSIVE
USES (NON-STANDARD CONDITION)
Prior to filing the final map,
applicant shall submit CC&Rs for review and approval of the Director of
Planning which prohibit water intensive uses, including but not limited to vineyards,
ornamental fountains that do not recirculate water, washing of hard surfaces
such as streets, gutters, sidewalks and driveways within any portion of
proposed lots, open space parcels or on the Equestrian Center Parcel. (RMA - Planning Department)
PBDSP025 – CONNECTION TO
CAL-AM PROHIBITED (NON-STANDARD CONDITION)
The applicant shall be prohibited
from hooking up to the California-American Water Company System. The CC&Rs
shall state that neither the water system nor any owner or group of owners
shall request or receive a water supply from Cal-Am or actually be supplied
water by Cal-Am. The CC&Rs shall be
enforceable by the County and may not be changed without County approval. (RMA - Planning Department)
PBD006 - DEED
RESTRICTION - USE
The applicant shall record the following
deed restriction stating the use and regulations applicable to the Equestrian
Center: “The Equestrian Center shall be owned by the September Ranch
Homeowner's Association. The
recreational uses on the 20.2-acre Equestrian Center Parcel (Assessor’s Parcel
Number 015-171-010-000) shall be subject to the following:
· The property will provide
recreational uses in perpetuity
· Water use of no more than 3
acre-feet per calendar year for the Equestrian Center facility
· Irrigation of pasture is
prohibited
· Boarding of a maximum of 50
horses
· No more than 12 equestrian
events per calendar year
· Hours of operation shall be from
6:00 AM to 8:00 PM, 7 days per week October 1st to March 31st
and 6:00 AM to 9:00 PM, 7 days per week from April 1st to September
30th
· Existing home shall be used as a
caretaker unit or other use for public benefit, including, but not limited to,
a Sheriff’s Office Community Field Office, homeowner’s association office or
historical center
The
deed restrictions shall be adopted by the Board of Supervisors at the time of
recordation of Phase 1 of the final map. (RMA - Planning Department)
PBDSP003 – WATER USE PLAN
(NON-STANDARD CONDITION)
The
total water use within the subdivision shall not exceed 57.21 acre-feet per
year (AFY). This is based upon the
following:
· 54.21 AFY for market-rate lots, inclusionary and
workforce units, and the water treatment facility.
· 3 AFY for the Equestrian Center Facility.
· The applicant, or a public water system established by
applicant, shall select a water treatment method that consumes the lowest
amount of water feasible within the range of 0 to 10%.
· The applicant, or a public water system established by
applicant, shall conduct at least two audits each year for leaks and other
water losses and shall repair all leaks and other water losses as soon as
reasonably practical under the circumstances.
· Prior to filing the final map for each phase, the
applicant shall submit a Water Use Plan showing the proposed water demand
estimate for each lot within that phase.
Water demand estimates shall be based upon the Monterey Peninsula Water
Management District (MPWMD) current water demand estimation methodology as
codified in MPWMD Rules and Regulations.
Before the final map for each phase will be approved, applicant must
demonstrate the subdivision water use is within Pro Rata Expansion Capacity per
MPWMD Rule 11. The plan shall be
submitted to the Water Resources Agency and the Director of Planning for review
and approval.
· Concurrent with the filing of the final map, the
Applicant shall record a deed restriction on each lot in the
phase that notifies future owners that in the
case of a water permit exceedence, the County and MPWMD shall have access into
the subdivision or onto any lot for purposes of monitoring water use and
compliance and access into any home for inspection of fixtures.
· Concurrent with the sale of any lot in the phase, the
Applicant shall fix the maximum permitted water use on that individual lot
within the total water use allowed under the applicable approved Water Use
Plan, and the Applicant shall record a notice on title fixing the maximum
permitted water use for that lot. The
notice shall be signed by both the buyer and the seller. The Applicant shall provide a copy of the
recorded notice to the County, and no building permits shall be issued on the
lot until the County has received a copy of the recorded notice.
(Water Resources Agency and RMA -
Planning Department)
PBDSP012 – WATER USE REPORT
(NON-STANDARD CONDITION)
A quarterly water use report
shall be submitted to the Water Resources Agency and Director of the
Planning. If
any report demonstrates that actual water use for the entire subdivision is
within 5% of the maximum entitlement, the Director of Planning shall submit the
final map for any subsequent phase to the Board of Supervisors for a
discretionary determination as to whether water supply is adequate for that
phase. The Board shall take appropriate
action to ensure that the total use over the entire subdivision does not exceed
57.21 acre-feet per year (AFY) per project Condition of Approval Number 146.
Such action may include denying the final map for that phase, limiting total
fixture counts for the phase or for individual building permits, and/or taking
other measures as appropriate in each phase based upon their review of the
Water Use Plan and quarterly reports. (Water Resources Agency and RMA - Planning
Department)
EHSP001 – WATER SYSTEM PERMIT (NON-STANDARD CONDITION)
Obtain approval for a new
water system permit from the Division of Environmental Health. (Environmental
Health)
EHSP002 – WATER SYSTEM IMPROVEMENTS (CO. PERMITTED SYSTEM)
(NON-STANDARD CONDITION)
Design the water system improvements to meet the standards as found in
Chapter 15.04 of the Monterey County Code, Titles 17 and 22 of the California
Code of Regulations and as found in the Residential Subdivision Water Supply
Standards. Each well and all individual
connections shall be metered. Submit
engineered plans for the water system improvements, including plans for
secondary treatment to include treatment for TDS to less than 500 mg/l, and any
associated fees to the Director of Environmental Health for review and approval
prior to installing (or bonding) the improvements. (Environmental Health)
EH5 – INSTALL /BOND WATER SYSTEM IMPROVEMENTS
The developer shall install the water system
improvements to and within the subdivision and any appurtenances needed or
shall enter into a Subdivision Improvement Agreement with the County to install
the water system improvements and provide security guaranteeing the performance
of the Agreement. (Environmental Health)
WR41 - NOTICE OF WATER CONSERVATION
REQUIREMENTS
A notice shall be recorded on
the deed for each lot stating: “All new
construction shall incorporate the use of low water use plumbing fixtures and
drought tolerant landscaping, in accordance with County Water Resources Agency
Ordinance No. 3932 or MPWMD Regulation XIV, whichever is stricter.” Prior to recordation of the final map, a copy
the completed notice shall be provided to the Water Resources Agency and to the
MPWMD for approval. (Water Resources
Agency)
WRSP001 - LANDSCAPING REQUIREMENTS (NON-STANDARD)
A notice shall be recorded on
the deed for each lot stating: “The
front yards of all homes shall be landscaped at the time of construction. The total amount of landscaping requiring an
application of water shall be limited to 4,275 square feet for market-rate
homes, 1,600 square feet for inclusionary homes, and 1,800 square feet for
workforce homes. Low water use or
drought tolerant plants shall be used together with water efficient irrigation
systems.” Prior to recordation of the
final map, a copy of the completed notice shall be provided to the Water
Resources Agency for approval. (Water
Resources Agency)
WR46 - C.C.&R. WATER CONSERVATION
PROVISIONS
The applicant shall provide
the Water Resources Agency 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)
MITIGATION MEASURE 4.3-1
WATER SUPPLY AND AVAILABILITY
Water use on the property
shall not exceed 57.21 AFY. (Water
Resources Agency and RMA –Planning Department)
MITIGATION MEASURE 4.3-2
WATER SUPPLY AND AVAILABILITY
The location of future wells
on the September Ranch project site shall be based upon the following:
·
Wells will be
located based on pumping tests designed and executed to yield information on
the radius of influence of potential multiple pumping wells
·
Project applicant
will ensure that representative transmissivities for the three aquifer units
are made available for informed decisions on placement of future wells to
ensure new wells will not impact existing wells.
Resource
Management Agency (RMA) retains discretion to require drilling of replacement
wells if it is demonstrated, to the satisfaction of RMA and the Environmental
Health Division that the project wells result in impacts to an existing well in
use as of the date of project approval. (Environmental Health and RMA –Planning Department)
MITIGATION MEASURE 4.4-1 HYDROLOGY AND
WATER QUALITY
Prior to the filing of the final map the applicant shall
submit a drainage report and drainage plan for review and approval by the
Director of Public Works Department (DPW) and the General Manager of the Water
Resources Agency (MCWRA). The report is
to include and show all tributary areas and information pertinent to the
drainage in the area. Proposed detention
basin capacities shall be sized to accommodate the difference between the
100-year post-development runoff and the 10-year pre-development runoff while
limiting discharge to the 10-year predevelopment runoff rate. If runoff from individual lots cannot be
directed to a detention basin, on-site retention or detention facilities shall
be constructed in accordance with the requirements of the Water Resources
Agency. (RMA – Planning and Building and Water Resources Agency)
MITIGATION MEASURE 4.4-2 HYDROLOGY AND
WATER QUALITY
The
project applicant shall prepare a drainage plan, which includes the proper
design and placement of sediment traps to preen the discharge of sediments and
pollutants into offsite drainage channels.
In order to mitigate adverse water quality impacts that could be
generated by the proposed project after construction, potential BMPs for storm
water runoff quality control should be incorporated into project design. These could include such measures as
vegetated buffer strips, use of porous pavement, “grass-phalt,” cisterns of
storm water storage, street sweeping, percolation basins and grease/oil traps
(with regular maintenance programs).
Good
housekeeping, waste containment, minimization of disturbed areas, stabilization
of disturbed areas, the protection of slopes and channels, the control of the
site perimeter, and the control of internal erosion are the objectives of the
BMPs. The BMPs include limiting soil
exposure through scheduling and preserving existing vegetation; stabilizing
soils through seeding, planting, and mulching; diverting runoff through earth
diking, temporary drains, swales, and slope drainage; reducing velocity through
outlet protection, checking dams, slope roughening/terracing; trapping and
filtering sediment through silt fencing, straw bale barriers, sand bag
barriers, brush and rock filters, storm drain inlet protection, and sediment
basins. Specific and extensive BMP
measures, such as those identified below, should be contained in the Final
Erosion Control Report, which shall be submitted as a condition of the Final
Map.
· Temporary erosion and sedimentation control features
shall be maintained until revegetation is sufficient to prevent erosion of
disturbed construction and restoration sites.
Sufficiency of revegetation shall be determined by the project’s
conservation manager and certified erosion and sedimentation control
specialists.
· Periodic pre-storm, storm, and post-storm monitoring
inspections of BMP measures shall be conducted from the duration of
construction phases and until temporary protection features have been removed.
· Daily inspections shall be conducted during grading
construction to assure condition and adequacy of erosion and sedimentation
control features.
· Daily repairs of damaged erosion- and
sedimentation-control features (e.g., downed silt fencing, broken straw bales,
damaged sandbags) shall be completed.
(RMA – Planning and
Building, Public Works and Water Resources Agency)
MITIGATION MEASURE 4.4-3 HYDROLOGY AND
WATER QUALITY
The applicant shall prepare CC&Rs, which include
requirements for the type and frequency of catch basin, sediment trap, and
storm water inlet cleaning and maintenance.
The storm drainage system shall be maintained on a regular basis to
remove pollutants, reduce high pollutant concentrations during the first flush
of storms, prevent clogging of the downstream conveyance system, and maintain
the catch basins sediment trapping capacity.
The homeowner’s association, or some other similar responsible entity,
shall provide for at least an annual inspection regimen and immediately repair
or clean the system, as needed. (RMA –
Planning and Building and Water Resources Agency)
NEW CONDITIONS ADDED BASED UPON AUGUST 2010
FINAL REVISED WATER DEMAND ANALYSIS
PBDSP035 – LANDSCAPE WATER
DEMAND (NON-STANDARD CONDITION)
Each lot shall satisfy the substantive requirements of
the Department of Water Resources Model Water Efficient Landscape Ordinance,
tit. 23, Cal. Code Regs., §§ 490–495, regardless of whether the lot has a total
project landscape area less than the threshold 5,000 square feet as identified
in Section 490.1(a)(3) of the Ordinance.
Compliance with the Ordinance will require, among other things,
preparation and submissions of a Landscape Documentation Package
including a Water Efficient Landscape Sheet, soil management report, landscape
design plan, irrigation design plan, and grading design plan. Said compliance shall be demonstrated prior
to issuance of building permits subject to the approval of the Director of
Planning. Notes shall be included on
each site plan and final map indicating that submission and approval of the Landscape
Documentation Package for any lot is required for development of that lot prior
to issuance of a building permit.
Building permits will also specify ongoing compliance with the
Ordinance, a requirement of dedicated landscape water meters and, for lots
greater than 10,000 square feet, irrigation system controllers equipped with
soil moisture sensors. (RMA -
Planning Department)
WRSP002 – WATER PERMIT (NON-STANDARD
CONDITION)
Prior to the issuance of a
building permit, the property owner shall obtain an approved water permit for
that lot from MPWMD and submit a copy of the approved permit to the
RMA-Planning Department and the Monterey County Water Resources Agency. The
issuance of the building permit is predicated on the following restrictions:
·
The building
permit shall specify that no additional fixtures or a more water-intensive type
of landscaping may be installed unless the property owner of the lot first
obtains the necessary water permit amendment approved by MPWMD pursuant to its
Rules. The
property owner of the lot shall submit sufficient evidence to the Planning
Department and the MPWMD demonstrating that the modifications will not result
in either an increase in annual water use that exceeds the allocation of water
use for such lot under the Subdivider’s Water Use Plan or an approved amendment
thereto, and that the modifications comply with the Project’s conditions of
approval.
·
The building
permit will specify that if such modifications are made without the necessary
water permit amendment, a flow restrictor may be installed in the water meter
or water supply providing water to the property.
·
The flow
restrictor shall be installed to ensure a level of water use consistent with
the fixtures and landscaping used to calculate the level of water use for the
water permit.
·
The flow restrictor
shall not be removed unless the additional fixtures or other modifications are
first removed or the property owner provides evidence satisfactory to
RMA-Planning Department that water use will remain within the level consistent
with the fixtures and landscaping approved in the water permit.
·
Individual
variances from flow restrictor requirements may be made for medical needs that
are certified by a doctor.
·
All costs for
installation and removal of flow restrictors shall be charged to the property owner
of the lot subjected to the action.
(Water Resources Agency and RMA – Planning Department).
PBDSP036 – WATER SUPPLY AND AVAILABILITY (NON-STANDARD
CONDITION)
All toilets installed in
Project lots shall meet the requirements of the U.S. Environmental Protection
Agency’s WaterSense Tank-Type High-Efficiency Toilet Specification. All clothes washing machines shall meet the
requirements of the U.S. Environmental Protection Agency for ultra-low flow
devices. (Water Resources Agency and RMA
–Planning Department)
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