MONTEREY COUNTY PLANNING COMMISSION Meeting: May 25, 2005 Agenda Item:
Project Description: (PLN050287) Amendment to the General Plan and Greater Salinas
Area Plan and rezone; to redesignated certain tracts of land in the town of Spreckels from "Prime Farmland" to "High Density Residential" in the Greater Salinas Area Plan and rezoned from "Farmland/40 acre minimum," to "High Density Residential/5.1" units per acre with a "Historical Resources" overlay district. The subject parcels are shown and designated on "the Official Map of Spreckels, Monterey County, California, by Chas L. Pioda, C.E., December 1906," filed in the Office of the County Recorder of Monterey County, Califonria, January 8, 1907 and recorded in Volume 1 of "Maps of Cities", Page 71, to wit:
Lots 1 through 8, inclusive, and lots 13 through 20 inclusive, in Block K
Lots 1 through 8, inclusive, the southerly 1/2 of lot 13 and lot 14, save and except the easterly 7 1/2 feet of the northerly 1/2 thereof, and lots 15 through 20, inclusive, in Block L
Lots 1 through 8, inclusive, and lots 16 through 20, inclusive, in Block M. Lots 1 through 5, inclusive, and lots 13 through 20, inclusive, in Block N. Lots 1 through 8, inclusive, and lots 13 through 20, inconclusive in Block O.
Project Location: The project is located west of Llano Avenue between Fifth Street and
Spreckels Boulevard in the town of Spreckels.
Plan Area: Greater Salinas Area Flagged and staked: No Zoning Designation: Farmland/40 acre
minimum (F/40)
CEQA Action: Initial Study; Negative
Declaration
Department: Planning and Building Inspection
RECOMMENDATION:
Recommend that the Board of Supervisors: 1) Adopt the proposed Negative Declaration
2) Approve the proposed amendment to the General Plan and Greater Salinas Area Plan to
redesignate the subject lots to "High Density Residential" and rezone the subject lots in Title 21 from "Farmland/40" to "High Density residential/5.1 units per acre with a "Historical Resources" overlay.
OVERVIEW OF PROPOSED ACTION
On May 1, 2003, the property owner applied for a grading permit (GP030078) to initiate site improvements for development of 73 lots of record in the town of Spreckels. These lots are designated as "Prime Farmland" in the Greater Salinas Area Plan and zoned "Farmland/40-acre minimum" in Title 21. The grading permit application stirred concerns regarding the legal status of the subject lots. Subsequently, the property owner applied for and obtained a Parcel Legality Status Determination (BOS Res. 04-223) in which the county affirmed the legal status of the lots.
The lots range in size between 6,000 and 7,200 square feet and cover approximately 16.1 acres. None of the lots are viable agricultural land because lots between 6,000 and 7,200 sq. ft. in area cannot sustain a viable agricultural operation. The site includes roadways that have been dedicated to and accepted by the county as public thoroughfares.
The lots are part of the town of Spreckels and have been recognized as such by both the county and the state since 1907. The Greater Salinas Area Plan allows single family dwellings on legal lots of record. These lots were rezoned from "Residential" to "Farmland" in 1986 with the intention of protecting the underlying subdivision, while also allowing the property owner to cultivate the acreage at the time; a use precluded under the then-obtaining "Residential" zoning designation. Today, these lots are the only lots in the community of Spreckels that are not zoned either "Residential," "Commercial" or "Public/quasi-public uses." With plans to develop the 73 lots with single family dwellings, the question is whether this development will proceed as legal nonconforming building sites as described in Section 21.68.060 MCC or as conforming.
In approving Grading Permit No. 030078 on January 12, 2005, the Planning Commission affirmed the County's determination that the lots are legal lots of record. The commission also recommended that the County initiate steps to redesignate the lots to "High Density Residential" in the General Plan and Greater Salinas Area Plan; and rezone the lots to "High Density Residential (5.1 units per acre)"; and apply the "Historical Resources" overlay district for consistency with the town's other residential zoning. Approval of the project would make the underlying residential use of the property consistent with the Parcel Legality Status Determination approved by the Board of Supervisors on June 8, 2004. Development of the lots would be conforming rather than legal non-conforming building sites. The project would return the underlying subdivision to its previously "conforming" status.
OTHER AGENCY INVOLVEMENT:
9 Water Resources Agency 9 Environmental Health Division 9 Public Works Department
9 Parks Department 9 Fire Protection District
__________________________________ Paul Mugan
Senior Planner (831) 883-7519 May 25, 2005
This report reviewed by Lynne Mounday, Planning Services Manager
cc: Planning Commission (10); County Counsel; Lynne Mounday; Dale Ellis; Scott
Hennessy; Michael Cling; Ernest Mill; Gary Tanimura; File; Paul Mugan Attachments: Exhibit “A” Findings and Evidence
Exhibit "B" Draft Resolution; General Plan Exhibit "C" Draft Ordinance; Title 21
Exhibit “D” Negative Declaration/Initial Study (PLN050287)
Exhibit A
FINDINGS AND EVIDENCE
1. FINDING: The "Official Map of Spreckels" created the subject lots in 1907 as part of the town
of Spreckels. BOS Resolution 04-223 affirmed the legal status of said parcels through issuance of a Parcel Legality Status Determination on June 4, 2004. The lots are identified as Lots 1-8 and 13-20 of Blocks K & L; Lots 1-8 and 16-20 of Block M; Lots 1-5 and 13-20 of Block N; and Lots 1-8 and 13-20 of Block O; Official Map of Spreckels, Greater Salinas Area, town of Spreckels. The current land use designation would result in the development of said lots as legal nonconforming building sites. This amendment to the General Plan and Greater Spreckels Area Plan is justified under Government Code § 65358(a) to allow said development to proceed as conforming.
EVIDENCE: The Official Map of Spreckels
EVIDENCE: Parcel Legality Status Determination; BOS Resolution 04-223
EVIDENCE: § 21.68.060 Title 21; Monterey County Code (MCC)
EVIDENCE: Government Code § 65358(a).
EVIDENCE: Administrative record in PBI Files PLN050287; PLN040121; GP030078
EVIDENCE: Attendant Initial Study(s) and Mitigated Negative Declaration (GP030078) and Negative Declaration (PLN050287)
EVIDENCE: Spreckels Design Guidelines (BOS Resolution No. 99-075)
2. FINDING: The lots are part of the town of Spreckels and have been recognized as such by both
the county and the state since 1907. The subject lots were zoned "Residential" between 1947 and 1986, but became legal non-conforming building sites (1986) when they were redesignated and rezoned from Residential to Prime Farmland. The proposed project will not, under the circumstances of the particular application, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the general welfare of the County.
EVIDENCE: The Official Map of Spreckels
EVIDENCE: Parcel Legality Status Determination; BOS Resolution 04-223; including deeds of trust (PLN040121).
EVIDENCE: § 21.68.060 Title 21; Monterey County Code (MCC)
EVIDENCE: Exhibit "E"; Zoning Map from 1947
EVIDENCE: 1986 Greater Salinas Area Plan
EVIDENCE: Attendant Initial Study(s) and Mitigated Negative Declaration (GP030078) and Negative Declaration (PLN050287)
EVIDENCE: Spreckels Design Guidelines (BOS Resolution No. 99-075)
3. FINDING: The Spreckels Design Guidelines, as directed by BOS Resolution 99-075 shall be
applied to development of the subject lots.
EVIDENCE: BOS Resolution 99-075
4. FINDING: The project, as conditioned, will not involve a risk of significant environmental
impacts.
EVIDENCE: Administrative record in PBI Files PLN050287; PLN040121; GP030078
EVIDENCE: Attendant Initial Study(s) and Mitigated Negative Declaration (GP030078); and Negative Declaration (PLN050287)
ORDINANCE NO. __________
AN ORDINANCE OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA AMENDING TITLE 21 (ZONING) OF THE MONTEREY COUNTY CODE TO RECLASSIFY CERTAIN PROPERTY IN THE COUNTY OF MONTEREY.
This ordinance amends the sectional district map 12 and 105 contained in Section 21.08.060 of the Monterey County code to reflect a rezoning of 73 lots designated on "the Official Map of Spreckels, Monterey County, California, by Chas L. Pioda, C.E., December 1906," filed in the Office of the County Recorder of Monterey County, Califonria, January 8, 1907 and recorded in Volume 1 of "Maps of Cities", Page 71, to wit:
Lots 1 through 8, inclusive, and lots 13 through 20 inclusive, in Block K
Lots 1 through 8, inclusive, the southerly 1/2 of lot 13 and lot 14, save and except the easterly 7 1/2 feet of the northerly 1/2 thereof, and lots 15 through 20, inclusive, in Block L
Lots 1 through 8, inclusive, and lots 16 through 20, inclusive, in Block M. Lots 1 through 5, inclusive, and lots 13 through 20, inclusive, in Block N. Lots 1 through 8, inclusive, and lots 13 through 20, inconclusive in Block O
in the town of Spreckels in the Greater Salinas Area Plan from “F/40” Farmland 40 acre minimum
parcel size to, to “HDR/5.1 - HR” High Density Residential/ 5.1 units per acre with Historical
Resources zoning, Assessor’s Parcel Number(s) 177-051-002 ; 177-054-002 ; 177-055-005 ; 177-061-010 ; 177-064-006.
The Board of Supervisors of the County of Monterey ordains as follows:
SECTION 1. Title 21 (Zoning) of the Monterey County Code, Section 21.08.060 (Sectional district Maps), shall be amended by amending sections 12 and 105 of the Zoning Plan of the County of Monterey, thereby classifying the Tanimura property [see Attachment A] from “F/40," Farmland/40-acre minimum parcel size to “HDR/5.1-HR” High Density Residential/ 5.1 units per Farmland/40-acre with Historical Resources zoning and classifying the property [see Attachment A] from “Farmland/40" to “High Density Residential/5.1-Historical Resources.” Sections 12 and 105 of the Zoning District Map are hereby amended as shown on attachment A hereto.
SECTION 2. EFFECTIVE DATE. This Ordinance shall become effective on the 31st day after its adoption.
PASSED AND ADOPTED this __ day of ___ 2005 by the following vote: AYES:
NOES: ABSENT:
ABSTAIN: ___________________________________
W.B. “BUTCH” LINDLEY, Chair
Attest:
LEW BAUMAN, Clerk to the Board of Supervisors
By:________________________________ Deputy
APPROVED AS TO FORM: Charles McKee, County Counsel By:_ _________________________ Deputy
Before the Board of Supervisors County of Monterey, State of California Resolution No. _________
A Resolution of the Board of Supervisors of the County of Monterey amending the County General Plan of 1982, Figure 13b and the Greater Salinas Area Plan, Figure 9 and sections 12 and 105 of the Zoning Plan to change the land use designation and zoning of 73 lots (16.1 acres) from the "Prime Farmland" designation to a
designation of "High Density Residential" (Tanimura; APNs 177-051-002 ; 054-002 ; 055-005 ; 061-010 ; 177-064-006), located west of Llano Avenue between Fifth Street and Spreckels
Boulevard, in the town of Spreckels in the Greater Salinas Area.
WHEREAS, The Planning Commission and Board of Supervisors of Monterey County have conducted noticed public hearings pursuant to Government Code Section 65358 related to the amendment of the General and Greater Salinas Area Plan and
WHEREAS, Section 65358 of the California Government Code provides that any
mandatory element of the General Plan shall be amended no more than four (4) times during any calendar year; and
WHEREAS, the General Plan Amendment contained in this resolution constitutes the second amendment to the Monterey County General Plan and Greater Salinas Area Plan during 2005; and WHEREAS, The Board of Supervisors has considered the Initial Study and the Negative Declaration prepared for the project which includes the above noted amendment and concomitant zoning
amendment,
WHEREAS, the Board has considered the Parcel Legal Status Determination (date) affirming the legal status of lots depicted on the "Official Map of Spreckels," and
WHEREAS, The Board has considered the recommendation of staff, the Planning Commission and public testimony regarding the appropriateness of the site for development of 73 single family
dwellings, the design of the proposed dwellings in accordance with the Spreckels Design Guidelines and the Construction Management Plan and,
WHEREAS, the subject lots range in size between 6,000 and 7,200 sq. ft., which are too limited in size to sustain viable agricultural operations,
WHEREAS, The amendments would allow development of the subject lots in conformity with the Parcel Legality Status Determination and the Official Map of Spreckels,
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors:
1) Amends Figure 13b of the General Plan and the Figure 9 of the Greater Salinas Area Plan, to redesignate the Tanimura lands (Lots 1-8 and 13-20 of Blocks K & L; Lots 1-8 and 16-20 of Block M; Lots 1-5 and 13-20 of Block N; and Lots 1-8 and 13-20 of Block O; Official Map of Spreckels, Greater Salinas Area, town of Spreckels) as shown on Attachment "A" as proposed from “Prime Farmland" to "High Density Residential - 5.1 units per acre with a Historical Resources overlay; and
2) Amend Sections 12 and 105 of the Zoning Plan to rezone the subject lots as shown on Attachement A from "Farmland\40" to "High Density Residential/5.1 units per acre with a Historical Resources" (HDR/5.1-HR) overlay.|
PASSED AND ADOPTED on this ______ day of ________________, 2005, upon motion of Supervisor __________, seconded by Supervisor __________, by the following vote, to-wit: AYES:
NOES:
ABSENT:
I, Lew Bauman, 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 at page ____ of Minute Book _______, on
__________________________. Dated:
Lew Bauman, Clerk of the Board of Supervisors, County of Monterey, State of California.
By______________________________________________________ Deputy
ATTACHMENT “A”
AMENDMENTS TO BOTH THE MONTEREY COUNTY GENERAL PLAN FIGURE 13B, LAND USE AND FIGURE 9, LAND USE, OF THE GREATER SALINAS AREA PLAN
