Before the Planning Commission in and for th e County of Monterey, State of Californi a

In the matter of the application of: MURRAY (PLN070388 ) RESOLUTION NO. 09034 Resolution by the Monterey County Planning Commission: 1) Adopting the Mitigated Negative Declaration an d associated Mitigation Monitoring and Reportin g Program; and 2) Approving a Combined Development Permit consisting of a Coastal Administrative Permit fo r the demolition of an existing 2,092 square foo t single family dwelling with an attached 400 square foot garage, construction of a new 2,61 5 square foot single family dwelling with a 71 5 square foot attached garage, and grading of approximately 640 cubic yards of cut and fill ; a Coastal Development Permit to allow development within 50 feet of a Coastal Bluff; a Coastal Development Permit to allow development within 750 feet of a known archaeological resource; a Coastal Development Permit to allow development on slope greater than 30 percent; and Design Approval. (PLN070388, MURRAY, 243 Highway 1, CARME L HIGHLANDS, CARMEL AREA LAND US E PLAN, APN: 241-182-015-000)

The Murray application (PLN070388) came on for public hearing before the Monterey County Planning Commission on July 8, 2009 . Having considered all the written an d documentary evidence, the administrative record, the staff report, oral testimony, and other evidence presented, the Planning Commission finds and decides as follows :

FINDINGS

1 . FINDING : CONSISTENCY - The Project, as conditioned, is consistent with the applicable plans and policies which designate this area as appropriate for development. EVIDENCE: a) During the course of review of this application, the project has been reviewed for consistency with the text, policies, and regulations in: - the Monterey County General Plan , Cannel Area Land Use Plan, Coastal Implementation Plan (Part 4) , - Monterey County Zoning Ordinance (Title 20 ) - Ordinance 509 3 No conflicts were found to exist . No communications were received during the course of review of the project indicating any inconsistencies with the text, policies, and regulations in these documents . b) The property is located at 243 Highway 1, Carmel Highlands (Assessor's Parcel Number 241-182-015-000), Carmel Area Land Us e Plan. The parcel is zoned Low Density Residential, one unit per acre, with a Design Control District overlay, Coastal Zone ("LDR11- D (CZ)"), which allows the demolition and construction of single famil y dwellings as a principal use allowed with the approval of a discretionar y permit. Therefore, the project is an allowed land use for this site. c) Ordinance 5086: The project, as proposed, is consistent with the parameters of Ordinance 5086, as modified and extended by Ordinanc e Nos . 5093 and 5116 through October 1, 2009 . With some exceptions, the interim ordinance limits new development in a defined Canne l Highlands study area, pending completion of an Onsite Wastewate r Management Plan for the designated area. Applications for new uses that do not have the potential to generate additional wastewater may continue to be processed . Based on staff review of the propose d demolition and rebuild of an existing residence, the project will not increase wastewater/septic requirements and is allowable . d) The project planner conducted site inspections on July 31, 2007, December 12, 2008, and June 23, 2009, to verify that the project on the subject parcel conforms to the plans and ordinances listed above . e) Variance : The project involves the demolition' of an existing structure which does not meet the development standards of the Monterey Count y Zoning Ordinance (Title 20), Section 20 .14.060 (Site Development Standards), with regard to setbacks for a parcel zoned Low Density Residential (LDR) . The minimum front setback is 30 feet for LD R zoning. Due to topographical limitations on the parcel, enforcement o f a 30-foot setback would deprive the property of privileges enjoyed by other properties in the vicinity and under an identical zone classification . Therefore, the Board of Zoning Adjustment granted th e property a variance on October 11, 1960, to allow a reduction in th e front yard setback (Resolution No . BZ_119). An enlargement of the variance area was granted by the Zoning Administrator on August 18 , 1983 (Resolution No . ZA-5576). These variances remain in effect for the subject property, and resulted in the construction of the existing residence almost completely within the front yard setback (a coverag e area of almost 2,426 square feet). In addition, a portion of the existing residence was allowed to be constructed over the property line and within the Highway 1 right-of-way . According to County documentation, Caltrans raised no objections to this encroachment provided no cuts were made into the highway embankment slope . The proposed project would eliminate any encroachment into the Highway 1 right-of-way, and would reduce the amount of structural coverag e within the front setback by approximately 929 square feet. This reduction is accomplished by using available areas on the southern side of the parcel, including approximately 300 square feet of area with slope greater than 30% (see Finding No. 7). f) Visual Resources : Staff conducted site visits on July 31, 2007, December 12, 2008, and June 23, 2009 to assess the potential viewshed impacts of the project and ensure consistency with applicable LU P

MURRAY (PLN070388) Page 2

policies. The existing and proposed residences are not visible from public viewing areas; however, they are visible from Highway 1 in the area immediately above the property . The existing topography, fence , and trees screen the site from most public views . The proposed residence will be approximately six inches lower than the existing , residence. Condition No. 17 will require the applicant to verify th e height of the finished structure to ensure consistency with the approved plans. The project, as proposed, is consistent with the applicabl e policies of the LUP. g) Cultural Resources : The project includes a Coastal Development Permit to allow development within 750 feet of a known archaeologica l resource. County records also identify the project site is within an are a of high sensitivity for prehistoric cultural resources ; therefore, the applicant submitted an archaeological report (LIB090017) for the project site. The report concluded that the project area may contai n potentially significant pre-historic cultural resources due to the proximity of the known archaeological resource . The report recommends that due to the project's proximity to this know n archaeological resource, monitoring of construction activities is require d to reduce potential project impacts to a less than significant level . With County required Conditions of Approval and Mitigations, impacts to prehistoric cultural resources would be mitigated to less than significant (see Finding 5). h) The project was referred to the Carmel Highlands Land Use Advisory Committee (LUAC) for review. Based on the LUAC Procedur e guidelines adopted by the Monterey County Board of Supervisors pe r Resolution No. 08-338, this application did warrant referral to the LUAC because it involves development requiring CEQA review, and i t involves a Design Approval subject to review by the Plannin g Commission. The Cannel Highlands LUAC unanimously recommended approval, with conditions, at a public meeting held on January 5, 2009. In addition, seven neighbors attended the LUA C meeting and expressed support for the project. i) The application, project plans, and related support materials submitte d by the project applicant to the Monterey County RMA - Plannin g Department for the proposed development found in Project Fil e PLN070388.

2. FINDING: SITE SUITABILITY - The site is physically suitable for the use proposed. EVIDENCE: a) The project has been reviewed for site suitability by the followin g departments and agencies : RMA - Planning Department, Cannel Highlands Fire Protection District, Parks Department, Public Work s Department, Environmental Health Division, and Water Resource s Agency. There has been no indication from these departments/agencies that the site is not suitable for the proposed development . Conditions recommended have been incorporated . b) Staff identified potential impacts to Biological Resources , Archaeological Resources, Soil/Slope Stability, and Historic Resources . Technical reports/letters by outside archaeological, biological, historic ,

MURRAY (PLN070388) Page 3 and engineering consultants indicated that there are no physical or environmental constraints that would indicate that the site is not suitabl e for the use proposed . County staff independently reviewed these reports and concurs with their conclusions . The following reports have been prepared: Preliminary Cultural Resources Reconnaissance (LIB090017 ) prepared by Susan Morley, Pacific Grove, California, August 7 , 2008 . - Historic Review (LIB090021) prepared by Kent L . Seavey, Pacific Grove, California, August 12, 2008 . Geotechnical Report (LIB090019) prepared by Grice Engineering Inc., Salinas, California, August 2008 . - Refraction Seismic Investigation (LIB090018) prepared by Gasc h & Associates, Rancho Cordova, California, August 25, 2008 . - Geotechnical Letter prepared by Grice Engineering Inc ., Salinas, California, June 28, 2009 . Biotic Survey (LIB090020) prepared by Botanical Consulting Services, Carmel, California, August 31, 2008 . Biotic Survey - Supplemental (LIB090217) prepared by Botanical Consulting Services, Carmel, California, April 10, 2009. c) Staff conducted site inspections on July 31, 2007, December 12, 2008 , and June 23, 2009 to verify that the site is suitable for this use. d) The application, project plans, and related support materials submitte d by the project applicant to the Monterey County RMA - Plannin g Department for the proposed development found in Project Fil e PLN070388 .

3 . FINDING: HEALTH AND SAFETY - The establishment, maintenance, or operation of the project applied for will not 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 th e neighborhood of such proposed use, or be detrimental or injurious t o property and improvements in the neighborhood or to the general welfare of the County. EVIDENCE: a) The project was reviewed by RMA - Planning Department, Canne l Highlands Fire Protection District, Parks Department, Public Work s Department, Environmental Health Division, and Water Resource s Agency. The respective departments/agencies have recommende d conditions, where appropriate, to ensure that the project will not have a n adverse effect on the health, safety, and welfare of persons eithe r residing or working in the neighborhood. b) Necessary public facilities are available. The property is and will b e served by a public water system (CAL - AM) and an existing septi c system. The Environmental Health Division reviewed the project an d did not impose any conditions for project approval . c) Preceding findings and supporting evidence for PLN070388 .

4. FINDING: NO VIOLATIONS - The subject property is in compliance with al l rules and regulations pertaining to zoning uses, subdivision, and any other applicable provisions of the County's zoning ordinance . No

MURRAY (PLN070388) Page 4 violations exist on the property. EVIDENCE: a) Staff reviewed Monterey County RMA - Planning Department and Building Services Department Monterey County records and is not aware of any violations existing on subject property . b) Staff conducted site inspections on July 31, 2007, December 12, 2008 , and June 23, 2009 and researched County records to assess if an y violation exists on the subject property . c) There are no known violations on the subject parcel . d) 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 PLN070388 .

5 . FINDING: CEQA (Mitigated Negative Declaration) - On the basis of the whole record before the Monterey County Planning Commission, there is no substantial evidence that the proposed project as designed, conditione d and mitigated, will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County. EVIDENCE: a) Public Resources Code Section 21080 .d and California Environmental Quality Act (CEQA) Guidelines Section 15064 .a.1 require environmental review if there is substantial evidence that the projec t may have a significant effect on the environment. b) The Monterey County Planning Department prepared an Initial Study pursuant to CEQA . The Initial Study is on file in the offices of the Planning Department and is hereby incorporated by referenc e (PLN070388) . c) The Draft Mitigated Negative Declaration (MND) for PLN070388 wa s prepared in accordance with CEQA and circulated for public review from May 4 to June 2, 2009 (SCH#2009051009) . Issues that were analyzed in the Draft MND include aesthetic resources, biologica l resources, cultural resources, hydrology and water quality, and land us e and planning. d) The Initial Study identified several potentially significant effects, bu t the applicant has agreed to proposed mitigation measures that avoid the effects or mitigate the effects to a point where clearly no significan t effects would occur . The Initial Study is on file in the RMA-Planning Department and is hereby incorporated by reference (PLN070388) . e) To mitigate/reduce the potential physical impacts of the project, the following mitigation measures have been incorporated : Biological Resources - Mitigation 1 (Condition No . 29), Mitigation 2 (Condition No. 30), and Mitigation 3 (Condition No . 31) address the potential impacts to wildlife habitat associated with project demolitio n and construction. The biological reports prepared for the project identified the potential for construction-related impacts to the rock y inter-tidal area or ocean with dust, dirt, trash, liquids, water , construction materials etc ., created during the construction process . In order to reduce these potential impacts to a level of less than significant , the applicant shall be required to construct a barrier below the buildin g site to prevent debris from entering the inter-tidal area or ocean . In addition, the applicant shall be required to control run-off from the site

MURRAY (PLN070388) Page 5 during the construction process . These measures shall be inspecte d weekly and reported to the RMA-Planning Department on a monthl y basis to ensure effectiveness . Mitigation 4 (Condition No. 32) shall prevent the applicant from using unnatural lighting in Wildcat Cove that could potentially disrupt marine birds and/or mammals . Cultural Resources - The archaeological report prepared for the sit e concluded the project area may contain potentially significant pre- historic cultural resources . In order to reduce the potential impacts t o less than significant, Mitigation 5 (Condition No . 33) shall require an archaeological monitor on-site during all phases of demolition and construction involving earth-disturbing activities . f) All project changes required to avoid significant effects on the environment have been incorporated into the project and/or are mad e conditions of approval. A Condition Compliance and Mitigation Monitoring and/or Reporting Plan has been prepared in accordance with Monterey County regulations and is designed to ensure complianc e during project implementation and is hereby incorporated herein b y reference as Exhibit 1 . The applicant must enter into an "Agreement to Implement a Mitigation Monitoring and/or Reporting Plan as a condition of project approval (Condition 6) . g) Evidence that has been received and considered includes : the application, technical studies/reports (see Finding 2/Site Suitability), staff reports that reflect the County's independent judgment, and information and testimony presented during public hearings (a s applicable) . These documents are on file in the RMA-Plannin g Department (PLN070388) and are hereby incorporated herein b y reference. h) Staff analysis contained in the Initial Study and the record as a whole indicate the project could result in changes to the resources listed i n Section 753.5(d) of the Department of Fish and Game (DFG) regulations . All land development projects that are subject to environmental revie w are subject to a State filing fee plus the County recording fee, unless the Department of Fish and Game determines that the project will have n o effect on fish and wildlife resources. For purposes of the Fish and Game Code, the project may have a significant adverse impact on the fish and wildlife resources upon which the wildlife depends . State Department of Fish and Game reviewed the MND to comment and recommend necessary conditions to protect biological resources in thi s area. Therefore, the project will be required to pay the State fee of $1,993 .00 plus a fee of $50.00 payable to the Monterey County Clerk/Recorder for processing said fee and posting the Notice o f Determination (NOD). See Condition No . 5 . i) The County has considered the comments received during the public review period, and they do not alter the conclusions in the Initial Study and Mitigated Negative Declaration. The County received comment s from the California Coastal Commission regarding the completeness of the geotechnical report and the potential viewshed impacts. Based on discussions with the geotechnical engineer for the project, staff confirmed and clarified the geotechnical and seismic conclusions, and the applicant submitted a supplemental letter addressing the concern o f

MURRAY (PLN070388) Page 6 the Coastal Commission about potential site erosion . Condition Nos. 8 and 9 will require the applicant to provide certification that th e development was constructed in accordance with the project geologic and geotechnical reports . Condition No. 26 will require the applicant to submit a drainage plan to be reviewed and approved by the Water Resources Agency. Regarding the potential visual impacts, th e proposed residence will be approximately six inches lower than th e existing residence. Condition No . 17 will require the applicant to verify the height of the finished structure to ensure consistency with the approved plans. The photo-simulations provided in the plans are approximations only. Staff review of the staking and flagging indicate d that the project, as proposed, is consistent with the applicable policies of the LUP. In addition, the applicant's design minimizes the overall structural visibility compared to more traditional designs . The proposed design also shifts the mass of the structure south by approximately 26 feet, which will decrease the visibility of the residence within the publi c viewshed. The proposed design also decreases the net square footag e within the front setback by approximately 929 square feet, and remove s the structure from the Highway 1 right-of-way. Condition No. 19 will require the applicant to use materials and colors that will blend with the surrounding environment. j) The County received "No Comment" or standard response letters fro m the Monterey Bay Unified Air Pollution Control District, th e Association of Monterey Bay Area Governments, and the Nativ e American Heritage Commission . k) The Monterey County Planning Department, located at 168 W. Alisal, Second Floor, Salinas, California, 93901, is the custodian of documents and other materials that constitute the record of proceedings upon which the decision to adopt the negative declaration is based .

6 FINDING : PUBLIC ACCESS - The project is in confouuance with the public access and recreation policies of the Coastal Act (specifically Chapter 3 of the Coastal Act of 1976, commencing with Section 30200 of the Public Resources Code) and Local Coastal Program, and does not interfere with any form of historic public use or trust rights . EVIDENCE: a) No access is required as part of the project as no substantial adverse impact on access, either individually or cumulatively, as described in Section 20.146.130 of the Monterey County Coastal Implementatio n Plan can be demonstrated . b) The subject property is not described as an area where the Local Coastal Program requires public access (Figure 3, Public Access Map, in the Carmel Area Land Use Plan) . No public access points or trails are located on the parcel . Moreover, Figure 3 identifies this area as inappropriate for beach access. c) No evidence or documentation has been submitted or found showin g the existence of historic public use or trust rights over this property. d) 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 PLN070388. e) The project planner conducted site inspections on July 31, 2007 ,

MURRAY (PLN070388) Page 7 December 12, 2008, and June 23, 2009 .

7 FINDING: DEVELOPMENT ON SLOPE - The proposed development better achieves the goals, policies and objectives of the Monterey County General Plan and Cannel Area Land Use Plan and the Monterey County Zoning Ordinance (Title 20) than other development alternatives, an d there is no feasible alternative which would allow development to occu r on slopes of less than 30%. EVIDENCE: a) In accordance with the applicable policies of the Carmel Area Land Us e Plan and the Monterey County Zoning Ordinance (Title 20), a Coastal Development Peiniit is required and the authority to grant said permi t has been met. b) The project includes application for development on slopes exceeding 30%. Policy 2.7.4.1 of the Carmel Area Land Use Plan states that "Al l development shall be sited and designed to conform to site topography and to minimize grading and other site preparation activities ." The area of 30% slope disturbed during construction will be less than 300 square feet. The topography of the parcel significantly limits the availabl e building area. Based on the site limitations and plans provided, there is no feasible alternative which would allow development to occur o n slopes of less than 30%. c) Staff has reviewed the project plans and visited the site to analyz e possible development alternatives . The parcel, approximately .7 of an acre (31,565 square feet), consists of topography that steeply slope s from Highway 1 on the east boundary to the Pacific Ocean on the West boundary. Approximately 50% of the parcel has slopes in excess of 30%, limiting the majority area of less than 30% slope to that portion o f the parcel within the 30-foot front setback . The proposed single family dwelling was carefully designed to avoid slopes in excess of 30% as much as possible, adhere to the site development standards, and blen d with the surrounding topography and environment . If the proposed single family dwelling was redesigned to avoid development on slope s of 30%, the structure would be more inconsistent with setbac k requirements. By shifting the proposed development to the south end o f the parcel, approximately 837 interior square feet of the new residence will meet the site development standards, the new residence will be located completely within the property lines, and encroachment o f structural coverage within the front setback will be reduced by approximately 929 square feet . Therefore, the proposed development better achieves the goals, policies, and objectives of the Montere y County Local Coastal Program than other development alternatives . d) The Planning Commission shall require such conditions and changes in the development as it may deem necessary to assure compliance with Section 20.64.230.E.2 of the Monterey County Zoning Ordinanc e (Condition Nos. 7, 8, 9, and 10). e) The application, plans and supporting materials submitted by the projec t applicant to the Monterey County Planning Department for the proposed development are found in Project File PLN070388 . f) The project planner conducted site inspections on July 31, 2007, December 12, 2008, and June 23, 2009 .

MURRAY (PLNO70388) Page 8

g) The subject project minimizes development on slopes exceeding 30% i n accordance with the applicable goals and policies of the applicable are a plan and zoning codes .

8 FINDING: APPEALABILITY - The decision on this project may be appealed to th e Board of Supervisors and the California Coastal Commission. EVIDENCE: a) Board of Supervisors: Section 20.86.030 of the Monterey County Zoning Ordinance (Title 20) . An appeal may be made to the Board o f Supervisors by any public agency or person aggrieved by a decision of an Appropriate Authority other than the Board of Supervisors . b) California Coastal Commission : Sections 20.86.080.A.l, A.2, and A.3 of the Monterey County Zoning Ordinance (Title 20). The project is subject to appeal by/to the California Coastal Commission because development between the sea and the first through public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever i s the greater distance ; or development within 300 feet of the top of th e seaward face of any coastal bluff; and development involving a conditional use.

DECISION

NOW, THEREFORE, based on the above findings and evidence, the Planning Commission does hereby: A. Adopt the Mitigated Negative Declaration; B. Approve a Combined Development Permit consisting of a Coastal Administrative Permit for the demolition of an existing 2,092 square foot single family dwelling wit h an attached 400 square foot garage, construction of a new 2,615 square foot singl e family dwelling with a 715 square foot attached garage, and grading of approximately 640 cubic yards of cut and fill ; a Coastal Development Permit to allow developmen t within 50 feet of a Coastal Bluff; a Coastal Development Permit to allow development within 750 feet of a known archaeological resource ; a Coastal Development Permit to allow development on slope greater than 30 percent ; and Design Approval, in general conformance with the attached sketch (Exhibit 2) and subject to the conditions (Exhibit 1), both exhibits being attached hereto and incorporated herein by reference ; and C. Adopt the Mitigation Monitoring and Reporting Program (Exhibit 1).

PASSED AND ADOPTED this 8th day of July, 2009 by the following vote :

AYES: Pessagno, Brown, Isakson, Rochester, Salazar, Vandevere, Sanchez, Diehl , Padilla, Ottone NOES: None ABSENT: None ABSTAIN: None

aM, A 1NG SECRETARY

MURRAY (PLN070388) Page 9

COPY OF THIS DECISION MAILED TO APPLICANT ON. Jul 1 4 2009, THIS APPLICATION IS APPEALABLE TO THE BOARD OF SUPERVISORS .

IF ANYONE WISHES TO APPEAL THIS DECISION, AN APPEAL FORM MUST BE COMPLETE D AND SUBMITTED TO THE CLERK TO THE BOARD ALONG WITH THE APPROPRIATE FILIN G FEE ON OR BEFORE JUL 2 4 2009 THIS PROJECT IS LOCATED IN THE COASTAL ZONE AND IS APPEALABLE TO TH E COASTAL COMMISSION . UPON RECEIPT OF NOTIFICATION OF THE FINAL LOCAL ACTION NOTICE (FLAN) STATING THE DECISION BY THE FINAL DECISION MAKING BODY, TH E COMMISSION ESTABLISHES A 10 WORKING DAY APPEAL PERIOD. AN APPEAL FORM MUST BE FILED WITH THE COASTAL COMMISSION . FOR FURTHER INFORMATION, CONTACT THE COASTAL COMMISSION AT (831) 427-4863 OR AT 725 FRONT STREET, SUIT E 300, SANTA CRUZ, CA.

This decision, if this is the final administrative decision, is subject to judicial review pursuant to Californi a Code of Civil Procedure Sections 1094 .5 and 1094.6. Any Petition for Writ of Mandate must be filed with the Court no later than the 90th day following the date on which this decision becomes fmal .

NOTES

1. You will need a building permit and must comply with the Monterey County Building Ordinanc e in every respect.

Additionally, the Zoning Ordinance provides that no building permit shall be issued, nor any us e conducted, otherwise than in accordance with the conditions and terms of the permit granted o r until ten days after the mailing of notice of the granting of the permit by the appropriate authority, or after granting of the permit by the Board of Supervisors in the event of appeal .

Do not start any construction or occupy any building until you have obtained the necessar y permits and use clearances from the Monterey County Planning Department and Building Services Department office in Salinas.

2. This permit expires 4 years after the above date of granting thereof unless construction or use i s started within this period .

MURRAY (PLNO70388) Page 1 0

RESOLUTION 09034 - EXHIBIT 1 Project Name : MURRAY Monterey County Resource Management Agenc y Planning Department File No.: PLN070388 APN: 241-182-015-000 Condition Compliance and/or Mitigation Monitorin g Approved by : Planning Commission Date : July 8, 2009 Reporting Plan

*Monitoring or Reporting refers to projects with an EIR or adopted Mitigated Negative Declaration per Section 21081 .6 ofthe Public Resources Code.

( omplloncc or ,llcritorin<~ 1ction s crificoti(u1 Permit Responsibl e l ilt! " . (011 (11l[UIIJ Uf .app rll t '(!i rl /1 (1 U/' l /1fI (11(0/i )Jc 01llrL' y and i0 l C pt/tot l17cc1. ll here apply Nhlc', a ~~f ( on(1. r orit' ,fo r Tinlin~ I \unlher Rccpnnsihle I and L se Pt par/men/ certified prolessinluil is required fi r Complianc e 1 unlhc°r ( nnlplianc•e action to he accepted. Maine date ) RMA - PLANNING DEPARTMENT 1 . PD001- SPECIFIC USES ONLY Adhere to conditions and uses specifie d Owner / Ongoing This Combined Development Permit (PLN070388) allow s in the permit. Applicant unless the demolition of an existing 2,092 square foot single otherwise family dwelling with an attached 400 square foot stated. garage, construction of a new 2,615 square foot single family dwelling with a 715 square foot attached garage , and grading of approximately 640 cubic yards of cut and fill, development within 50 feet of a Coastal Bluff, development within 750 feet of a known archaeological resource, development on slope greater than 30 percent , and Design Approval . This permit was approved in accordance with County ordinances and land use regulations subject to the following terms and conditions . Neither the uses nor the construction allowed by thi s permit shall commence unless and until all of the conditions of this permit are met to the satisfaction of th e Director of the RMA - Planning Department. Any use or construction not in substantial conformance with the term s and conditions of this permit is a violation of County regulations and may result in modification or revocation of this permit and subsequent legal action. No use or construction other than that specified by this permit i s allowed unless additional permits are approved by the

MURRAY (PLNO 70388) Page 11

_ ------~ C.olllpll(Inceor 1l(lltltol'nlglctl(llls ' crlflca/io n Permit Responsible ,firth . C ondttio is of ipplol 'al and ()l' Illtigatloll lleasul cs and to he per/onne(1 II nett' appilcahlc, a of -, Gain. l arty fa r 7Ynlin1 « umber Responsible land 1se Departmen t certified profc'ssiolull is required fo r C 'omp/lan e C onlplianee \anther action to be atccptc d. (name (laic) appropriate authorities. To the extent that the County has delegated any condition compliance or mitigation monitoring to the Monterey County Water Resource s Agency, the Water Resources Agency shall provide all information requested by the County and the County shal l bear ultimate responsibility to ensure that conditions and mitigation measures are properly fulfilled. (RMA - Planning Department) 2 . PD002 - NOTICE - PERMIT APPROVA L Proof of recordation of this notice shall Owner/ Prior to the The applicant shall record a notice which states : "A be furnished to the RMA - Planning Applicant issuance of permit (Resolution 09034) was approved by the Plannin g Department. grading Commission for Assessor's Parcel Number 241-182-015 - and 000, located at 243 Highway 1, Carmel Highlands, o n building May 27, 2009. The permit was granted subject to thirty- permits or three (33) conditions of approval which run with the land . com- A copy of the permit is on file with the Monterey County mence- RMA - Planning Depantment." Proof of recordation of ment of this notice shall be furnished to the Director of the RMA - use. Planning Department prior to issuance of building permits or commencement of the use. (RMA - Planning Department) 3 . PD003(B) - CULTURAL RESOURCES - The applicant shall submit the contract s Owner / Prior to the POSITIVE ARCHAEOLOGICAL REPORT with a Registered Professiona l Applicant issuance of per Archae - If archaeological resources or human remains ar e Archeologist and a Registered grading or ologist accidentally discovered during construction, th e Professional Anthropologist to the building following steps will be taken : Director of the RMA - Plannin g permits or - There shall be no further excavation or disturbance Department for approval . approval of of the site or any nearby area reasonably suspecte d Sub. to overlie adjacent human remains until : Improve- - The coroner of the county in which the remains ar e ment discovered must be contacted to determine that n o Plans, investigation of the cause of death is required, an d whichever - If the coroner determines the remains to be Nativ e occurs American: first.

MURRAY (PLNO70388) Page 12

G,tttp/lam_c or 1loititoritt,ti lotion s erificaliott Pettnil Reslant thle 11iti* ComittionS of t pproral and or alitication leastnes and to be pet formed. It here applii able, a of Cond. 1 aril' fo r I /min L um ber R espons ible l ant i 1 se D epartment certifi e d prof ess inrur l ic requ i red for e Com p li ance Compliance \anther action to he accepted. ant c' elate) - The coroner shall contact the Native America n The requirements of this condition shal l Owner / Prior to the Heritage Commission and the RMA - Plannin g be included as a note on all grading and Applicant issuance of Department within 24 hours . building plans. grading or The Native American Heritage Commission shal l building identify the person or persons from a recognized permits . local tribe of the Esselen, Salinan, Costonoans/ Ohlone and Chumash tribal groups, as appropriate , to be the most likely descendent . The most likely descendent may make recommendations to the landowner or the perso n responsible for the excavation work, for means o f treating or disposing of, with appropriate dignity , the human remains and any associated grave good s as provided in Public Resources Code Sectio n 5097.9 and 5097.993, or Where the following conditions occur, th e landowner or his authorized representatives shal l rebury the Native American human remains an d associated grave goods with appropriate dignity o n the property in a location not subject to further subsurface disturbance : 1 . The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after bein g notified by the commission. 2. The descendent identified fails to make a recommendation; or 3 . The landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. (RMA - Planning Department)

MURRAY (PLNO 70388) Page 1 3

(on/pliuin e or 11otritorin ,; lc oons I critic ation Permit Responsibl e 11iti . Conditions of lpprotul atul o r Ilititianinn lleustlres and to bc: pettotmcd. II het e applicable, a of ( ml. Patti' for Titnin« \umber Responsible 1 and 1 s e 1)c/nlrtlnent certified professional is required for ('onrpliinrce Number ( onipliattic action to be aicepfed. (name date) 4. PD004 - INDEMNIFICATION AGREEMEN T Submit signed and notarized Owner/ Upon The property owner agrees as a condition and i n Indemnification Agreement to the Applicant demand of consideration of the approval of this discretionary Director of RMA - Planning Department County development permit that it will, pursuant to agreement for review and signature by the County. Counsel or and/or statutory provisions as applicable, including but no t concurrent limited to Government Code Section 66474 .9, defend, Proof of recordation of the with the indemnify and hold harmless the County of Monterey or Indemnification Agreement, as outlined, issuance of its agents, officers and employees from any claim, action shall be submitted to the RMA - building or proceeding against the County or its agents, officers o r planning Department. permits, employees to attack, set aside, void or annul this approval, use of the which action is brought within the time period provided property, for under law, including but not limited to, Government filing of the Code Section 66499 .37, as applicable . The property final map, owner will reimburse the county for any court costs and whichever attorney's fees which the County may be required by a occurs first court to pay as a result of such action . County may, at its and as sole discretion, participate in the defense of such action ; applicable but such participation shall not relieve applicant of his obligations under this condition . An agreement to this effect shall be recorded upon demand of County Counse l or concurrent with the issuance of building permits, use of the property, filing of the fmal map, whichever occurs first and as applicable . The County shall promptly notify the property owner of any such claim, action or proceeding and the County shall cooperate fully in the defens e thereof. If the County fails to promptly notify the property owner of any such claim, action or proceeding or fails to cooperate fully in the defense thereof; the property owner shall not thereafter be responsible to defend, indemnify or hold the county harmless . (RMA - Planning Department) 5 . PD005 - FISH AND GAME FEE-NEG DEC/UR The applicant shall submit a check, Owner / Within 5 Pursuant to the State Public Resources Code § 753 .5, State payable to the County of Monterey, to the Applicant working Fish and Game Code, and California Code of Regulations , Director of the RMA - Planning days of the applicant shall pay a fee, to be collected by the Department. project

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(onlplianc or lluttih)riltg I ctiolt s ! eriI'tc(rlio n Permit hesponsihle 11rti «. (ondiliotts of I pp rowtl and or Uititiatiott 1leacure s unul to he pet/nrtne(I II /wit, ahhli( aNe , a of ( ond. 1 aril' fur Tirnnrti 1i un her Respons ibl e I Ull d 1 to l) cj ~ arnnen t cer ti/i ct i lu o/ ess ioi ta l is re q uired fot (7nn p lianc e Vttnther ('oniplianee action 10 he accyNetl. titanicdate) County, within five (5) working days of project approval . approval. This fee shall be paid before the Notice of Determinatio n If the fee is not paid within five (5 ) Owner / Prior to the is filed. If the fee is not paid within five (5) working days , working days, the applicant shall submit Applicant start of use the project shall not be operative, vested or fmal until the a check, payable to the County of or the filing fees are paid . (RMA - Planning Department) Monterey, to the Director of the RMA - issuance of Planning Department. building or grading permits. 6. PD006 - MITIGATION MONITORING PROGRAM 1) Enter into agreement with the Owner / Within 60 The applicant shall enter into an agreement with the County to implement a Mitigation Applicant days after County to implement a Mitigation Monitoring and/o r Monitoring Program. project Reporting Plan in accordance with Section 21081 .6 of the approval or California Public Resources Code and Section 15097 o f 2) Fees shall be submitted at the tim e prior to the Title 14, Chapter 3 of the California Code of Regulations. the property owner submits the signe d issuance of Compliance with the fee schedule adopted by the Boar d mitigation monitoring agreement. grading of Supervisors for mitigation monitoring shall b e and required and payment made to the County of Montere y building at the time the property owner submits the signe d permits, mitigation monitoring agreement. (RMA - Planning whichever Department) occurs first. 7. PD007 - GRADING-WINTER RESTRICTIO N Obtain authorization from the Director o f Owner / Ongoing No land clearing or grading shall occur on the subject RMA - Building Services Department to Applicant parcel between October 15 and April 15 unless authorized conduct land clearing or grading between by the Director of RMA - Building Services Department . October 15 and April 15 . (RMA - Planning Department and Building Services Department) 8. PD008 - GEOLOGIC CERTIFICATIO N Submit certification by the geologic Owner / Prior to Prior to fmal inspection, the geologic consultant shall consultant to the RMA - Planning Applicant / final provide certification that all development has been Department showing project' s Geologic inspection . constructed in accordance with the geologic/seismic compliance with the geologic/seismic Consultant report. (RMA - Planning Department and Buildin g report. Services Department)

MURRAY (PLN070388) Page IS C'onlplianec or llonitoringlction s I critic (Ilio n Petlnit Responsible l/ia* ondifions of 1pproi'a/ and or llitization lleacnres an d to he performed. II here applicable, a of . Party fo r lnnnr~ (nnd Responsible Land (se Departmen t certifled proftssional is required fo r Compliance Vulnbcr (0111pliane e Number action to he accept(ad. titanic date) 9. PD009 - GEOTECHNICAL CERTIFICATIO N Submit certification by the geotechnica l Owner / Prior to Prior to fmal inspection, the geoteclmical consultant shal l consultant to the RMA - Building Applicant / fmal provide certification that all development has been Services Department showing project's Geo- inspection. constructed in accordance with the geoteclmical report . compliance with the geotechnical technical (RMA - Planning Department and Building Services report. Consultant Department)

10. PD010 - EROSION CONTROL PLAN AND An Erosion Control Plan shall be Owner/ Prior to SCHEDULE submitted to the RMA - Plannin g Applicant issuance of The approved development shall incorporate the Department and the RMA - Building grading and recommendations of the Erosion Control Plan as reviewe d Services Department prior to issuance building by the Director of RMA - Planning and Director of of building and grading permits . permits. Building Services . All cut and/or fill slopes exposed Comply with the recommendations of Owner/ Ongoing during the course of construction be covered, seeded, o r the Erosion Control Plan during the Applicant otherwise treated to control erosion during the course o f course of construction until project construction, subject to the approval of the Director o f completion as approved by the Director RMA - Planning and Director of RMA - Buildin g of RMA - Planning and Director of Services. The improvement and grading plans shal l RMA - Building Services . include an implementation schedule of measures for th e Evidence of compliance with th e Owner/ Prior to prevention and control of erosion, siltation and dust during Implementation Schedule shall be Applicant final and immediately following construction and until erosio n submitted to the RMA -Planning inspection. control planting becomes established . This program shall Department and the RMA -Buildin g be approved by the Director of RMA - Planning an d Services Department Director of RMA - Building Services . (RMA - Plannin g Department and RMA - Building Services Department) 11 . PD011- TREE AND ROOT PROTECTION Submit evidence of tree protection t o Owner / Prior to Trees which are located close to the construction site(s) the RMA - Planning Department fo r Applicant issuance of shall be protected from inadvertent damage fro m review and approval . grading an d construction equipment by fencing off the canop y building driplines and/or critical root zones (whichever is greater ) permits. with protective materials, wrapping trunks with protective Submit on-going evidence that tree Owner / During materials, avoiding fill of any type against the base of the protection measures are in plac e Applicant / con- trunks and avoiding an increase in soil depth at the feedin g through out grading and construction Arborist struction. zone or drip-line of the retained trees . Said protection, phases . If damage is possible, submit

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T ( om/tliarrec or 1lonitorirrg tction s 1 crificat/o n Permit Res/tonsihlc' 1llti . (mu/Mons of .1pproral un~/ or llititiutiort 1/cavil-es an d to he pe't/orntcil. II here etppllcuble, (1 of Cnncl. Part yfo r l'irnin, \ umber Responsible I .unli (St' Departmen t certified profes.cionul is require" fo r (bntpliunc e ( ontplictrtcc \wither octhin to he accepted. (name thnc) approved by a certified arborist, shall be demonstrated an interim report prepared by a prior to issuance of building permits subject to the certified arborist. approval of the RMA - Director of Planning . If there is Submit photos of the trees on the Owner / Prior to any potential for damage, all work must stop in the area property to the RMA - Plannin g Applicant final and a report, with mitigation measures, shall be submitted Department after construction to inspection. by a certified arborist . Should any additional trees no t document that tree protection has been included in this permit be harmed, during grading or successful or if follow-up remediation construction activities, in such a way where removal i s or additional permits are required. required, the owner/applicant shall obtain required permits.(RMA - Planning Department)

12. PDO12(D) - LANDSCAPE PLAN AND Submit landscape plans and Owner/ Prior to MAINTENANCE - MONTEREY PENINSULA contractor's estimate to the RMA - Applicant/ issuance of WATER MANAGEMENT DISTRICT (SINGLE Planning Department for review and Licensed building FAMILY DWELLING ONLY) (NON-STANDARD ) approval. Landscaping plans shal l Landscape permits. The site shall be landscaped. Prior to the issuance of include the recommendations from the Contractor/ building permits, three (3) copies of a landscaping plan Forest Management Plan or Biologica l Licensed shall be submitted to the Director of the RMA - Planning Survey as applicable . Landscape Department. A landscape plan review fee is required for Architect this project . Fees shall be paid at the time of landscap e Landscaping shall be either installed or a Owner/ Prior to plan submittal. The landscaping plan shall be in sufficient certificate of deposit or other form o f Applicant/ occupancy. detail to identify the location, species, and size of the surety made payable to Monterey County Licensed proposed landscaping materials and shall include an for that cost estimate shall be submitte d Landscape irrigation plan. The plan shall be accompanied by a to the Monterey County RMA - Planning Contractor/ nursery or contractor's estimate of the cost of installatio n Department. Licensed of the plan. Before occupancy, landscaping shall be either Landscape installed or a certificate of deposit or other form of surety Architect made payable to Monterey County for that cost estimate All landscaped areas and fences shall b e Owner / Ongoing shall be submitted to the Monterey County RMA - continuously maintained by th e Applicant Planning Department. All landscaped areas and fences applicant; all plant material shall be shall be continuously maintained by the applicant ; all continuously maintained in a litter-free, plant material shall be continuously maintained in a litter- weed-free, healthy, growing condition . free, weed-free, healthy, growing condition . (RMA - Planning Department)

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(oniplian(e or I/on/tolr~) , ILthin s l ( rit alien li Pernlil Kcr~ltonsiblc l1i. i,,. (onrllllolt) r f Ipprol al r1/1(I of ~Iiti oili 11 IleaslnC 1 rin d to hC I Uf wined. It bete (1ll llc able, i f ( on( l Pam fo r )lnlill , ti Nlunher Responsible Llnlrl (sc' 1)t/WM11CW certified professional is regllirt'rl fo r (onlpl1all C Number Compliance (lc rirrll 10 he acPpled. (1111111C (hilt) 13 . PDO14(A) - LIGHTING - EXTERIOR LIGHTING Submit three copies of the lightin g Owner / Prior to the PLAN plans to the RMA - Planning Applicant issuance of All exterior lighting shall be unobtrusive, down-lit, Department for review and approval . building harmonious with the local area, and constructed or located Approved lighting plans shall be permits. so that only the intended area is illuminated and off -sit e incorporated into final building plans . glare is fully controlled. The applicant shall submit 3 The lighting shall be installed an d Owner / Prior to copies of an exterior lighting plan which shall indicate the maintained in accordance with the Applicant occupancy location, type, and wattage of all light fixtures and includ e approved plan. / ongoing. catalog sheets for each fixture . The lighting shall comply with the requirements of the California Energy Code set forth in California Code of Regulations, Title 24, Part 6 . The exterior lighting plan shall be subject to approval b y the Director of the RMA - Planning Department, prior t o the issuance of building permits . (RMA - Planning Department) 14. PD021- DEED RESTRICTION - FIRE HAZARD Submit signed and notarized document Owner / Prior to the Prior to the issuance of a building permit the applicant to the Director of RMA - Planning Applicant issuance of shall record a deed restriction which states : "The parcel is Department for review and signature by grading or located in a high fire hazard area and development may b e the County. building subject to certain restrictions required as per Sectio n permits. 20.146.080.D.3 of the Coastal Implementation Plan for the Proof of recordation of the document Owner / Prior to Carmel Area and per the standards for development of shall be submitted to the RMA - Applicant occupancy residential property." (RMA - Planning Department) Planning Department . or commence ment of use. 15 . PD032(A) - PERMIT EXPIRATION The applicant shall obtain a valid Owner / As stated The permit shall be granted for a time period of 4 years, t o grading or building permit and/or Applicant in the expire on July 8, 2013, unless use of the property or actual commence the authorized use to the conditions construction has begun within this period . (RMA - satisfaction of the Director o f of Planning Department) Planning. Any request for extension approval. must be received by the Planning Department at least 30 days prior to th e expiration date.

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Coteplianc e or 11onitorn lc tious 1 critic ation Permit ° r Responsibl e 11itig. Conditions of lpprov al and or 1 /ititiution 1lcasures an d to he per/ortncd 11 here applic able, a of (ontl. / arty for Tinrira umber Responsible Land Lse Department cert i fie d profess i ona l i s reyu i ret / fo r (` ortrp liance Conip/lance Nnnthcr action to be act pled. (name elate) 16 . PD035 - UTILITIES - UNDERGROUND Install and maintain utility and Owner / Ongoing All new utility and distribution lines shall be placed distribution lines underground . Applicant underground. (RMA - Planning Department; Public Works) 17 . PD041- HEIGHT VERIFICATION The applicant shall have a benchmark Owner / Prior to the The applicant shall have a benchmark placed upon th e placed upon the property and identify the Applicant issuance of property and identify the benchmark on the buildin g benchmark on the building plans. The grading or plans. The benchmark shall remain visible onsite unti l benchmark shall remain visible onsite building final building inspection. The applicant shall provide until final building inspection . permits . evidence from a licensed civil engineer or surveyor, t o The applicant shall provide evidenc e Owner / Prior to the Director of the RMA- Building Services Department from a licensed civil engineer or Applicant / final for review and approval, that the height of th e surveyor, to the Director of the RMA - Engineer inspection. structure(s) from the benchmark is consistent with what Building Services Department fo r was approved on the building permit associated with thi s review and approval, that the height of project. (RMA - Planning Department and Buildin g the structure(s) from the benchmark is Services Department) consistent with what was approved o n the building permit. 18 . PD047 - DEMOLITION/DECONSTRUCTION O F Applicant shall incorporate a Owner / Prior to STRUCTURES (MBUAPCD RULE 439) "Demolition/ Deconstruction" note o n Applicant / issuance of In accordance with Monterey Bay Unified Air Pollutio n the demolition site plan that includes , Contractor a Control District Rule 439, construction plans shall includ e but is not limited to, the standards se t demolition "Demolition and Deconstruction" notes that incorporat e forth in this condition. permit. the following work practice standards : 1 . Sufficiently wet the structure prior to deconstruction Contractor shall obtain any required Air Owner / During or demolition. Continue wetting as necessary durin g District permits and conduct all Applicant / con- active deconstruction or demolition and the debris deconstruction or demolition activitie s Contractor struction reduction process; as required by the Air District. / Air 2. Demolish the structure inward toward the buildin g District pad. Lay down roof and walls so that they fall inwar d and not away from the building ; 3. Commencement of deconstruction or demolition activities shall be prohibited when the peak win d speed exceeds 15 miles per hour . All Air District standards shall be enforced by the Air District. (RMA - Planning Department)

MURRAY (PLN070388) Page 19 Compliance or 1lonitorinn Iction s verificatio n Permit 1litig. Condition of . l pprot'al and or lliti,' ation Measures and to he performed. If hcte applicable, 11 el f Cultl!. Number Respullslh/c Land c Departmen t certified professional is required fo r Cnntplilmcc \anther action to he accepted. (name date) 19. PDSP001- EXTERIOR MATERIALS AND Provide written material to the RMA- Owner / Prior to the COLORS (NON-STANDARD) Planning Department for review an d Applicant issuance of In order to minimize potential glare and visibility of the approval verifying the anti-glare and grading or development, all materials shall be non-reflectiv e non-reflective quality of the material s building materials or painted in earth tones to blend into the utilized in construction. permits. surroundings, and glass surfaces shall be constructed o r laminated utilizing anti-glare, non-reflective materials to aid in reducing the visibility of the structure . (RMA - Planning Department) 20. PDSP002 - ASBESTOS SURVEY (NON A Certified Asbestos Consultant shall Certified Prior to the STANDARD CONDITION) conduct an asbestos survey of the single Asbestos issuance of The applicant shall have a Certified Asbestos Consultant family dwelling to be demolished. A Consultant a conduct an asbestos survey of the single family dwelling report shall be submitted to th e / Owner / demolition to be demolished . A report shall be prepared and MBUAPCD for review and approval a Applicant permit. submitted to the Monterey Bay Unified Air Pollution minimum of ten (10) working days Control District for review and approval a minimum of ten prior to commencing asbestos removal . (10) working days prior to commencing asbestos removal, or if no asbestos is present, a minimum of ten If no asbestos is present, a report shall (10) working days prior to demolition. be submitted to the MBUAPCD for (RMA - Planning Department) review and approval a minimum of te n (10) working days prior to demolition . CARMEL HIGHLANDS FIRE PROTECTION DISTRICT 21. FIRE007 - DRIVEWAY S Applicant shall incorporate Owner / Prior to Driveways shall not be less than 12 feet wid e specification into design and enumerate Applicant issuance of unobstructed, with an unobstructed vertical clearance of as "Fire Dept. Notes" on plans. grading not less than 15 feet. The grade for all driveways shal l and/or not exceed 15 percent. Where the grade exceeds 8 building percent, a minimum structural roadway surface of 0 .1 7 permit. feet of asphaltic concrete on 0.34 feet of aggregate bas e Applicant shall schedule fire dept . Owner / Prior to shall be required. The driveway surface shall be capabl e clearance inspection. Applicant final of supporting the imposed load of fire apparatus (2 2 building tons), and be accessible by conventional-drive vehicles , inspection. including sedans. For driveways with turns 90 degree s and less, the minimum horizontal inside radius o f

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- --- - Conlp/lclllce or 1/Onilotin :,, ctlonl ' - - - l crtf/cation Permit /ic'1polUthlc 1111/g. (omit/ions of Ippt oral ant/,'ot Mitigation Measures tal l to he performed. 11 //ere (1pp/1cilhle, a of ntul. Fartv for Tilnim ~Allnlher /Zelp(ln.Yth/e /anc/ 1 Sc' /)cy)artlnen t ecrafted pl'ofesSIona/ iA rc't/Ntre[1 fol' - - - - 'OA1p11(1thL' Number olup/ialli'e acl1Oll IO he aeLeplCt/. (lltnile't/ate) curvature shall be 25 feet. For driveways with turn s greater than 90 degrees, the minimum horizontal insid e radius curvature shall be 28 feet . For all driveway turns , an additional surface of 4 feet shall be added . All driveways exceeding 150 feet in length, but less tha n 800 feet in length, shall provide a turnout near th e midpoint of the driveway. Where the driveway exceed s 800 feet, turnouts shall be provided at no greater than 400-foot intervals . Turnouts shall be a minimum of 1 2 feet wide and 30 feet long with a minimum of 25-foo t taper at both ends. Turnarounds shall be required on driveways in excess of 150 feet of surface length an d shall long with a minimum 25-foot taper at both ends . Turnarounds shall be required on driveways in excess o f 150 feet of surface length and shall be located within 5 0 feet of the primary building . The minimum turning radius for a turnaround shall be 40 feet from the center line of the driveway. If a hammerhead/T is used, the to p of the "T" shall be a minimum of 60 feet in length. (Carmel Highlands Fire Protection District) 22. FIRE008 - GATE S Applicant shall incorporat e Owner / Prior to All gates providing access from a road to a driveway specification into design and enumerate Applicant issuance of shall be located at least 30 feet from the roadway an d as "Fire Dept. Notes" on plans. grading shall open to allow a vehicle to stop without obstructin g and/or traffic on the road . Gate entrances shall be at least th e building width of the traffic lane but in no case less than 12 fee t permit. wide. Where a one-way road with a single traffic lan e Applicant shall schedule fire dept . Owner / Prior to provides access to a gated entrance, a 40-foot turnin g clearance inspection . Applicant final radius shall be used. Where gates are to be locked, the building installation of a key box or other acceptable means for inspection. immediate access by emergency equipment may be required. (Carmel Highlands Fire Protection District) 23 . MRE011- ADDRESSES FOR BUILDINGS Applicant shall incorporat e Owner / Prior to All buildings shall be issued an address in accordance specification into design and enumerate Applicant issuance of with Monterey County Ordinance No . 1241 . Each as "Fire Dept . Notes" on plans. building

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( on/pliant c > or 11l lutrlrut g. Ic not s 1 critic atio n Permit ' Responsible 11111~ ' (onditlons of I pproval and In' ,111thatlolt 11easurc's an d to he per/oiined 11 here (Wit able, a O f (ond. ! urh' fo r Tinlil/ Number Responsible Land (se Departmen t terti/1er/pro/es sional is reyltircrll fo r (~nnlp/iane e _Nn/nbc'/' (unlf/flallce action In be uec c1 ,ted. (name date) occupancy, except accessory buildings, shall have it s I permit. own permanently posted address . When multiple Applicant shall schedule fire dept . Owner / Prior to occupancies exist within a single building, eac h clearance inspection . Applicant final individual occupancy shall be separately identified b y its building own address. Letters, numbers and symbols for inspection. addresses shall be a minimum of 4-inch height, 1/2-inc h stroke, contrasting with the background color of th e sign, and shall be Arabic . The sign and numbers shall be reflective and made of a noncombustible material . Address signs shall be placed at each driveway entranc e and at each driveway split . Address signs shall be and visible from both directions of travel along the road . In all cases, the address shall be posted at the beginnin g of construction and shall be maintained thereafter . Address signs along one-way roads shall be visible from bot h directions of travel. Where multiple addresses are required at a single driveway, they shall be mounte d on a single sign . Where a roadway provides access solely to a single commercial occupancy, the address sign shal l be placed at the nearest road intersection providin g access to that site. Permanent address numbers shal l be posted prior to requesting final clearance . (Carmel Highlands Fire Protection District) 24. FIRE019 - DEFENSIBLE SPAC E Applicant shall incorporat e Owner / Prior to REQUIREMENTS - (STANDARD ) specification into design and enumerate Applicant issuance of Manage combustible vegetation from within a minimu m as "Fire Dept. Notes" on plans . grading of 30 feet of structures . Limb trees 6 feet up fro m and/or ground. Remove limbs within 10 feet of chimneys . building Additional and/or alternate fire protection or firebreaks permit. approved by the fire authority may be required to Applicant shall schedule fire dept . Owner / Prior to provide reasonable fire safety . Environmentally clearance inspection . Applicant final sensitive areas may require alternative fire protection, to building be determined by Reviewing Authority and the Directo r inspection. of Planning and Building Inspection. (Carmel Highlands Fire Protection District)

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------onip fnic' or 110111101 i11' Ic flail s 1rif°rcatiol/ Permi t Actiporlslble -1Jtth. ~ .olrtitttoN1 of 1ppr'ol'ul and orllrtttiUtroll lleclSYfres' ilNCl to b e pc'rfor7Necl. 111lere (!pp](Cable, a of Cenci. I- Urtl' fo r 7%Nli/I' \trntber Responsible LUilrl 1 se Department certifie d professiona l is required jar ( 'ornpliaizc e Number L olllpllc171cc actiOt l to be tit Lptecl. (NUltle date) 25 . FIRE027 - ROOF CONSTRUCTION - (VERY Applicant shall enumerate as "Fire Owner / Prior to HIGH HAZARD SEVERITY ZONE) Dept. Notes" on plans. Applicant issuance of All new structures, and all existing structures receivin g building new roofing over 50 percent or more of the existing roof permit. surface within a one-year period, shall require a minimum of ICBO Class A roof construction . (Carmel Highlands Fire Protection District) MONTEREY COUNTY WATER RESOURCES AGENCY 26. WR4 - DRAINAGE PLAN - COASTAL Submit 3 copies of the engineered Owner/ Prior to The applicant shall provide the Water Resources drainage plan to the Water Resources Applicant/ issuance of Agency a drainage plan prepared by a registered civil Agency for review and approval. Engineer any engineer or architect addressing on-site and off-site grading or impacts. Impervious surface stormwater runoff shall be building routed to a non-erodible surface at the base of the bluff . permits. Drainage improvements shall be constructed i n accordance with plans approved by the Water Resource s Agency. (Water Resources Agency) 27. WR40 - WATER CONSERVATION MEASURES Compliance to be verified by building Owner/ Prior to The applicant shall comply with Ordinance No. 3932, or inspector at final inspection . Applicant final as subsequently amended, of the Monterey County building Water Resources Agency pertaining to mandatory water inspection/ conservation regulations . The regulations for new occupancy. construction require, but are not limited to : a. All toilets shall be ultra-low flush toilets with a maximum tank size or flush capacity of 1 .6 gallons, all shower heads shall have a maximum flow capacity of 2 .5 gallons per minute, and all hot water faucets that have more than ten feet of pipe betwee n the faucet and the hot water heater serving such faucet shall be equipped with a hot water re - circulating system. b. Landscape plans shall apply xeriscape principles , including such techniques and materials as native o r low water use plants and low precipitation sprinkler

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(oHrpliarri e or 1lotritorir{1{ lctiort s l err to alio/ r permit Responsible litig. C oaditions of Iliproi al am/ or aliti,atiuu llcastrres acr d to be perforated. {1 lure applicable, a , of ( end. I aro . fo r Tinrirt n \tmrber Responsible La/r(1 tse l)cparttnc'rtt rcrrtifier/professional is required fo r (onrpliatte e Number -- - (ompltance action 10 he ace eptcd. tin/ me (late) heads, bubblers, drip irrigation systems and timin g devices. (Water Resources Agency) 28. WR43 - WATER AVAILABILITY Submit the Water Release Form to th e Owner / Prior to CERTIFICATION Water Resources Agency for review Applicant issuance of The applicant shall obtain from the Monterey Count y and approval. any Water Resources Agency, proof of water availability on building the property, in the form of an approved Monterey permits. Peninsula Water Management District Water Releas e Form. (Water Resources Agency) MITIGATION MEASURES 29. 1 . MITIGATION 1 - BIOLOGICAL RESOURCES / Submit evidence of installation of th e Owner / Prior to CONSTRUCTION FENCING construction barrier/fence to the RMA - Applicant issuance of A construction barrier/fence shall be designed and Planning Department for review and grading and installed on the slope just below the building envelope , approval. building to stop all construction materials and waste fro m permits. entering the ocean. The barrier shall be at least 5 ft in height and shall extend the entire west boundary of the building envelope and at least 10 ft on the north an d south boundaries at the west side corners . If during the Maintain, and improve as necessary, Ongoing the barrier/fence throughout all phase s construction period, the design of the fence proves to be inadequate to protect the ocean, the fence shall b e of demolition and construction . redesigned and corrected immediately. All construction materials shall always be secured and stored properly on the site to prevent blowing or falling into the ocean , even when they are in use . The job site must remain free of all forms of garbage at all times of the day and night. All garbage shall be bagged and hauled away daily, or completely secured . (RMA-Plannin g Department) 30. 2. MITIGATION 2 - BIOLOGICAL RESOURCES / Submit evidence of installation of the Owner / Prior to CONSTRUCTION AND STORM RUN-OF F collection basin to the RMA - Plannin g Applicant issuance of COLLECTION Department for review and approval . building During construction, all runoff from the construction sit e permits. must be collected in a temporary basin on the east side

MURRAY (PLNO 70388) Page 24

------( 0111pIia/!L ' or Uonllo/in lc/ions - ! Lriticatlo n Pe//nit Responsibl e C 'ou(/lllo/1S of , t pprol'(l l (1/I(/ or %Ilti utio/! ale(Isurcl (111(1 10 he pcr/o/met1. I! here applicable, ( 1 U f Com/. Purls' for I /mini; NW/11W Rcspollsihle Lam/ (se Departmen t cert//ie(/proles sional is /equ/tea for Cmap/lam e Number Compluniec (1(1101! 10 he tic (cJ)tL(I. //1(111W dale) of the site. The collection basin shall be regularly pumped and all waste water removed from the site and properly disposed of. No runoff shall be allow to enter the ocean or run down the common access road or int o storm drains. The runoff collection system shall als o arrest any movement of silt or soil from the site . (RMA-Planning Department) 31 . 3. MITIGATION 3 - BIOLOGICAL RESOURCES / The applicant shall submit the contract Owner / Prior to SITE INSPECTIONS with a construction monitor to th e Applicant issuance of A construction monitor, approved by the County, shal l Director of the RMA - Planning grading inspect the construction fencing, storm runoff collection Department for review and approval . and/or and job site trash maintenance on a weekly basis durin g building the demolition and construction period to ensure that th e permits. mitigation systems are properly installed and Submit monthly reports of the Owner / Monthly maintained, and no impact to the ocean has occurred . construction fencing, storm runoff Applicant / during all Monthly reporting of the systems to the permittin g collection, and job site trash Construction phases of agencies shall be the responsibility of the inspector . maintenance effectiveness to the RMA - Monitor the project. (RMA-Planning Department) Planning Department for review. 32. 4. MITIGATION 4 - BIOLOGICAL RESOURCES / The exterior lighting shall be inspecte d Owner / Prior to LANDSCAPE LIGHTS by the RMA-Planning Department for Applicant final In order to minimize lighting impacts to biologica l conformance to the approved plans. inspection. resources, no landscape lights, including spot lights an d security lights, associated with the new structure shall b e allowed to illuminate the rocky inter-tidal zone or ocean at night. Any changes or additions to exterior lightin g must be approved by the Monterey County RMA - Planning Department . (RMA-Planning Department) 33. 5 . MITIGATION 5 - CULTURAL RESOURCES / The applicant shall submit the contract Owner / Prior to the ARCHAEOLOGICAL SITE MONITORING with a Registered Professional Applicant / issuance of An archaeological monitor shall be present during al l Archeologist to the Director of the Archaeolo- a phases of the project which could potentially alter the RMA - Planning Department for gist demolition soil within the boundaries of the cultural resources site approval. permit. (e.g. ; demolition, grading, pad construction, trenching, The applicant shall submit evidence o f Owner / Ongoing etc.). The monitor shall have the authority t o on-site monitoring during all phases of Applicant per during all temporarily halt work in order to examine any

MURRAY (PLN070388) Page 25 (utnplianre or 11onitoriul; lcthins crtfiratio n Permi t Responsible fill* C'onditiuns of lpprowtl an d or 11iti~trtin n 11easurc's and to he performed. It hoe applieaide, a of (on(L Party for Timing ■ umber Resptsihle lan d (se Departneen t drilled fa(des sional is required for ° (omplia nc e Number - aCtlai! to be act Cpted. date) potentially significant cultural materials or features . If demolition, excavation, and ne w Archaeolo- phases of potentially significant cultural resources are discovered , construction. Photos and archaeologist gist demolition, work shall be halted in the area of the find until it can b e certification shall be submitted to the excavation, evaluated and, if necessary, data recovery is conducted. RMA - Planning Department. and The applicant shall retain a qualified archaeologist t o construc- monitor and ensure conduct of the requirements of th e tion. mitigation and monitoring plan . The overall goals of the mitigation and monitoring plan are to limit damage to the cultural resources site through avoidance ; to oversee the demolition, grading, and construction activities; to ensure compliance with the mitigation and monitorin g plan; and to conduct prehistoric cultural data recovery, analysis, reporting, and curation of any materials which are encountered during the project . Prior to issuance o f a demolition permit, the applicant shall provide to th e RMA-Planning Department a copy of the contractual agreement with a qualified archaeologist for review . The applicant shall also provide evidence of th e presence of the archaeologist on-site during demolition of existing structures and new construction, and any measures necessary to be in place and in good orde r through construction. Photos shall be dated on a weekly basis (or as determined by the monitoring archaeologist ) and submitted with a certification from th e archaeologist. If additional mitigation measures are determined to be required, they shall be formulated an d implemented by the monitoring archaeologist, afte r review and approval by the Planning Department . (RMA - Planning Department) END OF CONDITIONS

MURRAY (PLN070388) Page 26

SUBMITTED FOR COASTA L MURRAY RESIDENCE DEVELOPMENT PERMI T

SHEET INDEX

RID TIE 980 CID 931199 CIO GPIC M104LCCA801 no sort NLNYSS

AI .O SR PROW GO. PINE tn.9Neov OMEN. Azl DIG. R.PHS Il OPOSLO D RPJa • xl NODEL EYGE] A10-A19 PHOEO OAW90°-NM'StRG • -All ELEVAECHS A1A GCIAI 6

ASSESSOR'S PARCEL MAP PROJECT INFORMATION PROJECT DIRECTORY PROJECT DATA PROJECT WINE• AICIOHCI: LORJIIC21•LONCf1181Y RESDO1RAL CG'SIALILD E MMMY REGDEK E GEM VEST IONS: WALLACE E-CU0IKHVA W. PROJECT ADDRESS: 1111W.M0011010.E O55111G Alp 89090 790 C021IG.C.47961 TPE V- M 30 HWY I SAN CIEG0, CA 92103 CARA. GHlANO1,U f]I3 ] PK 619.292.1640 SAG 6142930626 11352110 6110 210903E0 .0FANOJ C14039CA1pK R.3 JOANMUIGY IMP USE FAOIIIAIO9 xu HWY I PADEN 1101158 EI±RNG AJG 21000513 1@: 301E-PAPAWS. CE CANNEL IUGNIANDS, CA 9319 P.O .50X51758 PAC61C GROVE, CA 93950 ONE OF 103190 MOM CO`E115GIDK 956 PK 831-649-6480 APflWALACE E. CUNNINGHAM. INC. MGM ALB) MOP05PD 754.5801 OF 4CfE0 2 1111 W. AS0001911 SURVEYO R SAN DIEGO. CA 92103 PROM YAM 511390/3 304 PH: 619.293.764 0 JON0.13GENEY0 1 2V-G' FM 619.293.0524 25170 900711 WAY ODE ONO SERALIS CAMEL CA 93923 REM YPRO59643!0 2va 0 NO 09410E 911069 FIUCR 9746947E APE. : 241-162.015-000 Mt 831 .424-0558 COASTAL BUFF 5116431 1119318/1E 0111010 111010 1 ]pa ANNE ME AVENGE GRADE FC1M EGIWEN TH E COLMY I0EN IUCA80N 103000 305023 CONSIILEAHI: HIGHEST NO 10130 97V9S OF GRADE 9907911 E FLN070390 GASCH & ASSOCNLES NC. 3174=AG Gt . BLUING 82 0107870 rOOlPI 21 vIa COAW9R119 AMA: RANCHO 30210030. 06957242-6516 10231, CARM01MIGHIAHOS PROPOSED 0ELM MGM: 27-6• GEOLOGY: G0CE9ENGWEERNG 59910 N4D GECL W Y, INC 088481E0 PMWG1 2 ENClOAEO.3 OPEN 261 G11CE 561-A 0103.'71 AVENUE SAUNAS. CA93901 PI0831d2b9619 MMHG ALGA CONDITIONED » .... UNCOH000NE0 ENCLOSPO I AS EMPNI1001ln0mm AA0 ww:0Pm e0nnm1T NCn030001 AICNAEOLO°ICAL- IA0CJOEC: 0 ]06 306 SUSW MCRIEY, MA SLB IOIAL• 0 IDS 306 3059808E8 AVE . MAGNA. CA93931 9*3 FLOOR PK 831.613.9162 11N1G: lam 1 .770 GAGE : 0 715 715 110113 COMMAND SUB IOINJ 1.770 315 2.455 * 01A65G1 COMING GIIVCES SECOND PLOOR SCOPE OF WORK JEW EERIE . 19!10: 539 0 539 P.050X5506 08 T01911 6339 0 639 JEMOUSN EMSTNG 80048311401E FANLY1E50EPPCEAND CCr±18C1 A HEW . IMOLLVO 31101E FAA0198ROENCE , CAMEL CA 93921 7OIAD 2103 1.021 - 3,33 0 IFN 30709109 PEN101G I W ILBCAPE. Mt 831 6263814 HISTORICAL CONSULTANT: REQUIRED PERMITS AND APPROVAL S KENT L SEAM 31000HII1OLCEAVEMIE 90 COVE03GE DEVELCnn'EM PENAT 900793 GROVE CA 93950 NO LOT 7410' 31.56s [00.7 AC1EG CO SIN OEVEICPIIE]II FERMI PK 831 .315 .739 4,735 S F • 01401 N9ROVA1 EO AU.ON OEM°IIIIONPIG 9E3AD Of 401EMAYCYGUW ALLOWAILE LO1COVELAGEIII% I • VARWVCETO9EWCE 1HEEROMYMOEI3601 PROPOSED LOT COVIGGE(11.74) 4,643 Sr IYw l.r 07391) E.WEIMG100045 117 NG . CODE COMPLIANC E

11559110JEC161Ul COMPLY V4111 ME 2007 Ef01071 OF 174E GV0°RN4 NHM. COOS VILE 20 MO 111E PALO REY CCORY COASIAL UMAENIAIICY2 PLW TS1

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SITEP LA N scale: 7"=40'-0°

LEGAL DESCRIPTION J PROPERTY LOT DIMENSIONS GRADING TABULATIONS GENERAL NOTES: LANDSCAPE AND EROSION CONTROL: GRADING NOES: 4) PROVIDE FO5111VE SURFACE DRAINAGE IN ALL II PRIOR TO THE ISSUANCE OF ANY 11 BARRIERS MIL BE INSTALLED FM0R TO 1) 1145 DRAWING PROVIDES PREUMIEMY PPCEL I - SITUATED W RANCHO 5721 JOSE Y Sun 1 . N 1D' 49 E, 68 .00 - IOTA AJ40uNT OF 511E 10 BE CUT: 620 CUBIC YATIDS COISIRUC110N PERMITS. IHEAPPUCANT CONSIRUCIIONI DEMOUIION FOl LANDSCAPE GRADING FOR COASTAL DEVELOPMENT PAVED AND LANDSCAPE AREAS AWAY FROM ALL CHDUIO. PI1HE COUJRO OF MONTEREY, STATE OF 2. 655' 45' E. 24.84 . BUILDINGS. F0011NG5. AND FOUNDATIONS (2% CALIFORNIA AID BEGIFITMG ATM 5165 .INCORPORAIE ANY CONSTRUCTION CONTAINMENT OF DEBRIS. PERMIT ONLY AND IS NOT FOR CONSTRUCTION ANGLE POINT ON 3. N 24' 5P W. 60.64 BEST MANAGEMENT PRACTICES NECESSN1Y MN .) THE WESTERLY BOUNDARY OF PU7 CERTAIN PARCEL 4. N4' 40 W. 21 .25' 21 EXISTING GRADES AND SPOT ELEVATIONS AR E . TO COMPLY WITH MONTEREY C00NIA. 21 BARRIERS WILL BE INSTALLED 991042 TO DESCRIBED AS PARCEL ONE El DEED FROM W .E 5. N 4' 00 E. 1 .55 CONSTRUCTIOWDEMOUTION FOR BASED ON INFORMATION 5)479.' CPI A SITE SURVEY 5) CR055 SLOPES ON WALKS AND TERRACES TO B E 5005716. ET LSD 10 JOSEPH R. COSTA. El LM DATE D 6. N 62. 4E1 30, 13 .06' AS 7805065 BY CML ENGINEER . VERIFY EXISTIN G A MINIMUM 1.5% EXCEPT POOL DECK SLOPES SHILL DECEMBER 15. 1955, RECORDED DECEMBER 19.1955 . S46' 2) WATER SUPPLY & 50901 1 METHODS PROTECTION OF 6001160 SENSIM E 7. 31' 44'E, 30 .4 0 SAME AS CURRENT METHOD. NO INCREASE VEGETA110N . CONDITIONS IN THE FIELD AND REPORT ANY BE2% IAMMUM. N BOOK 166B OFFICIAL RECORDS. AT PAGE 67 : B. N 25. 0554' W, 27.94' IN CAPACITY 90R SUPPLY OR DISPOSAL. DISCREPANCIES 10 THE LANDSCAPE ARCHIECT AND RUNNING PIERCE ALONG SAID WESTERLY BOUNDARY. 9.0440. 943' 30. L-151 .48' CML ENGINEER FR1O11O COIA4ENCING WORK . 61 FINLSH GRADES SHALL BE I' BELOW CONCRETE 3) ALL DIMING TREES TO REMAIN . .2 ' 10. 547' 03' E. 22.04' 3) PROPOSED DEVELOPMENT LOCATED IN PAVING, HEADERS PAID CURBS IN LAWN PREPS PARCEL 1-ANOAEXCLUSIVE RIGHT OF WAY FOR 11.545' D5 W. 25.35' MEAOF DISTURBED SOTS WHERE PT405 4) NO IMPERVIOUS COVERAGE ONSRE. 31 PROPOSED GRADING CHANGES oust BE PS BELOW HHSH FLOOR ELEVATIONS IN AREA S ROAD PURPOSED 12.5 FEET WIDE. LYING 12.513' 3714' W, 24 .11' DEMOLISHED HOUSE WAS WED. DRIVEWAY AND WALKWAYS TO BE GRADUAL AS POSSIBLE. FEATHER INTO EXISTING ADJACENT TO FLOOR SASS. ALL PALING AND TIORRAVESRERI Y Al 0 WESTERLY OF AND ADJACENT T O 13 .520' 23' 36' E. 10.40 PERWOU5 MATERIALS. GRADES (MAXIMUM 2:1 sons) Ps PER WALKS SHALL BE FLUSH W11H EXSRNG ADJACENT COURSES 1, 2 AND 3 OF PARCEL I ABOVE. 14 .526' 13' 49W, 49.30 RECOMMENDATION OF SOILS ENGINEER/ . EASE 70P PAVANS. WHERE APPUCAELE. 15 .510' 4014 E. 17 .60 PAID TOE OF AL Eb511NG SLOPES . 16 .$ 40' 44' 22'E. 33 .24 17 .551' 3030W. 77.002 A1 .0

EXISTING HOUSE FOOTPRINT: 2,426 S .F . PROPOSED HOUSE FOOTPRINT : 1,355 S .F . N / EXISTING STRUCTURE ENCROACHING INTO SETBACK TO BE REMOVED : 1391 S.F . NEW STRUCTURE ENCROACHING INTO SETBACK TO BE ADDED : 462 S.F.

LESS S .F. STRUCTURE ENCROACHING INTO SETBACKS = 929 S .F.

PLAN COMPARISONS A2. 0 scale: 1 30'-0¢ FLOOR AREAS

AREA NAME OF AREA SIZE TOTALS GLA1 MAIN LMNG AREA 2,290,3 3 GLA1 MECH -26,00 2,264,3 3 GLA2 UPPER LEVEL 227 .5 227 .5 0 BSMT BASEMENT 233 .24 233 .2 4 P / P DECK 604 .60 604 .6 0 GAR GARAGE 399 .70 399 .7 0

TOTAL FIABITALE SF : 2,492

ROOM DIMENSIONS

LMNG ROOM 19 X 15 . 5 KITCHEN 27 X1 4 - HR ..-2 MBR 17X1 5 BR2 12 X 9 Irreg . BR3 11 .5 X 6 .5 Irreg. I-I b.. OFFICE 10 .5 X 8 Irreg .

EXISTING FLOOR PLAN - TO BE DEMOLISHED UPPER LEVEL FLOOR PLA N scale: 1'=25'-0 "

MAIN LEVEL FLOOR PLA N scale: 1'=25'-0" .

ROOM DIMENSIONS

BASEMENT DINING 12 X 12 Irreg. MECH, 24 X 9 .5 Irreg . SOCIAL SPAC E 16 X 18 Irreg. OFFICE 7 .5 X 10 Irreg. LOWER LEVEL M . BEDROOM 14 X 11 Irreg. GARAGE 24 X 20,5 Irreg. M . CLOSET 7,5 X 11 Irreg. LAUNDRY/STORAG E 13 X 13 Irreg . M . BATH 7 .5 X 12,5 Irreg. ENTRY 23 X 8 Irreg. BEDROOM 1 10 .5 X 12,5 Irreg . UPPER LEVE L BATH 1 5 X 8 .5 Irreg. POWDER RM 6.25 X 7 Irreg . LOFT 26 X 7 .5 Irreg . KITCHEN 25 X 11 Irreg. BEDROOM 2 11 X 1 2 HALL 18 X 5,25 Irreg . BATH 2 7 .5 X 8.5 Irreg. BASEMENT FLOOR PLA N scale:

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