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a. Find that the acceptance of the Conservation and Scenic Easement Deed is categorically exempt under California Environmental Quality Act (CEQA) Guidelines section 15317;
b. Accept a Conservation and Scenic Easement Deed covering approximately 467 square feet at 26357 Scenic Road, Carmel, (Assessor’s Parcel Number 009-422-018-000) to satisfy a condition of approval related to Zoning Administrator Resolution No. 25-018 (Planning File No. PLN240072);
c. Authorize the Chair to execute the Conservation and Scenic Easement Deed; and
d. Direct the Clerk of the Board to submit the Conservation and Scenic Easement Deed to the County Recorder for filing with all recording fees to be paid by the applicant.
(Conservation and Scenic Easement Deed - PLN240072, Cappo Real Estate Holdings LLC, 26357 Scenic Road, Carmel, Assessor’s Parcel Number 009-442-018-000, Carmel Land Use Plan, Coastal Zone.)
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PROJECT INFORMATION:
Planning File Number: PLN240072
Owners: CAPPO REAL ESTATE HOLDINGS LLC
Project Location: 26357 SCENIC ROAD, CARMEL
APN: 009-442-018-000
Agent: Rikki Lougee
Plan Area: Carmel Land Use Plan, Coastal Zone
CEQA Action: Categorically Exempt pursuant to CEQA Guidelines section 15317
RECOMMENDATION:
Staff recommends that the Board of Supervisors:
a. Find that the acceptance of the Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317; and
b. Accept a Conservation and Scenic Easement Deed covering approximately 467 square feet at 26357 Scenic Road, Carmel, (Assessor’s Parcel Number 009-422-018-000) to satisfy a condition of approval related to Zoning Administrator Resolution No. 25-018 (Planning File No. PLN240072); and
c. Authorize the Chair to execute the Conservation and Scenic Easement Deed; and
d. Direct the Clerk of the Board to submit the Conservation and Scenic Easement Deed to the County Recorder for filing with all recording fees to be paid by the applicant.
SUMMARY
On May 8, 2025, The Zoning Administrator adopted Resolution No. 25-018 (Planning File No. PLN240072) approving a Coastal Development Permit and Design Approval to allow construction of a 173 square foot deck, reconstruction of a retaining wall, construction of a landscaping path, and site improvements within 750 feet of known archaeological resources. The project was subject to 7 Conditions of Approval. Condition of Approval No. 5 requires the Owner to convey a Conservation Scenic Easement Deed (CSED) to the County of Monterey over portions of the property that should remain undeveloped to protect cultural resources. The acceptance and recordation of this CSED will satisfy the Condition of approval and ensure long-term protection of resources on property.
The applicant has submitted the CSED and map showing the general location of the easement on the property, along with the metes and bounds description, both of which are appended to this Report, collectively, as Attachment B. No construction will be allowed within the easement area. Recordation of this easement will be disclosed to future property owners where development is prohibited on the parcel in conformance with the Carmel Land Use Plan requirements and the condition of approval.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Acceptance of the scenic easement qualifies for a Class 17 categorical exemption under CEQA because it constitutes the acceptance of easements to maintain the open space character of the area (CEQA Guidelines, § 15317).
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has approved the Conservation and Scenic Easement Deed as to form.
FINANCING:
Funding for staff time associated with this project is included in the FY2025-26 Adopted Budget for Housing and Community Development (HCD) Appropriation Unit HCD002, Unit 8543. All costs associated with the maintenance of the CSED will be borne by the project applicant, not the County of Monterey.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
This action represents effective and timely response to our HCD customers. Processing this application in accordance with all applicable policies and regulations also provides the County with accountability for proper management of our land resources.
Check the related Board of Supervisors Strategic Plan Goals:
X Administration
__Well-Being and Quality of Life
__Sustainable Infrastructure for the Present and Future
X Safe and Resilient Communities
__Diverse and Thriving Economy
Prepared by: Summer Obledo, Permit Technician II ext. 7096
Reviewed and Approved by: Craig Spencer, HCD Director
The following attachments are on file with the Clerk of the Board:
Attachment A - Memorandum to the Clerk of the Board
Attachment B - Conservation and Scenic Easement Deed, including:
- Property Legal Description
- Monterey County Zoning Administrator Resolution No. 25-018
- Easement Legal Description and Easement Plat Map
cc: Front Counter Copy; Summer Obledo, Permit Technician II; Craig Spencer, HCD Director; Rikki Lougee, Agent; Cappo Real Estate Holdings LLC, Owners; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Lozeau Drury LLP; Christina McGinnis, Keep Big Sur Wild; Project File PLN240072