Title
a. Approve the Final Map for York Highlands, a standard re-subdivision of a portion of Monterra Ranch;
b. Accept Dedicated Conservation and Scenic Easement Deed, Grant Deed to County of Monterey (OPL Parcel), and Deeds of Trust;
c. Approve and authorize the Chair to execute the Subdivision Improvement Agreement and Irrevocable Offer to Dedicate a Nonexclusive Trail Easement and Declaration of Restrictions;
d. Direct the Clerk of the Board to submit the Final Map, Permit Approval Notice, Dedicated Conservation and Scenic Easement Deed, Agreement to Implement a Mitigation Monitoring and Reporting Plan, Indemnification Agreement, Subdivision Improvement Agreement, Deeds of Trust, Avigation Easement, Grant Deed to County of Monterey (OPL Parcel), Irrevocable Offer to Dedicate a Nonexclusive Trail Easement and Declaration of Restrictions, Deed Restriction (Water Utility Parcel), Declaration of Annexation and Two (2) Water Conservation & Landscaping Notices to the County Recorder for recording.
(Final Map-PLN100020 / PLN120024 York Highlands Resubdivision, South of the intersection of State Highway 68 and York Road, Monterey, Greater Monterey Peninsula Area Plan.)(ADDED VIA ADDENDUM)
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PROJECT INFORMATION:
Planning File Number: PLN100020 and PLN120024
Owner: Monterey County Bank, United Security Bank, Monterra Ranch of Monterey Homeowner's Association, Golden State Bank, Bank of Sacramento and Canada Woods Water Company, LLC
Project Location: South of the intersection of State Highway 68 and York Road, Monterey
APN: 259-241-001-000; 259-241-004-000; 259-092-072-000; 259-092-075-000; 259-191-023-000; 259-191-024-000 259-211-016-000; 259-231-016-000; 259-231-017-000; 259-231-018-000; 259-231-019-000; 259-231-020-000; 259-231-021-000; 259-231-022-000; 259-231-023-000; 259-231-024-000; 259-231-025-000; 259-231-026-000; 259-231-028-000; 259-251-001-000; 259-251-002-000; 259-251-003-000; 259-251-004-000; 259-251-005-000; 259-251-006-000; 259-251-007-000; 259-251-008-000; 259-251-009-000; 259-251-010-000; 259-251-011-000; 259-251-012-000; 259-251-013-000; 259-251-014-000; and 259-251-015-000
Agent: Jacqueline Zischke
Plan Area: Greater Monterey Peninsula Area Plan
Flagged and Staked: No
CEQA Action: Ministerial action is Statutorily Exempt per CEQA Guidelines Section 15268(b)(3)
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve the Final Map for York Highlands, a standard re-subdivision of a portion of Monterra Ranch;
b. Accept Dedicated Conservation and Scenic Easement Deed, Grant Deed to County of Monterey (OPL Parcel), and Deeds of Trust;
c. Approve and authorize the Chair to execute the Subdivision Improvement Agreement and Irrevocable Offer to Dedicate a Nonexclusive Trail Easement and Declaration of Restrictions;
d. Direct the Clerk of the Board to submit the Final Map, Permit Approval Notice, Dedicated Conservation and Scenic Easement Deed, Agreement to Implement a Mitigation Monitoring and Reporting Plan, Indemnification Agreement, Subdivision Improvement Agreement, Deeds of Trust, Avigation Easement, Grant Deed to County of Monterey (OPL Parcel), Irrevocable Offer to Dedicate a Nonexclusive Trail Easement and Declaration of Restrictions, Deed Restriction (Water Utility Parcel), Declaration of Annexation and Two (2) Water Conservation & Landscaping Notices to the County Recorder for recording.
SUMMARY:
The developer has submitted a tax clearance certificate in accordance with Government Code Section 66492 and a Final Map Guarantee (Subdivision) to Govt. Code Section 66465 of the Subdivision Map Act and has met all applicable conditions of the approval required for clearance prior to recording the Final Map. The Final Map is in substantial compliance with the approved Vesting Tentative map. Final Map acceptance is a ministerial action by the Board of Supervisors.
DISCUSSION:
On October 18, 2011, the Board of Supervisors approved the Vesting Tentative Map for the re-subdivision of Monterra Ranch Final Map Phases 6, 8 & 10 consisting of: 1) the reconfiguration of 24 residential lots (Phase 6: Lot 44 Remainder; Phase 8: Lots 164-171; Phase 10: Lots 5-10, 117-122, Ranch Lots 1, 3 & 4), 3 open space parcels (Phase 8: Parcels A, B & C), 1 scenic easement parcel (Phase 10, Parcel H), & 3 road & utility parcels (Phase 6: Parcel R2; Phase 8: Parcel L; Phase 10: Parcel M) as reconfigured and shown on the attached vesting tentative map; 2) Use Permit for tree removal for subdivision improvements (not for building envelopes); 3) Administrative Permit for grading of less than 131,100 CY (70,500 CY cut and 60,600 CY fill) in a Visually Sensitive District; and 4) Use Permit for development on slopes greater than 25 percent was approved in accordance with County ordinances and land use regulations subject to the terms and conditions described in the project file.
On February 7, 2012, staff returned to the Board of Supervisors for consideration and approval of a modification (PLN120024) to previously approved York Highlands Combined Development Permit (PLN100020) consisting of amendments to: 1) change the access from York Highlands Road 1 to the existing Monterra Ranch Subdivision entrance at Highway 218; 2) re-designate the approximately 1,400 foot long section of York Highlands Road 1 between State Highway 68 and York Highlands Road 2 from a 60-foot wide road and utility easement to a 50-foot wide emergency access and public utility easement; 3) designate the 50-foot wide, approximately 1,200-foot long fire access road between Monterra Ranch Phase 6 and York Highlands as a 60-foot wide private road and public utility easement; 4) modify Condition No. 52 (Board of Supervisors Resolution No. 11-342) to eliminate the requirement for specific improvements to Highway 68 at the York Highlands Road 1 entrance; and 5) amend the vesting tentative map to create a 1.79-acre open space parcel (Parcel T), thereby reducing Ranch Lot 1 and to merge a 0.48 acre parcel with an existing well parcel to create one water utility parcel.
The Final Map has been reviewed and determined by staff to be in substantial compliance with the approved vesting tentative map. The vesting tentative map was approved subject to conditions of approval which required in part: 1) conveyance to the County of a conservation and scenic easement over all those portions of the property where slopes exceed 25 percent and all areas outside of the designated building and development envelopes; 2) dedication to the County of the area within the Official Plan Line of Highway 68; 3) an irrevocable offer to dedicate a trail easement to the County; 4) a deed restriction on the Water Utility Parcel; and 5) the formation of a Homeowner's Association. All of the conditions have been cleared by the County's land use departments and agencies. Appropriate security in the form of deeds of trust has been approved for the Subdivision Improvement Agreement. Therefore, staff recommends that the Board approve the York Highlands Final Map for a standard re-subdivision of a portion of Monterra Ranch for recording.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project and have cleared their recommended conditions for recording of the final map:
Environmental Health Bureau
Public Works Department
Water Resources Agency
Parks Department
Monterey County Regional Fire Protection District
FINANCING:
Funding for staff time associated with this project is included in the FY11-12 Final Budget for the RMA-Planning Department, RMA-Public Works Department, Environmental Health Bureau, County Counsel and Water Resources Agency. Development application fees are collected to offset County costs.
Prepared by: Lucy Bernal, Land Use Technician, Ext. 5235
Approved by: Mike Novo, Director, RMA-Planning, Ext. 5192
<mailto:>Benny Young, Director Resource Management Agency
This report was prepared with assistance by Delinda Robinson and reviewed by Mike Novo.
cc: Front Counter Copy; Mike Novo; Laura Lawrence, Planning Services Manager; Monterey County Bank, Bank of Sacramento, Golden State Bank, United Security Bank, Monterra Ranch of Monterey Homeowner's Association, and Canada Woods Water Company LLC, Owners; Alan Williams, Applicant; Jacqueline Zischke, Agent; The Open Monterey Project; LandWatch; Henry Brown; Christine Kemp; Project Files PLN100020 and PLN120024.
The following attachments are on file with the Clerk of the Board:
Attachment A Cover letter to the Clerk of the Board
Attachment B Final Map
Attachment C Vicinity Map
Attachment D Subdivision Map Guarantee
Attachment E Tax Clearance Certificate
Attachment F Subdivision Improvement Agreement
Attachment G Dedicated Conservation and Scenic Easement Deed
Attachment H Agreement to Implement a Mitigation Monitoring and/or Reporting Plan
Attachment I Permit Approval Notice
Attachment J Indemnification Agreement
Attachment K Deed Restriction (Water Utility Parcel)
Attachment L Declaration of Annexation
Attachment M Two (2) Water Conservation & Landscaping Notices
Attachment N Irrevocable Offer to Dedicate a Nonexclusive Trail Easement and Declaration of Restrictions
Attachment O Avigation Easement
Attachment P Deeds of Trust
Attachment Q Grant Deed to County of Monterey (OPL Parcel)