Title
PLN210308 - LONGSTAFFE DAVID CHRISTOPHER TR ET AL
Public hearing to consider allowing construction of a new 2,964 square foot single family dwelling, inclusive of a 668 square foot attached garage; removal of 11 Coast Live oak trees, 4 of which are protected, and the conversion of a test well into an irrigation well.
Project Location: 3072 Serra Avenue, Carmel, Carmel Area Land Use Plan, Coastal Zone (APN: 009-081-027-000).
Proposed CEQA action: Find the project Categorically Exempt per Section 15303 of the CEQA Guidelines.
Report
RECOMMENDATION:
It is recommended that the Zoning Administrator adopt a Resolution:
1. Finding that the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2; and
2. Approving a Combined Development Permit consisting of:
a. A Coastal Administrative Permit & Design Approval to allow construction of a 2,296 square foot single-family home, a 325 square foot terrace, and a 668 square foot attached garage. Colors and materials include white exterior stucco walls; bronze window frames; red, brown, and tan clay roof tiles; and a gray trim;
b. A Coastal Administrative Permit to allow conversion of an existing test well to an irrigation well; and
c. A Coastal Development Permit to allow removal of 4 Coast live oak trees.
PROJECT INFORMATION:
Agent: Adam Jeselnick
Property Owner: Longstaffe David Christopher Tr Et Al
APN: 009-081-027-000
Parcel Size: 0.175 Acres
Zoning: Medium Density, 2 units per acre, with a Design Control zoning overlay (Coastal Zone) [MDR/2-D (CZ)]
Plan Area: Carmel Area Land Use Plan
Flagged and Staked: Yes
SUMMARY:
The project is located at 3072 Serra Avenue, Carmel, in the Carmel Woods subdivision, and is subject to the policies of the Carmel Area Land Use Plan. The proposed project includes construction of a single-family dwelling and attached garage on a vacant lot, and associated site improvements including a terrace, driveway, and landscaping. A test well exists onsite, which would be retained for irrigation use. The project is consistent with applicable development standards and necessary public facilities are available to serve the development. The project includes removal of 11 Coast live oak trees, 4 of which are greater than 12 inches in diameter and therefore require a Coastal Development Permit to allow removal. The proposed tree removal has been minimized to the greatest extent feasible and would not cause a significant environmental impact. The project has been conditioned to require 4 replacement trees, 1 for each of the trees greater than 12 inches in diameter being removed, in accordance with the development standards for the Carmel area from the Monterey County Coastal Implementation Plan.
DISCUSSION:
Land Use & Development Standards
The properties underlying MDR zoning allows the first single-family dwelling on a legal lot of record; accessory structures and uses such as garages; and water system facilities including wells serving 14 or few service connections, all subject to Coastal Administrative Permits. Therefore, the proposed uses are allowable. The development standards for the MDR zoning district are identified in Title 20 Section 20.12.060, and the proposed project is consistent with the applicable development standards.
The property is 0.175 acres (7,613 square feet). The allowable and proposed lot size, building site coverage, floor area ratio, structure height and setbacks for the single-family dwelling are summarized below:
Max Allowable Proposed
§ Site Coverage: 2,665 sq ft (35%) 2,621 sq ft (34.4%)
§ Floor Area: 3,425 sq ft (45%) 2,996 sq ft (38.9%)
§ Height: 30 ft 19 ft
Minimum Proposed
§ Front: 20 ft 31 ft
§ Rear: 10 ft 10 ft
§ Side: 5 ft 5 ft
The roof eave of the home does extend into the side and rear setbacks by 1 foot and 3 inches; however, this is allowable by Title 20 Section 20.62.040.C., which allows eaves and similar architectural features to extend into setbacks to a maximum of 2 feet 6 inches.
Infrastructure
Necessary public facilities are available to serve the development, including potable water service, wastewater service, and connection to the existing street network:
§ The property would receive potable water service by the California American Water Company (Cal Am). The applicant submitted a Monterey Peninsula Water Management District (MPWMD) residential release form, which indicated an estimated annual use of 0.184 acre-feet of water per year, and a recorded “Assignment of a Portion of the MPWMD Ord. No, 165 Mal Paso Water Company Water Entitlement” assigning 0.20 acre-feet of water per year to the property (Document No. 2018049027). Cal Am provided a Can and Will Serve letter dated March 23, 2022 verifying their ability to serve the property.
§ The property would receive sewer service by the Carmel Area Wastewater District (CAWD). CAWD provided a can and will serve letter dated November 30, 2021 verifying their ability to serve the development.
§ A new driveway would connect to Camino Del Monte. HCD-Engineering services reviewed and did not take issue with this driveway connection, and the applicant would be required to secure an encroachment permit from Public Works, Facilities, and Parks prior to the connection of the driveway to the road.
§ There is an existing onsite test well approved to establish a water source through Coastal Administrative Permit PLN070074, which was subsequently amended by amendment application PLN110366. This well would be converted to an irrigation well, and be used for irrigation purposes only as part of this project. The Environmental Health Bureau (EHB) reviewed the application and did not take issue with this proposed use. This permit (PLN210308) would not allow use of this well as a domestic or potable water source.
Visual Resources and Design Review
The site is subject to the Visual Resources protection policies of the CA LUP and the Design Control “D” zoning district, which regulates the location, which establishes design review requirements to assure protection of the public viewshed and neighborhood character. CA LUP Key Visual Resources policy 2.2.2 emphasizes that development within the viewshed harmonize and be subordinate to the natural scenic character of the area, and conform to the basic viewshed policy of minimum visibility. The project is consistent with these policies and the surrounding neighborhood character:
§ The proposed structure is consistent with the development standards of the zoning district and is in character with the height and massing of other houses in the neighborhood;
§ Primary colors and materials consist of Red, Brown and Tan antique clay roof tiles, white exterior stucco walls, bronze window frames and a gray trim. Consistent with CIP Section 20.146.030.C.1.c., these have a natural appearance and harmoniously blend into the sites surroundings. Additionally, the home is screened by a landscaping hedge which runs along the perimeter of the property, further subordinating the home to the natural environment;
§ As part of Condition No. 7, this landscaping shall be required to be of native materials, as required by CIP Section 20.146.030.C.1.e;
§ Condition No. 8 requiring an exterior lighting plan has been applied, which shall ensure compliance with CIP Section 20.146.030.C.1.d, that exterior lighting be unobtrusive and harmonious with the local area;
§ In accordance with CIP Sections 20.146.030.C.1.e & 20.146.030.C.8, existing trees are retained to the greatest extent feasible, with all trees not in immediate proximity to the development footprint being preserved; and
§ The home has a hip and gable roof design, consistent with many of the residences in the neighborhood.
Tree Removal & Forest Resources
The project includes application for the removal of 11 trees (Coast live oak), 7 of which are less than 12 inches in diameter and pursuant to Monterey County Coastal Implementation Plan, Part 4 (CIP) Section 20.146.090.A.1.c., would be exempt from requiring a Coastal Development Permit. The other 4 trees proposed for removal would require a Coastal Development Permit as required by CIP Section 20.146.090.A.1. A Forest Management Plan (LIB220058) was prepared in accordance with CIP Section 20.146.090.B. to assess onsite forest conditions, evaluate impacts associated proposed tree removal, provide recommendations for replacement trees to offset removal, and provide recommendations to assure the protection of other onsite trees which are not being removed.
Removal of trees would be limited to those required for the development. The site contains 22 trees, the 11 proposed for removal are either within the areas of grading for the building or the proposed driveway. None of the trees proposed for removal are landmark trees, as defined by CIP Section 20.146.090.D.1. The forest management plan indicates that none of the trees are greater than 24 inches in diameter or visually significant, historically significant, or exemplary of their species. Staff conducted a site visit on April 19, 2022 and concurred with this conclusion. As discussed in the forest management plan the removal of the trees would also not adversely affect the forest ecosystem, due to the limited size of the development and the existing degraded health of the trees.
Recommendations of the project forester have been incorporated as recommended project conditions:
§ A pre-construction meeting with a qualified arborist or forester shall be required (Condition No. 11), in which they shall provide training to instruct personal about tree removal, retention, and protection.
§ The County’s standard bird survey condition has been applied as Condition No. 10, which would require a nesting survey from a qualified biologist be prepared if tree removal is to take place during the bird nesting season.
§ Condition No. 5 requires that trees not approved for removal shall be protected from damage during construction by temporary fencing and wrapping prior to the issuance of building permits, and that the foresters best management practices regarding excavation and any necessary pruning be adhered to.
§ Condition No. 9 would require that all trees greater than 12 inches in diameter be replaced at a 1:1 ratio, as required by CIP Section 20.146.090.D.6, for a total of 4 trees. This is 1 tree fewer than recommended in the Forest Management Plan, however, the forest management plan bases their initial recommendation on requiring replacements for trees 6 inches or greater in diameter, which his not required by the CIP. The condition would also require that the forester review the proposed replacement locations prior to issuance of building permits, with consideration given to the LUACs comments that the tree nearest to the driveway may be an issue.
CEQA:
The project is categorically exempt from environmental review pursuant to Section 15303 of the CEQA Guidelines, “New Construction or Conversion of Small Structures”. This exemption applies to the construction and location of limited numbers of new, small facilities or structures, including one single-family dwelling in a residential zone. The project consists of construction of a single-family dwelling, attached garage, and associated site improvements on a property zoned for medium density residential use.
None of the exceptions under CEQA Guidelines Section 15300.2 apply to the project:
§ The project is not in an area where a mapped environmental resource of hazardous or critical concern has been mapped;
§ the development of a single-family home on a property allowing such uses and where there are no identified environmental impacts would not contribute to a cumulative environmental effect;
§ there are no unusual circumstances related to the project which would create the reasonable possibility the project would have an effect on the environment;
§ the project is not viewable from a state scenic highway; the property is not a hazardous waste site or any list compiled pursuant to Section 65962.5 of the Government Code; and
§ the project does not involve any identified historical resources.
OTHER AGENCY INVOLVEMENT:
The project was reviewed by HCD-Planning, HCD-Engineering Services, HCD-Environmental Services, the Environmental Health Bureau, and Cypress FPD. The respective agencies have recommended conditions, where appropriate, to ensure that the project will not have an adverse effect on the health, safety, and welfare of persons either residing or working in the neighborhood.
LUAC:
The project was referred to the Carmel Unincorporated/Highlands Land Use Advisory Committee (LUAC) for review. The LUAC reviewed the project at a duly noticed public meeting on June 6, 2022 and voted to recommend approval of the project as proposed. The LUAC did have two concerns regarding the project:
§ Illumination of the front path from the parking area to the door. The applicant addressed this by indicating they would be providing steps and low lighting. Condition of Approval No. 8 has been applied requiring an exterior lighting plan, which shall be reviewed by HCD-Planning to ensure the lighting is downlit and unobtrusive.
§ The concept landscaping plan indicates a replacement oak tree near the driveway entrance, and the LUAC had some concerns regarding visibility exiting and entering the driveway on Camino Del Monte. The tree replacement Condition No. 9 would require the project forester to review final locations of the replacement trees prior to issuance of building permits, with consideration given to this comment. HCD-Engineering services also reviewed the proposed driveway location. They indicated that the tree location would not be a visibility concern, but the landscaping hedge may need to be reduced in height immediately adjacent to the driveway in order to increase visibility. This would be reviewed during the encroachment permit for the driveway connection.
Prepared by: Phil Angelo, Associate Planner
Reviewed by: Anna Quenga, AICP, Principal Planner
Approved by: Craig Spencer, HCD Chief of Planning
The following attachments are on file with the HCD:
Exhibit A - Project Data Sheet
Exhibit B - Draft Resolution, including:
• Recommended Conditions of Approval
• Site Plan, Floor Plans, Elevations & Colors and Materials
Exhibit C - Vicinity Map
Exhibit D - Carmel Highlands LUAC Minutes, June 6, 2022
Exhibit E - Concept Landscaping Plan
Exhibit F - Forest Management Plan (LIB220058)
cc: Front Counter Copy; Zoning Administrator; California Coastal Commission; Cypress Community Services District; HCD-Engineering Services; HCD-Environmental Services; Anna Quenga, AICP, Principal Planner; Longstaffe David Christopher Tr Et Al, Property Owner; Adam Jeselnick, Agent; The Open Monterey Project (Molly Erickson); LandWatch; Project File PLN210308