Title
PLN230310 - TIMBER RIDGE PRESERVE LLC (FISCHELL)
Public hearing to consider the construction of a 3,870 square foot single family dwelling with an attached 977 square foot three-car garage, 1,171 square feet of exterior patios and decks, and a 3,467 square foot auto court. The project also includes the removal of 28 protected oak trees and development on slopes in excess of 30%.
Project Location: 40 Arroyo Sequoia, Carmel, Santa Lucia Preserve (Phase B)
Proposed CEQA action: An Addendum and a previously approved EIR for the Santa Lucia Preserve Subdivision (EIR #94-005/Resolution No. 96-059) pursuant to CEQA Guidelines Section 15164.
Body
RECOMMENDATIONS
It is recommended that the Planning Commission adopt a resolution to:
1) Consider an Addendum and a previously approved EIR for the Santa Lucia Preserve Subdivision (EIR #94-005/Resolution No. 96-059) pursuant to CEQA Guidelines Section 15164; and
2) Approve a Combined Development Permit consisting of:
a. Administrative Permit and Design Approval for a 3,870 square foot single family dwelling with a 977 square foot garage;
b. Use Permit to allow the removal of 28 protected trees (22 Valley Oaks & 6 Coastal Oaks); and
c. Use Permit to allow development on slopes in excess of 30%.
The attached draft resolution (Exhibit A) includes findings and evidence for consideration. Staff recommends “approval” of the project subject to 16 conditions of approval (Exhibit A.1).
PROJECT INFORMATION
Agent: Carla Hashimoto (Eric Miller Architects)
Property Owner: Dr. Tim Fischell (Timber Ridge Preserve LLC)
APN: 239-091-040-000
Parcel Size: 38.7-acres
Zoning: Resource Conservation with a maximum gross density of one unit/40 acres with Design Control and Site Plan Review overlays (“RC/40-D-S”)
Plan Area: Greater Monterey Peninsula
Flagged and Staked: Yes
Project Planner: Steve Mason
masons@countyofmonterey.gov, (831) 759-7375
SUMMARY
The presently undeveloped 38.7-acre property is located at 40 Arroyo Sequoia (terminus of cul-de-sac), Carmel, within the 20,000-acre Santa Lucia Preserve private subdivision. The designated “homeland boundary” (i.e., buildable area) is 2.7 acres in area. The project proposes construction of a new 3,870 square foot split-level single-family dwelling with an attached 977 square foot garage, 1,171 square feet of exterior patios and decks including outdoor kitchen, and a 3,467 square-foot auto court. Grading consists of approximately 880 cubic yards of cut and 515 cubic yards of fill. Site improvements would also include installation of a driveway, (see attached project plans in Exhibit C). Construction will require minor development on slopes in excess of 30 percent and removal of oak trees, both of which require a Use Permit. The design of the home is consistent with typical single family dwellings as found within the Santa Lucia Preserve.
The parcel is zoned Resource Conservation with a maximum gross density of one unit per 40 acres, with Design Control and Site Plan Review overlays (RC/40-D-S) which allows one single family dwelling per legal lot of record. Therefore, the project is an allowed land use for this site.
Based on staff analysis, the project is consistent with all rules and regulations pertaining to zoning uses and all other applicable provisions of the 2010 Monterey County General Plan, the Greater Monterey Peninsula Area Plan, and the Inland Zoning Ordinance (Title 21).
DISCUSSION
Development Standards
The development standards for the Resource Conservation zoning district are identified in Title 21- Section 21.36.060. Required setbacks for main dwellings are 30 foot (front), 20 foot (sides), and 20 foot (rear), and the maximum allowed height is 30 feet. As proposed, the single-family dwelling meets the setback standards, while the height of the structure would be 27 feet 2 inches above average natural grade.
Pursuant to Title 21 Section 21.36.060.E, the maximum allowed site coverage is 25 percent. The property is 38.7-acres, or approximately 1,683,947 square feet, which allows site coverage of 420,987 square feet. The structural site coverage proposed is 4,397 square feet (.3%) while the total site coverage (including decks, patios, driveway, walkways and auto court) is 20,018 square feet (1.2%). Thus, the project coverage is within the maximum thresholds allowed. As required, the proposed structures are located within the “homeland boundary” (designated building envelope) on the property.
Design Review
The proposed exterior colors and materials are compatible with the rural setting and the nearby residences. Primary colors and materials include light-grey stucco walls, weathered copper roofing and dark bronze fixtures (See Ex. C, Sheet A-7.1).
A site visit was conducted to verify the visual integrity of the proposed development. The single-family dwelling would be situated among a dense grove of mature oak trees and would be subordinate to the natural features of the area. The project site is not visible from Carmel Valley Road or any other public roads outside of the Sant Lucia Preserve private subdivision (Note that even views from roads within the Preserve would be minimal). Accordingly, protection of the public viewshed is assured and the structure would be consistent with neighborhood character. The project, as proposed herein, has been reviewed and approved by the Santa Lucia Preserve Design Review Board pursuant to their letter dated February 13, 2024 (Exhibit D).
Health and Safety
Necessary public facilities are available. The Santa Lucia Community Services District (CSD), in a letter dated February 13, 2024 (Ex. E), have confirmed that they will provide water and sewer service, and sewage will be treated at the Preserve’s wastewater reclamation facility.
The subject parcel is located within a State Responsibility Area with fire hazard ratings classified as “high” and “very high.” A Lot-Specific Fuel Management Plan (LIB240081 - Ex. G) has been drafted with the expressed intent “…to guide the implementation of vegetation management and to provide for the Owner sufficient defensible space and fire safety around the home on Lot 115, as required by California Public Resources Code 4291, while still maintaining the natural and aesthetic values of the Santa Lucia Preserve.” The Plan has been reviewed and approved by the Santa Lucia Conservancy and signed by the applicant (executed signature) confirming their responsibility to implement the requirements contained therein. Further, the County’s standard “Notice of Reports” condition of approval (#10) requires that the recommendations in the Management Plan are strictly followed on an ongoing basis.
The project has been reviewed by the HCD-Planning Division and conditions have been recommended, 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.
Development on Slopes
The project includes development on slopes in excess of 30 percent. 2010 General Plan Policy OS-3.5 establishes a permit threshold for development on 25 percent or more. However, the property is within Rancho San Carlos, and the Greater Monterey Peninsula Area Plan Policy GMP-1.6 establishes Rancho San Carlos as a Special Treatment Area. Accordingly, development follows the policies of the Santa Lucia Preserve Comprehensive Plan which utilizes a threshold of 30 percent or greater to define steep slopes. Roughly half of the 2.7-acre homeland boundary is comprised of 30%+ slopes. The total proposed development area on slopes in excess of 30% is 2,056 square feet: 115 square feet within the structural footprint, 1,277 square feet attributed to the driveway and 664 square feet split amongst the auto court, patios and planter boxes (See Exhibit C, Sheet A-1.3). This l 2,056 square foot area of development on slopes comprises 1.75% of the 2.7-acre homeland boundary and .12% of the entire parcel. Given the heavily sloped nature of the parcel and the density of protected oak trees, there is no feasible alternative building site on the property that better meets the goals, policies and objectives of the Monterey County General Plan and Greater Monterey Peninsula Area Plan.
Tree Removal
In order to minimize impacts to forest resources, all proposed development is located within a previously determined “homeland boundary” building envelope. Pursuant to Title 21 Section 21.64.260, the project requires approval of a Use Permit for the removal of oak trees. The parcel is densely forested, with the 2.7-acre homeland boundary area, by itself, containing an estimated 260 trees (See Exhibits F, H and I). Twenty-eight (28) total oak trees are proposed for removal:
- Coast live oak - 6, no landmark sized
- Valley oak - 22, one landmark sized (25”) and six deceased
Tree removal is the minimum required under the circumstances of this case, and removal will not involve a risk of environmental impacts such as soil erosion, water quality degradation, ecological impacts, noise pollution, air movement and/or negative effects on wildlife habitat. Tree replacement will be consistent with measures approved for the Santa Lucia Preserve, which require replanting at a ratio of 3:1 for “non-landmark” and 5:1 for “landmark” trees (24”+ in diameter). Accordingly, 21 removed living oak trees will be replaced by 63 oaks (3:1) and the landmark tree will be replaced by 5 oaks (5:1) - for 68 total replacement trees. The replacement trees will be comprised of 50 Valley oaks and 18 Coast live oaks (See Ex. C.1, Sheet L-1.2). All replacement trees will be planted within the homeland boundary, at specific locations selected according to the recommendation of a licensed landscape architect (Simon Phillips, Lic. No. 4532).
The density of trees on the parcel, as illustrated in Exhibits H and I, render development-related tree removal unavoidable. At the request of the Santa Lucia Preserve’s Design Review Board, the applicant has re-designed the driveway for an approach to the SFD which is slightly longer than the initial proposal, but which reduces the number of trees requiring removal (See Ex. C - Sheet A-1.2). The project-specific “Tree Resource Assessment and Management Plan” drafted by Frank Ono (LIB240025 - Ex. F, page 5) notes: “The trees to be removed are in the driveway and building site. These removals are the minimum necessary for this design to succeed and do not pose a risk of substantial adverse impact on other valuable resources on the site. Areas of oaks are growing in a compacted stand, in need of thinning for reduced fuel load. The design maintains the existing 38+ acres of oak woodland environment and allows the woodland to continue to exist and regenerate over time.” Note, also, that the single landmark (25”) tree to be removed is one among 17 total landmark oaks located within the 2.7-acre homeland boundary.
The following condition of approval has been included per the recommendation of project arborist Frank Ono:
Pre-Construction Meeting: A project arborist/forester shall be retained and before the start of construction a meeting and training session shall be conducted to communicate and instruct personnel about tree removal, retention, and protection. The pre-construction meeting will include instructions on required tree protection and exclusionary fencing installed before grading, excavation, and construction procedures.
Meeting attendees shall include all involved parties such as site clearance personnel, construction managers, heavy equipment operators, and tree service operators. A Monterey County-qualified forester or County-qualified arborist shall conduct the training.
Environmental Review.
Environmental Review
An Environmental Impact Report (EIR) for the Santa Lucia Preserve Subdivision was certified by the Board of Supervisors on February 6, 1996 (EIR #94-005/Resolution #96-059). An Addendum to this EIR was prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164 to establish that the changes and additions to the Subdivision do not cause substantial changes and do not include new information that would require major revisions to the previously-certified EIR. This Addendum is attached as Exhibit J.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, when an EIR has been certified, no subsequent EIR shall be prepared for the project unless the agency
determines that substantial changes are proposed which require major revisions or substantial changes occur with respect to the circumstances under which the project is undertaken due to new significant environmental effects. In this case, no new information has been presented to warrant further environmental review. The proposed structures are within a previously designated building envelope, and the proposed tree removal is within the overall tree removal analyzed for the subdivision. As such, staff recommends the Planning Commission consider the Addendum together with the previously certified EIR.
The Forest Management Plan prepared by Ralph Osterling for the Environmental Impact Report (EIR) in 1994 provided specific tree removal estimates for each lot created by the subdivision. The subject Lot (#115) had an estimated removal of 2 protected trees. The Addendum was prepared to address impacts related to the removal of 26 additional protected trees for this project. The EIR analyzed the removal of 1,480 trees within Phases A-C of the subdivision (This project is within Phase B). To date, 724 trees have been approved for removal. Approximately 52.3% of the lots (133 of 254) in Phases A-C have been developed while allotted tree removals stand at approximately 48.9% (724 of 1480). The 28 trees proposed for removal on Lot 115 for this project would represent an additional 1.9 percent of the total trees approved for removal within the 254 homeland boundaries analyzed.
The project site is located within an area of “moderate” archaeology sensitivity and therefore does not require a Phase 1 Archaeological Report. A standard condition of approval has been incorporated to ensure construction work would be halted if archaeological resources are uncovered.
OTHER AGENCY INVOLVEMENT
The following agencies have reviewed the project and have recommended conditions of approval:
- HCD-Engineering Services
Prepared by: Steve Mason, Associate Planner - (831) 759-7375
Reviewed by: Fionna Jensen, Principal Planner - (831) 796-6407
Approved by: Melanie Beretti, AICP, Chief of Planning - (831) 755-5285
The following attachments are on file with HCD:
Exhibit A - Draft Resolution, including:
• Recommended Conditions of Approval
Exhibit B - Vicinity Map
Exhibit C - Site Plans
• Landscaping and Exterior Lighting Plans
Exhibit D - SLP Design Review Board Approval Letter (2/13/2024)
Exhibit E - SLCSD Utility “Can-and-Will-Serve” Letter (2/13/2024)
Exhibit F - Arborist Report
Exhibit G - Fuel Management Plan
Exhibit H - Satellite Photo
Exhibit I - Site Photo (8/20/2025)
Exhibit J - Addendum to the Santa Lucia Preserve EIR*
Exhibit K - Santa Lucia Preserve Allotted/Completed Tree Removals
*Note: The Environmental Impact Report for the Santa Lucia Preserve Subdivision (EIR #94-005/Resolution #96-059) is available for review at the HCD Planning Department office, located at 1441 Schilling Place, Salinas, CA.
cc: Front Counter Copy; HCD-Environmental Services; HCD-Engineering Services; Steve Mason, Planner; Fionna Jensen, Principal Planner; Dr. Tim Fischell, Property Owner; Carla Hashimoto (Eric Miler Architects), Agent; Monterey Land Group; The Open Monterey Project; LandWatch (Executive Director); Lozeau Drury LLP; Planning File PLN230310.