Title
PLN260058 - ELKHORN SLOUGH FOUNDATION (BROTHER'S RANCH HYDROLOGICAL RESTORATION PROJECT)
Public hearing to consider the construction of two (2) water basins as a natural water treatment system to restore the previous hydrologic patterns of the Carneros Creek, major vegetation removal associated with habitat restoration, the and 13,450 yards of cut and fill to restore 1.4 acres of floodplain, degraded riparian and wetland habitat for natural hydrological processes and aquifer recharge with two recharge basins and improvements to a degraded drainage channel, development with 100 feet of ESHA, and development within 750 feet of known archaeological resources.
Project Location: 360 Hall Road, Royal Oaks, CA 95076
Proposed CEQA action: Find the project Categorically Exempt pursuant to CEQA Guidelines section 15333, and there are no exceptions pursuant to Section 15300.2.
Report
RECOMMENDATIONS
It is recommended that the Zoning Administrator adopt a resolution to:
a. Find the project qualifies for a Class 33 Categorical Exemption from CEQA Guidelines Section 15333, and that none of the exceptions from Section 15300.2 apply to the project; and
b. Approve a Combined Development Permit consisting of a:
1) Coastal Administrative Permit for construction of two (2) water basins as a natural water treatment system to restore the previous hydrologic patterns of the Carneros Creek;
2) Coastal Development Permit for major vegetation removal associated with habitat restoration and 13,450 yards of cut and fill to restore 1.4 acres of floodplain, degraded riparian and wetland habitat;
3) Coastal Development Permit for development with 100 feet of ESHA; and
4) Coastal Administrative Permit for development within 750 feet of known Archaeological Resources.
The attached draft resolution includes findings and evidence for consideration (Exhibit A). Staff recommends approval subject to 12 conditions of approval.
PROJECT INFORMATION
Agent: Robyn Simpson
Property Owner: Elkhorn Slough Foundation
APN: 181-271-001-000 & 412-062-015-000
Parcel Size: Approximately 356 acres and 35 acres
Zoning: Rural Density Residential, 40 acres per unit within the Coastal Zone, or “RDR/40(CZ)”
Plan Area: North County Land Use Plan
Flagged and Staked: N/A
Project Planner: Jordan Evans-Polockow, Assistant Planner
Evans-PolockowJ@countyofmonterey.gov, (831)783-7065
SUMMARY/DISCUSSION
The project site is located at 360 Hall Road in Royal Oaks within the North County Land Use Plan. The proposed project includes construction of two (2) water basins as a natural water treatment system to restore the previous hydrologic patterns of the Carneros Creek that drains to the Elkhorn Slough, major vegetation removal and 13,450 yards of cut and fill to restore 1.4 acres of floodplain, degraded riparian and wetland habitat for natural hydrological processes and aquifer recharge with two recharge basins and improvements to a degraded drainage channel. The project also includes development within 100 feet of ESHA and within 750 feet of known archaeological resources. This hydrological project proposes the development of two recharge basins, the enhancement of a degraded intermittent drainage channel, and related improvements to the natural vegetation, including major vegetation removal. This project does not include an increase in wastewater generation or installation, upgrade, or repairs to any onsite wastewater treatment system components. The proposed development will not be visible from a scenic corridor or major common public viewing area due to location, topography, and intervening development and vegetation.
Based on staff’s analysis, the proposed project is consistent with the policies and regulations pertaining to zoning uses and any other applicable provisions of the 1982 General Plan (General Plan), North County Land Use Plan (NC LUP), North County Coastal Implementation Plan (NC CIP), and applicable sections of the Monterey County coastal zoning ordinance (Title 20).
Consistency with LUP Policies
The North County Area Plan includes conservation projects specifically under Policy 2.3.2.3 to protect Elkhorn Slough. NC LUP Policy NC-3.3 gives high priority to the conservation of North County native vegetation, including the viability of threatened or limited vegetative communities and wildlife habitats, to both preserve rare, endangered, and endemic plants for scientific study and to promote the area's natural scenic qualities. The project, as proposed, includes restoration of degraded riparian and wetland habitats and native vegetation, ensuring that the area’s natural scenic qualities are protected and that Elkhorn Slough's water quality is enhanced through the creation of recharge basins and improved riparian and wetland habitats.
Land Use
The subject parcel is zoned as a Rural Density Residential with 40 acres per unit in the Coastal Zone, or “RDR/40(CZ)”. The development standards for the RDR zoning district are identified in Title 20 section 20.16.060. Site development standards apply to enclosed spaces and structures. Title 20 section 20.06.120 defines a structure as anything constructed the use of which requires location on or attached to something having location on the ground, excluding fences under 6 feet in height. The project proposes 1.4 acres of restoration area, 1.21 acres of basin infiltration area, two basins with water surfaces at spillway elevation, and a total disturbed area of 4.99 acres. Therefore, the project is not subject to these development standards. However, the project will allow the construction of two (2) water basins as a natural water treatment system to restore the previous hydrologic patterns of the Carneros Creek. This type of more intensive restoration work is allowed subject to the granting of a Coastal Administrative Permit, pursuant to Title 20 Section 20.16.040.J, which allows for water system facilities including wells and storage tanks, where the two water basins will function as a natural water treatment system to restore previous hydrologic patterns and to ensure that runoff that is channeled into the Elkhorn Slough is improved and enhanced.
Visual Resources
Although the project site is not located on the ocean side of Highway 1, the subject parcels are somewhat visible from the Elkhorn Slough, which has a dense canopy of trees and vegetation that prevents visibility of the portion of the larger parcel where the development is proposed to occur in the public viewshed. It will not be visible from any public access points or viewshed, due to the significant vegetation, slopes, and elevations. Therefore, as designed and sited, the proposed development assures protection of the public viewshed, is consistent with the neighborhood character, and assures visual integrity.
Cultural Resources
According to the Monterey County Geographic Information System (GIS), the subject property is within an area of high archaeological sensitivity and within 750 feet of a known archaeological resource. In accordance with the NC CIP section 20.144.110, any new development being proposed within high sensitivity zones, or within 750 feet of a known recorded archaeological and/or cultural site, shall complete a Phase One Archaeological survey. According to the prepared Phase One Archaeological Survey (County of Monterey Library No. LIB260156), no evidence of significant resources has been identified on the project parcel, but the report confirms that there are resources nearby, within 750 feet of the subject property. Therefore, a Coastal Administrative Permit is applied in such case. In addition, the standard condition of approval (Condition No. 3) has been incorporated into this project, which requires the contractor to stop work if previously unidentified resources are discovered during construction.
Environmentally Sensitive Habitat Area
North County Coastal Implementation Plan section 20.144.040 requires that a Biological Report be required for all proposed development that is sited or may be sited within 100 feet of ESHA, and/or has the potential to negatively impact the longer-term maintenance of the habitat. A Biological Report (County of Monterey Library No. LIB260157) was prepared by Camara Environmental Consulting dated April 13, 2026, and states that the proposed scope of work is development within a riparian corridor, within 100 feet of ESHA (wetland habitat and various wildlife species). The individual sensitive plant species, along with sensitive habitats including wetlands, are considered environmentally sensitive habitats pursuant to Chapter 2.3 of the North County LUP. North County LUP Policy 2.3.2.3 requires that new development adjacent to or in ESHA be compatible with the long-term maintenance of the resource, which the proposed basin development and restoration work will aid in maintaining and improving the water quality of the Elkhorn Slough and surrounding wetland habitat. Sightings of special status species of both the animal and avian variety were identified in the surrounding community or within 300 feet of the development area, such as the Monterey musky-footed woodrat, Long-eared owl, Northern harrier, Olive-sided flycatcher, white-tailed kite, willow flycatcher, yellow-breasted chat, and yellow warbler. While these species are presumed to be present, there is low potential for these species to be impacted by the development. The report states that a qualified biologist will survey for woodrat houses within and adjacent to the project footprint at least three weeks prior to initiation of project activities (Condition No. 3). If woodrat houses are present in or near the project area, a 50-foot no-activity buffer will be established. If a 50-foot buffer is not feasible, a smaller buffer may be allowed based on recommendations from a qualified biologist. Further, to avoid potential impacts on nesting raptors and other avian species, the project biologist recommends that the property be surveyed prior to construction if construction were to occur during nesting season. Therefore, Condition No. 5 has been added to require the applicant to conduct a survey prior to construction if construction occurs between February 1 and August 31.
The project, as proposed, would not result in any tree removal requiring an entitlement from the County of Monterey. The project proposes vegetation removal, but does not propose any tree removal; the only tree proposed for removal is a 5-inch oak tree, which does not require an entitlement. Pursuant to the NC CIP Section 20.144.050.A.1.c, oak trees measured at less than 6 inches in diameter, two feet above the ground, do not require a Coastal Development Permit. As proposed, the only tree to be removed is a 5-inch oak tree, two feet above the ground; the project will not require a Coastal Development Permit for tree removal.
In addition, although not seen during the biologist's visit throughout the subject parcels, California Red-legged Frog (CRLF) and the Santa Cruz long-toed salamander both have moderate potential to occur within said habitat. Based on the California Natural Diversity Database, the report concluded that there is an unlikely potential for construction to impact either the CRLF or the Santa Cruz long-toed salamander, and during the ground clearance stage and/or brush trimming to allow equipment mobilization. In the unlikely event that these species occupy the site, the biologist’s recommendations have been incorporated into the project to ensure impacts are either avoided or minimized. Condition No. 6 requires a pre-construction meeting to be conducted with the purpose of reviewing this permit’s conditions of approval and all recommendations indicated in the biological report (County of Monterey Library No. LIB260157), including designating a construction member to inspect the site for special status species.
Per Policy 2.3.2.1, all other development types (as allowed by the underlying zoning district) may be adjacent to or within 100 feet of ESHA, provided the development is compatible with the long-term maintenance of the resource. The siting of the restoration work and basin infiltration areas does not conflict with Policy 2.3.2.1 of the North County LUP because impacts on the wetlands that could occur during construction are avoided. On-going use and maintenance of the infiltration basins and surrounding landscape would be of a low intensity that will not disrupt or impact the sensitive habitats and would ultimately result in improvements of the existing habitat. Therefore, as proposed and conditioned, the project complies with applicable ESHA policies of the North County LUP and the CIP, which encourage avoiding sensitive habitats and plant and animal species and require that new development be compatible with the long-term maintenance of the surrounding ESHA.
CEQA:
California Environmental Quality Act (CEQA) Guidelines Section 15333 categorically exempts small habitat restoration projects that are smaller than five acres in size that assure the maintenance, restoration, enhancement, or protection of the habitat for fish, plants, or wildlife. The proposed project includes major vegetation removal and 13,450 yards of cut and fill to restore 1.4 acres of floodplain, degraded riparian and wetland habitat for natural hydrological processes and aquifer recharge with two recharge basins and improvements to a degraded drainage channel. The project also includes development within 100 feet of ESHA and development within 750 feet of known archaeological resources. Therefore, the proposed development is consistent with the parameters of this Class 33 exemption. There would be no significant adverse impact on endangered, rare, or threatened species or their habitats, and the project as conditioned would ensure that all potential impacts to these species and their habitats are avoided. The project would not result in significant impacts when viewed in connection with the effects of past, current, or future projects. The project would improve an existing degraded habitat and the water quality of runoff that flows into Elkhorn Slough, thereby reducing impacts on the habitat and ecosystem of Elkhorn Slough. There are no exceptions pursuant to Section 15300.2. No evidence of significant adverse environmental effects was identified during staff review of the development application. There is no cumulative impact without prior, successive projects of the same type in the same place over time. There is no significant effect on the environment due to unusual circumstances. The site is not included on any list compiled pursuant to Section 65962.5 of the Government Code to be considered a hazardous waste site. No known historical resources are found in the geotechnical or archaeological reports, which may cause a substantial adverse change in the significance of a historical resource. The project site is not within an officially designated scenic highway area, such as a state scenic highway.
OTHER AGENCY INVOLVEMENT
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
HCD-Engineering Services
Environmental Health Bureau
HCD-Environmental Services
North County Fire Protection District
California Coastal Commission
Prepared by: Jordan Evans-Polockow, Assistant Planner, x7065
Reviewed by: Taylor Price, Senior Planner
Approved by: Jacquelyn M. Nickerson, Principal Planner
The following attachments are on file with HCD:
Exhibit A - Draft Resolution including:
- Recommended Conditions of Approval
- Site Plans
Exhibit B - Biological Assessment
Exhibit C - Operations Plan
Exhibit D - Vicinity Map
cc: Front Counter Copy; Jacquelyn M. Nickerson, Principal Planner; North County Fire Protection District; HCD-Environmental Services; HCD-Engineering Services; Environmental Health Bureau; Jordan Evans-Polockow, Planner; Taylor Price, Senior Planner; Elkhorn Slough Foundation, Property Owner; Robyn Simpson, Agent; The Open Monterey Project; LandWatch (Executive Director); Lozeau Drury LLP; Christina McGinnis, Keep Big Sur Wild; Planning File PLN260058