File #: 22-685    Name: PLN210017 - Lesage
Type: General Agenda Item Status: Passed
File created: 7/5/2022 In control: Board of Supervisors
On agenda: 7/19/2022 Final action: 7/19/2022
Title: a. Find that execution of the Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317; b. Accept a Conservation and Scenic Easement Deed for the Brad A. LeSage and Kadee R. Melicia property; c. Authorize the Chair of the Board of Supervisors 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 recordation. (Conservation and Scenic Easement Deed- PLN210017/ Lesage Brad A. & Melicia Kadee R., 591 Viejo Road, Carmel (Assessor's Parcel Numbers 103-021-009-000), Greater Monterey Peninsula Area Plan)
Attachments: 1. Board Report, 2. Attachment A - Memorandum to the Clerk of the Board, 3. Attachment B - Conservation and Scenic Easement Deed, 4. Completed Board Order Item No. 45

Title

a. Find that execution of the Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317;

b. Accept a Conservation and Scenic Easement Deed for the Brad A. LeSage and Kadee R. Melicia property;

c. Authorize the Chair of the Board of Supervisors 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 recordation.

(Conservation and Scenic Easement Deed- PLN210017/ Lesage Brad A. & Melicia Kadee R., 591 Viejo Road, Carmel (Assessor's Parcel Numbers 103-021-009-000), Greater Monterey Peninsula Area Plan)

Report

PROJECT INFORMATION:

Planning File Number: PLN210017

Applicants: Lesage Brad A. & Melicia Kadee R.

Project Location: 591 Viejo Road, Carmel

APNs: 103-021-009-000

Plan Area: Greater Monterey Peninsula Area Plan

Flagged and Staked: No

CEQA Action: Categorically Exempt per CEQA Guidelines section 15317

 

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a.                     Find that execution of the Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317;

b.                     Accept an Amended Conservation and Scenic Easement Deed for the Brad A. LeSage and Kadee R. Melicia property;

c.                     Authorize the Chair of the Board of Supervisors 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 recordation.

 

SUMMARY/DISCUSSION:

The Lesage property is located at 591 Viejo Road in the Greater Monterey area. The site is undeveloped, contains slopes running down away from Viejo Road, and is densely forested. Planning Commission Resolution No. 21-032 (PLN210017) approved a Combined Development Permit to allow construction of a 5,813 square foot two-story single-family dwelling inclusive of

748 square foot attached garage, a 1,199 square foot accessory dwelling unit, a 551 square

foot detached garage, and associated site improvements including the removal of 42

protected trees and development on slopes in excess of 25 percent. Approximately 50 percent of the property contains slopes exceeding 25 percent. Applied as Condition of Approval No. 11, the applicant/owner was required to convey a Conservation and Scenic Easement to the County of Monterey over the remaining portions of the project which exceeding 25 percent (Attachment B).

 

Staff worked with the applicant to determine the most appropriate and feasible boundaries for the proposed Conservation and Scenic Easement. Staff recommends that the Board accept, execute, and consent to recordation of the Conservation and Scenic Easement Deed conveying an approximately 0.27-acre area located on the eastern portion of the subject property (Attachment A).


Acceptance of the expanded 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 FY 22-23 Adopted Budget within Community Development General Fund 001, Appropriation Unit HCD002, Unit 8543.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

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 accountability for proper management of our land resources.

 

Check the related Board of Supervisors Strategic Initiatives:

X Administration

__Economic Development

__Health & Human Services

__Infrastructure

__Public Safety

 

Prepared by:  Fionna Jensen, Associate Planner

Reviewed by:  Craig Spencer, HCD Chief of Planning

Reviewed by:  Lori Woodle, Finance Manager I

Approved by:  Erik Lundquist, AICP, Director of Housing and Community Development

 

 

 

 

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:

                     Exhibit A - Property Legal Description

                     Exhibit B - Monterey County Planning Commission Resolution No. 21-032

                     Exhibit C1 - Easement Legal Description

                     Exhibit C2 - Easement Plat Map                     

 

cc: Front Counter Copy; Fionna Jensen, Associate Planner; Craig Spencer, HCD Chief of Planning; Brad Lesage & Melicia Kadee, Property Owners; Clinton Prior, Agent; The Open Monterey Project; LandWatch; Project File PLN210017.