Title
a. Find that the acceptance of the Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317;
b. Accept a Conservation and Scenic Easement Deed covering Parcels H and I of the Rancho Canada subdivision final map recorded in the Official Records of Monterey County as document number 2023026084 in Volume 24, Cities and Towns, Page 87, containing 36.08 acres;
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 filing with all recording fees to be paid by the applicant.
(Conservation and Scenic Easement Deed - Parcels H and I, Rancho Canada Subdivision, Carmel Valley Master Plan area)
Body
PROJECT INFORMATION:
Planning File Number: PLN040061
Owner: Monterey Regional Parks District
Project Location: South of Carmel Valley Road, Carmel Valley
Agent: Anthony Lombardo
RECOMMENDATION:
Staff recommends that the Board of Supervisors:
a. Find that the acceptance of the Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317; and
b. Accept a Conservation and Scenic Easement Deed covering Parcels H and I of the Rancho Canada subdivision final map recorded in the Official Records of Monterey County as document number 2023026084 in Volume 24, Cities and Towns, Page 87, containing 36.08 acres
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 filing with all recording fees to be paid by the applicant.
SUMMARY:
Improvements within the Rancho Canada are moving forward after approval of permits from the County and other state and federal agencies. One of the permits includes a Streambed Alteration Agreement (“Agreement”) between the property owner, Rancho Canada Ventures (RCV), and the California Department of Fish and Wildlife (CDFW). A condition this Agreement requires transfer, in fee title, of habitat management lands to a CDFW approved entity. Habitat Management land has been identified as Parcels H and I of the Rancho Canada Subdivision. To satisfy the conditions of the Agreement, RCV has elected to transfer the property to the Monterey Regional Parks District who owns the adjacent Palo Corona Park lands. The terms of Agreement do not allow the property owner (Monterey Peninsula Regional Parks District) to be the easement holder so RCV requests that the County of Monterey accept the easement on the habitat lands that will be transferred to Regional Parks (See Attachment B). CDFW has approved the County as an acceptable government entity to be the easement holder on this habitat management land.
The proposed Conservation Easement, reviewed by CDFW and RCV, is attached as Attachment A to this report. The easement would protect numerous wildlife species and habitat within and along a portion of the Carmel River on parcels H and I of the Rancho Canada Subdivision. The easement would preclude new construction within the easement area excepting those improvements specifically listed in the draft easement which include ongoing use of the property for tails, passive recreation, and habitat restoration. The County would hold the easement and CDFW is an additional party with enforcement rights.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Acceptance of the 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 reviewed the Conservation Easement as to form.
FINANCING:
Funding for staff time associated with preparing this report is included in the FY2024-25 Adopted Budget for Housing and Community Development (HCD) Appropriation Unit HCD002, Unit 8543. All costs associated with the maintenance of the CSED will be borne by the grantor (in this case, Monterey Regional Parks District), not the County of Monterey.
Due to late submission of this Board Report, the CAO Budget and Analysis Division was not provided adequate time to fully review for potential fiscal, organizational, policy, or other implications to the County of Monterey.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action represents an 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 the proper management of our land resources.
Check the related Board of Supervisors Strategic Initiatives:
__ Economic Development
X Administration
Health & Human Services
__ Infrastructure
__ Public Safety
Prepared by: Craig Spencer, HCD Director
The following attachments are on file with the Clerk of the Board:
Attachment A - Conservation and Scenic Easement Deed, including:
Exhibit 1: Rancho Canada Subdivision Final Map
Attachment B - Applicant Request
Attachment C - Streambed Alteration Agreement
cc: Front Counter Copy; Craig Spencer, HCD Director; Monterey Peninsula Regional Parks District, Anthony Lombardo, applicant; Molly Erickson, Stamp & Erickson; Carmel Valley Association; Open Monterey Project; Land Watch Monterey County; Margaret Robbins; William Parkin, Wittwer Parkin LLC; Suzie Franklin; Bob Bogardus; Douglas Breschini; John Domiter; Pamela Forman; Charly Franklin; Joshua Fuller; Alissa Kisperksy; Lindy Mullally; Tara Ryan; Rachel Saunders, BSLT; Scott Hanham; Dick Stott; Meg Seibert; Brad and Leanna Towle; Elke Wehner; Jen and Margaret Pedersen; Charles Winge; Robin Stelle; Cyndy Rink; Charles Hayes; Larry Levine; CSA50 Citizens Advisory Committee; Deborah Kimes; Patrice Taylor; Michael Cate; Eric Sand; Bill Stevens, NOAA Fisheries; Sandra Schachter; Tom & Nicole Jakaby; Suzy Worcester; Cathy Rivera, Communities for Sustainable Monterey County