Legislation Details

File #: A 24-001    Name: PLN210170 - Bruce
Type: BoS Agreement Status: Housing & Community Development - Consent
File created: 1/3/2024 In control: Board of Supervisors
On agenda: 1/23/2024 Final action:
Title: a. Find that the execution of the Conservation and Scenic Easement Deed is categorically exempt under California Environmental Quality Act (CEQA) Guidelines section 15317; b. Accept a Conservation and Scenic Easement Deed covering portions of land on slopes exceeding 25% located at 10995 Saddle Road Monterey (APN 416-191-013-000); c. Authorize the Chair 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 - PLN210170, BRUCE EDWIN G & SUSAN L, 10995 Saddle Rd, Monterey, 93940, Greater Monterey Peninsula Area Plan, APN 416-191-013-000)
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. 37, 5. First Page of Recorded Conservation and Scenic Easement Deed
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Title

a. Find that the execution of the Conservation and Scenic Easement Deed is categorically exempt under California Environmental Quality Act (CEQA) Guidelines section 15317;

b. Accept a Conservation and Scenic Easement Deed covering portions of land on slopes exceeding 25% located at 10995 Saddle Road Monterey (APN 416-191-013-000);

c. Authorize the Chair 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 - PLN210170, BRUCE EDWIN G & SUSAN L, 10995 Saddle Rd, Monterey, 93940, Greater Monterey Peninsula Area Plan, APN 416-191-013-000)

Report

PROJECT INFORMATION:

Planning File Number: PLN210170

Owner: BRUCE EDWIN G & SUSAN L

Project Location: 10995 Saddle Rd, Monterey, 93940, Greater Monterey Peninsula Area Plan

APN:  416-191-013-000

Applicants: Edwin G & Susan L Bruce 

Plan Area: Greater Monterey Peninsula Area Plan

Flagged and Staked: no

CEQA Action: N/A

 

RECOMMENDATION:

Staff recommends that the Board of Supervisors:

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

b.                     Accept a Conservation and Scenic Easement Deed covering portions of land on slopes exceeding 25% located at 10995 Saddle Road Monterey (APN 416-191-013-000);

c.                     Authorize the Chair 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/DISCUSSION:

On October 26, 2022, the Planning Commission adopted Resolution 22-025, approving a Combined Development Permit (PLN210170) to construct a new single family dwelling at 10995 Saddle Road, Monterey. Condition 7 of that approval required the applicant to convey a conservation and scenic easement deed (CSED) to protect areas of the property outside the building footprint containing slopes exceeding 25%.

 

The applicant has submitted a CSED and map showing the general location of the easement on the property, along with the metes and bounds description, both of which are appended to this Report, collectively, as Attachment B. 

 

This CSED will satisfy the requirements of the 2010 Monterey County General Plan OS-3.5 requirements, Condition 7 of Planning Commission Resolution No. 22-025, and ensure long-term protection of slopes which have scenic qualities and, if developed, could result in slope instability and/or water quality impacts. No development will be allowed within the easement area, and the CSED will run with the land and be disclosed to any future property owners.

 

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 an easement to maintain the open space character of the area (CEQA Guidelines, § 15317).

OTHER AGENCY INVOLVEMENT:

The Office of the County Counsel has reviewed the CSED as to form.

 

FINANCING:

Funding for staff time associated with this project is included in the FY23-24 Adopted Budgets for HCD, Appropriation Unit HCD002, Unit 8543.  All costs associated with maintenance of the CSED will be borne by the project applicant (Grantor) of the easement, not the County of Monterey (Grantee).

 

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:

__ Economic Development

X   Administration

     Health & Human Services

__ Infrastructure

__ Public Safety

 

Prepared by: Kenny Taylor, Associate Planner                                                                                    

Reviewed and approved by: Craig Spencer, Acting Director of Housing & 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:

•                     Property Legal Description

•                     Monterey County Planning Commission Resolution No. 22-025

•                     Easement Legal Description and Plat Map

 

cc: Front Counter Copy; Craig Spencer, Edwin G & Susan L Bruce, Applicants/Owners; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Project File PLN210170.