Title
a. Approve and accept a Conservation and Scenic Easement Deed over a 1.01-acre portion of Assessor’s Parcel Number 241-251-011-000 as required as mitigation for PLN140219 and authorize the Chair to sign the Acceptance and Consent to Recordation.
b. Direct the Clerk of the Board to submit the Conservation and Scenic Easement Deed to the County Recorder for filing.
(Conservation Easement Deed - PLN140219/Bella Designs LLC, 165 Spindrift Road, Carmel)
Report
PROJECT INFORMATION:
Planning File Number: PLN140219
Owner: Bella Designs LLC
Project Location: 165 Spindrift Road, Carmel
APN: 241-251-011-000
Agent: Anthony Lombardo and Associates
Plan Area: Carmel Area Land Use Plan
Flagged and Staked: No
CEQA Action: N/A
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and accept a Conservation and Scenic Easement Deed over a 1.01-acre portion of Assessor’s Parcel Number 241-251-011-000 as required as mitigation for PLN140219 and authorize the Chair to sign the Acceptance and Consent to Recordation.
b. 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:
A Combined Development Permit (Bella Designs LLC/PLN140219) allowing the demolition and reconstruction of a single-family dwelling within 750 feet of a known archaeological resource was approved by the Planning Commission on August 31, 2016 (Resolution 16-018, Attachment A). Consistent with the California Environmental Quality Act (CEQA), project review involved environmental analysis disclosing potentially significant impacts to cultural resources. Archaeological reconnaissance reports for the project indicated that there were 19 recorded archaeological sites within one kilometer of the subject property and that the nearest site, on the subject property, is within 750 feet of the “project impact area.” Although none of the materials frequently associated with prehistoric cultural resources were found within the project impact area during field reconnaissance, resources do exist on portions of the 3.20-acre property. In order to protect these resources from future development, the archaeologist recommended a conservation easement over portions of the property where the resources exist be conveyed to Monterey County as mitigation in order to reduce potential impacts to a less than significant level. This mitigation was incorporated as a condition of approval of PLN140219 (Condition No. 26, Mitigation Measure No. 1) and requires action on the Conservation and Scenic Easement Deed by the Board of Supervisors for compliance.
This easement (Attachment B) was developed in consultation with a qualified archaeologist and details the exact location of the easement on the property by a metes and bounds description, and contains a clear and concise list of prohibited activities within the easement area. Staff recommends the Board accept, execute, and consent to the recordation of the Conservation and Scenic Easement Deed.
This action is exempt from CEQA because it is not a project and will not cause a direct physical change in the environment. The easement is implementation of mitigation that was considered and evaluated with the project.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed the Scenic and Conservation Easement and approved as to form and legality.
FINANCING:
Funding for staff time associated with this project is included in the FY17-18 Adopted Budget for RMA-Planning. All costs associated with maintenance of the easement will be borne by the project applicant (Grantor) of the easement, not the County (Grantee).
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action represents effective and timely response to our RMA 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: Anna V. Quenga, Associate Planner ext. 5175
Reviewed by: Brandon Swanson, RMA Planning
Approved by: Carl Holm, AICP, Director Resource Management Agency
cc: Front Counter Copy; Brandon Swanson RMA Services Manager; Anna V. Quenga, Project Planner; Bella Designs LLC, Owner; Anthony Lombardo and Associates, Applicant; The Open Monterey Project (Molly Erickson); LandWatch (Director); Project File No. PLN140219.
The following attachments are on file with the Clerk of the Board:
Attachment A - Planning Commission Resolution No. 16-018
Attachment B - Conservation Easement Deed