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a. Find that the acceptance 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 approximately 0.43 acres at 36584 Highway 1, Carmel, (Assessor’s Parcel Number 243-251-024-000) to satisfy a condition of approval related to Chief of Planning, Resolution Number 22-015 (Planning File No. PLN110194-AMD1);
c. Authorize the Chair of the Board of Supervisors to execute the Conservation and Scenic Easement Deed; and
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 - PLN110194-AMD1, PALO AALTO LLC, 36584 Highway 1, Carmel, Assessor’s Parcel Number 243-251-024-000, Big Sur Coast Land Use Plan, Coastal Zone.)
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PROJECT INFORMATION:
Planning File Number: PLN110194-AMD1
Owners: PALO AALTO LLC
Project Location: 36584 Highway 1, Carmel
APN: 243-251-024-000
Agent: Paul Bryne
Plan Area: Big Sur Coast Land Use Plan, Coastal Zone
CEQA Action: Categorically Exempt pursuant to CEQA Guidelines section 15317
RECOMMENDATION:
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 approximately 0.43 acres at 36584 Highway 1, Carmel, (Assessor’s Parcel Number 243-251-024-000) to satisfy a condition of approval related to Chief of Planning, Resolution No. 22-015 (Planning File No. PLN110194-AMD1);
c. Authorize the Chair to execute the Conservation and Scenic Easement Deed; and
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
On August 14, 2002, the County of Monterey Planning Commission approved Resolution No. 02047 (PLN010558), granting a Coastal Development Permit for the demolition of an existing 1,300-square-foot single-family dwelling. The permit also allowed for the construction of a new single-family dwelling measuring 4,343 square feet, which included an attached garage, retaining walls, and a new septic system. The Planning Commission approved the project with 30 conditions. Notably, Condition #10 required the recording of a Scenic Easement Deed for all portions of the subject parcel located within the critical viewshed, in accordance with Section 20.145.030.A.2(g) and (h) of the Regulations for Development in the Big Sur Coast Land Use Plan. The project was subsequently extended by the Director of Planning through Resolution No. PLN040529 on August 30, 2024, with all conditions under PLN010558 remaining in effect, as there were no changes to the scope of work.
On May 20, 2009, the Director of Planning approved a Minor and Trivial Amendment (Resolution No. PLN090054) to amend PLN010558 and its subsequent extension (PLN040529). This amendment involved a reduction in the building footprint and aimed to minimize the impact on the land by relocating the proposed structure 30 feet east of the property's western edge. New conditions of approval were added under PLN090054, including an updated Condition #10, which addressed the Conservation Scenic Easement Deed.
On April 10, 2013, the Planning Commission approved an amendment to the previous Combined Development Permit (Resolution No. 13-012, PLN110194). This allowed for the construction of a two-story single-family dwelling comprising a 3,164-square-foot geodesic dome, a 780-square-foot wing attached to the north side of the dome containing habitable living areas, and a two-car garage with a green roof. This project was subject to 23 conditions of approval, including Condition #5, which required the applicant to record a Conservation Scenic Easement in accordance with Sections 20.145.030.A.2(g) and (h) and 20.145.030.A.6(e) of the Coastal Implementation Plan.
Finally, on March 2, 2022, a Minor and Trivial Amendment was approved by the Chief of Planning (Resolution No. 22-015, PLN110194-AMD1), which permitted the relocation of the previously approved mezzanine to an area above the existing garage. This amendment was approved with 9 conditions of approval, including Condition #4, which reiterated the requirement to record the Conservation Scenic Easement in compliance with Coastal Implementation Plan Sections 20.145.030.A.2(g) and (h) and 20.145.030.A.6(e).
The applicant has submitted the 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. No construction will be allowed within the easement area. Recordation of this easement will be disclosed to future property owners where development is prohibited within the easement, protecting all portions of the property that are in the critical viewshed in conformance with the Big Sur Coast Land Use Plan requirements and the condition of approval.
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 approved the Conservation and Scenic Easement Deed as to form.
FINANCING:
Funding for staff time associated with this project is included in the FY2026-27 Adopted Budget for Housing and Community Development 1001-310002. All costs associated with maintenance of the CSED will be borne by the project applicant (Grantor) of the easement, not the County of Monterey.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
Acceptance and recordation of this conservation and scenic easement supports Board of Supervisors Strategic Goal for Well-Being and Quality of Life, by satisfying a Condition of Approval associated with permitted development that ensures long-term protection of coastal and public resources on the property.
Mark a check to the related Board of Supervisors Strategic Plan Goal
__X__ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
____ Dynamic Organization and Employer of Choice
Link to the Strategic Plan:
<https://www.countyofmonterey.gov/home/showdocument?id=139569>
Prepared by: Summer Obledo, Permit Technician II, ext. 7096
Reviewed by: Melanie Beretti, AICP, Chief of Planning
Approved by: Craig Spencer, HCD Director
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
- Chief of Planning Resolution No. 22-015
- Planning Commission Resolution No. 13-012
- Director of Planning Resolution No. PLN090054
- Director of Planning Resolution No. PLN040519
- Planning Commission Resolution No. 02047
- Easement Legal Description and Easement Plat Map
cc: Front Counter Copy; Summer Obledo, Permit Technician II; Craig Spencer, HCD Director; Paul Bryne, Agent; Palo Aalto LLC, Owner; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Lozeau Drury LLP; Christina McGinnis, Keep Big Sur Wild; Project File PLN110194-AMD1