Title
a. Approve and accept a Conservation and Scenic Easement Deed of approximately 0.95 acres of APN 243-113-007-000 as required as mitigation for PLN010528 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 - PLN010528 - Whisler Francis L, 61 Riley Ranch, Road, Carmel)
Report
PROJECT INFORMATION:
Planning File Number: PLN010528
Owner/Applicant: Francis L Whisler
Project Location: 61 Riley Ranch Road Lot #7, Carmel
APN: 243-113-007-000
Plan Area: Carmel Area Land Use Plan
CEQA Action: N/A
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and accept a Conservation and Scenic Easement Deed of approximately 0.95 acre over an area of APN 243-113-007-000 as required as mitigation for PLN010528 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.
SUMMARY/DISCUSSION:
A Combined Development Permit (Whisler/PLN010528) was approved by the Planning Commission on November 12, 2003 (Resolution 03075, Exhibit B). Part of the approval process for the project involved an environmental document addressing potentially significant impacts to identified environmentally sensitive habitat areas (ESHA). In order to ensure the long-term conservation of the Yadon’s piperia habitat adjacent to the existing and approved development, a Conservation and Scenic Easement was required to be conveyed to the County over those portions of the property where sensitive habitats exist including those buffers outlines in the e-mail from Vern Yadon dated October 8, 2003.
Considering staff’s environmental review, combined with the recommendation from a retained biologist, RMA-Planning applied a condition (Condition No. 28/Mitigation Measure No. 2) requiring the applicant to convey a 0.95 acre area of the property in a scenic and conservation easement deed to the County of Monterey.
The applicant has submitted the conservation easement deed and map showing the location of the easement on the property, along with the metes and bounds description (Exhibit C). Therefore, 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.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has approved the Conservation and Scenic Easement Deed 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 born by the project applicant (Grantor) of the easement, not the County (Grantee).
Prepared by: Elizabeth Gonzales, Associate Planner, ext. 5102
Reviewed by: Brandon Swanson, RMA-Planning Services Manager, ext. 5193
Approved by: Carl P. Holm, AICP, RMA Director
cc: Front Counter Copy; California Coastal Commission; Carl P. Holm, Director-Planning Department; Jacqueline R. Onciano, Planning Services Manager; Brandon Swanson, Planning Services Manager; Frances L Whisler, owner; The Open Monterey Project; LandWatch; Project File PLN010528.
The following attachments are attached and on file with the Clerk of the Board:
Attachment A - Conservation Easement Deed with Exhibits:
Exhibit A - Legal description
Exhibit B - Planning Commission Resolution No. 03075
Exhibit C - Conservation Easement description
Exhibit D - Conservation Easement map