File #: RES 14-063    Name: Heritage Development
Type: BoS Resolution Status: Passed
File created: 7/15/2014 In control: Board of Supervisors
On agenda: 7/22/2014 Final action: 7/22/2014
Title: Public hearing (continued from June 3, 2014) to consider: a. Appeal by Jeff Taylor from the Planning Commission's decision approving the application by Heritage Development LP for a Combined Development Permit; b. Addendum together with the previously certified EIR for the Santa Lucia Preserve; c. Approval of a Combined Development Permit consisting of: 1) a Minor Subdivision vesting tentative map to allow the subdivision of three lots of 20.69 acres, 20.78 acres and 62 acres (total 103.2 acres) into a 4 lot subdivision of 10.4, 13.7, 23.2 and 55.9 acres; 2) a Use Permit to allow the removal of 8 protected trees for installation of a driveway to lots 1 and 2; 3) a Use Permit for development on slopes greater than 30%; and 4) an Administrative Permit and Design Approval for development in a Design Control and Site Plan District for minor grading associated with road improvements; and d. Adoption of a Mitigation Monitoring and Reporting Plan. (Combined Development Permit - PLN0606...
Attachments: 1. Attachment A - Discussion, 2. Attachment B - Draft Board Resolution, 3. Attachment C - Addendum to Santa Lucia Preserve FEIR, 4. Attachment D - Notice of Appeal, 5. Attachment E - March 18, 2014 Staff report to the BOS, 6. Attachment F - Planning Commission Resolution 14-005, 7. Attachment G - January 8, 2014 Staff Report to the PC, 8. Attachment H - Vol. 1 -FEIR for Santa Lucia Preserve, 9. Attachment H - Vol.2 - FEIR for Santa Lucia Preserve, 10. Attachment H - Addendum to EIR, 11. Attachment H - Vol.3 - FEIR for Santa Lucia Preserve, 12. Completed Board Order and Resolution
Related files: RES 14-029, 14-592
Title
Public hearing (continued from June 3, 2014) to consider:
a. Appeal by Jeff Taylor from the Planning Commission's decision approving the application  by Heritage Development LP for a Combined Development Permit;
b. Addendum together with the previously certified EIR for the Santa Lucia Preserve;
c. Approval of a Combined Development Permit consisting of: 1) a Minor Subdivision vesting tentative map to allow the subdivision of three lots of 20.69 acres, 20.78 acres and 62 acres (total 103.2 acres) into a 4 lot subdivision of 10.4, 13.7, 23.2 and 55.9 acres; 2) a Use Permit to allow the removal of 8 protected trees for installation of a driveway to lots 1 and 2; 3) a Use Permit for development on slopes greater than 30%; and 4) an Administrative Permit and Design Approval for development in a Design Control and Site Plan District for minor grading associated with road improvements; and
d. Adoption of a Mitigation Monitoring and Reporting Plan.
(Combined Development Permit - PLN060603/Heritage Development, 27050/25070/27080 Rancho San Carlos Road, Carmel, Carmel Valley Master Plan)
Report
PROJECT INFORMATION:
Planning File Number: PLN060603
Owner: Heritage Development LP/ Jeff Taylor
Project Location: 27050/25070/25070 Ranch San Carlos Road, Carmel
APN:  157-181-006-000, 157-181-007-000, 157-181-008-000
Agent: Maureen Wruck Planning Consultants (Joel Panzer)
Plan Area: Carmel Valley Master Plan
Flagged and Staked: No
CEQA Action: Addendum to EIR certified February 1996.
 
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution (Attachment B) to:
a.      Deny the appeal by Jeff Taylor from the Planning Commission's decision approving the application for a Combined Development Permit  (Heritage Development LP/PLN060603)  consisting of: 1) a Minor Subdivision vesting tentative map to allow the subdivision of three lots of 20.69 acres, 20.78 acres and 62 acres (total 103.2 acres) into a 4 lot subdivision of 10.4, 13.7, 23.2 and 55.9 acres; 2) a Use Permit to allow the removal of 20 protected Coastal live oak trees; 3) a Use Permit for development on slopes greater than 30%; and 4) an Administrative Permit and Design Approval for development in a Design Control and Site Plan District for minor grading associated with road improvements;
b.      Certify that it has reviewed and considered the Addendum together with the previously certified EIR for the Santa Lucia Preserve;
c.      Approve the application for a Combined Development Permit (Heritage Development LP/PLN060603) consisting of: 1) a Minor Subdivision vesting tentative map to allow the subdivision of three lots of 20.69 acres, 20.78 acres and 62 acres (total 103.2 acres) into a 4 lot subdivision of 10.4, 13.7, 23.2 and 55.9 acres; 2) a Use Permit to allow the removal of 8 protected trees for installation of a driveway to lots 1 and 2; 3) a Use Permit for development on slopes greater than 30%; and 4) an Administrative Permit and Design Approval development in a Design Control and Site Plan District for minor grading associated with road improvements, subject to the conditions of approval; and
d.      Adopt a Mitigation Monitoring and Reporting Plan.
 
 
 
SUMMARY:
On January 8, 2013, the Monterey County Planning Commission approved the Combined Development Permit and Minor Subdivision vesting tentative map subject to specific findings, conditions and mitigation measures.  The applicant was not in agreement with many of the conditions of approval applied to the project and appealed the approval to the Board of Supervisors.  The appeal was initially considered by the Board at their March 18, 2014 meeting.  At that meeting the applicant requested the opportunity to meet and revisit some of the design elements and conditions of approval.  At the applicant's request, the Board continued the hearing to June 3, 2014 and then to July 22, 2014 to allow the applicant to address some of the design concerns.  There have been several modifications made to the tentative map and the conditions of approval which address the applicant's concerns.  
 
Staff has worked with the applicant to make modifications to the design of the tentative map while remaining consistent with the Santa Lucia Preserve Comprehensive Development Plan.  Overall the revisions are supported by staff, with the exception of one homeland boundary that has been shown on the map on lot 3.  The revised proposal for lot 3 proposes two alternative homeland boundaries; staff recommends that the homeland boundary requiring grading for access on slopes in excess of 30% be removed.   Staff recommends that the appeal be denied, and the project be approved as shown on the revised Tentative Map dated July 3, 2014 subject to the conditions of approval recommended by staff.    A more detailed discussion of the modifications made since the March 18, 2014 meeting can be found in Attachment A.
 
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Environmental Health Bureau
RMA-Public Works Department
Water Resources Agency
Parks Department
Monterey County Regional Fire Protection District
 
 
 
 
FINANCING:
Funding for staff time associated with this project has been provided through payment of all appropriate appeal fees.  
 
 
 
Prepared by:      John H. Ford, RMA Services Manager ext. 5158                              
Approved by:       Mike Novo, Director, RMA-Planning, ext. 5192
            Benny Young, Director Resource Management Agency
 
 
cc:      Front Counter Copy; John H. Ford, Planning Services Manager; Jeff Taylor, Applicant/Owner; Maureen Wruck Planning Consultants (Joel Panzer), Agent; The Open Monterey Project; LandWatch; Project File PLN060603.
 
 
ATTACHMENTS:
Attachment A      Discussion
Attachment B      Draft Board Resolution including recommended Conditions of Approval and Vesting Tentative Map
Attachment C      Addendum to Santa Lucia Preserve FEIR      
 
 
The following attachments are provided to the Board of Supervisors and are on file with the Clerk of the Board:
 
Attachment D      Notice of Appeal
Attachment E      March 18, 2014 Staff Report to the Board of Supervisors
Attachment F      Planning Commission Resolution 14-005
·      Conditions of Approval
·      Vesting Tentative Map (showing Commission approved changes)
Attachment G      January 8, 2014 Staff Report to the Planning Commission (with associated attachments)
Attachment H      FEIR for Santa Lucia Preserve (Also Available online at:  http://www.co.monterey.ca.us/planning/docs/eirs/Santa_Lucia_Preserve/Santa_Lucia_Preserve_FEIR.htm