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a. Find that execution of the Conservation and Scenic Easement Deed is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines California Code of Regulations (CCR) section 15317;
b. Accept the Conservation and Scenic Easement Deed and Map for property in the ownership of Roberts Bryan and Adrienne D. Trust;
c. Authorize the Chair of the Board of Supervisors to execute the Conservation and Scenic Easement Deed and the Acceptance and Consent to Recordation; and
d. Direct the Clerk of the Board to submit the Conservation and Scenic Easement Deed to the County Recorder for recording with all applicable recording fees paid by the applicant.
(District 5)
(Conservation and Scenic Easement Deed - PLN230064/ Roberts Bryan and Adrienne D. Trust 37600 Highway 1, Monterey (Assessor's Parcel Number 418-111-012-000), Big Sur Coast Land Use Plan)
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PROJECT INFORMATION:
Planning File Number: PLN230064
Applicant: Roberts Bryan and Adrienne D. Trust
APNs: 418-111-012-000
Parcel Size: 4.15 acres
Plan Area: Big Sur Coast Land Use Plan
Flagged and Staked: No
CEQA Action: Find the project Categorically Exempt per CEQA Guidelines (CCR) section 15317
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find that execution of the Conservation and Scenic Easement Deed is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines California Code of Regulations (CCR) section 15317;
b. Accept the Conservation and Scenic Easement Deed and Map for Roberts Bryan and Adrienne D. Trust;
c. Authorize the Chair of the Board of Supervisors to execute the Conservation and Scenic Easement Deed and Acceptance and Consent to Recordation; and
d. Direct the Clerk of the Board to submit the Conservation and Scenic Easement Deed to the County Recorder for recording with all applicable recording fees paid by the applicant.
SUMMARY:
On March 27, 2024, the County of Monterey Planning Commission approved a Combined Development Permit consisting of a Lot Line Adjustment and a residential remodel/addition within the Critical Viewshed, within 50 feet of a bluff, on slopes in excess of 30%; and within 100 feet of an environmentally sensitive habitat area. (Resolution No. 24-006). Planning Commission Resolution No. 24-006 was approved subject to 15 conditions of approval. Consistent with Big Sur Coast Land Use Plan Policy No. 3.3.2.3.A.8 and the Coastal Implementation Plan, Part 3 section 20.145.030.A.2.(g), Condition No. 10 of the approval required that the Applicant/Owner convey a 2.56-square foot easement area to the County of Monterey. The purpose of the Conservation and Scenic Easement over is to protect critical viewshed and environmentally sensitive by prohibiting new development within the easement area. No structures would be allowed within the easement area; however, the existing walking path and approved stormwater line are allowed to remain and may be maintained or repaired. Furthermore, the property owner is expected to maintain coastal scrub habiat in accordance with the Fuel Management Plan approved with the project. Acceptance and recordation of the proposed Conservation and Scenic Easement Deed would satisfy Condition No. 10 of Planning Commission Resolution No. 24-006. Attachment C, Exhibit C illustrates the proposed easement boundaries.
Acceptance of the proposed Conservation and Scenic Easement Deed easement qualifies for a Class 17 categorical exemption under CEQA, because it constitutes the acceptance of an easement to maintain the open space (CEQA Guidelines (CCR) section 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 FY2025-26 Adopted Budget within Community Development General Fund 001, Appropriation Unit HCD002, Unit 8543.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
_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
The conservation easement will protect visual and biological resources in the Big Sur. Conservation of resources benefits the quality of life and well-being of residents and visitors to the Big Sur coast.
Link to the Strategic Plan:
<https://www.countyofmonterey.gov/home/showdocument?id=139569>
Prepared by: Mary Israel, Supervising Planner
Reviewed by: Lori Woodle, Finance Manager I
Reviewed and Approved by: Craig Spencer, 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:
- Exhibit A - Legal Description
- Exhibit B - Conservation and Scenic Easement Map
Attachment C - Planning Commission Resolution No. 24-006
cc: Front Counter Copy; Board of Supervisors; California Coastal Commission; Carmel Highlands Fire Protection District; Environmental Health Bureau; HCD-Engineering Services Works; HCD-Environmental Services; Craig Spencer, HCD Director; Mary Israel, Project Planner; Sheryl Fox, Agent; Roberts Bryan & Adrienne D Trust, Owners; Christina McGinnis, Keep Big Sur Wild; Laborers International Union of North America (Lozeau Drury LLP); The Open Monterey Project (Molly Erickson); LandWatch; Planning File PLN230064