Title
PLN170640 - HICKS SARAH LEE ANN & KELLY DANIEL BARTON
Public hearing to consider the construction of a 2,272 square foot single family dwelling with an attached 976 square foot garage, and removal of five (5) oak trees with a portion of the development on slopes greater than 25%.
Project Location: 180 Walker Valley Road, Castroville, North County Land Use Plan
Proposed CEQA Action: Categorically exempt per Section 15303(a) of the CEQA Guidelines
Report
RECOMMENDATION:
Staff recommends the Zoning Administrator:
a. Find the project is construction of the first single family residence in a legal lot of record
in a residential zone which qualifies as a Class 3 Categorical Exemption pursuant to Section 15303(a) of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2 of the CEQA guidelines; and
b. Approve a Combined Development Permit consisting of:
1) A Coastal Administrative Permit to allow construction of a 2,272 square foot two-story single family dwelling, a 976 square foot attached garage, and a 1,500 gallon septic tank;
2) Coastal Development Permit to allow removal of (5) five Oak trees; and
3) Coastal Development Permit to allow development of approximately 240 cubic yards of grading on slopes greater than 25%.
The attached resolution includes findings and evidence for consideration (Exhibit B). Staff recommends that the Zoning Administrator adopt the resolution approving PLN170640 subject to nineteen (19) conditions of approval.
PROJECT INFORMATION:
Property Owner and Agent: HICKS SARAH LEE ANN & KELLY DANIEL BARTON
APN: 131-101-033-000
Parcel Size: 2.56 acres
Zoning: “LDR/2.5(CZ)” (Low Density Residential with maximum gross density of 2.5 acres per unit in the Coastal Zone)
Plan Area: North County Land Use Plan
Flagged and Staked: yes
SUMMARY:
The subject application is for construction of the first single-family dwelling with an attached garage on a vacant 2.56 acre parcel on Walker Valley Road along the boundary between Castroville and Salinas Unincorporated communities within the Del Monte Farms Subdivision #2. The parcel is bound by Walker Valley Road along the eastern edge, Bay View Road along the southern edge, and by residential parcels containing dense Live oak woodlands to the west and north. The residence on the parcel to the west is nearly 200 feet from the proposed development on the subject property. Driveway access is proposed along Walker Valley Road on an existing dirt driveway that will be paved. Previous design proposals of the new dwelling had included the removal of fifteen oak trees and larger amounts of grading on slopes greater than 25%. The applicant made revisions resulting in the removal of five trees instead of fifteen and in 240 cubic yards of grading on slopes greater than 25%. This amount of grading is proposed to occur over approximately 220 square feet at the northwesternmost corner of the residence. The project proposal changed from a one-story to a two-story structure that would maximize development on slopes less than 25% on the subject parcel which reduced the development footprint from excessive encroachment on slopes 25% or greater.
DISCUSSION:
The development is proposed within a larger fragmentation of woodland canopy of a Coast live oak forest. The tree resource assessment done by Frank Ono (File No. LIB180076) surveyed 22 Coast live oaks and reports that removal of (5) trees is the minimum necessary for development due to location within or adjacent to the building footprint. Development was revised to reduce tree removal from an original fifteen (15) native oaks to the current proposal of five (5). Ono determined that removal of these five trees will have minor effects on the overall forest canopy and comprise less than 2% of total tree population on the subject property. Condition No. 7 requires tree and root protection that adheres to the tree preservation specifications and resource protection recommendations of the tree report (File No. LIB180076). Therefore, upon meeting this condition, the proposed project on this site would not adversely affect the oak woodland.
The project includes an application for a Coastal Development Permit to allow development on slopes greater than 25%. The subject property is in North County where slopes greater than 25% are defined as Critical Erosion Areas. Approximately 240 cubic yards of grading is proposed on slopes 25% or greater which is the minimum required for development of the project. As previously mentioned, the location of the structure was revised resulting in the removal of native oaks from an originally proposed fifteen (15) reduced to the currently proposed five (5). This revision also provided development that would impact fewer slopes over 25% and the five trees proposed for removal are located on slopes less than 25%. A Geotechnical Report (LIB180078) prepared by Haro, Kasunich, and Associates, Inc. supports the conclusion that the amounts and locations of grading would not cause a hazard or detriment to people or structures. Therefore, staff finds the proposed design best meets the objectives of North County Land Use Plan (NCLUP) Chapter 2.8 that new development should assure stability and structural integrity, and neither create nor contribute to erosion and landslide hazards. For this reason, staff is recommending approval of the Combined Development Permit to allow construction of the single family dwelling, attached garage, and porch.
The subject parcel is in a State Responsibility Area (SRA) rated as Moderate risk for fire hazard. North County Fire Protection District reviewed the project and will require that the development meet the current Fire Code Standards including maintaining vegetation around the structure, providing adequate access for emergency purposes, and providing appropriate fire suppression systems within the structure. Therefore, no indication exists that implementation of the proposed project would compromise safety in a fire hazard.
The applicant will connect to the existing Bayview Road Water System (WS) #9 for which testing results of source capacity and water quality were reviewed and approved by County Health Department for two total connections. The existing first connection is the residence to the west of the subject parcel, and the second connection shall be implemented for residential water serving the subject property. The project is in accordance with NCLUP Coastal Implementation Plan (CIP) 20.144.070.E.11.a that requires operation of the project would not generate a water demand exceeding or adversely impacting the safe, long-term yield of the local aquifer.
The proposed project includes development of a principally permitted residential use of the property, an application that is normally considered by the Chief of RMA-Planning. However, due to some of the grading (240 cubic yards) occurring on slopes in excess of 25%, a public hearing of the project is required. Whereas, the project involves a principally permitted use for which the least amount of slopes are impacted under the slope constraints of the site and in a location that has been analyzed to be the most appropriate area for development on the parcel, the Chief of RMA-Planning designates that the Zoning Administrator is the appropriate hearing body to consider this application pursuant to Section 20.04.030.F.
The project meets all height and setback restrictions pursuant to the Monterey County Code Title 20 for LDR/2.5(CZ) zoning code. The bulk and mass of the structure integrates well with the woodland habitat. Colors and materials are consistent with the rural character of the surroundings.
The project was not referred to the North County Land Use Advisory Committee (LUAC) for review because the project is categorically exempt from CEQA, does not involve variances or design approval subject to a public hearing, or conflict with a lot line adjustment.
CEQA:
Pursuant to §15303(a) of CEQA Guidelines, new construction of the first single-family residence on a legal lot of record is exempt from environmental review. Although the project includes a total 480 cubic yards of grading, approximately 240 cubic yards of which occur on slopes greater than 25%, there are no potentially adverse impacts that would result from construction of the single family residence beyond those normally associated with residential development. None of the exceptions to a categorical exemption contained in 15300.2 of the CEQA Guidelines apply.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Bureau of Environmental Health
RMA-Public Works
Water Resources Agency
RMA-Environmental Services
North County Fire Protection Department
Prepared by: Jaime Scott Guthrie, Associate Planner, ext. 6414
Reviewed by: Brandon Swanson, RMA Planning Services Manager
Approved by: John M. Dugan, AICP, Deputy Director of RMA Planning and Development Services.
The following attachments are on file with the RMA:
Exhibit A Project Data Sheet
Exhibit B Draft Resolution, including:
● B-1 Plans; and
● B-2 Conditions of Approval
Exhibit C Vicinity Map
Exhibit D Reports, including:
● D-1 Geotechnical Report (H.K.&Assoc. Inc.) LIB180078
● D-2 Biotic Report (CA Ecological Analytics) LIB180077
● D-3 Tree Resource Assessment, Frank Ono (LIB180076)
● D-4 Percolation Testing Results (H.K.&Assoc. Inc.) LIB180079
cc: Front Counter Copy; Jacqueline R. Onciano, Chief of RMA-Planning, Sarah and Danny Kelly, Applicants; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Project File PLN170640.