Title
Public hearing to consider an appeal filed by Tracy Alford from the Planning Commission’s decision approving the application by Christopher and Sara Bardis for a Coastal Development Permit and Design Approval to construct driveway improvements, including construction of an approximate 12.5-foot-tall retaining wall (running 56 linear feet) and development on slopes exceeding 30 percent.
(Coastal Development Permit - PLN140715-AMD1/Bardis, 1525 Riata Road, Pebble Beach, Del Monte Forest Land Use Plan, APN: 008-341-026-000)
Proposed CEQA Action: Categorically exempt per Section 15304 of the CEQA Guidelines
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Deny the Appeal filed by Tracy Alford from the Planning Commission’s decision approving the application by Christopher & Sara Bardis for a Coastal Development Permit and Design Approval to construct driveway improvements, including construction of an approximate 12.5-foot-tall retaining wall (running 56 linear feet), for safety and to accommodate ADA and emergency vehicle access on slopes in excess of 30%; and
b. Find the project Categorically Exempt per Section 15304 of the CEQA guidelines; and
c. Approve a Coastal Development Permit and Design Approval to construct driveway improvements, including construction of an approximate 12.5-foot-tall retaining wall (running 56 linear feet), to accommodate ADA and emergency vehicle access on slopes in excess of 30%.
The attached resolution includes findings and evidence for consideration (Attachment A). Staff recommends that the Board adopt the attached resolution denying the appeal and approving the project subject to 6 conditions of approval.
PROJECT INFORMATION:
Planning File Number: PLN140715-AMD1
Owner: Chris & Sara Bardis
Agent: Lombardo and Associates
Plan Area: Del Monte Forest Land Use Plan
Zoning: LDR/1.5-D(CZ)
Flagged and Staked: No
SUMMARY:
On March 16, 2016, Christopher and Sara Bardis filed an application for a Coastal Development Permit and Design Approval to supplement a previously approved permit (ZA Resolution 13-020) that expanded an existing home and driveway. This application proposes to construct additional driveway improvements, including construction of an approximate 12.5-foot-tall retaining wall (running 56 linear feet), to accommodate American with Disabilities Act (ADA) and emergency vehicle access on slopes in excess of 30 percent. The project was deemed complete on March 21, 2017.
On April 26, 2017, the project was brought to public hearing before the Monterey County Planning Commission. Opposing arguments were presented on behalf of an uphill neighbor, Ms. Tracy Alford. However, the Planning Commission found the project consistent with the 1982 General Plan and Del Monte Forest Land Use Plan, as well as the requirements for development on slopes in excess of 30-percent and approved the Coastal Development Permit application (PC Resolution No. 17-010) with a 9-0 vote (1 member absent).
On May 12, 2017, Ms. Tracy Alford timely filed an appeal (Attachment C) requesting that the Board of Supervisors deny the Coastal Development Permit application (PC Resolution No. 17-010). The Appellant contends the findings and decision are not supported by the evidence, and the decision was contrary to law. Staff reads that the basis of this appeal is that cutting into the slope would not be necessary if the driveway were constructed as planned in the prior approval (ZA Resolution 13-020). As such, appellant contends that a required finding cannot be made that the proposed design better meets the goals and policies of the Land Use Plan since development of slopes over 30% can be avoided.
There were a series of subsequent actions that resulted in the current conditions where there is no longer adequate space to turn a vehicle around in the upper area. Appellant contends these actions were not done properly. Staff finds that no violation currently exists, and permits required for the changes were issued. Also, this project would not conflict with LCP policies for sensitive habitat, forest resources, cultural resources, or visual resources.
The applicant requests the project to afford better turning movement on the upper portion of the driveway. Staff supports the project to improve turning movement given the current site conditions. However, this portion of the driveway is not required for access or emergency access. As an alternative to cutting into the slope, the applicant could remove the improvements that have restricted maneuverability from the original design.
PROJECT DISCUSSION:
See ‘Attachment A’ for detailed discussion of the project and its components.
CEQA
California Environmental Quality Act (CEQA) Guidelines Section 15304, categorically exempts minor public and/or private alterations in the condition of land, water and/or vegetation which do not involve removal of healthy, mature, or scenic trees. The application involves a minor alteration to land in the form of minor grading (15 cubic yards) and does not involve the removal of healthy, mature, or scenic trees or other vegetation. There is no substantial evidence of unusual circumstances that distinguishes this project from others in the exempt class.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Ö RMA-Planning
Ö Pebble Beach Community Services Fire Protection District
Ö Del Monte Forest Land Use Advisory Committee (LUAC)
The project was referred to the Del Monte Forest Land Use Advisory Committee (LUAC) for review on April 20, 2017. Based on the LUAC Procedure guidelines adopted by the Monterey County Board of Supervisors, this application did warrant referral to the LUAC because the project includes a Design Approval which is under review before the Planning Commission and Board of Supervisors. The LUAC recommended approval of the project as proposed with a 5-0 vote (2 members absent).
FINANCING:
Funding for staff time associated with this project is included in the FY16-17/FY17-18 Adopted Budget for RMA-Planning.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action represents effective and timely response to our RMA customers. Processing this application in accordance with all applicable policies and regulations also provides the County accountability for proper management of our land resources.
Check the related Board of Supervisors Strategic Initiatives:
__ Economic Development
X Administration
__ Health & Human Services
__ Infrastructure
__ Public Safety
Prepared by: David J. R. Mack, AICP, Senior Planner ext. 5096
Craig Spencer, Senior Planner
Reviewed by: Brandon Swanson, RMA Planning Services Manager
Approved by: Carl P. Holm, AICP, RMA Director
The following attachments are on file with the Clerk of the Board:
Attachment A - Project Discussion.
Attachment B - Draft Resolution, including:
• Recommended Conditions of Approval
• Site Plan
Attachment C - Notice of Appeal, dated May 12, 2017.
Attachment D - Del Monte Forest LUAC Minutes, dated April 20, 2017.
cc: Front Counter Copy; Board of Supervisors; David J. R. Mack, AICP, Senior Planner; County Counsel (Wendy Strimling); California Coastal Commission; Brandon Swanson, RMA Services Manager; Chris & Sara Bardis, Applicant/Owner; Lombardo and Associates (Dale Ellis), Agent; Tracy Alford, Appellant; Fenton & Keller (John Bridges), Appellant’s agent; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Project File PLN140715-AMD1