Title
PLN180259 - DELFINO
Public hearing to consider the Lot Line Adjustment to reconfigure parcel boundaries between two legal lots of record; Parcel 1 (Assessor’s Parcel Number 187-521-016-000, 11.87 acres) and Parcel 2 (Assessor’s Parcel Number 187-512-019-000, 9.38 acres), resulting in Parcel A, (10.40 acres) and Parcel B (10.85 acres), respectively.
Project Location: The properties are located approximately 900-feet northeast of the intersection of Carmel Valley Road and Del Fino Place at the former Carmel Valley Airport, Carmel Valley Village area (Assessor’s Parcel Numbers 187-521-016-000 and 187-512-019-000), Carmel Valley Master Plan area.
Proposed CEQA Action: Categorical Exemption pursuant to §15305 of the CEQA Guidelines
Report
RECOMMENDATION:
Staff recommends the Planning Commission:
1. Find that the Lot Line Adjustment qualifies for a Categorical Exemption as a minor alteration in land use limitations pursuant to §15305 of the California Environmental Quality Act (CEQA) Guidelines, and there are no exceptions pursuant to §15300.2; and
2. Approve a Lot Line Adjustment to reconfigure parcel boundaries between two legal lots of record; Parcel 1 (Assessor’s Parcel Number 187-521-016-000, 11.87 acres) and Parcel 2, (Assessor’s Parcel Number 187-512-019-000, 9.38 acres), resulting in Parcel A, (10.40 acres) and Parcel B (10.85 acres), respectively.
The attached draft resolution includes findings and evidence for consideration (Exhibit A). RMA Planning Staff recommends approval subject to six (6) conditions of approval (Exhibit A).
PROJECT INFORMATION:
Agent: Pat Ward, Bestor Engineers, Inc.
Property Owner: PLN180259 Mary Delfino, TR.
APN: 187-521-016-000 (Parcel 1) and 187-512-019-000 (Parcel 2).
Parcel Size: 1.768 acres Parcel 1 (Assessor’s Parcel Number 11.87 acres) and Parcel 2, 9.38 acres).
Zoning: “LDR/1-D-S-RAZ” [Low Density Residential, 1 acre per unit with Design Control, Site Plan Review and Residential Allocation Zoning District overlays]
Plan Area: Carmel Valley Master Plan Area
SUMMARY
On September 14, 2018, Pat Ward (Bestor Engineers, Inc) submitted an application on behalf Mary Delfino, TR (Delfino LLA), for a Lot Line Adjustment (LLA) between two existing, undeveloped lots at the former Carmel Valley Airport in Carmel Valley Village. The LLA would reconfigure parcel boundaries between two legal lots of record. The two existing lots include Parcel 1 (Assessor’s Parcel Number 187-521-016-000) containing 11.87 acres and Parcel 2, (Assessor’s Parcel Number 187-512-019-000) containing 9.38 acres. The LLA would adjust the boundary between Parcels 1 and 2, resulting in a 10.40 acres (proposed parcel A) and 10.85 acres (proposed parcel B). The proposed Delfino LLA will not create any new lots, and the lot configuration conforms with County zoning and building requirements.
An Administrative Permit for the Delfino LLA was publicly noticed and scheduled for approval on Wednesday, February 6, 2019. On February 1, 2019, prior to the administrative decision, RMA staff received an email from Alexander Henson, Esq. requesting a public hearing on the Delfino LLA (Exhibit D) The RMA Chief of Planning set this matter for a public hearing before the Planning Commission (March 13, 2019 meeting). Concerns raised in the request for hearing have been considered and do not change the conclusions of staff that the Delfino LLA is consistent with Monterey County Code and the Subdivision Map Act. Specific concerns raised in the request for hearing are described and responded to in the discussion that follows.
DISCUSSION
An application was submitted for a Lot Line Adjustment between two legal lots of record. The properties are part of the former Carmel Valley Airport. Zoning for the property is Low Density Residential, 1 acre per dwelling unit with a Design Control, Site Plan Review and Residential Allocation Zoning District overlays “LDR/1-D-S-RAZ.” The properties are subject to the Carmel Valley Master Plan (CVMP). The CVMP limits subdivisions to creation of 190 units. Of the 190 units, 24 units are reserved for consideration on the Delfino property (the former Carmel Valley Airport site). The proposed Delfino LLA includes two of the six lots that comprise the Delfino property (two lots totaling 21.25 acres out of the 6 lot, 30 acre site). This project is exempt from subdivision map act requirements, will not create any new lots or units, and will not conflict with Policy CV-1.6 of the CVMP which reserves the 24 units for the property.
Pursuant to Title 19 of the Monterey County Subdivision Ordinance, an LLA may be approved provided: 1) that it is between two or more existing adjacent parcels, 2) a greater number of parcels are not created as a result of the approved LLA, and 3) the LLA conforms to Monterey County zoning and building ordinances.
The Delfino LLA consists of 2 parcels that are vacant, adjacent to each other, and with slopes less than 20%. The LLA application does not include physical improvements and will not affect the overall density of the vacant properties. The Delfino LLA does not include any new subdivision or creation of any new units. The two lots are located on 21.25 acres are relatively flat and the adjusted lot (s) boundaries will maintain this same total area.
The applicant desires to adjust the lot configuration from two “L” shaped lots to two square shaped lots. The square shaped lots are thought by the applicant to be a superior configuration for future sale, lease, and finance purposes. Any future subdivision or creation of new units on the lot would be subject separate review and approval. The Delfino LLA is limited to adjusting the configuration of the lot boundaries on the site.
Request for Public Hearing
During the noticing period for the administrative approval of the Lot Line Adjustment, Mr. Alexander Henson, Esq. requested a public hearing. In his letter requesting a hearing, Mr. Henson has asserted there are 3 matters of concern with the Delfino LLA application (italics, followed in response by RMA staff):
1. There was no notice posted on the property as of this date, February 1, 2019, and I received no notice through the mail. Anything going on at the old airstrip is of vital interest to the Carmel Valley Village community. The property should have been posted with notice of the consideration of the permit.
Public notices of the pending administrative decision were mailed to the owners of property within 300 feet of the sites on January 25, 2019 and an affidavit of posting was returned by the applicant certifying that notices were posted at three various locations at the project site entrance on Sunday January 27, 2019 (Exhibit E). None-the-less, a duly noticed hearing before the Planning Commission has been provided on this matter.
2. It is not desirable to create 10-acre homesites in the middle of the village. As witnessed by the recent home constructed across Ford Road from Tularcitos School, a huge home surrounded by a huge fence is not the way I would like to see the old airstrip developed.
No new lots are created by this Lot Line Adjustment and no new development is proposed; therefore, the project does not create new homesites in Carmel Valley. Two lots of approximately 10 acres exist without the LLA and two lots of approximately 10 acres will result.
3. The lot line adjustment does not recognize nor accommodate the extensive public right-of-ways acquired by prescription through adverse possession for over 5 years. There is a clearly defined trail across the property following the El Caminita Roadway. There is a clearly defined trail along the southern edge of the entire length of the property. While there have been recent postings on the property for compliance with Civil Code Section 1008, that was done only recently, long after prescriptive rights were required.
The claim of a prescriptive easement acorss the property is not within the County’s jurisdiction to adjudicate. It is a civil matter to be considered by a Court upon a filing of such claim. If a prescriptive easement is found to exist by a court, it would not preclude approval of this Lot Line Adjustment.
CEQA
The project, as a minor lot line adjustment, qualifies as a Class 5 Categorical Exemption pursuant to §15305 of the CEQA Guidelines, and there are no exceptions pursuant to §15300.2. The project involves the reconfiguration between two legal lots of record. The proposed Delfino LLA will not create any new lots, and the lot configuration conforms with County zoning and building requirements.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
ü RMA-Public Works
ü RMA-Environmental Services Monterey County Regional Fire Protection District
ü Environmental Health Bureau
On March 4, 2019, the Carmel Valley Land Use Advisory Committee (LUAC) reviewed the Delfino LLA project to make a recommendation to the Planning Commission. The Carmel Valley LUAC voted unanimously recommending approval of the Delfino LLA.
Prepared by: S. Ted Lopez, Associate Planner ext. 5198
Reviewed by: Craig Spencer, Interim RMA Planning Services Manager
Approved by: John M. Dugan, FAICP, Deputy Director of RMA Land Use and Community Development
The following attachments are on file with the Clerk of the Board:
Exhibit A - Draft Resolution including:
• Conditions of Approval
• LLA Map
Exhibit B - Vicinity Map
Exhibit C - Aerial Photo former Carmel Valley Airport including:
Exhibit D - Correspondence (02-04-2019) from Mr. Henson
Exhibit E - Affidavit of Posted Notice
cc: Front Counter Copy; Brandon Swanson, Interim RMA Chief of Planning; Craig Spencer, Interim , RMA Services Manager; S. Ted Lopez, Associate Planner; Pat Ward, Agent - Bestor Engineers; Mary Delfino, TR, Applicant; John Alexander, Realtor; Alan & Meg Giberson; Kathleen Hendricks; Alexander Henson; Joseph Hertlein; Dale MCCauley, Eric Sand; Candace Lutian; Sandy Schachter; Roberta Troxell; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Project File PLN180259.