MONTEREY COUNTY STANDARD SUBDIVISION COMMITTEE

Transcription

1 MONTEREY COUNTY STANDARD SUBDIVISION COMMITTEE Meeting: May 11, 2006 Agenda Item: 1 Project Description: Standard Subdivision Amendment of recorded Markham Ranch Subdivision Map to relocate building envelope and for the minor adjustment of scenic easements on undeveloped Lot 32. Project Location: Roland Canyon Rd., Salinas (Lot 32 of Markham Ranch Subdivision) APN: Planning Number: PLN Name: Evans, Leland B. Plan Area: Toro Area Flagged and Staked: Yes Zoning Designation: Rural Density Residential, Building Site Zoning District, Visually Sensitive District with a 20 foot building height limit (RDR/B-8-VS (20 )) CEQA Action: Negative Declaration Department: Resource Management Agency- Planning and Building Inspection RECOMMENDATION: Staff recommends that the Subdivision Committee adopt the Negative Declaration (Exhibit D); and recommend approval of this project to the Monterey County Planning Commission based on Findings and Evidence (Exhibit B) and subject to proposed conditions (Exhibit C). The Planning Commission will then make a recommendation to the Board of Supervisors for final action. PROJECT ISSUES: See Discussion in Exhibit A. COMMENTS RECEIVED: The County of Monterey received calls from concerned neighbors during the public review period of the Initial Study, March 27- April 25, 2006 and received a letter from the State Clearinghouse and Planning Unit dated April 26, 2006 (Exhibit E) informing that no state agencies submitted comments during the public review period. See the Discussion in Exhibit A. OTHER AGENCY INVOLVEMENT: Water Resources Agency Environmental Health Division Public Works Department Parks Department Salinas Rural Fire All of the above have either reviewed or provided consultation regarding this project. Conditions of approval have been incorporated (Exhibit C). Nadia Amador, Assistant Planner (831) amadorn@co.monterey.ca.us. April 28, 2006 Staff report reviewed by: Taven M. Kinison Brown, Senior Planner 1

2 Cc: Water Resources Agency; Environmental Health Division; Public Works, Parks Dept.; Salinas Rural Fire; Minor Subdivision Committee; Lynne Mounday; Carol Allen; Brian Finegan, Representative/Agent; Mr. and Mrs. Evans, Property Owners; Rich Hughett, Toro LUAC; Markham Ranch HOA; Herbert G Meyer, Concerned Neighbor; Daniel Massolo, Concerned Neighbor; File. Attachments: Exhibit A Discussion Exhibit B Findings and Evidence Exhibit C Recommended Conditions of Approval Exhibit D Negative Declaration/Initial Study Exhibit E Letter from State Clearinghouse dated April 26, 2006 Exhibit F Minutes of the Toro Land Use Advisory Committee agenda for January 23, 2006 Exhibit G Proposed Map Amendment (relocation of building envelope for Lot 32) Exhibit H Current Recorded Markham Ranch Map showing Lot 32 (Vol. 15 C&T Pg. 78, (page 4 of 8)) Exhibit I Vicinity Map 2

3 EXHIBIT A Discussion Project Summary The applicant is seeking an amendment to the recorded Markham Ranch Subdivision Map filed under Volume 15 of Cities and Towns Page 78. The proposed changes involve undeveloped Lot 32 by relocating the established building envelope approximately 250 feet to the north and adjusting the scenic easement on sections under 30 percent slopes on the east and northwest sides of the proposed building envelope. Lot 32 is a acre parcel with an established building envelope of approximately 28,451 square feet. Due to Mitigation Measure #5, Section Wildlife of the Final Markham Ranch EIR (EIR No ), Lot 32 is the only lot in the Markham Ranch Subdivision with an established building envelope. That mitigation measure provided in pertinent part: To protect the prairie falcon habitat the homesite on Lot 20 should be moved 300 feet west (Lot 32 was identified as Lot 20 on the tentative subdivision map. The lots on the subdivision were re-numbered for the purposes of the final map). The developer was then required to relocate the original site proposal 300 feet to the south to allow a larger setback between the home site and the prairie falcon habitat located at the cliff, north of Lot 32. The applicant is now trying to relocate to the original site and has provided a Falcon Survey, prepared by Joseph P. Sullivan, Ph.D. of Ardea Consulting. This survey concludes that the falcons are not currently nesting on the cliff north of Markham Ranch Lot 32. Therefore, no additional setback is required to prevent disturbance of falcons during the construction of a home on the original building site. The relocated building envelope, if approved, would be approximately 710 feet from the cliffs. The property is located at Roland Canyon Rd, Salinas (Assessor s Parcel Number ), within the Toro Area Plan. 3

4 Environmental Review An Initial Study for this project was prepared (Exhibit D) in order to determine if the proposed project could have a significant effect on the environment. The Initial Study focused on two components: Biological Resources and Aesthetics. The analysis concluded that the project could not have a significant effect on the environment and a Negative Declaration was prepared. A Notice of Completion was prepared and circulated to the State Clearinghouse, and a Notice of Intent (NOI) to Adopt a Negative Declaration was posted with the County Recorder. The NOI was distributed to surrounding property owners and land use review and referral agencies. Comments Received No state agencies, specifically the California Department of Fish and Game, submitted any comments to the County of Monterey Planning and Building Inspection Department during the draft Negative Declaration and Initial Study review period of March 27, 2006 to April 25, Concern for the project has been expressed from neighbors and the local Land Use Advisory Committee (Exhibit F), specifically on private view issues. See Analysis section. Analysis The current building envelope location was described as a very inappropriate location for a building by the original Markham Ranch Subdivision project planner. From staff s observations during the site visit of the property, staff concurs with that statement. The building site location is situated in an area that has approximately 27 oak trees ranging in sizes from 6 inches in diameter to 55 inches in diameter. In order to build a house on this location the removal of trees is inevitable. The topography of the area ranges between 16 percent slopes to 47 percent slopes within a horizontal distance of 120 feet. Furthermore, a natural swale is also located within the building envelope which may cause building issues as well. On the other hand, the proposed building envelope location has no trees and is situated in an area with an overall average of 18 to 20 percent slopes. The building envelope relocation and reconfiguration will decrease the size of the existing building envelope from 28,451 square feet to 25,517 square feet. A minor scenic easement revision on the east and northwest sides of the proposed building envelope is proposed on slopes of 30 percent and less. This scenic easement revision will facilitate the most appropriate driveway access to the new building envelope. The following table illustrates a summary of the project proposal in regards to building envelope sizes and oak tree impacts: SUMMARY EXISTING PROPOSED LOT 32 BUILDING 28,451 Sq. Ft. 25,517 Sq. Ft. ENVELOPE SIZE 6-23 OAK TREES 18 0 WITHIN BUILDING ENVELOPE OAK TREES 9 0 WITHIN BUILDING ENVELOPE Viewshed Concerns- While concern for the project has been expressed from neighbors and the local Land Use Advisory Committee, staff has referred to prior documents and approvals, specifically to the Certified Markham Ranch Subdivision Final EIR #80-109, Subdivision No. 739, and found no explicit controls or regulations protecting private viewsheds. Staff has found that the subject site is not visible from Highway 68, a State Designated Highway, Corral de Tierra Road, Robley Road or Calera Canyon Road. Therefore, no impact to these resources would result from approval of the project. Conclusion 4

5 The Initial Study focused on the biological resources and aesthetic environmental factors potentially affected by this project. While the building envelope would be moved closer to the palisades (formerly thought to be falcon habitat) and be more visible to several neighbors, the proposal would also minimize and/or eliminate tree removal that may be considered an enhancement of the visual character of this site and its surroundings. Staff must consider this a less than significant environmental impact for purposes of CEQA review. Staff has determined that based on the analysis and circulation of the Initial Study the proposed project could not have a significant effect on the environment and it is consistent with the County s land use policies and regulations (See Findings and Evidence in Exhibit B). 5

6 EXHIBIT B RECOMMENDED FINDINGS AND EVIDENCE 1. FINDING: CONSISTENCY - The Evans Standard Subdivision Amendment of recorded Markham Ranch Subdivision Map consisting of a building envelope relocation and minor adjustment of scenic easements (PLN050340) on Lot 32, as conditioned, is consistent with the policies, requirements, and standards of the Monterey County General Plan, the Toro Area Plan, the Monterey County Subdivision Ordinance (Title 19) and the Monterey County Zoning Ordinance (Title 21). The property is located at Roland Canyon Rd, Salinas (Assessor Parcel Number ). The subject property is zoned RDR/B-8-VS (20 ) or Rural Density Residential, Building Site Zoning District, Visually Sensitive District with a 20 foot height limit. The subject parcel is in compliance with all rules and regulations pertaining to zoning uses, subdivision and any other applicable provisions of Title 21 and 19. EVIDENCE: (a) The Planning and Building Inspection Staff has reviewed the project for consistency with: Monterey County General Plan Monterey County Subdivision Ordinance (Title 19) Monterey County Zoning Ordinance (Title 21) Toro Area Plan (b) Project planner conducted several on-site inspections to verify that the project on the subject parcel conforms to the plans listed above. (c) The project involves a legal lot of record filed under Volume 15 of Cities and Towns Page 78, Lot 32 of the Markham Ranch Subdivision. 2. FINDING: SITE SUITABILITY - The site is suitable for the use proposed. EVIDENCE: (a) The project has been reviewed for suitability by Planning and Building Inspection, Public Works, Environmental Health, Water Resources, Parks Department and Salinas Rural Fire. Conditions recommended have been incorporated. (b) Staff conducted several on-site inspections to verify that the site is suitable for the proposed development. (c) Currently, with the existing building envelope configuration on Lot 32 (APN ) approximately 27 oak trees ranging in size between 6 inches in diameter to 55 inches in diameter. In order to build a house on this location, the removal of trees in inevitable since they are clustered throughout the envelope. The proposed building envelope will be situated in an area where no trees exist. Therefore, the proposed building envelope will have minimal to no tree impacts. (d) The topography of the proposed building envelope has an average of percent slopes across the entire building envelope. The current building envelope is situated in an area that has an incline of 16 to 47 percent slopes within a distance of 120 feet. The proposed building envelope would be the ideal building area since the slopes are leveled and gradual. (e) The current building envelope on Lot 32 has a natural swale which may cause building issues. The proposed building envelope does not have this situation. (f) The applicant has submitted a Falcon Survey dated August 15, 2005 prepared by Joseph P. Sullivan, Ph.D., Certified Wildlife Biologist. This report concludes that falcons are not currently nesting on the cliff north of Markham Ranch Lot 32. 6

7 Building Therefore no additional setback is required to prevent disturbance of falcons during the construction of a home on the original building site. The proposed building envelope will be located approximately 710 feet from the cliffs. (g) The scenic easement amendment is proposed on slopes of less than 30 percent on the east and northwest sides of the proposed building envelope. (h) As part of Monterey County Planning and Building Inspection Department s permit process, staff prepared an Initial Study pursuant to CEQA. The Initial Study was circulated to state and other applicable agencies for review and comments. No state agencies, specifically the California Department of Fish and Game, submitted any comments to the County of Monterey Planning and Inspection Department, indicating that the site is not suitable. 3. FINDING: ORIGINAL APPROVAL OF THE MARKHAM RANCH SUBDIVISION- An Environmental Impact Report (EIR) was completed for the Markham Ranch Subdivision in November of 1982 and certified by the Monterey County Board of Supervisors on December 7, The EIR addressed the major issues at the time of the subdivision was proposed, including vegetation, wildlife and aesthetic considerations. EVIDENCE: Materials in file: EIR No for Markham Ranch Subdivision No FINDING: CEQA - The proposed project, including all permits and approvals, will not have significant adverse impacts on the environment. A Negative Declaration has been prepared and is on file (File # PLN050340) in the Department of Planning and Building Inspection. Potential environmental effects have been studied, and there is no substantial evidence in the record, as a whole, that supports a fair argument that the project, as designed, may have a significant effect on the environment. The Negative Declaration reflects the independent judgment and analysis of the County based upon the findings and conclusions drawn in the Initial Study and the testimony and information received, and scientific and factual data presented as evidence during the public review process. The Monterey County Planning and Building Inspection Department, located at 168 West Alisal Street, 2 nd Floor, Salinas, California is the custodian of the documents and the materials that constitute the record of proceedings upon which the adoption of the Negative Declaration is based. EVIDENCE: (a) As part of Monterey County Planning and Building Inspection Department s permit process, staff prepared an Initial Study pursuant to CEQA. The proposed project will not have significant adverse impacts on the environment. A Negative Declaration has been prepared and is on file (File No. PLN050340) in the Department of Planning and Building Inspection Department. The Negative Declaration reflects the independent judgment and analysis of the County based upon the findings and conclusions drawn from the Initial Study and the testimony and information received, and scientific and factual data presented as evidence during the public review process. (b) The Initial Study focused on two components: Biological Resources and Aesthetics. The analysis concluded that the project could not have a significant effect on the environment and a Negative Declaration was prepared. No state agencies, specifically the California Department of Fish and Game, submitted any comments to the County of Monterey Planning and Building Inspection Department during the draft Negative Declaration and Initial Study review 7

8 period of March 27, 2006 to April 25, Among the studies, data, and reports analyzed as part of the environmental determination are the following: a) Project Application and Subdivision Map Amendment Plans prepared by Whitson Engineers on August 15, 2005 (PLN050340). b) Markham Ranch Falcon Survey dated August 15, 2005 prepared by Joseph P. Sullivan, Ph.D. of Andrea Consulting in consultation with biologist for the California Department of Fish and Game and from the Predatory Bird Research Group from the University of California at Santa Cruz. c) Certified Markham Ranch Subdivision Final EIR #80-109, Subdivision No. 739 prepared by Larry Seeman Associates dated November 1982 and Certified as Final EIR by Monterey County BOS on December 7, d) Toro Area Plan, A Part of the Monterey County General Plan. Revised February e) Monterey County Zoning Ordinanc Title 21, (Inland) dated October 11, f) Monterey County General Plan. Adopted Monterey County Board of Supervisors September 30, 1982 and amended to January 6, g) Inter-Departmental Comments and Conditions, dated September 5, 2005 thru September 19, 2005 h) Minutes of the Toro Land Use Advisory Committee agenda for January 23, i) Site Visits by Project Planner, Nadia Amador on August 23, 2005, October 5, 2005, and February 3, j) Markham Ranch Subdivision Map, recorded on January 29, Volume 15 Cities and Towns page 78. k) Monterey County County Code Title 19, Subdivision Ordinance. December FINDING: SUBDIVISION ORDINANCE (TITLE 19)- MODIFICATIONS OF CONDITIONS, REVISED TENTATIVE MAPS AND CORRECTION OF AN AMENDMENT TO RECORDED FINAL OR PARCEL MAPS (CHAPTER 19.08)- After a Final Map or Parcel Map is filed in the Office of the County Recorder, it may be amended by a certificate of correction or an amending map. EVIDENCE: (a) The applicant has requested to amend the Markham Ranch Subdivision Map filed under Volume 15 of Cities and Towns Page 78 to relocate the building envelope for Lot No. 32 and for minor scenic easement modification on the east and northwest sides of the proposed building envelope. (b) Currently, with the existing building envelope configuration on Lot 32 (APN ) approximately 27 oak trees ranging in size between 6 inches in diameter to 55 inches in diameter. In order to build a house on this location, the removal of trees in inevitable since they are clustered throughout the envelope. The proposed building envelope will be situated in an area where no trees exist. Therefore, the proposed building envelope will have minimal to no tree impacts. (c) The topography of the proposed building envelope has an average of percent slopes across the entire building envelope. The current building envelope is situated in an area that has an incline of 16 to 47 percent slopes within a 8

9 distance of 120 feet. The proposed building envelope would be the ideal building area since the slopes are leveled and gradual. (d) The applicant has submitted a Falcon Survey dated August 15, 2005 prepared by Joseph P. Sullivan, Ph.D., Certified Wildlife Biologist. This report concludes that falcons are not currently nesting on the cliff north of Markham Ranch Lot 32. Therefore no additional setback is required to prevent disturbance of falcons during the construction of a home on the original building site. The proposed building envelope will be located approximately 710 feet from the cliffs. (e) The scenic easement amendment is proposed on slopes of less than 30 percent on the east and northwest sides of the proposed building envelope. (f) The resulting building envelope boundary would be reduced from 28,451 square feet to 25,517 square feet. (g) By evidence of the applicant s request for the map amendment, the property owner consents that no additional burden on the present fee owner will result from approval of the map amendment (adjusted building envelope and scenic easement). (h) Approval of the proposed amendment (adjusted building envelope and scenic easement) will not, alter any rights, title or interest in the real property reflected on the recorded map, of neighboring property owners as no changes or adjustments to other parcels are being considered or made. All rights or interests in adjacent single family properties will be unaffected by the proposed amendment. 6. FINDING: SUBDIVISION ORDINANCE (TITLE 19)- That none of the findings found in Section I of the Subdivision Ordinance can be made. EVIDENCE: Section I requires that the subdivision be denied if any one of the findings are made. Planning staff has analyzed the project against the findings for denial outlined in this section. The map and its design and improvements are consistent with the County General Plan and the applicable Area Plan. No specific plan has been prepared for this area. The site has been determined to be physically suitable for the type and density of development. The design and improvements are not likely to cause substantial environmental damage, substantially and avoidably injure fish or wildlife or their habitat, or cause serious public health problems. The design and improvements will not conflict with easements for access through or use of property within the proposed subdivision. Planning staff reviewed the Title Report and applicable recorded documents to identify all easements and ensure that the project does not conflict with existing easements. 7. FINDING: HEALTH AND SAFETY - The establishment, maintenance or operation of the project applied for will, under the circumstances of this particular case, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. EVIDENCE: Preceding findings and supporting evidence. 9

10 8. FINDING: NO VIOLATIONS - The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision and any other applicable provisions of the County s zoning ordinance. No violations exist on the property. Zoning violation abatement cost, if any, have been paid. EVIDENCE: Staff reviewed Monterey County Planning and Building Inspection Department records and is not aware of any violations existing on subject property. 9. FINDING: APPEALABILITY - The decision on this project is appealable to the Board of Supervisors. EVIDENCE: (a) Monterey County Subdivision Ordinance Title 19, Chapter (Appeals). 10