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Section 1,2 Findings and Declarations


Section 3
Purpose and Intent

Section 4
Del Monte Forest Area Land Use Plan

 

Section 5
Monterey County Coastal Implementation Plan Amendments

Section 6
Zoning Map Amendments


Section 7
Monterey County Housing Element Amendments


Section 8
Informational Exhibits


Section 9
Implementation


Section 10
Construction of Initiative


Section 11
Amendments


DEL MONTE FOREST PLAN:

FOREST PRESERVATION AND DEVELOPMENT LIMITATIONS

THE PEOPLE OF THE COUNTY OF MONTEREY ORDAIN AS FOLLOWS:

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Section 1. TITLE

This measure shall be known as the Del Monte Forest Plan:

Forest Preservation and Development Limitations.

Section 2 FINDINGS AND DECLARATIONS

The people of the County of Monterey hereby find and declare the following:

a. Habitat for Monterey pine trees in Monterey County is diminishing and steps need to be taken to preserve additional natural stands of Monterey pine.

b. Areas of the Del Monte Forest, including the Pescadero Canyon area, provide critical habitat for the preservation of the Monterey pine.

c. The people of Monterey County desire a significant reduction in the amount of future residential development permitted in the Del Monte Forest area to reduce the impacts on Monterey pine habitat and a significant increase in open space to assist in the preservation of the Monterey pine.

d. Any future visitor-serving development should occur adjacent to existing visitor-serving or recreational facilities.

e. Any future development in the Del Monte Forest area must be consistent with the protection currently provided by the California Coastal Act.

f. Any future development in the Del Monte Forest area must be subject to full and complete environmental review as well as public participation through the holding of public hearings.

 

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Section 3 PURPOSE AND INTENT

The people of the County of Monterey hereby declare their purpose and intent in enacting the Initiative to be as follows:

a. To preserve additional Monterey pine trees and related habitat in the Del Monte Forest area of Monterey County.

b. To significantly reduce future residential development and increase open space in the Del Monte Forest area.

c. To encourage future visitor-serving development adjacent to existing visitor-serving or recreational facilities in the Del Monte Forest area.

d. To require that any future development in the Del Monte Forest area be consistent with the protections currently provided by the California Coastal act.

e. To require that any future development in the Del Monte Forest area be subject to full and complete environmental review and include public participation through the holding of public hearings.

 

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Section 4 DEL MONTE FOREST AREA LAND USE PLAN

AMENDMENTS (Amendments are indicated by strikeout and underlining.)

The Del Monte Forest Area Land Use Plan is amended as follows:

(a) Policy 78a of Chapter 3 (Land Use and Development Element) is amended to read as follows:

Policies Specific to Maintaining Environmental Quality

73. The OSAC Plan and the Site Specific Shoreline Public Access Design Criteria shall be the principal mechanism for implementing environmental quality aspects of this LUP in open space areas.

74. Environmentally sensitive habitat areas will remain undeveloped except for parking or similar access facilities. Access improvements shall be developed consistent with the site specific recommendations of the LUP Access Maps (Appendix B.)

75. Within their indigenous range, Monterey cypress trees shall be protected to the maximum extent possible. This shall be accomplished by design review during the development review process.

76. Prior to approval of any proposed development on the Hill property at Pescadero Point, further archaeological review shall be required and mitigation measures adequate to protect the sites archeological resource shall be developed and implemented.

77. Detached or attached guest rooms are not to be equipped for permanent living and are not considered residence. The may be permitted at the maximum rate of one (either attached or detached) per parcel or one (either attached or detached) for each principal residence providing the constraints of the parcel and other plan policies permit. Furthermore, detached guest rooms shall be located in close proximity to the principal residence, share the same utilities except where prohibited by public health or water management district requirements, contain no kitchen or cooking facilities, and be limited to 425 square feet. Conditions shall be implemented by CC&Rs or other legal restrictions, including revocation provision for non-conformance. Subdivisions shall not be permitted to divide a principle residence from a guest room.

78. Studios and other small non-residential and non-commercial accessory structures such as tool sheds, workshops, or barns may be permitted on any size parcel provided the constraints of the parcel and other plan policies permit. None of three units shall every be used for habitation purposes.

78a. Encourage the use of caretakers accommodations as an appropriate means of providing affordable housing for caretakers, ranch hands convalescent help, and domestic employees. Applicants for detached caretaker residences shall demonstrate the need for the unit as part of the development review process. Detached caretakers residences shall not exceed 850 square feet in size. Subdivisions shall not be permitted to divide a principle residence from a caretakers residence. Only one caretaker unit shall be allowed on the parcel.

Additional employee housing is permitted for priority uses (e.g. visitor-serving commercial) in one dormitory/bunkhouse or in temporary structures (i.e., former mobile homes) consistent with all other plan policies.

(b) Policy 82 and 87 of Chapter 3 are amended to read as follows:

Policy specific to Orderly Development Balanced with Resource Conservation

79. Recreation in environmentally sensitive habitat areas such as residual dunes, wetlands, and areas with rare or endangered plants or animals shall be limited to passive, low-intensify recreation use dependent on and compatible with the sensitive resources. Conformance with the appropriate Site Specific Public Access Design Criteria and OSAC maintenance standards shall the test of consistency with this policy, where appropriate.

80. Shoreline areas suitable for scenic outdoor recreation, such as from Cypress Point to Point Joe, are intended for day use only, with improvements limited to trails, picnic areas, parking areas, and restroom facilities.. 81. Public access plans for the Spanish Bay planning area should be coordinated with plans of the State Department of Parks and Recreation for adjoining Asilomar State Beach to ensure compatibility and a balance of public access opportunities.

82. Area B shall be the last area to be developed in Spanish Bay. The southwest portion of Spanish bay Area B shall be allowed a minimum of 42 units. The north east portion shall be allowed 21 units, a total of 63 units in Area B . Area B many be used for up to 12 units of employee housing .

83. Clustering of uses shall be encouraged wherever practical as a means of preserving Forest values.

84. New development fronting 17-Mile Drive shall maintain an adequate natural buffer. A minimum setback of 100 feet from the centerline of the road shall be maintained to screen new development from motorists, unless otherwise protected by terrain. In the case of Area B, the setback shall be 200 feet from the centerline of 17-Mile Drive. For existing legal lots of record fronting 17-Mile Drive, a minimum setback of 15-20 feet from the front lot line shall be required consistent with that presently required throughout Del Monte Forest. Direct driveway access to 17-Mile Drive should be avoided where possible.

85. New subdivisions shall provide and maintain an adequate natural buffer to protect the forested corridor throughout Del Monte Forest and to screen new development. Accordingly, a minimum setback of 50 feet from the front lot line shall be required in all new subdivisions.

86. Golf course development may be permissible in areas shown for residential development. If golf course development is proposed and approved in any of these areas, it shall result in a reduction in the number of dwelling units permitted by this plan for the area in proportion to the number of acres devoted to the golf course use. For example, a 50 acre golf course in an area shown for residential use at a density of two unites per acre will result in a reduction of 100 dwelling units in that area.

87. New commercial development may be permitted when integrated with the resort hotels, the community hospital or the neighborhood commercial center on the Huckleberry Hill quarry site.

(c) The Land Use Designations section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

LAND USE DESIGNATIONS

The basic categories of land use designation in the Del Monte Forest are: 1) residential, 2) commercial, and 3) open space.

These use categories are fully described in the following discussion. Figure 3 shows the planning area framework within which these uses are subsequently discussed. Figure 4 and 4A show environmental considerations which were primary considerations affecting the location of new development. Figure 4A presents a detailed legend for Figures 6, 7, 8, 9, 10, 11, 12 and 13. Figure 5, attached hereto and incorporated herein by reference , shows the Del Monte Forest Area Land Use Plan - 1984 as amended . Figure 5A presents a detailed legend for Figures 6A, 7A, 8A, 9A, 10A, 11A, 12A and 13A . 5.

(d) The Commercial subsection of the Land Use Designations section of Chapter 3 (land Use and Development Element) is amended to read as follows:

Commercial

Three classes of commercial uses are indicated. They include: 1) Visitor-Service Commercial, 2) General commercial, and 3) Institutional. They are described as follows:

1) Visitor-Service Commercial - This category allows for the uses providing basic support services and visitor needs associated with coastal recreation and travel. Major hotel or inn accommodations and support commercial facilities are principal uses. Residential uses consistent with LUP Land Use Maps and intensities may be permitted as secondary uses under this category at the density specified. The three four areas in this category are the existing lodge and environs of Pebble Beach, the proposed Spanish Bay resort, and the visitor-serving facilities at the proposed NCGA Golf Course , and no more than 24 future golf suites to be located in Areas M and N.

(2) General Commercial - This category provides for commercial-use areas to support community needs; it includes the hospital, and the rock quarry at Sunridge and Lopes Roads, where reclamation for reuse is planned. Future uses will be required to be compatible with the general retailing and community service character of this designation, as well as community services and storage facilities.

3) Institutional - This designation is applied to a variety of uses, including the community hospital, Robert Louis Stevenson School, firehouses, and a utility substation.

(e) Figure 5 entitled Land Use Plan in Chapter 3 (land Use and Development Element) is hereby amended as shown in Exhibit 1 which is incorporated herein by reference.

(f) The introduction subsection of the Land Use by Planning Area section of Chapter 3 (Land Use and Development element) is amended to read as follows:

LAND USE BY PLANNING AREA

The Land Use Element is described for each of the planning areas. This provides for easier understanding of the uses and the rationale for each use within each planning area. The format for describing each planning area includes: a description of the location, size, and extent of existing land use; a summary of relevant environmental considerations; a summary of relevant environmental considerations; a summary of public service availability and limitations; and a description of the land uses planned for remaining available property. A map is included for each planning area summarizing the discussion. Table A provides a statistical summary of acreages and planned new uses.

The number of residential and visitor-serving units shown on Table A and the The densities shown on Figure 5 and on the following land use plan maps for the various planning areas are maximum figures. The exact density is are contingent upon natural resource constraints present and availability of public services as determined through project review.

(g) Table A of Chapter 3 (Land Use and Development Element) is hereby repealed.

(h) The New Land Use subsection of the Spanish Bay (Area 1) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Use (See Figure 6A 5)

A combination of recreation and visitor-serving land uses along with open space and residential uses is planned for Spanish Bay. Currently , a proposed 270 room resort hotel is would be located seaward of 17-Mile Drive at the former sand mining site. It is expected that the The hotel complex will includes retail restaurants, tennis courts, swimming pools, 80 residential units (area A), and parking facilities with direct access to 17-Mile Drive . One hundred nineteen (119) low and medium density residential units are planned east of 17-Mile Drive in areas B and C. A maximum of 100 residential units is permitted for the Spanish Bay area. However this number may be reduced if the northerly B area is acquired for open space use .

An 18-hole golf course is planned located at Spanish Bay; the areas along the shoreline encompassing the remaining native dune habitat are shown as shoreline and open-space land uses. The golf course will< includes rehabilitated reparian and wetland habitat as water hazards and will involves the enhancement of reparian areas as well as rehabilitation of due landforms and plant associations originally found in the now mined-out area as part of the links-land golf course design. Sand necessary for dune landform rehabilitation will be obtained onsite if possible, but may be obtained from other sand pits or at locations designated on the Land Use Plan if insufficient quantities are available on site. When completed there will be 100.86 approximately 235 acres in open space.

A driving range, golf teaching center and parking are expected to be constructed in Area C to complement the existing Spanish Bay Golf Course. Employee housing may be proposed in Area B.

(i) Figure 6A of Chapter 3 (Land Use Development Element) is hereby repealed.

(j) The New Land Uses subsection of the Spyglass Cypress (Area 2) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Uses (See Figure 7A 5)

Continuity of t The existing pattern of low-density residential development and open space is generally reflected in the land use plan. New recreational and visitor-serving uses may be located in appropriately zoned areas . Residential uses will be allowed to infill The Spyglass Woods Drive area. the remnant sand dune habitat areas near Seal Rock Creek and behind Fan Shell Beach are to be protected in open space for their habitat and scenic resource values. The permitted additional dwellings, therefore, would be concentrated away from the protected area; for example, within the former sand mine reclamation area or within the forested area east of the remnant dunes. a total of 240 additional units is allowed in this planning area in areas J, K, M, N, and O. When build out completed , there will be approximately 246 acres in of preserved forest, and shoreline, and recreational open space areas .

(k) Figure 7A of Chapter 3 (Land Use and Development Element) is hereby repealed.

(l) The New Land Uses subsection of the Middle Fork (Area 3) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Uses (See Figure 8A 5 )

A golf course and 131 additional residential dwelling units Open space and 11 lots for residential dwellings in Area 1 are the principal proposed land uses in this planning area (areas H 48, area I 83 ). Low density residential clusters are shown in the Spruance Road and Forest Lake Road vicinities as well as fronting the golf course .

(m) Figure 8A of Chapter 3 (Land Use and Development Element) is hereby repealed.

(n) The New Land Use subsection of the Pescadero (Area 4) section o chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Uses (See Figure 9A 5 )

The majority of this area is planned to be preserved as forest and upland open space habitat, reflecting environmental constraints of slopes, soil erosion hazard, and plant and wildlife habitats. Residential development clusters are shown on the more level terraces, with 215 20 additional residential dwellings planned on land in Area Y. In addition, there will be 7 lots located on approximately 15 acres, and approximately 230 acres preserved in open space (areas P, Q, and R, S, and Y)

(o) Figure 9A of Chapter 3 (land Use and Development element) is hereby repealed.

(p) The Environmental Considerations subsection of the Huckleberry Hill (Area 5) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

Environmental Considerations (Figure 10)

Much of the west-facing hillside within the Huckleberry Hill planning area has slopes over 30%. Soil on the steeper slopes is generally shallow with rapid runoff potential. Retention of the native trees and ground cover will minimize the erosion and runoff hazards on steeper slopes.

Elimination of residential units in Area G will result in preservation of approximately 965 acres of contiguous open space forest between the Gowen Cypress, Huckleberry Hill, Middle Fork and Pescadero Canyon areas .

Rehabilitation of the operating granite quarry (as well as another small abandoned quarry) should be accomplished in conjunction with ultimate reuse of the property. The face of the stockpiled overburden is subject to erosion into the bronchi of Sawmill Gulch which traverses the S.F.B Morse Botanical Reserve. Ultimately, revegetation of the mine face with Monterey pine forest and other indigenous plants will assist in blending the mine site into the surrounding pine forest environment.

(q) The New Land Uses subsection of the Huckleberry Hill (Area 5) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Uses (See Figure 10A 5)

The undeveloped area west of Los Altos Drive is shown primarily as open space for protection of the forest cover on the steep slopes, with one area of residential use shown on more gently sloping knolls. This residential area is suitable for concentration of development. Seventy-eight additional dwelling units are permitted near Ronda Road (Area G). The quarry requires rehabilitation. Limited neighborhood commercial uses may be permitted in the quarry site and the total acreage devoted to such uses shall be limited to 10 acres. A corporation yard, recreation vehicle storage facilities, and potable or sub-potable water storage may be permitted at the quarry site. The commercial land use designation allows maximum planning flexibility and could permit this site to become a transfer point for transit connections between normal bus service and intra-Forest transit.

(r) Figure 10A of Chapter 3 (Land Use and Development Element) is hereby repealed.

(s) The New Land Uses subsection of the Gowen Cypress (Area 6) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Use (See Figure 11A 5 )

The land use designations for this planning area reflect the natural and scenic values of the Gowen Cypress habitat. Most of the area will remain in open space in order to protect the environmentally sensitive Gowen Cypress-Bishop pine habitat, riparian habitat and the Sawmill Creek watershed. A total of 86 additional residential dwellings 16 residential dwellings is planned in the Gowen Cypress area in area F. Existing mined out areas not used for residential development can be used for public works purposes and an equestrian center . In addition to residential development, a golf course is planned for the westerly portion of the planning area . Applicable OSAC Plan maintenance standards prescribe specific conditions for open space maintenance and limitations on development within future residential development areas as well as the maximum extent of the S.F.B. Morse Botanical Reserve.

(t) Figure 11A of Chapter 3 (Land Use and Development Element) is hereby repealed.

(u) The New Land Use subsection of the Pebble Beach (Area 7) section of Chapter 3 (Land Use and Development Element) is amended to read as follows:

New Land Uses (See Figure 12A5)

The entire Pebble Beach planning area, except for the townhouse area near The Lodge, will continue its low-density residential designation. A General Development Plan has been approved by the County for the Lodge and Associated Commercial Area.

This Plan reflects the visitor-serving facilities at The Lodge (maximum of 161 inn units per General development Plan) and associated commercial area (Maximum 25% site coverage per Planning commercial zoning) along with the recreational uses of the golf courses , and beach and tennis club , and equestrian center . For Open space recreation uses are planned for portions of the remaining undeveloped areas in Pebble Beach , . low density residential development is shown north of the equestrian center, while medium density is allowed adjacent to The Lodge townhouses and the Peter Hay Golf Course, 108 additional residential units are planned for these areas (areas U,V,W, and X). Twenty three additional residential units are planned for area X.

The area between Cypress Point and Pescadero Point and seaward of 17-Mile Drive is shown of low-density residential use at 1 unit per 2 acres. Although subdivided, this coastal strip contains some parcels which may be difficult to develop due to the presence of Monterey cypress specimens, a high water table, and rock outcrops.

(v) Figure 12A of Chapter 3 (Land Use and Development Element) is repealed.

(w) The Planned Circulation Improvements subsection of the circulation of Chapter 4 (Land Use Support Elements) is amended to read as follows:

Planned Circulation Improvements

In developing circulation improvements for the Forest, it has been assumed that the road system will continue to be privately owned and managed. Precise road locations will be engineered for safety, convenience, and minimal environmental damage from grading and tree removal, to be insured through the Countys environmental review and permit process.

One important change to the existing visitor access along 17Mile Drive will occur in the Spanish Bay planning area where existing Spanish Bay Drive will be terminated 2,000 north of its existing intersection with 17-Mile Drive near Point Joe. In its place, 80 additional visitor parking spaces will be provided (as well as a foot train along the shoreline connecting with Asilomar State Beach). Additional parking will be provided in a portion of area C to accommodate visitor-serving facilities in Spanish Bay. Traffic now using Spanish Bay Drive will be rerouted along a relocated Spanish Bay Road skirting the south side of the Spanish Bay Planning area.

A second change planned for the visitor circulation system is the rerouting of 17-Mile drive through the Country Club planning area via Lopez to Congress and thence to the Spanish Bay planning area. this is intended to reduce congestion and visitor/resident traffic conflicts at busy intersections along this segment of the scenic drive and to reroute the drive out of primarily residential areas.

Additional visitor access improvements are proposed south of Point Joe along 17-Mile Drive where parking areas will be reorganized and access improved. All of these roadway and parking improvements for visitors are consistent with Site Specific Shoreline Public Access Design Criteria developed for these shoreline areas and will be implemented in a phased manner consistent with the timing shown in Appendix B of this Land Use Plan

(x) Policy 113 of Chapter 4 (Land Use Support Elements) is amended as follows:

Policies:

109. The County shall reserve an adequate volume from its Cal-Am water allotment to supply the proposed Spanish Bay hotel complex, condominiums, and golf facilities and the NCGA golf course facility. Non-priority residential subdivisions shall not be approved until water is assured for these coastal-priority, visitor-service facilities.

110. If reclaimed wastewater becomes available to the Del Monte Forest Area, it shall be used on golf courses in order to conserve and make available additional potable water for domestic use.

111. In reviewing development applications, the Monterey Peninsula Water Management District will be consulted to determine that water connections are available.

112. The County shall reserve water from its allotment for present lot owners. Water not set aside for coastal priority uses or existing legal lots of record may be used as the source for new subdivisions.

113. The developments listed in Table B as first priority developments shall have first priority for the use of available water and sewer capacity. Both water from the Countys current allotment of unused water from California-American Water Company (as allotted by the Monterey Peninsula Water Management Agency), and sewage treatment plan capacity as provided by the Carmel Sanitary District have been reserved for such development.

All other development in Del Monte Forest area shall be shown on the Land Use Map with an Open Space/Resource Constraint overlay category over the designated land use because sewage capacity is currently unavailable for new development. The Resource Constraint Area designation Shown on Figure 5 shall be removed only when water and sewer capacity sufficient to serve such development becomes available and that highway capacity sufficient to serve such development becomes available and that highway capacity and circulation solutions have been agreed upon and adopted. Until such time that resource problems are solved, there shall be no development other that existing lots of record. The County shall cease issuing coastal development permits for developments which would generate wastewater when the appropriate] treatment and disposal facilities reach a capacity threshold or when Pebble Beach Sanitary District will not approve a connection.

114. New development shall employ water conservation techniques t the greatest possible extent. This shall include, among other things, use of water-saving fixtures, retaining native plants, and installing drought-tolerant landscaping.

115. Wastewater reclamation projects are permitted and will be supported providing that they meet all the standards of the Chief of Environmental Health, Monterey County, the Regional Water Quality Control Board, and mitigation measure requirements of the California Environmental Quality Act.

(y) Policy 116 of Chapter 4 (Land Use Support Element) is amended to read as follows:

Policies

116. The housing goal of the Del Monte Forest Area, as with the rest of the County, is to ensure the availability of adequate housing, at affordable prices, to persons of a broad range of economic means. Portions of planning areas Spanish Bay B Spyglass M and Huckleberry C may accommodate employee housing for senior citizens at the permitted some density.

117. The County shall protect existing affordable housing opportunities in the Del Monte Forest area from loss due to deterioration and demolition or conversion. This will be attained by:

Discouraging demolition and requirement replacement on a one-for-one basis of all demolished or converted units which were affordable to or occupied by low and moderate income persons. Replacement housing will meet affordability criteria as established in the County General Plan and will be retained as low and moderate income units through deed restrictions or other enforceable mechanisms.

Promote housing improvement and rehabilitation programs for low and moderate income persons in both owner-occupied and renter-occupied units.

118. The County shall encourage the expansion of housing opportunities for low and moderate income households, consistent with the countywide provisions of the County Housing Element. The County shall:

Require all new residential subdivisions to contribute to the provision of low and moderate income housing in conformance with the Countys Inclusionary Ordinance and Housing Element. Exceptions may be made for hardship cases.

119. Time-share projects, time-share estates, and other time-share uses as defined in Section 11003.5 of the Business and Profession Code shall be prohibited in existing residential developments in the area covered by this plan.

New projects planned and designed for time-share use as defined above may be allowed in the plan area. Any such development will be subject to a Use Permit or similar permit, requiring a public hearing and discretionary approval by the Planning Commission or other appropriate decision making body. Inherent in the consideration of such proposals is the plan for the over-all design, management, and maintenance of such facilities as well as the other applicable policies of this plan.

(z) Figure 15 entitled recreational Facilities in Chapter 5 (Public Access) is hereby amended as reflected in Exhibit 2 which is attached hereto and incorporated by reference.

(aa) A new section is added to Chapter 6 (Implementation and Administration) following the section entitled Water Allocation in Del Monte Forest to read as follows:

Resource Constraint Compliance

As reflected in Figure 5 as amended and in the map entitled Section 10 of the Zoning Plan of the County of Monterey, and Section 16 of the Zoning Plan of the County of Monterey, each as amended, the resource Constraints Overlay has been removed from certain lands in consideration of the following circumstances:

The Resource Constraint Overlay arises from Policy 113 of the Del Monte Forest Area Land Use Plan (DMF LUP). Policy 113 states that the Resource Constraint Area designation shall be removed only when water and sewer capacity sufficient to serve such development becomes available and that highway capacity and circulation solutions have been agreed upon and adopted. At the time of adoption of the 1984 DMF LUP, there was insufficient sewer and water service capacity to serve all of the development allowed in the DMF LUP, and the DMF LUP itself (Policy 99) called for a study and program to define and implement traffic improvements.

These were the only constraints on which the Resource Constraint Area designation was based. Since that time, all of these constrains have been addressed and eliminated with respect to the following properties: Spanish Bay B and C, Gowen Cypress area F, Huckleberry Hill area G, Middle Fork areas H and I, Spyglass Cypress areas J, K, L, M, N and O, Pebble Beach areas U and V, and Pescadero areas P, Q and R (hereinafter Properties). The constraints have been removed as follows:

Sever. At the time of adoption of the DMF LUP, the Carmel Sanitary District (now Carmel Area Wastewater District or CAWD) swage treatment plant had an authorized capacity of 2.4 million gallons per day (MPD). One third of the CAWD Treatment Plant capacity (800,000 MGD at the time) is owned by the Pebble beach Community Services District (PBCSD), which is responsible for sewage collection in Del Monte Forest. Based on the then-existing flows, the remaining PBCSD capacity at the CAWD Plant was insufficient to serve all of the development planned for Del Monte Forest.

Subsequent improvements to the CAWD treatment plant have raised its authorized capacity to 3.0 MGD, of which the PBCSD share is 1.o MGD. With this increased capacity, there is sufficient capacity to handle the additional sewage generated by the land uses contemplated in this Plan on the Properties so this constraint has been removed.

Water Supply. At the time of adoption of the DMF LUP, Monterey Countys allocation of water from the California-American Water Company system, allocated by the Monterey Peninsula Water Management District, was insufficient to permit water service to all development planned in Del Monte Forest based on the priorities established by Monterey County. subsequently, the owner of the Properties received a dedicated water entitlement of 365 acre feet annually, independent of Monterey Countys allocation under the Monterey Peninsula Water Management District (MPWMD) jurisdictional water allocation program. As a result of the owners financial guarantee of the cost of the CAWD/PBCSD Wastewater Reclamation Project, there is sufficient water for the land uses allowed by this Plan on the Properties so this constraint has been removed.

Traffic and Circulation. Policies 98 and 99 of the DMF LUP govern the traffic and circulation improvement requirements of new development. Policy 99 requires and independent engineering study to establish an arterial system, changes to Highway 68 and access gates in order to provide for the Countys acceptance of the Transportation engineering Study for the Del Monte Forest, prepared by Burton N. Crowell and the Goodrich Traffic Group (commonly referred to as the Crowell Report), which established all of the indicated requirements.

Under Policy 99, new development must either bear the incremental costs of necessary improvements to Highway 68 and Highway 1 required as a result of traffic generated by the development, or pay into a fund that will be administered by the County for the incremental costs of the necessary improvements.

The highway capacity and circulation improvements identified in the Crowell Report under Policy 99, and the funding mechanisms established by Policy 98, have been agreed upon and adopted as required by Policy 113 in the Del Monte Forest Transportation Policy Agreement between Monterey County and the owner of the Properties. The traffic element of Policy 113 have therefore been satisfied with respect to the Properties so this constraint has been removed.

(bb) The Management Plan for Del Monte Forest Open Space Property is hereby amended to add the following section to the Introduction after the section entitled Compatibility with Law and Resident Objectives:

LUP Figure 5 Conformance with OSAC

The areas designated OR in Areas C, K, M, N, O, U, and V of Figure 5 of the LUP, and the location of the existing equestrian center and polo field, shall be managed and maintained in conformance with the objectives, classifications, and policies for open spaces as indicated for Category VI (Golf Courses) in the Management Plan for Del Monte Forest Open Space Property. The areas designated OF on portions of Areas B, F, G, H, I, L, P, Q and R of Figure 5 shall be managed and maintained in conformance with the objectives, classifications, and policies for open forest as indicated for Category IV (Open Forest) in the Management Plan. The area designated OR within the Gowen Cypress planning area shall be managed and maintained in conformance with the objectives, classifications, and policies for open space as indicated for Category VII (equestrian center).

 

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Section 5. MONTEREY COUNTY COASTAL IMPLEMENTATION PLAN AMENDMENTS

The Monterey County Coastal Implementation Plan is amended to read as follows:

(a) Section 20.147.020(N) is amended to read as follows:

N. Land Use Categories: The basic categories of land use designated in the Del Monte Forest are: 1) residential, 2) commercial, and 3) open space.

1) Residential Land Use: New residential land uses planned for the Del Monte Forest Area range in average density from one to four dwelling units per gross acre. For convenience of designation, they are described in terms of low density (maximum of 1 dwelling unit/acre), and medium density (maximum of 4 dwelling unit/acre). Most of the existing and new residential development areas within the Forest fall within the low or medium categories. Caretaker units, servants quarters, and other separate houses, but not senior citizen units, are considered units of residential development for the purpose of calculating density. The County shall not approve such units in excess of the density allocated by this plan for each planning area.

(2) Commercial: Three Classes of commercial uses are indicated. They include:

a) Visitor-Service Commercial,

b) General Commercial and

c) Institutional.

They are described as follows:

a) Visitor-Service Commercial - This category allows for uses providing basic support services and visitor needs associated with coastal recreation and travel. Major hotel or inn accommodations and support commercial facilities are principal uses. Residential uses consistent with Del Monte Forest Area Land Uses Plan Land Use Maps and intensities may be permitted as secondary uses under this category at the density specified. The four areas in this category are the existing lodge and environs at Pebble Beach, the proposed Spanish Bay resort, the visitor-serving facilities at the proposed Northern California Golf Assoc. Golf Course, and no more than 24 golf suites to be located at Area M and N.

b) General Commercial - This category provides for commercial-use areas to suport community needs; it includes the professional/administrative offices near the community hospital, and the rock quarry at Sunridge and Lopez Roads, where reclamation for re-use is planned. Future uses will be required to be compatible with the general retailing and community service character of this designation, as well as community services and storage facilities.

c) Institutional - This designation is applied to a variety of uses, including the community hospital, Robert Louis Stevenson School, fire houses. and a utility substation.

3) Open Space: All areas considered critical to maintenance of the natural systems of the Forest are encompassed in this category, including environmentally sensitive habitat areas, the sites of endangered species riparian areas, wetland areas, and sensitive coastal strand areas. In addition to the open space designation and policies within the body of this Del Monte Forest Area Land Use Plan, a separate, more detailed plan has been prepared for these areas by the Del Monte forest Open Space Advisory Committee. The Open Space Advisory Committee Plan is adopted as a part of this plan. This Open Space Management Plan, to be administered by the Del Monte Forest Foundation, is generally consistent in terms of both map designations and policies with this Del Monte Forest Area Land Use Plan and provides more detailed maintenance standards and funding mechanisms for management of open space. However, where there may be conflicts between the Open Space Management Plan and this land use plan, the land use plan policies will take precedence.

Open space is classified into three groups: a) recreational; b) forest and c) shoreline. They are described as follows:

a) Recreational - This category permits golf course, the Beach and Tennis Club, the equestrian center, as well as necessary support and maintenance facilities such as the pro shops, cart shops, 0arking areas, stables, and barns.

b) Forest - This category includes the S.F.B. Morse Botanical Reserve, riparian corridors, rare plants and specimen trees, and geological hazard areas Permitted developments are trains, low-intensity recreational facilities, tree cutting, and public works only if consistent with all other plan policies.

c) Shoreline - This category incl8des sandy beaches, rocky shorelines and tide pools, remnant sand dunes. Permitted are associated support areas for public access including parking turnouts, trails, vista points, and related facilities, consistent with all other plan policies.

(b) Section 20.147.090(B) is amended to read as follows:

B. Specific Development Standards.

1. In environmentally sensitive habitat areas, access improvements shall be developed consistent with the site specific recommendations listed in Appendix B Site Specific Shoreline Public Access Design Criteria contained in the Open Space Advisory Committee Plan in the Del Monte Forest Land Use Plan (Ref. Policy #74 Del Monte Forest Area Land Use Plan)

2. Detached or attached guest rooms are not to be equipped as permanent living quarters and are not considered residences. Guisthouses are permitted providing the constraints of the parcel and other implementation ordinance development standards and land use plan policies permit. Conditions shall be enforced by CC&Rs or other legal restrictions, including revocation provision for non-conformance.

Guesthouses in the coastal zone are subject to the following criteria of development:

a. Only one guesthouse per parcel or one for each principal residence on the parcel shall be allowed.

b. Detached guesthouses shall be located in close proximity to the principal residence.

c. Guesthouses shall share the same utilities with the principal residence except where prohibited by public health requirements.

d. The guesthouse shall contain no kitchen or cooking facilities.

e. all facilities such as wetbars must be proportionate to the site and scope of the guesthouse. There shall be no more than 6 feet of counter space, other than the counter space pertinent to the bathroom and its attendant fixtures. There may be no more than 8 square feet of cabinet space for storage other than that for personal belongings in clothes closets.

f. Guesthouses shall not exceed 425square feet of interior area.

g. Guesthouses may not be separately rented, let, leased nor subdivided from the main dwelling.

h. Prior to the issuance of building permits for a guesthouse or the use of an existing building for a guesthouse, the property owner shall record a deed restriction reflecting the regulations applicable to the guesthouse.

i. The guesthouse must be architecturally consistent and compatible with the main structure.

j. The height shall not exceed 12 feet, however, additions to height to provide for architectural consistency and compatibility shall be considered on a case by case basis. The guesthouse may not be more than one story. Exceptions may be made for guesthouses over structures (i.e. a guesthouse over a garage) to provide architectural consistency and compatibility.

k. There must e a demonstration of adequate sewage disposal and water supply.

The above criteria shall also be apply to permitted accessory structures. (Ref. Policy #77 Del Monte Forest Area Land Use Plan)

3. Studios and other small non-residential and non-commercial accessory structures such as tool sheds, workshops, or barns may be permitted on any size parcel provided the constraints of the parcel and other implementation ordinance requirements permit. None of these units shall be used for habitation purposes (Ref. Policy # 78 Del Monte Forest Area Land Use Plan)

4. Caretakers quarters may be permitted throughout the Coastal Zone as provided for in the applicable zoning district and this ordinance. Caretakers quarters (attached or detached) are defined as a permanent residence, secondary and accessory to an existing main structure, for persons employed exclusively on-site, for the purposes of security or to provide continuous care for persons, plants, animals, equipment or other conditions on the site. In the Del Monte Forest Area Land Use Plan area, the following criteria shall be used in applications for detached caretakers residences:

a. One caretaker unit shall be allowed per lot, subject to first obtaining a sue permit as approved by the Zoning administrator or Planning Commission, as applicable.

b. The minimum lot size is two acres, in order to provide sufficient water and sewer capability under Health Department regulations. Where public water and sewer services are available, there shall be no minimum lot size.

c. Caretakers quarters shall not exceed 850 square feet.

d. The applicant must supply evidence which demonstrates the necessity for such a unit. Legitimate basis for a caretakers unit include:

1. a security problem on the site,

2. a situation which requires continuous care (i.e., medical problems of an individual(s) or plants, animals, equipment storage).

3. the owner of the property cannot perform adequately the function required and requires additional assistance to a sufficient degree to warrant a caretaker.

Acceptable evidence shall include (but is not limited to) such items as a letter from a doctor stating medical needs of an individual, a letter from a police department describing the areas security problems, or employee job descriptions of person intended to be housed in the caretakers quarters.

e. Caretakers quarters shall be located on the same parcel as the principal residence and may not be later subdivided from the principal residence.

f. Caretakers quarters shall be excluded from density requirements. However, during the use permit review process, site characteristics shall be reviewed in order to determine that the site is both capable of sustaining the additional development and that the proposal is consistent with the policies of the Del Monte Forest Land Use Plan and this ordinance.

g. One of the occupants of the caretakers quarters shall be employed on the property as their principal place of employment.

h. A minimum of one off-street parking space shall be provided for the caretaker unit.

i. Additional employee housing is permitted for priority uses (e.g. visitor serving commercial) in one dormitory/bunkhouse or in temporary structures (i.e., former mobilehomes) consistent with all other plan policies . Additional employee housing is permitted consistent with all other plan policies . (Ref. Policy #78a Del Monte Forest Area Land Use Plan)

j The caretaker unit shall not be rented.

k. Prior to the issuance of building permits for caretakers quarters or use of an existing building for caretakers quarters, the property owners shall record deed restrictions reflecting the regulations applicable to the caretakers quarters.

5. Recreation in environmentally sensitive habitat areas such as residual dunes, wetlands, and areas with ree or endangered plants or animals is limited to passive, low-intensity recreation use dependent on and compatible with the sensitive resources. Conformance with the appropriate Site Specific Shoreline Public Access Design criteria (Appendix B of the Open Space Advisory Committee management plan) and Open Space Advisory Committee maintenance standards shall be the test of consistency with this development standard (Ref. Policy #79 Del Monte Forest Area Land Use Plan).

6. Shoreline areas suitable for scenic outdoor recreation, such as from Cypress Point to Point Joe, are for day use only, with improvements limited to trails, picnic areas, parking areas, and restroom facilities (Ref. Policy #80 Del Monte Forest Area Land Use Plan).

7. Area B shall be the last area to be developed in Spanish Bay. The southwest portion of Spanish bay Area B shall be allowed a maximum of 42 units. The north east portion shall be allowed 21 units, a total of 63 units in Area B. Up to 12 units of employee housing may be provided in a portion of Area B . (Ref. Policy #82 Del Monte Forest Area Land Use Plan).

8. Use of the proposed golf courses by the general public shall be maximized. Except for periods of scheduled tournaments, the following requirements for public availability of the courses shall be applied as conditions of approval:

a. Spanish Bay Golf Likes: This course shall be available for use by the general public as well as lodge guests on a first come, first served basis at least 50% of the time. The periods of availability shall be calculated in such a manner as to assure reasonable starting times for the general public.

b. Northern California Golf Association Course: The proposed NCGA owned and operated golf course shall, in recognition of its broad based, quasi-public membership policy, be available to the general public on a space available basis. NCGA members and guests may reserve times up to 3:00 p.m. on the day preceding a desired day of play and one starting time per hour shall be reserved by the NCGA. After 3:00 p.m., reservations for starting times for the following day shall be available on a first come, first served basis.

If ownership or operation of the NCGA Course changes, use of the course by the general public shall be on the same basis as that required at the Spanish Bay Golf Links.

Both courses shall be designed to include public viewing areas and trails. The design of these facilities shall be consistent with habitat and safety considerations. (Ref. Policy #90).

9. The golf course proposed for the Spanish Bay planning area rehabilitation area shall provide, as a part of its design, for the restoration of due landforms and native habitat which once occurred here. To provide maximum opportunity for the re-establishment of native wildlife and plants and to preserve existing dune remnants and forest habitats, the golf course design shall be of the likes-land type. Development standards shall include the following criteria:

a. Prior to grading of the site, a detailed rehabilitation plan shall be submitted for approval by the County. Such plan shall identify the locations and furnish contours of the dune, wetland, and riparian habitat restoration areas; source and finished depth of surface materials to be used in the dune area; species, source, and methodology to be used in re-establishing native vegetation cover; any structural development within or adjoining t rehabilitation areas (i.e., pedestrian barriers, bridges, etc.); a schedule of completion; and measures for long-term maintenance of the restored habitats in a natural condition, including control of invasive, non-native plants within designated natural habitat areas.

b. The amount of contiguous marsh and open water areas will be equal or exceed those presently found on the site.

c. The amount of riparian vegetation and open water course shall be equal to or greater than presently exists.

d. Where golf course tees, greens, fairways, paths, bridges, and public accessways are developed within 100 feet of the restored riparian and wetland areas, they shall be designed to avoid any significant disruption (from construction and future use) of such areas; other developments should be located beyond this 100-foot wetland buffer area.

e. In the dune restoration areas, the restructured dune landforms shall be surfaced with sand having substantially the same mineral and physical properties, including color and appearance, as that which originally occurred on the site; the depth and composition of the sand shall be sufficient, subject to the availability of feasible sand sources(s), to provide optimum conditions for re-establishment of native dune flora.

f. At least 25% of the approximately 165 acre golf course area shall be designated as dune habitat restoration area (including existing remnant natural dune habitat areas which may be protected within the golf course perimeter) re-establishment of native dune flora shall proceed as soon as native sand is placed in accordance with criteria no. 1 and no. 5 above, and applicable OSAC standards.

g. Barriers, boardwalks, signing, informational materials and other measures identified by the site specific access recommendations in Appendix B shall be provided in order to protect existing and restored environmentally sensitive dune habitats.

h. Accommodations for spectators shall be designed, located, and managed to avoid trampling of restored habitat areas, otherwise events which would attract spectators shall be precluded.

10. Uses which may be permitted in the existing quarry site in the Huckleberry Hill area included: limited neighborhood commercial uses, corporation yard, storage facilities, and potable or sub-potable water storage. As a condition of approval of such development, a landscaping plan shall be required. The landscaping plan shall include placement of Monterey pine to stabilize fill embankments, screen quarry walls, and to blend the proposed development with the surrounding area. (LUP Policy #95)

11. Proposed development shall not be permitted to make Bicycle Access on 17-Mile Drive between Fan Shell Beach and the Carmel Gate unavailable. Proposed development shall not include the imposition of fees for bicycle access; however, bicycle access may be regulated in weekends in the same manner approved for motor vehicles on 17-Mile Drive as long as a separate coastal bike route is not available. (Ref. LUP Policy #108).

(c) Section 20.147.110 is amended to read as follows:

10.147.110 WATER AND WASTEWATER SERVICES DEVELOPMENT STANDARDS

It is the intent of this section to insure that the County reserves form its allocated water supply a sufficient quantity of water to accommodate the coastal priority land uses proposed in the Del Monte Forest Area Land Use Plan area.

A. General Development Standards

1. The developments listed in table B of the Del Monte Forest Land Use Plan as first priority developments shall have first priority for the sue of available water and sewer capacity. Both water from the Countys current allotment of unused water from California-American Water Company (as allocated by the Monterey Peninsula Water Management Agency), and sewage treatment plant capacity as provided by the Carmel Sanitary District have been reserved for such development. The Resource Constraint Area designation shall be removed only when water and sewer capacity sufficient to serve such development becomes available and that highway capacity and circulation solutions have been agreed upon and adopted. Until such time that resource problems are solved, there shall be no development other that existing lots of record. the County shall cease issuing coastal development permits for developments which would generate wastewater when the appropriate treatment and disposal facilities reach a capacity threshold or when Pebble Beach Sanitary District will not approve a connection. All of these constraints have been addressed and eliminated with respect to the following properties: Spanish Bay areas B and C, Gowen Cypress area F, Huckleberry Hill area G and the quarry and corporation yard areas, Middle Fork areas H and I, Spyglass Cypress areas J, K, L,, M, N, O, Pebble Beach areas U and V, and Pescadero areas P, Q., R. (Ref. Policy #113 and Resource Constraint Compliance Section (Chapter 6 ), Del Monte Forest Area Land Use Plan.

2. New development shall include water conservation techniques such as use of water-saving fixtures retaining native plants, and installing drought-tolerant native species landscaping (Ref. Policy #114 Del Monte Forest Area Land Use Plan).

3 Wastewater reclamation projects are permitted and will be supported providing that they meet all the requirements of the director of Environmental Health, Monterey County, the Regional Water Quality Control Board, and mitigation measure requirements of the California Environmental Quality Act (Ref. Policy #115 Del Monte Forest Area Land Use Plan).

4. Septic systems, package treatment plants, and individual water wells shall not be permitted. Development shall utilize public water and sewer services.

 

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Section 6 ZONING MAP AMENDMENTS

The maps designated Section 10 and Section 16 of the Zoning Plan of the County of Monterey are amended as reflected in Exhibit 3 which is incorporated herein by reference.

 

Section 7 MONTEREY COUNTY HOUSING ELEMENT AMENDMENTS

Table 22 of the Monterey County Housing Element is amended as reflected in Exhibit 4 which is incorporated herein by reference.

 

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Section 8 INFORMATIONAL EXHIBITS

Attached hereto for information purposes only in Exhibit 5 are true and correct copies of Table A and Figures 6A, 7A, 8A, 9A, 10A, 11A, and 12A which are repealed by this initiative.

Attached hereto for informational purposes only in Exhibit 6 are true and correct copies of Figures 3, 4, and 4A, 5A, 6, 7, 8, 9, 10, 11, 12, and 13, which are referenced in the introductory subsection of the Land Use Designations section of Chapter 3 (Land Use and Development Element).

Attached hereto for informational purposes only in Exhibit 7 is a true and correct copy of Figure 5 prior to amendment as set forth in Exhibit 1.

Attached hereto for informational purposes only in Exhibit 8 is a true and correct copy of Figure 15 prior to amendments set forth in Exhibit 2.

Attached hereto for informational purposes only in Exhibit 9 are true and correct copies of the maps designated Section 10 and Section 16 of the Zoning Plan of the County of Monterey prior to amendment as set forth in Exhibit 3.

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Section 9 IMPLEMENTATION

If in the year this Initiative becomes effective the maximum number of General Plan amendments permitted by state law for that year have already been made, the general Plan and Zoning amendments made herein shall be made at the earliest possible time thereafter.

 

Section 10 CONSTRUCTION OF INITIATIVE

This Initiative is not intended to preempt or conflict with state or federal laws or regulations, and shall be so construed and applied. This Initiative is also intended to be and shall be construed as consistent with each and every element, provision and map, and the whole of the Monterey County General Plan.

 

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Section 11 AMENDMENTS

1. Except as expressly provided herein, this Initiative may be emended or repealed only by the voters at a County election.

2. The County of Monterey Board of Supervisors is hereby authorized and directed to amend provisions of the General Plan and Zoning Code, and other ordinances and policies not amended by this Initiative and in the manner and time required by State Law, if such amendments are necessary to ensure consistency between this Initiative and other elements of the Countys General Plan, Zoning Code, and other County ordinances and policies.

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