Commission approves home, driveway and removal of 49 oaks on Toro-area parcel with conditions

Monterey County planning commissioners on June 11 approved an after-the-fact use permit and related coastal and land-use approvals for a single-family residence, detached garage and driveway on a steep parcel in the Toro area, with conditions addressing tree removal, erosion control and water quality.

Staff presenter Haya Honorado described PLN180503 for a property listed at 103 Laguna Place in Salinas within the Toro Area Plan. Honorado said the parcel is zoned low-density residential with a visual-sensitivity overlay and that the proposal includes construction on slopes in excess of 25 percent, a driveway using an existing private easement and the removal of up to 49 coast live oak trees. Honorado reported a pre-existing grading violation—after-the-fact grading to clear and improve an access road—and said the applicant applied for a use permit because restoration was not feasible due to topography.

Honorado told commissioners that most of the parcel is heavily wooded and steep and that the proposed residence is sited on the flattest portion of the property and is not visible from public viewing areas such as Highway 68. Staff said grading was designed to minimize impacts to larger trees and to meet emergency access requirements. The arborist recommended replanting at a minimum one 5-gallon stock per removed tree but preferred larger (15-gallon) stock planted at a 1-to-2 ratio to improve long-term survival.

Neighbors raised concerns about drainage, the location of the septic leach field and the private driveway easement that provides access to the site. Neighbor Kathy Pontius told the commission she lives directly behind the proposed site and said she is worried about construction noise and headlights reaching her bedroom; she told commissioners, "I have a disability so I have to spend more time in bed." A neighbor and civil engineer also requested additional review of the private-easement roadway because it is narrow and includes two blind curves.

Environmental Health staff confirmed the local water system had been listed out of compliance for arsenic in the past and said it must come back into compliance; staff also noted a condition requiring arsenic testing and, where necessary, approved treatment. Applicant Ray Harrow Jr. told the commission the community water system had recently improved results and that the project would include an on-site arsenic treatment device at the new house; he said recent system repairs reduced arsenic readings and that the water board is working on longer-term improvements.

Commissioners discussed whether the house and garage unavoidably encroach onto slopes greater than 25 percent and asked staff to tighten findings. Commissioner Roberts asked for clearer, quantified findings describing the limited portion of development on slopes and the reasons other locations on the parcel would increase impacts. Commissioner Deal moved to approve staff's recommendation as amended to refine the slope findings; Commissioner Mendoza seconded. The motion passed by voice vote.

Conditions include a pre-construction meeting to minimize tree impacts, an erosion-control plan and a tree-replanting condition consistent with county code and arborist recommendations. The use permit resolves the after-the-fact grading violation through the permitting process rather than restoration, which staff said is not feasible given the parcel topography.