Planning commission approves lot merger for Carmel Highlands parcel

The Monterey County Planning Commission on April 8 approved PLN 250008, a coastal development permit to merge three legal lots at 42 Mount Devon Road in the Carmel Highlands into one 1.56-acre parcel.

Jordan Evans Polacco, the county planner presenting the item, summarized the proposal and recommended approval. "Staff recommends that the planning commission find the project categorically exempt pursuant to Section 15305 of the CEQA Guidelines and approve a coastal development permit to allow a lot merger between 3 legal lots of record resulting in 1 parcel," Polacco said during the staff presentation. Polacco said the merge would place the resulting parcel in conformance with minimum site-size zoning requirements and remove the need for an access easement serving the existing dwelling.

Commissioners asked about the history and constraints of the lots. Commissioner Bridal asked whether the smallest lot (about 0.02 acres) had been created for infrastructure; Polacco replied, "We do not know why such a small parcel was created," and noted parcel B was vacant. Commissioners also asked whether the merger reduced potential housing capacity; staff said much of the land sits on slopes over 30 percent, making development impractical on those portions, though the developed parcel could pursue renovations or an accessory dwelling unit subject to zoning and site-development standards.

Architect Braden Sterling, representing the applicants, identified himself and confirmed the applicants accept the recommended conditions of approval. Staff noted they had received several public comments in support of the proposal and requested an errata to add an indemnification agreement as condition number 6.

County staff clarified that the indemnification requirement is now a self-executing indemnification against the county rather than a recorded agreement unless county counsel later requests recording; "the language has since been changed and is now a self-executing indemnification against the county, unless upon demand of county counsel, an agreement is required," staff explained.

A commissioner moved to adopt staff’s recommendation with the indemnification errata; the motion was seconded and, after a voice vote, the chair announced the motion passed unanimously. The commission approved the coastal development permit with conditions.

Next steps: staff will incorporate the added indemnification condition into the approval documents and complete any ministerial processing required to finalize the lot merger permit.