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SCENIC EASEMENT INFORMATION

Recorded comments by Supervisor Del Piero:

I'd like to read those into the record so everyone is cognizant of that. There are basically two conditions that I would recommend be added to the permits. I've drafted these out and I would appreciate it very much if, should this Board choose to issue the permit that a two-week continuance on this permit be held with the public hearing closed so that county council, as well as the Planning Staff, have the opportunity to review the conditions that are presently in draft and recommend back to us finalized versions of those conditions for our ultimate adoption with the approval of the Use Permit.

The first condition would read: The Applicant --meaning Pebble Beach Company -- shall restore and revegetate the borrow site and the adjacent deforested area as defined by the Director of Planning. The Applicant shall submit a restoration and revegetation plan within 30 days of the grant of this permit. This restoration and revegetation plan shall be subject to the Approval of the Director of Planning, Said plan shall be bonded in an amount to be determined with the approval of the Director of Public Works and the Planning Director to ensure the installation and maintenance of this area by the Applicant.

The second condition I would recommend, Mr. chairman reads as follows: The Applicant shall grant to the county of Monterey a permanent, scenic easement over the borrow site and the adjacent deforested area as defined by the Director of Planning. The area of the scenic easement shall not include the area of the new access road that the County has required to connect to Highway 68. The scenic easement over the borrow site and the adjacent deforested area shall:

One, permit the excavation of sand under the Use Permit, PC-5040;

Two, permit the revegetation and reforestation of the area it covers;

Three, not permit further use of the area it covers except those uses necessary to effectuate and maintain the restoration and reforestation of the area.

 Finally, Mr. Chairman, I would indicate that a finding that would be appropriate to justify both of these conditions might read somewhat like this:

The Board looks upon the tree cover of the Del Monte Forest as a whole. This borrow site is the closest available to mitigate the loss of tree cover due to the construction of the conveyor and ancillary facilities to an acceptable level. The planting of new trees can not entirely compensate for the cutting down of mature trees, but the condition shall, over time, mitigate the cutting of mature trees to an acceptable level.

Mr. Chairman, as is often the case on the Board of Supervisors, the proposals are put before us and significant opposition is also presented to those proposals. What I had sought to do is not intentionally upset or annoy both sides; however, I am inclined to think that that may well, in fact, be the case. What I have sought to do is balance the equities in this situation whereby the Board of Supervisors would be able to approve the issuance of a Use Permit for the conveyor belt and, at the same time, provide assurances to the residents of Del Monte Park that, in fact, a sewage treatment plant at the borrow site would not be constructed under any circumstances. Thank you, sir.

Conditions approved at the Board of Supervisors meeting on January 26, 1986