7.2.5 Transfer of Development Credits (TDC) 

TDC’s comprise a system that will assist the owners of lots restricted in their residential development potential by viewshed policies contained within the plan. They provide an economic/planning incentive under which density credits can be reallocated within certain boundaries. Additionally, the use of this technique is intended to encourage the transfer of residential development potential from large ranch parcels in order to maintain the viability and stability of agricultural operations. 

7.2.5.A Key Policies 

1. To provide owners of "critical viewshed lots" fair and real opportunities to build in Big Sur. 

2. To provide incentives for preservation of large ranches in agricultural operations, and permanently protect their viewshed. 

3. To provide economic compensation in the form of density credits for lots rendered unbuildable due exclusively to LUP Viewshed policies. 

7.2.5.B General Policies 

1. Any non-critical viewshed parcel in Big Sur is a potential "receiver" site provided development proposed for it meets the LUP’s development and siting standards and the TDC program rules for obtaining additional density. 

2. "Critical viewshed lot" owners would have the right to transfer residential development potential from such restricted parcels and to build two units elsewhere in Big Sur or transfer two developments for each lot retired subject to the criteria of LUP policy 3.2.6.3. 

3. Large ranches would have the option to cluster their credits to non-critical viewshed sites east of Highway One, to apply for development within the rules specified in the LUP, transfer density credits to their property, or any combination of these alternatives. 

7.2.6 Conservation Easements 

Conservation and Scenic Easements and Williamson Act Contracts provide tax benefits when such enforceable restrictions on the use of land limit the amount of development on a parcel. 

While Conservation and Scenic Easements are in use now in the County to mitigate adverse environmental impacts, the County should adopt a clear policy directing the requirement of these easements for the varied resource protection uses encouraged in the plan. County land use regulations such as zoning and subdivision ordinances should contain these requirements as well as others authorized by State legislation, such as restrictions on future use, and length of the term (at least 10 years) with automatic renewal. Each deed dedicating open space should include the particular findings upon which the open space easement is based. 

The County should also consider having the Coastal Conservancy, because of its legislated resource protection role on the coast, named as grantee of the open space easement. Alternatives could include continuing the County as grantee but contracting out enforcement to a non profit agency such as the Coastal Conservancy, or giving the grantor a choice of grantees from a list of appropriate nonprofit organizations. 

State legislation permits Williamson Act Contracts to be executed for reasons very similar to the ones for which Conservation and Scenic Easements are permitted. While it is generally thought that property tax advantages of Williamson Act contracts have been lost in the passage of Proposition 13, the contracts remain a viable enforceable restriction along with open space easements. Consideration should be given to decreasing both the present minimum acreage requirement from 40 acres to 20 acres and the length of such contracts from the present 20-year term to 10 years. 

Conservation and Scenic Easements are the appropriate vehicle which could be made available for coastal resource protection. They are different from Williamson act contracts in that they must be in perpetuity. Conservation easements should be included as a requirement in coastal permit applications in areas containing wildlife habitats, wetlands, and other resource areas and particularly in scenic areas. 

7.2.7 Restoration/Acquisition 

Restoration projects refer to those activities that the County, in cooperation with coastal residents and other agencies, can undertake in an effort to mitigate undesirable impacts of existing development or commitment to development on the quality of the coastal environment and its resources. Examples of areas that require restoration in order to meet the environmental standards of this plan have been described in various sections of the plan. For instance, some areas of the coast committed to development -- by virtue of the existence of many small undeveloped parcels created for residential purposes -- appear to lack adequate water to serve continued development without entailing extremely adverse impacts on the natural environment. There are also isolated examples where natural ecosystems have been impacted, frequently from recreational overuse. Portions of the lower Big Sur River riparian area have been seriously degraded and need restoration work. In other areas, past development has resulted in structures or buildings that are highly visible and obtrusive to the quality of the natural environment. In some cases, road construction has left highly visible scars. Installation of utility poles has also resulted in the erosion of the visual quality of Big Sur. Perhaps most serious, are the undesirable impacts on the beauty of the coast resulting from continued residential buildout in certain areas having numerous small, vacant parcels. Finally, even natural events, such as landslides, mudslides, or lightning caused fires, result in changes or damage to the landscape and its resources. Such events may necessitate remedial action if environmental quality or scenic beauty is to be restored. 

A variety of restoration techniques are available, and the County should support and encourage these. 

7.2.7.A Private Voluntary Action. 

Individual landowners are encouraged to voluntarily undertake those activities on their property which can help mitigate the types of environmental or visual problems discussed in this plan. In many cases, simple landscape screening or repainting of a structure would do much to restore scenic beauty in highly visible areas. Screening of private roads as needed would also be beneficial. Private work, in some cases, is needed in riparian areas to alleviate impacts to streams. In other areas, improved control of erosion or soil loss from sites during rain storms would help protect water quality in coastal stream. 

7.2.7.B Action by Other Government Agencies. 

All other government agencies are requested to undertake needed coastal restoration work in their areas of jurisdiction in order to realize the objectives of this plan. State Parks and Recreation, Caltrans, and the U.S. Navy, in particular, are requested to work toward the restoration of environmental and scenic qualities of lands they manage. 

7.2.7.C Site Planning 

The County can achieve necessary restoration on private and State lands by requiring such work as a condition of permit approval. This technique should be used within reason whenever possible. 

7.2.7.D Transfer of Development Credits (TDC) 

TDC’s should be encouraged to avoid new development on critical viewshed lots and on large ranches. 

7.2.7.E Acquisition 

Acquisition by a public agency of privately-held land may be beneficial as a restoration project where it reduces the commitment to development created by the presence of many small undeveloped parcels. In certain instances, acquisition may be the only reasonably effective tool for avoiding problems relating to viewshed development. This plan proposes that acquisition be used as a means of avoiding development on highly scenic viewshed parcels for which no other planning remedy can be found. Acquisition can be carried out by Monterey County, by various State agencies, such as Parks and Recreation or the California Coastal Conservancy. The County should take a favorable posture toward acquisition of undeveloped viewshed parcels that are totally within the viewshed. The County should invite purchase of these parcels by State agencies and, in particular, should support the assistance of the Federal Government through the U.S. Forest Service in acquiring such parcels within their boundaries either in fee or simply through the purchase of development rights or easements. 

Because the County lacks sufficient funds to compensate landowners for not developing undeveloped parcels in the critical viewshed and because the County lacks funds to acquire scenic easements over large parcels, it hereby requests its representatives in the California State Legislature and the United States Congress to seek state and federal funds to assist the County and be administered by the County in the implementation of the Local Coastal Program and, where necessary, to compensate landowners for protecting the agricultural and scenic resources of the Big Sur Coast. 

The County shall seek necessary acquisition funds through the Land and Water Conservation fund or its successor agency, by making every effort to ensure that the implementation of the Big Sur L.U.P. is placed high on the list of priorities of the State Comprehensive Outdoor Recreation Plan (SCORP). 

7.2.7.F Coastal Conservancy Projects. 

The Coastal Conservancy has been established with a broad range of powers and capabilities, all aimed at the conservation of important coastal resources. The Conservancy can perform planning studies, purchase land for various purposes, consolidate small parcels into larger more desirable parcels, and can resell them on the private market to "rollover" and regain its capital outlay. The result of this process is to overcome the environmental concerns resulting from poor lot configuration or excessive numbers of parcels in important restoration areas. The Conservancy should work cooperatively with the County on restoration programs by nomination of potential Conservancy projects and participating in the development of the project. 

7.2.7.G Nonprofit Private and Public Conservancy Foundations. 

Private organizations should assist in the conservation of important natural and cultural values. These organizations can purchase land in fee or simply acquire easements to avoid development in sensitive areas. Monterey County should support and encourage the activities of these organizations in Big Sur. 

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