Del Monte Forest Property OwnersA Non-Profit California Corporation |
Frequently Asked Questions (FAQ)Many of the same resident questions have come to DMFPO over the years which we answer either orally at our semi-annual meetings or in print in the Forest News. Other pamphlets published by DMFPO, Pebble Beach Company, Pebble Beach Community Services District, the Del Monte Forest Foundation, and other organizations have also addressed some of the issues in various forms. This webpage will serve as a repository and reference to which we will accumulate answers to frequently asked questions as we can develop them. This is a new page for 2006 and from time to time may be reformatted to improve readability. Currently, these questions and answers appear in no particular order. If you need further information, please call the DMFPO office at 831-373-1618 or send an email to us at dmfpo@dmfpo.org. 1. What are the allowable hours of construction and/or noise in the Forest? ARB construction standards restrict building activity to Mon-Sat, 8:00a — 6:00p, with no work allowed on Sundays and federal holidays. Owners should inform their construction and landscaping contractors of the restrictions, preferably in the contract language so there's no misunderstanding. Homeowners themselves have some latitude in the restrictions, particularly if the work is indoors and the noise can be controlled. The guiding principle should be a good neighbor policy, respecting neighbors' desire for quiet, and in return, respecting a neighbor's use of their property to pursue personal interests. If noise is excessive and the neighbor is unresponsive to your personal request for relief, contact the ARB or, if after hours, call the Sheriff. Sheriff’s non-emergency number: 647-7911 2. Do we have video surveillance of gate traffic? Yes, Pebble Beach Company records video of gate traffic and it’s made available to police on request. 3. What can be done to restrict non-resident vehicle access, particularly at night? Tourist traffic and contractors are not admitted at night, except to provide emergency repairs, like a water leak, etc. Residents with emblems or passes and cleared guests whose names have been given to PB Security are admitted. The resident guest clearance phone number is 624-0123. During the day, contractors and delivery trucks are generally waved through to avoid backups at the gates and guards often get to know the "regulars." 4. Can radar be used when the speed limit is 25 mph? A news report said that a speed limit somewhere was raised to 30 mph in order to use radar. There are a number of technical legal requirements to warrant a particular speed limit, and still more requirements to use radar for posted speed limit enforcement. Particularly in the Forest, the overriding consideration is the safe speed for the road and driving conditions, regardless of posted limit. We have been told by both CHP and the Sheriff's Office that radar and officer estimated speeds can be used to issue tickets for driving too fast for conditions. 5. Are there smoking restrictions in the Forest? Smoking is not allowed in the Huckleberry Hill Natural Area and other forested areas and trails as marked. Owing to the difficulty to enforce and the hazard from lighted cigarettes dropped from vehicles or pedestrians on roads, the Forest's Fire Defense Plan imposes vegetation management standards on property owners to provide defensible space around structures. 6. To whom do we report past tense crime and situations that are NOT an emergency? Del Monte Forest is a part of Monterey County, so police matters are handled by the Monterey County Sheriff's Office. Their non-emergency phone number is 647-7911. Incident Report forms are also available on the Sheriff's Office website: http://www.co.monterey.ca.us/sheriff/forms.htm 7. Are there restrictions against short-term rentals in the Forest? DMFPO has lobbied the Board of Supervisors for a prohibition of short term rentals in the residential neighborhoods of the Forest, similar to that in Carmel and Pacific Grove. However, any regulation passed by the County that affects the Coastal Zone requires Coastal Commission approval as well. The Coastal Commission has failed to act on such regulations in the past, and since the County cannot enforce a regulation in one part of the County (non-coastal zone) without enforcing it in another (coastal zone), we are left with a bureaucratic stymie. The current situation is that short term rentals are allowed for two weeks out of each year with a permit from the County Zoning Administrator. The DMFPO supports this limited short-term rental, which is consistent with IRS regulations that allow a homeowner to rent their home for up to two weeks without incurring additional taxes. 8. What should we do if we think a tree on or near our property is dying? Many of the trees in the Forest are of an age where they are showing signs of decline. The canopy should show good green color with healthy looking needles and few dead branches. The trunk should not have any sign of decay or cracks. If trees show a change in needle color or canopy cover, residents should call PBC Forestry at 625-8414 to report the tree. If it's on private property, Forestry will evaluate the tree and, if appropriate, advise the resident as to the process for removal. Similar advice applies to trees that may appear in danger of falling. All trees, including healthy ones, have the potential to fall if the winds are strong enough. Residents should monitor the ground around the base of the tree to look for cracking of the soil or a recent severe lean. Trimming 1/3 of the canopy in the late fall or early winter by a certified arborist will help reduce the sail and wind throw. Dead branches should also be removed as they can break and cause damage. Residents should remember that a permit is required for all removals of native species of trees. In addition, homes in the coastal zone may require a Monterey County permit. 9. What should we do if the roots of a tree start tearing up a driveway? Cracks in the driveway may be caused by water and age in addition to roots. PBC Forestry recommends that the surface be removed so the roots can be inspected before condemning a tree. Frequently the cracks are caused by small surface roots that can be removed prior to the new surface being laid. They also recommend inspection of the trees prior to the removal of the surface to ensure the trees will not be harmed by the demolition Residents should remember that a permit is required for all removals of native species of trees. In addition, homes in the coastal zone may require a Monterey County permit. 10. Wouldn't it be better if the utilities were underground in the Forest? In 1999, DMFPO requested from PG&E a detailed record of power interruptions for the previous three years. Of the 173 outages, 142 were due to wind, lightning, or trees. Only 13 were due to causes that would not have been eliminated by underground wiring. The preliminary estimate without detailed engineering for undergrounding utilities in the Del Monte Forest at the time was $36 million plus 34% Contribution in Aid of Construction (CIAC), in total some $48 million. In addition, each customer who did not then have underground service would pay about $55 per foot for undergrounding from the street to the connecting point of the residence. Underground wiring and transformers can fail from other causes and the relative cost of maintenance would need to be understood. Trenching along streets could be an environmental issue in some areas where it might cause significant damage to tree roots requiring mitigations to be developed. How can all this be done? How much money can be secured? Will the State or PG&E help underwrite the cost? Are residents of the Forest willing to be taxed? How much can PBC provide? The present state of the California budget and power companies in California makes it unlikely any real help from them would be available in the near future. A survey taken in the early 1990s revealed that most property owners were unwilling to be taxed to pay for undergrounding. Most of PBC's properties are now protected by standby generators, and virtually all utilities that could affect the viewshed at the resorts are already underground, so the Company has no self-interest in undergrounding utilities for its benefit. DMFPO continues to watch for opportunities to support an undergrounding project that would gain majority approval from Forest property owners. 11. What is the status of Haul Road? Haul Road has historically been used for access by construction trucks hauling rock and other materials from the Granite Construction Company quarry operation next to the PBC corporation yard. With the closure of the quarry in 2005, Haul Road has been converted to a fire road by narrowing its width and replanting the shoulders with native plants as required by the California Coastal Commission (as a condition of the Spanish Bay Resort permits). Access is now restricted to fire and forestry vehicles and pedestrian use, as with the other fire roads in the Del Monte Forest. Haul Road also remains available for use as an emergency evacuation route. The Pebble Beach Fire Department would like to see the Coastal Commission’s permit condition amended so that Haul Road could be widened and maintained as a fire road/fuel break /emergency access route to provide additional protection to the Huckleberry Hill Natural Area against wildfire like the Morse Fire of 1987. Such a change would require approval from the Coastal Commission, but the necessary action to accomplish that has not yet been taken. 12. Are there lower golf fees for residents on PB courses? Yes, current PBC business practice allows residents to make a limited number of golf reservations without the normal hotel reservation, and includes a golf cart in the fee (which other non-resort guests pay for). Locals also can purchase a Duke’s Card membership which provides lower golf rates at times. Finally, in conjunction with the DMFPO, PBC hosts an annual DMFPO shotgun tournament and reception at which DMFPO members play at reduced rates with a guest. 13. What is the issue with Measure A and the Del Monte Forest Preservation and Development Plan? Present owners of Pebble Beach Company have agreed to preserve over 500 acres of native habitat in Del Monte Forest, including all key undeveloped, but developable, Monterey pine forest habitat areas, and another 400 acres between their Old Capitol and Aguajito properties pursuant to conservation easements. They have also agreed to reduce residential zoning from a maximum of 891 houses to only 38. In exchange for these land dedications, they are asking to build a resort and recreational improvements, and a limited number of homesites (33 new), primarily in infill areas adjacent to existing resort and recreational facilities. The resort improvements include a new golf course on a site that currently includes an equestrian center, a polo field, a driving range, an old quarry, and several roads and trails. A portion of the golf course site is fragmented Monterey pine forest bordering the Cypress Point Club golf course, the Pebble Beach Equestrian Center, and several roads. The existing equestrian center would be replaced in another location in two former sand mining pits. The concept embodied in Measure A was passed by about 64% of Monterey County voters in 2000. The Monterey County Board of Supervisors approved it unanimously, and now it faces review by the California Coastal Commission. Some citizens and groups are opposing the DMF Plan because the fragmented forested areas on the new golf course site would lose about 10,000 Monterey pines and a large number of endangered Yadon's rein orchids (Piparia yadonii). But the opposition ignores the hundreds of thousands of Monterey pines and Yadon's rein orchids that will be protected in perpetuity on the 900 plus acres of preserved lands being added to the hundreds of acres Pebble Beach Company has previously dedicated. It also ignores that the US Fish & Wildlife Service, which listed the Yadon’s rein orchid, and the California Department of Fish & Game have supported the final plan with all of its land dedications and other mitigations. More questions and answers on this topic can be found in a paper written by Bruce Cowan. View a map comparing present and proposed zoning. 14. What can we do when our street is blocked by construction vehicles? Background: The "Architectural Standards and Residential Guidelines for Del Monte Forest (Jan 2002)" published by Pebble Beach Company (PBC) contains "Construction Regulations" that apply within the Forest. They relate to building permits, construction trash, excavation and grading, parking, protection of property, temporary structures, water connection and toilets, working hours, as well as construction site signage and protection of trees. The parking regulation states that "All construction vehicles shall be contained on the property for which a building permit has been issued. Vehicles may not be parked in any location which blocks or hinders traffic, either on or off the building site." Communication of the 'Standards and Guidelines' normally occurs during the review of construction plans by the Del Monte Forest Architectural Review Board (ARB). The Manager of ARB is the primary contact between PBC, the property owner, the architect, and the general contractor on construction site activity within the Forest. Each is provided a copy of the current Jobsite Conditions, a flyer which addresses the Construction Regulations. Jobsite Conditions must be communicated to all employees, subcontractors, and any others that generate jobsite traffic. Construction Regulations notwithstanding, it is clear that the street and lot layout in the Forest is not ideal for construction activity. During large extended projects, it is reasonable for some contractors to leave a job trailer on or at the construction site for the period of their work. It is also normal for there to be periods when numerous vehicles must be present at the same time — more than can reasonably fit within the construction site, especially in the Country Club area. Some leeway is necessary to allow the contractors to work as efficiently as possible. Rigid enforcement of the parking regulation can lead to construction delays, which increase cost for the property owner and impose longer periods of disruption for the surrounding neighborhood. Good judgment and cooperation are necessary by all to avoid adverse experiences. What to Do:
15. What is the speed limit on DMF roads? All DMF roads (except those marked by exemption signs immediately around the Lodge) are subject to the California Vehicle Code (CVC) and have a speed limit determined by either a posted 25 mph limit or the basic speed law. The posted 25 mph limits are determined by a complicated process defined in the CVC involving a sanctioned speed survey and a technical definition of a residential district. While some short sections of some DMF roads might potentially qualify for a posted speed limit somewhat higher than 25 mph, they have not been separately surveyed since it would be disruptive to change the limit frequently on the same road: it would create confusion and unsightliness and not offer any real advantage. The basic speed law limit in the Forest is the maximum safe speed for the present conditions. Those conditions include elements which limit sight distance (e.g., light conditions, fog, rain, snow, smoke, hills, curves, vegetation, parked vehicles, etc.), controllability (e.g., slippery pavement, road condition, vehicle malfunction, etc.), or other extenuating circumstances (e.g., vehicle or pedestrian traffic, driver distraction, alien invasion, etc.). It's worth pointing out that the basic speed law trumps a posted limit. If your speed is greater than what the officer observing you thinks is safe for the conditions, you can be cited whether a limit is posted or not. A retired CHP officer that regularly patrolled here once offered the opinion that there was no place in DMF where speed in excess of 35 mph was safe under any conditions. DMFPO endorses that opinion and emphasizes the number of factors that reduce the safe speed to something closer to 25 mph almost everywhere, almost all the time - even though such opinions are not a constraint on current CHP officers. It's also worth pointing out that Pebble Beach Company employees are directed by their top management to never exceed 35 mph in the Forest. The issue is safety. Most officers will allow for some minor transgression of a posted limit if they feel safety is not threatened. But don't count on any specific number. The best advice is to err on the side of caution to avoid having to plead your case before a court. DMF is only a few miles across and time saved by speeding can only be a matter of seconds: it's hardly worth the risk. 16. Can property owners look forward to long overdue cleanup SOON? Fire Safety in Del Monte Forest DMFPO has likewise been interested in fire safety, particularly in avoiding the catastrophic consequences of fire we experienced in the 1987 Morse Fire here in Del Monte Forest (DMF). The Pebble Beach Community Services District (PBCSD) is centrally involved in providing fire protection services in Del Monte Forest and is the authoritative source for such information; however, here is some broad background on the issue for you. DMFPO is completely supportive of the effort that has been progressing for the past 20 years at the District to improve the ability of firefighters to combat both structural and wildland fires in the Forest. The Angora Fire at Lake Tahoe and the recent, multiple fires in southern California have again brought into focus the nature of the hazard of wildland fire, once it starts. We are fortunate that our central coast climate does not create anywhere near as many hazardous days as exist in those areas. Nevertheless, as the Morse fire proved, fire can occur here. To respond to the issues brought out in the FEMA post-event report on the Morse Fire, just about every possible step has already been taken in Fire Department operations, equipment upgrades, water supply reliability, building code upgrades, and lot clearance standards. The last and most difficult step that remains is reduction of the fire fuel build-up in the interior part of the forested areas, as the question points out. Strictly speaking, DMFPO cannot "do" anything with the fire fuel in the forest since the property is privately owned by Pebble Beach Company (PBC), Del Monte Forest Foundation (DMFF), the Northern California Golf Association, Stevenson School, two country clubs, individual residents, and others. However, we have representatives on the DMF Open Space Advisory Committee, which provides an organized recommendation of Forest maintenance policies for PBC and DMFF, the two largest landowners, and contributes to the DMF Fire Defense Plan. Numerous environmental regulations from the County and Coastal Commission place restrictions on disruption of specific plants and animals that exist in the Forest, thus inhibiting the owners from actions in the designated habitat without prolonged and expensive environmental review. Indeed, the Coastal Commission staff has recommended that Monterey Pine, itself, be designated as Environmentally Sensitive Habitat Area (ESHA), which would virtually eliminate removal of any of those trees in the Coastal Zone. Despite the limitations, PBC has been removing fire fuel along their road right-of-ways and utilizing goats to reduce the underbrush in parts of the Forest that are not laden with endangered plants. That work is planned to continue. Further, PBCSD has supported the Fire Dept to employ the Gabilan work crews to do hand clearing of undergrowth in the wildland-urban interface at the top of the Huckleberry Hill Natural Area along Los Altos Drive and along the fire roads and sewer easements behind homes above Pescadero Canyon. Those activities will also continue. DMFPO is trying to raise property owners’ awareness of the fire hazard from the interior parts of the Forest through newsletter articles and discussions at the semiannual meetings. There is no more important issue for DMF property owners than fire safety, given our proximity to forested wildland and the evidence of hazard so apparent throughout the state. But who is to do what? There are numerous articles describing the wildland fire problem, and suggestions for corrective action, but it is a statewide (perhaps national) issue that may well require new legislative action. We need to resolve the conflict in priorities of public policy for fire safety and environmental protection before any additional measures of significance can be implemented here in DMF. Such action has had and continues to have gubernatorial level Fire Commission attention, but the legislature has not yet followed the recommendations of the experts. Statewide public pressure may be necessary to spur action.
Of course, the ultimate fire protection for property will always be a good insurance policy. 17. What organizations are for or against doing any fire prevention methods? Listed below are a number of references of varying lengths that you may find informative.
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DMFPO Office 3101 Forest Lake Rd Pebble Beach, CA 93953 |
Hours: Fri, 1-5pm Tel: (831) 373-1618 Fax: (831) 373-1619 Email: dmfpo@dmfpo.org |
