Planning Commission - Regular Meeting

PB Harmon Zuckerman, Good morning, everybody. Welcome to the administrator hearing for Thursday, July 9 2026 we are conducting the meeting as a hybrid meeting with some people in attendance and chambers here today and some people participating by zoom PB Harmon Zuckerman, For those participating by zoom. If you can keep yourself muted. We would appreciate it. That'll eliminate and background noise. If you want to be recognized to speak, if you can raise your hand if you're on Zoom or in person. And you can use star six to mute and unmute yourself if you're on a phone, star nine to raise and lower your hand. If you're on a device, there's a raise hand function under the reactions tab, and you can use the microphone icon to mute and unmute yourself. We'll move into our agenda for today. And the first agenda item is... Mike Noce, Mgmt. roll call and I might know go back into his own administrator, we have color Sato from environmental health. Mike Noce, Mgmt. blanca from our public works staff and just barriers from our environmental services staff that I miss any other stuff. Mike Noce, Mgmt. In queue. Our next agenda item is public comment. If anybody would like to speak on a topic that is not on today's agenda, a topic of general interest, now would be the time to raise your hand and be recognized to speak. Seeing none, I'll close the public comment period. And our next agenda item is agenda additions, deletions, and corrections. Madam Secretary, do we have any such items?

Yes, we do. We did receive correspondence for the following items. Agenda item number 1, 260017. Agenda item number 2, PLN 240357. And agenda item number 4, PLN 260080s. all of this correspondence was issued to the zoning administrator and all parties.

Thank you. Our next agenda items is acceptance of minutes. We have the draft minutes from June 25th, 2026. Does anybody have any comments on these draft minutes? And then I'll close the hearing and accept the minutes from June 25th, 2026. John Potter, And we'll move into our scheduled items next. Our first is PLM 260017 this is for construction on Crespi Lane in Pebble Beach and if staff can give me a minute to open my agenda items, I would appreciate that. Okay, Mr. Price, whenever you're ready.

Thank you. Good morning, Zahra Administrator Hover. My name is Taylor Price, project planner for PLN 2600017 Shen Yun.

Taylor, can you make sure you project this to make sure that microphone's making it up?

Yes. This project is located at 1651 Crespi Lane, Pebble Beach. The parcel is zoned low project was previously approved on January 20, 2020 by the zoning administrator with the same project plans and design. The project was approved as PLN190005. The project was staked and flagged and had an arborist report submitted. On November 3, 2021, an amendment to PLN190005 was approved and has now expired. On January 27, submitted with identical plans to the previously approved project. Today, the project before the zoning administrator is a combined development permit to allow the demolition of a fourth the construction of an 851 square foot accessory dwelling unit with an attached 264 square foot garage. Associated site improvements including the removal of one protected Coast Live Oak tree. The application includes the removal of up to two trees, one protected Coast Live Oak and one non-native Maiden tree. The 2019 arborist report for the original project with the same design and plans noted that the project approval to ensure unpermitted tree removal does not occur. The removal of the coast live oak is the minimum required for the improvement of the property and will not negatively affect the forest and or woodland of the project site as well as the surrounding area and will not negatively impact trees. The proposed development has been cited in the best place to avoid additional tree removal and to comply with fire regulations. Finally, staff would like to note that an updated

driveway or the driveway of the ADU.

However, to ensure unpermitted tree removal does not occur, staff still recommends entitling the project to allow the removal of up to one coast live oak in case of inadvertent impacts. The proposed single-family dwelling in ADU will include colors and materials with neo-traditional Italian Renaissance Revival and French being the most common. The design and architectural elements are consistent with the neighborhood character and will not detract from the neighborhood character or public bichette. The project went before the Del Monte Forest LUAC on June 4, 2026, where the LUAC unanimously recommended support for the project. A member of the public submitted a comment noting that the project and that the applicant has not communicated with them about the project design. The project design complies with all applicable site development standards, including the zoning district's height requirements. The proposed project does not impact the public view shed as viewed from 17 Mile Drive or Point Lobos. Today, staff recommends that the zoning administrator 15.303 and there are no exceptions pursuant to section 15.300.2 and that the zoning administrator approved the combined development permit as recommended. This concludes staff's presentation and staff is available for questions.

Thank you. I noticed there's a proposed pond in the application. Do you know how they're going to fill that pond with water?

So through the of water when there's rain.

Okay.

And, you know, our policies in Del Monte Forest talk about minimizing kind of development footprints and particularly related to impervious surfaces, but really to minimize footprints of all development and preserve the forest resources. There's a lot of guest parking proposed on this, and I know we have policies to talk about really just accommodating everyday parking, not having guest parking. Can you explain a little bit about those policies or if you can do that off the top of your head? If not, I'll talk to the applicant about it as well.

Yeah, so policy one of the Del Monte Forest Land Use Plan does have a recommendation that

There is the existing driveway.

This will mirror the existing driveway, but just change it from impervious to pervious. Staff felt that there was not a significant increase in impacts. Additionally, the pervious parking was

not exceeding the pescadero watershed purchase model thank you i'd like the to open the hearing is the applicant present please yeah good morning good morning june ciliano applicant for the shen residence i've read all the approval conditions that staff report you confer with them i just want to make a comment about the neighbor email to county yesterday that my client did not contact them. Well, I have, if you want, I can share this. These are three emails, text messages my client sent to the neighbor. But the neighbor neighbor responded and those contact information were given to me at the ARB at the Luwak hearing. So we did do our, you know, we did due diligence. We always try to have our neighbors contact their neighbor. So.

Do we have these for the record? Yes, we have. Okay, thank you. Can I ask a couple of questions? Sure. I'm always concerned about fire hazard as well. What kind of design What features do you have to protect the structure?

By default, we are in WUI, so our materials are pirated. And where we are developing, there's not a lot of oak trees, although the property has a lot of oak trees. As Taylor mentioned, the development area is where the existing impervious driveway extending all the way to the back of the property, the courtyard, and the existing building itself. So most of the development occurs in that area. And we're changing all these impervious driveways and courtyards to permeable. So that's how we're addressing.

So the area of the proposed guest parking is part of the existing driveway feature? Yes. And the pond, Mr. Price said that it's going to be natural rainfall. You're not going to fill it up with a hose or anything?

No, no. Times of the year it'll be a dry creek. Times of the year it'll be a pond.

Okay. Thank you. PB Harmon Zuckerman, Anybody else like to speak on this application. PB Harmon Zuckerman, It was on crispy crispy line and pebble beach. PB Harmon Zuckerman, Seeing none. I'll close public hearing the step of anything else that HAB-Jacques Juilland- It will be my decision to find that the project is categorically exempt on California by Macaulay act and improve the combined development permit as recommended by staff with some non substantive changes to the resolution and with that your projects group, thank you, thank you.

HAB-Jacques Juilland- And it's.

PB, John Gerstle PB, John Gerstle PB, John Gerstle PB, John Gerstle PB, John Gerstle PB, John Gerstle which I know of. Yeah, that's fair. Yes, Mr. Ferris is dismissed for the rest of the day. Thank you. Thank you for reminding me. Not dismissed from work, though.

Come on.

Okay, Ms. Mason, I'm ready whenever you are. Thank you.

Good morning, Zoning Administrator Novo. My name is Jade Mason, and I will be presenting staff's report on PLN 240357, Freeman.

What's your name again?

Arnie? Sorry, what's your name? Her name, she's the planner, Jade Mason. Jade Mason? Yes. Good to hear it. Thanks.

This application is for commercial vacation rental use. Operation used through an after-the-fact use permit located at 1047 Rural Lane in Pebble Beach within the Greater Monterey Peninsula Area Plan. The septic property is zoned medium density residential with a building site 6 overlay, a design control overlay, and a parking and use of major recreational equipment storage in the seaward zone overlay. The existing single-family dwelling has three bedrooms, two bathrooms, and a kitchen, along with four on-site parking spots outlined in red on the site plan. CBRs must comply with the parking requirements of Monterey County Code, and as such, single-family dwellings are required to have two spaces per unit. This project exceeds the requirement by two spaces. The property has a maximum nighttime occupancy of seven people and a maximum daytime occupancy of 10 people. These occupancies exclude infants between zero to 12 months. The applicant submitted a certified home inspection, which was completed by a certified home inspector. The property has a local property manager who will be available 24 hours a day, seven days a week to respond to complaints or concerns that arise at the property. The property manager will be available to arrive on site within 30 minutes of receiving a complaint or concern. The operations plan provides addresses and contact phone numbers for the fire station, hospital, and clinic, and both fire and medical services are available at various times of the day. This information is also included in the informational notice to individuals staying at the property along with quiet hours and notification of emergency routes. Condition of approval number three prohibits the property from hosting corporate or private events unless the property has a separate entitlement for such use. The regulations for CBRs allow up to 57 commercial vacation rentals to be approved within the Greater Monterey Peninsula Area Plan, pursuant to the Monterey County Code in blue. If approved, this will be the 30th approved CBR in the area. The proposed CBR complies with Monterey County Code regulations and is consistent with the MDR zoning destination.

That's great.

This property is accessed through 1047 Laurel Lane, a private road in Pebble Beach, and thus is subject to the Monterey County Code Chapter in red. The original grant deed contains deed restriction language that can be interpreted as a private road agreement. Therefore, the project is classified as a TO3 category pursuant to the Monterey County Code in red, which means this deed restriction language constitutes the private road agreement. The property is within the Pebble Beach area and is currently managed by the Pebble Beach Company, which is the legal established governing structure for the private roads used to access the subject parcel. Pebble Beach Company is authorized to make determinations regarding the use, maintenance, and related matters regarding the private road. The objection letter from Pebble Beach Company states that the plain meaning of the CCNR language bans short-term rentals in the Del Monte Forest. The applicant believes CBRs are allowed to use the private road pursuant to the plain language of the deed restriction. And due to the substantive dispute in regard to the deed restriction language, staff recommends condition of approval number six to the project that restricts the project from commencing its use as a commercial vacation rental until such a time as the private road dispute has been satisfactorily resolved. On August 11, 2023, an administrative citation from HCD code compliance case 23CE00459 was issued. which identified the continued use of the unpermitted short-term rental. The new commercial vacation rental ordinance for the inland area of the county of Monterey became effective on October 14, 2024. And on November 22, 2024, the applicant applied for a use permit for the commercial vacation rental operation to allow the use of a single family dwelling for a transient lodging for a period of 30 calendar days or fewer to evade the violation subject to any remaining enforcement fees and bring the property into compliance with Monterey County Code. At this time, the applicant continued to operate a commercial vacation rental without the benefit of an approved discretionary permit. With the approval of this permit, the violation would be fully abated and bring the property into compliance subject to any remaining enforcement fines. Public comment was submitted to the county with concerns of noise, parking, community compatibility, and CVR regulations. The property must comply with noise control regulations under Monterey County Code. An operator could face escalating fines if they do not comply. The property cannot operate a fire pit and the operator could face escalating fines if they do not comply. And the proposed CVR demonstrates adequate on-site parking exceeding the two spaces per unit requirement. Concerns have been raised pertaining to the unpermitted use of the CVR at this property, which the county recognizes through the code enforcement case in blue on the screen, which will be fully abated with the approval of this permit. The proposed CBR complies with Monterey County Code regulations and standards and is consistent with the MBR zoning designation. Therefore, staff recommends zoning administrator find the Project categorically exempt pursuant to CEQA guidelines section 15301 and approve a after-the-fact use permit for commercial vehicle operation use to allow the use of a residential property for transit lodging for a period of 30 calendar days or fewer to clear code case code enforcement case 23CE00459. This concludes staff's presentation and staff is available for questions.

Thank you I do not have any questions at this point I do want to make a few comments before we open up the hearing now. And that's few hearings are related to commercial vacation rentals as some of you may know the Board of Supervisors adopted vacation rental regulations last year and the county is processing numerous applications. The county's process of adopting the regulations occur years with extensive. If you Oh, thank you. The Board of Supervisors intent was to strike a balance that allows Monterey County to benefit from the tourism economy while also minimizing loss of long-term housing and ensuring that residential neighborhoods are protected from potential social and behavioral impacts of vacation rentals. Part of the Board's determination was that the community is better served by having limited well-regulated vacation rental uses rather than ongoing illegal rentals. To achieve this balance, the board placed a maximum limit of 4% for use as commercial vacation rentals in each of the county's planning areas, or most of them, anyway. The regulations ensure that each site is managed and responsible to respond to any issues. In addition to the zoning regulations, the county code includes regulations in Chapter 7.120, which includes, among other requirements, prohibitions on outdoor amplified noise, and requires a sign be posted at a visible location along the street that provides the property managers contact information. So these applications are considered here by the zoning administrator where we determine whether the applications meet the adopted regulations in the county code. The zoning administrator will be considering an application today in the Pebble Beach area, the one that's before us right now. The county code does not prohibit commercial vacation rentals within Pebble Beach. but does have requirements with regard to use of private roads. After the board's adoption of the vacation rental regulations, the county received a blanket objection to vacation rentals from Pebble Beach Company, which controls the private roads within that community. Applicants need to be fully aware of Pebble Beach Company's objection to allowing access to its private roads for commercial uses of housing. In response to this, the county is processing these permits with a condition that the private issue, private road issue be resolved with Pebble Beach Company prior to beginning any commercial vacation rental use. So with that said, and before I open the public hearing, on this item. I wasn't able to finish reading one letter yet. So if we can take a two-minute break. It's a fairly short letter, so I know I can do it in two minutes. So we're going to take a two-minute break, and then we will resume this application and test mine. On this item, thank you for letting me catch up with all the correspondence. We'd like to hear from the applicant first on the application on Laurel Lane. Is the applicant present, please?

Hi there, yes. I am present.

Do you want to state your name for the record?

Yeah, my name is Sean Freeman. So good morning and thank you for the opportunity to speak. First, I'd like to thank Jade Mason for all the work she's put into reviewing our application. I guess I'd like to say my wife and I have owned and cared for this property for several years. It's way more than just an investment to us. It's a home that means a great deal to our family. Our long-term goal has always been to spend, you know, significantly more time there as, you know, we get closer to retirement. We would like to retire down there. We just live a hop, skip, and a jump away where, you know, from San Jose, South San Jose area. And so in the meantime, until we get to that point, we've chosen to have our home professionally managed as a short-term rental, just as we found when we bought the place, we weren't able to spend very much time down there as much as we thought. We understand that some neighbors have concerns about that. And I genuinely respect that. People care deeply about preserving the character of their neighborhood and that neighborhood specifically, we care deeply about that as well. We've always tried to maintain the property to a really high standard, expect our guests to respect the neighborhood. We don't take any and all guests and address any issues that arise promptly. We want to be really good neighbors. We've met a number of really good neighbors around there and have enjoyed doing that. Whether we're there ourselves or a guest or staying in the home, we want to be very respectful. We appreciate the opportunity to participate in this process and we're really committed to complying with the county's requirements. So thank you very much for your time and consideration.

Thank you. And did you read the conditions of approval recommended by staff and are they acceptable?

I believe so, yes.

Okay. Um, you'll have an opportunity to respond at the end of all the public testimony. If you'd like to any of the public comments.

Thank you.

Uh, we'd like to open up to the rest of the public. Does anybody else want to speak on this application at 10 47 moral lane? Um, we'll start here in the front row.

Just had a couple of questions about what you were saying earlier. Thanks for giving us the opportunity. My name is Dave Kinnear. I'm a resident at 41 70 sunset lane. I've got, uh, My wife and I have been there for over 20 years, and we've got five commercial vacation rentals operating in our neighborhood. And some are good, some are bad, but, you know, we try to tolerate them, and I understand Mr. Freeman's goal here, and I respect what he said. I have the same sentiments about my property. But one question I had for the zoning administrator, what's the penalty for... operating unpermitted short-term rentals.

I'm always fine later. So we're just taking testimony at this point.

OK. Why can't you just answer it? I can't ask any questions.

Because I don't want to get in back and forth with the public testimony that we're doing.

I'm just asking a question.

Can I ask questions?

Yeah.

And I will answer it later.

OK. My other question is, you said the county adopted commercial vacation rental regulations last year. I thought it was November 24. Jane said it was November 24, I thought.

You don't know? Staff, do you want to tell me when the board adopted the regulations?

The inland area of the county adopted the commercial vacation rental ordinance October 14, 2024. Okay. October 14, 2024?

Yeah. Okay. So it wasn't last year?

No, I think that was for the coastal zone. So I apologize for that.

Okay. No problem. Okay. So anyway, did you guys get my letter I sent Tuesday? I did. That's what I was just reading. All right. So my letter is kind of repetitive to the letter I sent on the other commercial vacation rental application that was heard by you guys in April at... down the street from my home at 4159 Sunset. And of course, my main objection is nobody seems to be acknowledging the fact that there are deed restrictions on all our properties in Pebble Beach. Okay. And I know the deed restriction on this one is, as it says, in all of our deeds that we accepted when we bought our properties and we are supposed to abide by them. It says on page one of six, sorry, page four of six of our CC&Rs, it's number one. It says, no trade, business, or profession of any description shall be conducted on said premises. Said premises shall not be used for any purpose whatever except solely and exclusively for the purpose of construction and maintenance of not more than one private single-family residence. I had to look up the definition of business. It says no business is allowed on the property. According to Wikipedia, business is the practice of making one's living or making money by producing or buying and selling products such as goods and services. It also Is any activity or enterprise entered into for profit? Okay. So we got that deed restriction. And to me, that means you can't have a business for profit. Okay. And that's solely what these short-term rentals are. Okay. Mr. Freeman said it quite nicely. He doesn't have the ability right now to be able to live in his home full time. So he wants to rent it and make some money on it. Well, he's not there. Okay, that's great. I support him. So stay within the regulations. The regulations are 30 plus day rentals, not one day rentals. Okay, and the other deed restriction, of course, which you guys have recognized is the fact that Pebble Beach Company has the private roads, right?

So they have rights, the right to permit whomever they want on their roads. And you guys come up with this condition six, you just repeat it on every,

application that's submitted here, these short-term rentals, vacation rentals. And Commission 6 is a moot point because the Pebble Beach companies already said they're not going to allow them. They don't want them. So why do you keep coming up with a condition that has been rejected by the owner of the streets? It doesn't make any sense. So to me, a lot of this doesn't make sense. And the first thing is, you know, why have A property is allowed to violate the commercial vacation rental regulations. Hopefully they got a fine for it or some penalty. I don't know what happens. Apparently nothing happens. I mean, we've got these rental agencies just running rampant, renting these short-term rentals right and left against the regulations and nobody does anything about it. The county doesn't do anything about it. Us neighbors go down at three in the morning and talk to the people who are making all the noise in some of these homes. And so we try to do something about it. But, you know, you got regulations, you make regulations, and you should enforce the regulations. And I also want to make sure you understand that, I don't know if you're aware, that yesterday there was a hearing on the property at 4159 Sunset Lane. And if you're aware of the results, if you aren't aware of the results, I'll tell you.

The county didn't make a decision on it.

They carried it over to August 18. The supervisors are confused about this whole process. They can't even make a decision on any of these short-term rentals because it's so convoluted and it's been so twisted. You guys say you approve the short-term rental, this vacation rental. It's not approved. Nothing's approved until all the conditions are satisfied.

So there's a lot of misunderstanding on this.

And that's why the supervisors carried this other similar permit over until August 18, so they can figure out what the heck's going on and how this thing is all going to work. So to me, this application in front of you today should not be judged at all until the supervisors figure out what's going on. They're the ones that make the ultimate decision.

And as I repeated, just to repeat, This, again, short-term rentals aren't allowed in our neighborhood, okay? They're in our deeds. You can't do anything, any business. That's what a commercial vacation rental is. It's a business that's for profit. That's the definition.

So please understand, and I'll take any questions you guys have.

Thank you.

Mind if I stand up? It's hard for me to sit for a long time. I'm Jack Knudson. I live less than a half a mile. We live on Las Barranca. And I just think it should be at least 30-day rental. Personally, I'd like to see six-month minimum. So if you own a house and want to rent it, that's fine. But it could really destroy a neighborhood if you're renting it every week or every day. And you have seven people there, and they're driving their cars. People that live there have trouble parking. And I said in my letter that it would, I think, would destroy the tranquility of the neighborhood. And when you move in there, you don't expect, you think you're moving into kind of a retirement area. Many of the people were retired. So we don't want to see a lot of activity or to have it turn into animal house, you know, with the... you know, some fraternity type things. Anyway, so I just think it should be a minimum 30 days. Personally, I'd like to see six months where people lease it out so it maintains the integrity of the thing. So that's all.

Thank you. I know, Lynn Anderson, did you want to speak on this one?

Yes. Thank you very much for the opportunity. I live at 1072 Laurel Lane, which is just four doors away from the property that we're discussing. And it's been in my family since 1964. We have, in fact, rented it, my house, on a long-term, years, years, never a tenant for anything less than several years. And I understand the importance of maybe generating income to sustain the property until the owners can move there in their retirement. However, I strongly object to the 30-day or less rental situation. The reason for that is the tranquility of my neighborhood, the fact that we have no way of knowing who's coming and going, the fact that It sits very close to a curve where oftentimes I've seen cars parked. We have a white line on either side of our street. I understand that they're allowed to have four cars, that they have space for four cars, that's good. But I've seen many times people parking in the street and potentially blocking emergency vehicles. I think that the authorities, have you had a chance to see the letter I wrote Hello.

Yeah. I've read all the correspondence. Yes. You're on mute, Ms. Anderson. Well, let's move on and maybe we can get her back later. Kathleen Lee, go ahead.

Thank you, Zoning Administrator Novo. This is Kathleen Lee representing the Pebble Beach Company. And I did want to say thank you for reading our correspondence on this property and others in the Del Monte Forest. And I do want to just reiterate that Pebble Beach Company has not granted approval for use of our private roads for commercial vacation rentals or and specific to this property as well. And we ask that if the zoning administrator approves this project, that you do so with condition six and that the County take action in terms of code enforcement for properties that continue short-term rental uses and commercial uses after zoning administrator approval without a business license. So we understand that if it's approved, that the next step would be meeting all the conditions of compliance before a business license can be issued. And that until such time as all the conditions are met, i.e. one of those being approval from Pebble Beach Company for use of the private roads, that no commercial vacation rental uses would be allowed. I appreciate your attention to this matter and the county's engagement on this topic. I do want to just reiterate, we have received on this property and others on Sunset Lane a number of neighborhood correspondence about the impacts of short-term rentals on neighborhoods. And for this street being one of our smaller streets, this and Sunset Lane have generated a lot of correspondence in the last month. But I thank you very much for your attention to the matter, and I stand ready to answer any questions you might have. Thank you.

Thank you. Does anybody else like to speak on this application?

Yes.

Anderson, it looks like you're back.

I'm back. I sincerely apologize for somehow inadvertently going off. The last question I asked was if everybody on the panel who's going to make this decision, if they've seen the letter that I wrote.

Yes, apparently you didn't hear our answer. Yes, we read all the correspondence that was submitted. Yes, thank you.

Okay, thank you. And thank you again for the opportunity to speak.

You're welcome. Is there anybody else that would like to speak on this application on Laurel Lane and Pebble Beach? Right here? Yes, sir.

Good morning, everyone. I'm Pravinesh Singh with Sanctuary Vacation Rentals. I'm the property manager representing this property on behalf of Mr. Freeman. So if you have any questions for the property management, I'm happy to answer that.

Did you want to respond to anything you've heard so far? Okay. Thank you. Thank you. Anybody else like to speak on this application? Laura Lane in Beville Beach. Seeing none, I'll close the public hearing. Staff want to respond to anything they've heard today?

Staff is very aware of the private deed restriction that identifies commercial uses are not supported in residential areas. The county is not a party to those deed restrictions and therefore county regulations don't uphold or enforce those restrictions as staff is aware. described in their presentation in the draft resolution. Commercial vacation rentals are in allowed use in this zoning district. Staff has applied a condition of approval as has been described in public comment in the draft resolution that addresses the known conflict with the private road agreement. And that application of that condition does align with the requirements of chapter 1680.

um so staff is happy to address any other comments the zoning administrator may have but no comments at this time um for the benefit of the public the county code related to short-term rentals does it include um specific fines for violations related to short-term rentals or is it more the general fines associated with uh all violations of the zoning ordinance if you know the answer to that

We can look into that and get back to you.

My question was, did this specific property get fined? Oh, and I don't know the answer to that. You can check with our staff on that. You can operate a short-term rental as long as... We're not going to get into it back and forth, sir.

I was going to try and address your questions now.

Okay. Who's the lady that just spoke? Who's the leading what? Who's the woman that just spoke here, Abby?

This is Fiona Jensen. She's one of our principal planners. Thanks. So I wanted to ask a little bit more about after the regulations were adopted for vacation rentals, was there a grace period, do you recall? for people continuing to operate while they applied. I thought I heard something about that. So if you can explain a little bit about that.

There was a grace period. The specifics, I would have to refresh myself in. But there was a timeframe that we were allowing people to continue to operate while they sought permits, but that has passed as of date. And so the county is actively or proactively enforcing regulations.

So if anybody that has applied is currently operating without benefit of a permit and meeting the conditions of approval, they would be in violation. Correct. Okay. And do we have code enforcement staff specifically assigned to commercial vacation rentals?

We do.

Okay. I believe that was, yes, the county does have specific staff now assigned to commercial vacation rentals. So what do they do about it? Sir, we're not going to get in back and forth, please. Answer the question. What do they do about it? What's the purpose of revenue if they don't do anything? Sir, we're not going to get into a back and forth. I've closed the public hearing. All right. If you cooperate, I'd appreciate it. I'm sorry. So the county is aware of all the deed restrictions on the properties in Pebble Beach. We have to follow the regulations. Our regulations were adopted years ago about the use of private properties for issues like this where there's a conflict between the people that maintain or own the private roads and a land use that could be in conflict with that. And so we apply condition six to make sure that these are resolved. The reason why we can't just deny the permits and have to apply the conditions is our regulations do allow due process. So if one of the property owners wants to sue Pebble Beach Company and there's a court decision about that, we have to allow that process to play out. I don't know if that's going to happen on this one or any of the others that we've approved in Pebble Beach. But the gentleman is correct. It's not approved until the conditions are met. The condition specifically says they cannot operate until they resolve this issue with Pebble Beach Company. And if they can't resolve it, then this permit and the other permits that were approved will not be able to proceed to operation. So we've done what our regulations apply or require for us to do on these applications. And that's required that this be worked out with Pebble Beach Company. And if it can't be worked out, they have the opportunity to go to court to work it out. And if the court says no, then the permit's not going to move forward. So I've been asked several times by different organizations and individuals HAB-Jacques Juilland, Not to prove permits until the board figures out these regulations, these regulations were developed by the board over many, many years, as I talked about earlier and. HAB-Jacques Juilland, All this information that was presented today was before the board before they adopt the regulations is still allowed this. HAB-Jacques Juilland, i'll call it attention between double beach company and the property owners. to proceed in there because we have this process to work it out. And it allows due process. If the applicants feel like they really need to take this to court, then that might be the result of this.

And we have to allow that to occur.

So it is going to be my decision to find, I'm sorry, sounds like we haven't answered one of the other questions.

Yes, sorry, sorry, Administrator. To clarify, the county's vacation rental ordinance through Title VII does establish specific enforcement fees or fines for properties that are violating county code. Simply, they are a percentage of the advertised rate with maximums.

That was what I thought I recall that just want to make sure so thank you so so the fines are related to the rates that property charges correct. So it will be my decision to find that the project is categorically exempt and approve the use permit for the commercial vacation rental. John Potter, But some non substantive changes to the application. John Potter, Or to the resolution, I do want to make sure that. John Potter, The applicant controls the fire pit on this property so i'm going to add a condition that we. that that fire pit control operation plan be submitted to us. So we understand how that's going to work. So we'll add a new condition there. And we have some non-substantive changes to the resolution as well. And with that, the project is approved. Thank you. But can I ask a question? Maybe after the hearing, I've got a couple others.

I just didn't understand how it would be approved because it seemed like it's direct by

talk to you after the hearing. We've got two more applications today. PB, John Gerstle:" Our next application is PLN 250329. This is the 25691 North Mesa Drive in Carmel and PB, John Gerstle:" Whenever staff is ready, I'm ready.

PB, John Gerstle:" Good.

Good morning, Zoning Administrator Noble. My name is Marlene Garcia, the project planner for Alexander Application PLN 2503-29. The subject property is located at 25691 North Meset Drive in Carmel within the Carmel Area Land Use Plan. And it is zoned medium density residential with the maximum density of two units per acre and a design control overlay in the coastal zone. To provide some context, the subject property is located within the Carmel Unified School District and it's in proximity to local amenities, including restaurants, shops, and coastal recreation areas associated with Carmel-by-the-Sea and the Monterey Peninsula. The property is accessed from Highway 1 via a county-maintained road. Therefore, no additional documentation or conditions are required of the applicant. The applicants are requesting a coastal development permit for a commercial vacation rental to allow the use of a residential property for transient lodging for a period of 30 days or fewer. A total of five on-site parking spaces are indicated on the site plan. Parking requirements outlined in Title 20 require that a single family detached residential dwelling unit have two spaces per unit, which this application complies with as illustrated in the attached plans. The regulations and operation plan are in compliance with the applicable requirements for this existing 3,060 square foot single family dwelling, inclusive of five bedrooms, 3.5 bathrooms, a kitchen, living room, a great room, and attached garage. The property has a maximum nighttime occupancy of 10 people and a maximum daytime occupancy of 15 people at a time. These occupancies exclude infants between 0 to 12 months and are set for pursuant to Chapter 7.120, which establishes the requirements for a vacation rental operation license. The applicant submitted a certified home inspection, which was completed by a certified home inspector. The property has a local property manager who will be available 24 hours a day, seven days a week to respond to complaints or concerns that arise at the property. The property manager will be able to arrive on site within 30 minutes of receiving a complaint or concern. The operations plan provides addresses and contact phone numbers for the fire station, hospital, and 24-hour clinic. This information is also included in the informational notice to individuals staying at the property along with quiet hours and notification of emergency routes. A condition of approval number four prohibits the property from hosting corporate or private events unless the property has a separate entitlement for such use. The regulations for CVRs allow up to 118 commercial vacation rentals to be approved in the Carmel Area Land Use Plan. Pursuant to Title 20, Chapter 20.64, if this application was to also be approved, this would be the 31st approved application in the area. In conclusion, the staff recommends the zoning administrator find the project categorically exempt pursuant to section 15301 of the CEQA guidelines and grant a coastal development permit for a commercial vacation rental operation use based on the presented findings and evidence. This concludes staff's presentation and I'm available for questions.

Thank you. I don't have any questions on this one at this time, so I'll open the hearing. Is the applicant present, please?

I am present. This is James Alexander.

Yes, did you have any comments you wanted to make, Mr. Alexander?

I'd like to start off by thanking Marlene for all her work in getting us to this point. I appreciate the opportunity to participate in the meeting and your consideration of our application. I would like to say that we've owned this property for seven years or eight years, excuse me. We strive to be good neighbors and we'll work tirelessly to ensure our guests take great care of our property. That includes maintaining our home and minimizing noise while we remain in compliance with all Monterey County rules and regulations. Other than that, I think our application speaks for itself. And again, thank you for your time.

Thank you, and you'll be able to respond if anybody, if any of the public testifies today, you'll be able to respond to their testimony. Is there anybody else? Sorry. Is there anybody else who would like to speak on this application? This is the 25691 North Mesa Drive. Yes, sir.

Yeah, Dave, can you hear again? Yeah, this is a similar application to all the other ones. rentals. I'm not sure if Carmel has a deed restriction, but if they do, to rebut what Fiona said, that the county doesn't enforce CC&Rs. Nobody's asking you guys to enforce CC&Rs. We're asking you to enforce unpermitted commercial vacation rentals.

CC&R is a responsibility of the agency that issued the CC&R. It's not an enforcement issue. It's a recognition issue.

The county should recognize when a property has a deed restriction, they should honor that. Not enforce it, just honor it. The fact is, if you have a deed restriction that says you can't have a commercial vacation rental, you can't have one unless you change the deed restriction. So change the deed restriction, but don't violate the deed restriction by acknowledging and accepting commercial vacation rentals when they're not allowed on the property. It's pretty simple. You guys honor the deed restriction that doesn't allow use of private roads by requiring a condition that the applicant comply with that and get approval from the Thelma Beach Company, in this case, who has the ownership of the private roads, but you can't enforce the other deed restriction. Not enforce, but recognize the other deed restriction of not allowing commercial vacation roads. It's confusing it doesn't make sense of this at the same issue applies for this property. I would have the same opinion about it and it's not an enforcement of ccnr is it's a recognition honoring and accepting the facts that everybody has. On the property when they buy it there's a restriction you got on the restriction or change the restriction don't ignore it.

Thank you. Anybody else like to speak on this application. Seeing none, Mr. Alexander, did you want to respond to that at all?

Well, honestly, I'm a bit confused by the statement. This home is not in Pebble Beach. This home is not bound by any CC&Rs. And I'm not aware of any deed restriction to which the prior speaker was referring to. I'll leave it at that. Thank you.

John Pimentel, Thank you. John Pimentel, When I close public hearing to stuff have anything else to add. John Pimentel, Okay, just for clarity say for Mr Alexander that yeah those those deep restrictions are in pebble beach and we're not we don't know if you have any other deep restrictions on your property but. we are aware of the ones in Pebble Beach. So it'd be my decision to find that the project is categorically exempt under the California Environmental Quality Act and approve the Combined Development Permit for this property. Sorry, Coastal Development Permit for this property with some non-substantive changes to the resolution. Extremely minor, actually. Most don't want to deal with it. And with that, the project is approved. Thank you. Thank you. Our next item is PLN 260080. This is an application 26200 Scenic Road in Pebble Beach. I'm sorry, not Pebble Beach, in Carmel. And this staff can give me a minute to open my hearing items. Okay, whenever you're ready.

In my name is initiative or no, though my name is Jay Mason and I will send the staff support on PLM to 60080 seabirds. This application is for commercial vacation rental operation use three coastal development permit located at 26200 see scenic road in Carmel within the Carmel area land use plan. The subject property is split zone, medium density residential with a maximum density of two units per acre, a design control overlay and a structure height limit of 18 feet and resource conservation with a design control overlay in the coastal zone. The existing 4,720 square foot single family dwelling has five bedrooms with blue stars on the screen, three bathrooms, a kitchen, a living room and an attached garage along with six onsite parking spots, which are outlined in red on the screen. CVRs must comply with the parking requirements of Monterey County Code, and as such, single family dwellings are required to have two spaces per unit. This project exceeds the requirement by four spaces. This property will not lose the existing residential character. And the county prepared an FEIR for the vacation rental ordinances project, which identifies regulations that were developed to ensure compatibility with the existing residential uses. The objective of the regulations is to preserve the residential character of the neighborhood. The property has a maximum occupancy of... sorry, maximum nighttime occupancy of 10 people and a maximum daytime occupancy of 15 people. These occupancies exclude infants between zero to 12 months. And the applicant submitted a certified home inspection, which was completed by a certified home inspector. The property has a local property manager who will be available 24 hours a day, seven days a week to respond to complaints or concerns that arise with the property. The property manager will be available to arrive on site within 30 minutes of receiving a complaint or concern. The operations plan provides addresses and contact phone numbers for the fire station, hospital, and clinic. Although CHUNK does not meet the required emergency response times, Cypress Fire Protection District provides advanced life support and a paramedic staff to provide emergency medical services, and both fire and medical services are available at various times of the day. This information is also included in the informational notice to individuals staying at the property, along with quiet hours and notification of emergency routes. Condition of approval number three prohibits the property from hosting corporate or private events unless the property has a separate entitlement for such use. The regulations for CBRs allow up to 118 commercial vacation rentals to be approved within the Carmel Area Land Use Plan, pursuant to the Monterey County Code section in blue. If approved, this would be the 32nd approved commercial vacation rental in the area. And the proposed CBR complies with Monterey County Code regulations and standards and is consistent with the MDR's ending designation. Public comment was submitted to the county with concerns of noise, parking, neighborhood compatibility, and CBR regulations. The property must comply with noise control regulations under the Monterey County codes, sorry, must comply with noise control regulations and the operator could face escalating fines if they do not comply. The proposed CVR demonstrates adequate onsite parking exceeding the two spaces per unit requirement. And the proposed CVR complies with Monterey County code regulations and standards and is consistent with the MDR zoning destination. Therefore, staff recommends the zoning administrator find the project categorically exempt, present to CEQA guidelines section 15301, and approve a coastal development permit for the commercial vacation rental operation use to allow the use of a residential property for transient lodging for a period of 30 calendar days or fewer. This concludes staff's presentation. Staff is available for questions.

Thank you. Usually don't have an application right on the water like this. I just want to make sure we've looked at this for potential public access requirements under the Coastal Act.

They do have a nearby trial access point.

On this property or just nearby? Near the property. Okay, so there's none needed on this property. Okay, very good. All right, I'm going to open the hearing. Is the applicant present, please?

Good morning, Zoning Administrator Novo. My name is Kurtz Gorla, agent for this application. I'm here in support and happy to answer your questions. I want to thank Jason and county staff for their review. This home has been in the same family for three generations, more than four years. Improving this permit allows the family to share it responsibly and help offset the real costs So it can be stewarded for generations to come. It also provides a unique opportunity for visitors to experience this part of the coast and Carmel. It's just right next to Carmel River State Beach, just down the road. The property will be professionally managed and locally responsive to prioritize the the Carmel area cap as the 32nd approved rental. On the condition number six, building finals, the only remaining item is installation of handrails, which the contractor expects to complete within about three weeks, which the project will still be within a period of that time and gives them plenty of time. So well before the permit will be recorded, I accept to answer any questions.

I don't think I have any questions. I was going to ask you if you have any response to the neighbor's letter, but you've covered those issues. So unless you want to add anything else.

Yeah, there's adequate parking and the construction is nearly resolved and the majority of the construction is pretty much done. So they should see a much quieter experience.

Thank you. Is there anybody else that would like to speak on this application? 26200 Scenic Road in Carmel.

I just wanted to introduce myself, Katie McAllister. I'm the property manager with Carmel Realty Company that will be working on the vacation rental for this home.

Thank you. Is there anybody else like to speak on this application? Brett KenCairn, Then i'll close public hearing. Brett KenCairn, stuff have anything else to add. Brett KenCairn, All right. Brett KenCairn, be my decision find that the project is categorically exempt under the California environmental quality act and approve a coastal development permit for a commercial vacation rental this property subject to some non substantive changes to the resolution and with that the project is approved, thank you. Our next agenda is other matters. We do not have any others for today, so I'll adjourn at 1039.