Good morning, everybody. Welcome to the zoning administrator hearing for Thursday, August 13th,
2020-26. We are conducting the meeting, so hybrid meeting with some people in attendance and person on some people participating by Zoom.
If you are participating by Zoom, if you can keep yourself muted, that would help eliminate any background noise. We'd appreciate that.
And if you want to be recognized to speak, if you're on a phone, you can use star 6 to mute on mute yourself and start an eye on the raise and lower your hand.
To be recognized and if you're on a device, you can use the raise hand function under the reactions tab.
To be recognized and speak, and then the microphone icon to turn on and off your microphone.
But with that, we'll proceed with our agenda today. Our first time is roll call. I might know where I think today is.
Under your administrator, we have representatives in public works for a client, Ireland, long cut.
Do you have anybody from environmental help today?
Yes, I see current out. Thank you.
And we do not have anybody from environmental services based. That's our staff present for today's meeting.
Our next item is public comment. If anybody would like to speak on the topic that is not on today's agenda.
Now, be the time to raise your hand and be recognized to speak.
Seeing that, I'll close the general public comment period.
And we'll move on to our next item, which is agenda additions to lesions and questions.
Madam Secretary, do you have any such items for today?
Yes, we did receive correspondence for the following items. I'm sorry to interrupt.
I didn't have a public comment.
Okay. Well, let me back up then. Let me finish this item. We're on. I'll go back to public comments.
I'll be right with you. Go ahead.
Okay. So we did receive correspondence for the following projects.
PLN 2 5 0 3 2 6, PLN 2 5 0 3 1 5, PLN 2 5 0 3 1 6, PLN 2 5 0 3 1 9, PLN 2 6 0 1 3 5, all correspondence was received and was over to the zoning administrator as well as all interested parties.
All right. I received it all and wrote it all. So we'll go back to public comment. I see and go ahead.
Yes, thank you. My name is Anne Rogers and I live on Riyada Road.
I wanted to make a public comment because I'm just becoming aware of the number of vacation rentals that are being applied for and pebble beach.
And two of the issues that I wanted to address were the concentration.
I'm going to ask her of homes that are going to be on our block of Riyada Road and the block behind us on facing Oliada. There are three homes to them border each other.
The other one is one house over. So we're concerned about the impact of having three vacation rentals all in basically one area one block of pebble beach.
And it's the safety issues and all the parking and everything else that goes on for each specific home.
The other thing at it. So we're asking that the impact of this be considered. I realized zoning administrator may not be able to do that, but we would like I would like to publish with my objection to that.
The other thing is this whole campaign to set aside the deed restrictions and some of the other
requirements and pebble beach pebble beach has not come down to any of these what I can tell not can don't any of these applications and they're not going to
Give any permission for private roads.
This is the part I think I find most frustrating because basically we're going through this process.
These people will probably get a license and then they're not going to be able to
obtain a license because they can't get permission from pebble beach, which means there's going to have to be either litigation or some kind of legislation or ordinance.
In the meantime, the community is being forced to come forward to fight over something that may or may not be happening and I find it's a terrible waste of my time.
My neighbors, it's creating friction we don't need because we have all this uncertainty.
And between the residential use, commercial use and the private road, all this has to be figured out we haven't asked for this problem, but it's being brought to us and I'd like the county to get it resolved.
If the zoning administrator would either put a moratorium or suspend these hearings until we get something that's more resolved in terms of what the circumstances are what vacation rentals are going to be allowed.
And I also notice that there's real rush here, apparently there's only 57 homes that are going to be able to be used and pebble beach and apparently at least we've got a couple of right on our blog.
So I don't even know what the requirement level is going to be for who qualifies and when and what's a cluster and what's not.
Thank you.
I'm going to be able to speak on the public comment.
In birds from.
If you see this in bird from 1457 we are the road and I'm speaking on behalf of a couple of my neighbors as well.
I echo what was just said.
Totally agree.
Thank you.
This is.
Anybody else I'd like to speak on the general public comment.
Yes.
Thank you.
So my name is Carolyn Graving I live on Crest Road in public beach and.
Car week provides a clear example in the risks presented by the current short term interactivity.
The many hotel down the street currently has eight vehicles on site with additional vehicles parked in the rear and overflow on the adjacent property.
It lookable facts and governing will support one conclusion.
These permits are inconsistent with the protections established preserve residential quality of life.
They appear to conflict with the Del Moni land use plan and the covenants conditions and restrictions to which property owners agreed when purchasing property in this community.
Povell beach retains the authority to deny access to these private roads and has consistently exercise and reaffirmed that at board.
It's deeply concerning that county is committing owners and property managers to operate without fully executed permits and fruble.
The county would not even allow property owner to commence demolition for a marine model without a permitted permit.
Likewise, it's not permit a commercial lodging to use or operate without all required authorizations in place.
Even an IRS recognizes these enterprises as commercial undertakes.
For every one commercial vacation rental in the neighborhood asking for a permit.
There are at least five in a two block radius in plain sight outside the permitting process.
If the county series about the housing crisis in this area, a more restrictive plan must be put in place with clear rules and serious enforcement.
I advocate for following something along the lines of San Jose or a Wahooay is examples of clearer and stricter ordinances.
It's a very least these businesses should not be able to operate until the permit is absolutely complete.
And honestly if an owner is found to be operating one without a complete permit, they should not be allowed to apply for one ever again.
Thank you very much.
Thank you.
Any other comments on the public comment?
My name is Stephen Grieding.
I'm also living 4104 Crest Road.
My biggest concern is over the past three months are actually about four months.
I've been in contact with a very a lot of the departments here at the county be a phone.
I've talked to the permitting department. I've talked to the code enforcement department.
I've talked to the administrators or to the the people who who are listening together.
And I've come up with the consideration that first of all you only have two people in code enforcement.
We're all of Monterey County.
Monterey County is the eighth largest county in California.
You have two people doing their job.
There's as a whole month ago, maybe you have more now.
But I think two people is not enough.
Okay, so you have two people enforcing codes.
I continually put in my request for code enforcement.
And it keeps on getting closed.
I don't really know why.
I'm supposed to be the one calling in asking why they're closing it.
Asking what they've done.
Don't really get any answers about that.
Talking to the permit people.
They know that this is a problem.
They know there's problem with people not putting in information on the timely manner.
They've had meetings on this.
They told me this.
But yet nothing gets done.
So I think what I would like to see done is that a ordinance be revised to where you need to provide all the documentation of.
We'll use permits of deed restrictions of CCNRs that before you even apply because that's a much easier way to then say,
Are we going to go through with a permitting process instead of giving them a permit and then asking for that information afterwards.
Thank you.
Anybody else want to speak on the public comment.
Yeah, I would.
I'm Sharon Lagana and I live on Laurel Lane.
And this has been an ongoing issue.
It seems that it's pretty clear that if we have deed restrictions on our properties that they should not be allowed to be used for commercial use.
I personally am a senior.
Single woman who lives next door to one.
And it's getting very scary for the fact that when there is a violation.
And this is one that you approved on July 9th.
There have been seven violations at that point from that point till till today.
And I get emotional about it because I'm tired of calling.
And having no support from when there is noise when there are people next door when they are running their fire pit.
And it's right outside my window and I am now being forced to open my bedroom window and yell at people to keep the noise down and to control it.
I now live next to a hotel.
I did not intend to do that when I purchased my property and I'm afraid.
You really need to listen to your the residents here and I think you're not.
Thank you for listening to me.
Thank you.
I'd like to speak public common parents.
Yes, I would.
My name's Kirk Thorberg.
I live at 1318.
Channel away.
Right next to one of the applicants fear.
Reading over the stuff.
You have.
Stayed at there are no exceptions.
Person went to 15300.
Two.
Are you of state?
I don't know.
I'm speaking at every single one of these things.
That is a statement that you're using to allow these permits.
There are 22 identified.
Short term rentals in my area.
Supposedly within a two block radius of my area.
Thank you.
One of these things, that is a statement that you're using to allow these permits.
There are 22 identified short-term rentals in my area, supposedly within a two-block radius of my area.
And the most of them are not permitted until you know what is operating.
You cannot state that there is not a significant impact on my property by adding another one here.
But you cannot use 15300.2 to justify allowing a new rental because you don't have the enforcement or the knowledge to state that this is not an impact.
Anybody else like to speak on this general public comment?
Yes, I would agree. My name is Scott Chaplin. I'm an owner's representative representing view homeowners in the area.
It's not the appropriate area for inclusionary zoning. It's not a commercial zone.
It's a solution to Monterey's housing problem presented by turning apple beach into an area where there are hotels.
Wasn't the intent when they were built?
It's missing a lot of people that have an art building there.
And the traffic flow is getting worse and worse at stangers. So I'm hoping you'll thoughtfully consider it.
Thank you.
Anybody else like to speak today in the public comment area?
Anton, go ahead.
Anton, you can unmute yourself.
Yes, you are good.
Well, they've lowered the hand. So, not sure what the issue is.
Anybody else like to speak on the general public comment area?
Seeing that, I'll close the public comment area.
When we go on to our next item, which is acceptance of minutes, we have the minutes from July 30th.
Are there any comments from anybody on the July 30th?
I'm sorry. This is Anton. I wasn't able to unmute myself.
Can I just have a moment?
Yeah, let me finish the item I'm on and they'll come back again.
All right. Thank you. Sorry.
All right.
Any comments on the draft minutes?
Okay.
May be my decision to accept the minutes of July 30th.
And we'll go back to public comment period. Anton, go ahead.
Thank you for your time.
I live on 4132 Crest Road also.
And it's been a family home for 68 years.
And it has been a kind of a refuge and a safe place.
And I have, I live in two doors down from an Airbnb last night, 1130 at night.
There are people out front making big noise, screaming 130 again.
And I have two little grandchildren that it's frightening for them.
And I'd like to see us really take a very deep look at this.
Because when this property was purchased, it was for the serenity of living in public beach.
And it looks like our rights are being infringed on, infringed on.
So if just like for you to take a very close look and limit the number of these kinds of rentals.
Thank you.
Any other public comments?
All right, I'll close it.
I'll close it.
Yeah, I mean, I feel like to a meal.
I just don't want to repeat what everybody said.
I was just like, we with what aunt and when we moved to this place,
the same reason as aunt and was moved.
And now I'm living next to a couple of them at a two o'clock in the morning.
They're still talking around the fire pad.
And it's very disturbing.
You know, it's just not, it's not the place that you move to anymore.
I don't want to repeat anything else.
I agree with everybody what they said.
Thank you.
Did you get it, honey?
It was Nina.
I didn't get the last one.
Okay.
Last chance.
Anybody else for public comment?
All right.
So, you know, moving to scheduled items next,
you'll make a little few comments about commercial vacation models first.
So, today's hearings are related to commercial vacation models.
I think all of you are aware.
As some of you may know, the Board of Supervisors who adopted vacation model regulations over the last couple years.
And the county is processing numerous applications.
The county's process of adopting the regulations occurred over many years
with extensive public participation.
The Board of Supervisors in intent was to strike a balance that allows
Monterey County to benefit from the tourism economy.
We'll also minimizing loss of long-term housing and ensuring that residential
neighborhoods are protected from potential social and
behavioral impacts of vacation models.
Part of the Board of State termination was that the community is better served by having
limited while regulated vacation model uses rather than
ongoing illegal rentals.
To achieve this balance, the Board placed a maximum limit of 4% of homes for
uses commercial vacation models in the county planning areas.
The regulations ensure that each side is managed and responsible to respond
to any issues.
In addition to the zoning regulations, the county coding includes regulations
in Chapter 7.120, which includes among other requirements,
prohibitions on outdoor amplified map sound and requires a sign
reposted as a visible location along the street that provides
the property manager 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 several applications
today in Pebble Beach area.
The recently adopted county code does not prohibit commercial vacation
rentals within Pebble Beach, but does have requirements for
regard to use of private roads.
After the Board's adoption of the vacation rental regulations, the county
received a blanket of jet and vacation rentals from Pebble Beach company,
which controls the private roads within that community.
Applicants need to be fully aware of Pebble Beach
companies' objection to allowing access to its private roads
for commercial uses of housing.
And response to this, the county is processing permits
with a condition that's a private road issue.
Must be resolved at a top of each company prior to beginning
the commercial vacation rental interest.
So I did have one question of staff.
I know there's an appeal at the Board of Supervisors
do we know when that's going to be heard or hasn't heard yet?
The item that's been appeal to the Board of Supervisors is going on this upcoming
Tuesday the 18th, but it will be continued to August 25th.
Okay.
Thank you.
So with that, we'll go ahead and go into our agenda for today.
Our first item is PLN 250326.
This is for a commercial vacation rental on Rihada Road in Pebble Beach.
And we'll turn it over to staff to make a presentation.
Thank you.
Sorry.
Good morning, Zoning Administrator Novo.
My name is Emani Hurgen and I'm the Project Planner for 250326 Wells.
Sure.
The proposed location for the commercial vacation rental is one for four one Rihada Road in Pebble Beach.
It is subject to the County of Monterrey County Code as well as the Del Mon� Forest land use plan.
The planning area is the Del Mon� Forest land use plan and it is owned LTR 1.5.
So low density residential was a gross density of 1.5 acres per unit and a design control overlay in the coastal cell.
And the image on the left there is the subject property of the Audit Road.
And then in the image on the right it is the potential pathway to 17 mile drive and this surrounding neighborhood.
The subject property is in a residential subdivision within Pebble Beach.
The public.
The existing single family dwelling is 3482 square feet.
There are five bedrooms five bathrooms and the applicant is proposing five on site parking spaces.
The applicant is posing an overnight occupancy maximum of 10 guests and a maximum daytime occupancy of 15 guests.
For overnight guests infants between zero to 12 months are excluded from the overnight count.
The count of 10 overnight and 15 daytime guests does comply with county code regulations for maximum guests occupancy.
The applicant also supplied a home inspection checklist that was certified by the licensed California contractor.
The applicant will have to post an informational notice for guests as well as the public that includes contact and address information for emergency services.
Because the property is within Pebble Beach and adequacy response time of five to eight minutes is required for both fire and the nearest 20 hour emergency medical.
Pebble Beach fire station 22 is approximately three minutes away and child is approximately 10 minutes away.
So it does not comply with county code.
However, the Pebble Beach fire station does offer 24 hour advanced medical and life support.
Information for the local property manager, promo relative company will also have to be provided.
Their addresses at seven to lower street was approximately nine minutes away from the property.
Therefore, they can respond to any guest or neighbor concerns within the 30 minute required response time.
Also condition three has been applied to the property which prohibits the use of the property for special and private events.
The del morning forest land use plan allows a maximum of 57 commercial vacation rentals not to exceed the 4% maximum for the whole entirety of the del morning forest land use plan.
If the broom this would be the fourth commercial vacation rental.
The subject property is accessed through reorder road, which is a private road.
Therefore, private road regulations in chapter 16.80 are applicable.
There is language within the deed that constitutes a private road and maintenance agreement.
Therefore, it is classified as a tier 4.
Pebble Beach company, the governing structure was notified of the project and objected to the use of reorder road on the entire language contained within set agreement.
Although the property owner has right to access, there is subsequent language regarding the provision of trades and businesses on a residential property.
Therefore, staff considers the objection from Pebble Beach company a substantive dispute.
And as condition of property to resolve the prior dispute to prior to commencement and continuing of the use within 60 days of approval.
Staff would like to clarify the language in the access evidence with the resolution and finding one as presented.
Staff is also aware that there are several public comments from neighbors about the character and security of the neighborhood,
for pedestrian, site line, traffic, congestion, noise, parties and as previously stated for fire hazards.
The property is being conditioned with condition number three is previously stated to address noise, parking and other just use calls by parties and special events.
Also, condition number five requires that the applicant and the all standards in chapter 7.120, which again prioritizes enhancing the community.
The character as well as public safety and prohibits the use of outdoor fire pit.
As well as the need to be complied with in satisfied with all conditions prior to commencement of the use.
In a staff's recommendation that zoning administrator know will find that the project qualifies for a class for an academic or a goal exemption, pursuant to seek a guideline section 15301, and no exceptions under section 15301 to apply, and approve a coastal development permit to allow commercial vacation rental to allow views of the single-family dwelling, for transgan origin, for a period of 30 calendar days.
Thank you. Thank you. That concludes staff's presentation and staff will be present for any questions.
Thank you. The operations plan on this one does include a maximum of 11, but our code only allows 10.
Do we need a condition that the operations plan be amended before we, while I guess not a condition, but do we need to amend the operations plan since it gets adopted and attached to the resolution?
Do we need a corrective plan before we set out the resolution? How would you like to enable?
Yes, we will request an updated operations plan to respond to the first occupancy count.
Okay.
I'd like to open the hearing as the applicant present for item one, please?
Yes, I am.
Your head, if you can state your name for the record and let us know any comments you have?
Well, and this is my partner Liz. We didn't buy the property as a rental property. We bought it as a retirement property.
Unfortunately, we've been delayed getting into it because my aunt has Alzheimer's and anybody who knows anything about the disease knows that they can't change their environment very easily.
And so we've been delayed getting in. We rent the property exclusively through Carmel Realty.
So there's no need for any Airbnb or any such high volume. The property rents roughly about 20 to 25% of the year.
And of course, we'll comply with any regulations and restrictions.
In terms of parking, the property has plenty of parking on of his own.
I totally respect being able to get access to and from the entire street.
So we obviously support that.
In terms of noise, we have nine security cameras run the house with basically sound.
So we know exactly when the sound volumes exceed a certain limit.
So in terms of the way that we operate the property, it's basically a bought for a retirement home.
And that's the way we treat it. We spend a lot of money upgrading the property.
And people who who look to try and maximize something like this is a business don't entertain that kind of thing.
So anyway, I totally respect the emotions, the feelings and the concerns that some people have.
But the reason we rent it through Carmel Realty is because they get the highest quality of people.
The people who rent our house, there's two people who play for the rider cup US team.
There's a gentleman who attends car, we who actually want it.
So the level of people who rent our property is extremely high quality people.
And so their behavior is exemplary.
So it's an equation.
Do you understand or did you receive all the correspondence that was submitted on your application?
Yes, I did.
Yes. So did you have any additional comments for respond to your neighbors?
We will abide by all of the regulations and here to all of the policies that are put into by the counting.
And you understand the issue with trying to resolve the private road issue with Pebble Beach Company that you can't operate until that's resolved.
We understand that.
Thank you.
And you'll have a chance to respond after public testimony on your item.
So please stay on the line.
Anybody want to speak on this application at 1, 4, 4, 1, we ought to road in Pebble Beach.
Can I say something about carmel Realty?
You can say something about this application.
Okay. Well, when can I speak about carmel Realty and their practices?
You can speak about this application.
Because they brought up carmel Realty.
I'm going to speak out.
Do you want to say your name?
I'd like to say even grieving.
I know I'm talking a little bit about carmel Realty.
That on their website they represent quite a few properties in Pebble Beach that aren't even in the permany process.
So I just want to let you know that that's an issue since Carmel Realty was brought up.
That's they're not the only ones.
There's quite a few other property management companies that represent houses or rent short-term rentals that are not in the permany process.
And I'll be happy to share the address with you guys.
Should you need it?
And I've also sent in a CE complaint on that as well.
Anybody else like to speak on this application at 1, 4, 4, 1, we ought to road.
Go ahead, Anne.
You need to unmute yourself, Anne.
Anne, we can't hear you and you need to unmute yourself.
Okay.
I'm back.
Anne Rogers.
I live at 14, 18, Rihada Road.
I'm the process street from the Wells.
Mr. Well and the partner and it's nice to meet you.
I haven't met you out on the street.
Unfortunately, this application is going to be for seven years.
I don't know.
I feel badly about what's going on with your aunt.
But it's going to be a commercial operation for seven years if you get the license.
Certainly you have the right to.
And I'm sure that the other people who want rental applications would like to have yours.
If you're going to give it up later.
But again, I spoke to parking.
I spoke to pedestrian traffic and safety on the in my letter.
I also would note that the aerial does not show any of the elevations.
And that's a really issue on our street in terms of safety.
It affects sign of light, fight, and other issues.
Again, enforcement and regulation.
We don't really have anything going in the county that makes me feel at all confident.
And of course, today's comments don't improve my opinion of what kind of enforcement is going to be available.
And again, I would say that this limitation on the private roads.
It's a huge issue.
I don't know what carmel real tick position is on this.
I know that there are other vacation rentals that are representing people on these things.
And until we get this result.
We're.
It's it's still born this license.
And it just I'm very frustrated with the entire process.
Thank you.
Anybody else like to speak on this out.
I have a point of clarification.
My name is Carolyn Grieving.
Did I hear you correctly say that they cannot operate until the dispute over the private road has been resolved.
I'm not that's what you said.
Correct.
Yeah.
Okay.
The conditions require that they meet the conditions prior to operation.
Okay.
So if they have people stay in there this week for car week, they are in violation.
It's not quite as clear because it's part of the ordinance that was adopted by the board.
They allowed a grace period.
Okay.
For people that are in the process.
Okay.
That we're in a process by a certain date.
Okay.
And so if they are in that grace period, then they are allowed to continue.
Okay.
So it depends on when they applied.
And where they are in the grace period.
And I don't I don't know on this one.
But there are ones that are in the grace period.
Okay.
And then they have 60 days to resolve the private road issue.
If it is not resolved in the 60 days, what happens?
Okay.
We'll talk about that a little bit about how to respond.
Okay.
Appreciate it.
Okay.
Anybody else want to speak on this application?
All right.
We'll turn back over to the applicants.
Does there any responses you wanted to make to testimony today?
I guess the only thing I'll say if I'd be happy to put into the contract that nobody who
rents my property has the right to park in the road.
You have to park on the property.
Thank you.
I'm going to close the public hearing.
The staff have anything else to respond to.
I'd like to get a response on the.
We do have in condition six about the 60 days.
So how does that play out?
Yes.
So through the zoning administrator and the supplies to all conditions and even to obtain the license.
If the applicant does not receive or clear those conditions within 60 days, then the license would be denied.
Operations would have to cease.
And then they would have to reapply again once they're ready to clear those conditions.
In this case, resolve the dispute that's outlined in condition six.
I just want to clarify and then would recommend some changes to the condition.
This application did not apply during the grace period.
That's allowed for the postal zone.
So therefore staff is recommending that condition.
Two.
Five and six.
Be clarified to say prior to commencement.
There's language in there that says or continuation of use and staff elect to strike that language as they're required to clear these conditions prior to commencing.
Should any operator.
Commence of occasion rental.
Not in a part with the regulations or.
Not clearing these conditions are obtaining the appropriate license and code enforcement violations under fines would be subject to them.
Okay, so one be clear.
So the license you're talking about is not the permit we're issuing here.
That's the license through the other part of the county code.
Correct.
Can you explain that for the public?
Yes, of course.
Um, vacation rentals have three types.
We have a home, say, limited in commercial.
Commercial vacation rentals are required to get what's called the discretionary entitlement.
And that's what's going before the zoning administrator through this process.
It's called the coastal development permit or use permit to anywhere you're located.
Once that is obtained, then the applicant has been required to still get a vacation rental operation.
License through our front counter.
Um, regardless of whether or not you need just the license or just the entitlement.
You're still required to have one or the other either prior to commencing or if you apply during the grace period.
Um, you're have to diligently pursue those items to continue.
Okay.
I think that's.
Well said.
Yeah.
I think if I have any questions about that, but.
Um, so we will need to for those that are not in grace period, we'll have the conditions signed up that.
They can't commence operations, so I mean all the conditions.
Okay.
Anything else moves down.
Yep.
All right.
So I know, uh, there's a lot of.
Consternation about the regulations and about the.
What's happening out there in the real world with few folks.
What's happening in your neighborhood.
Um, as I said earlier in the board felt it was better to have a well regulated.
Uh, set of commercial vacation rentals than the illegal ones were talking about.
So we can wait.
So I'm hearing about since there are no permitted.
Legal operations and couple beach currently.
These are all illegal ones.
And so we think that having a well regulated set will provide a better opportunity for us to make sure these people comply with the regulations.
Then having to deal with all the illegal ones.
So it will be my decision to find that the project is exempt from California.
All of the act and approve this cost development permit.
Seventy to the findings recommended by staff.
With a non substantive changes to the resolution.
We'll amend the operations plan to reflect that there's a limit of 10 people.
Um, for overnight on those properties.
And we'll make the amended amendments to conditions to five and six reflect that they must meet all the conditions prior to operations.
Thank you.
Moving on to our next scheduled item is PLN two five zero three one five.
This is for commercial vacation rental three two four five.
The real road and the double beach.
Next up.
You may have to open my hearing items.
I appreciate it.
Two of these.
Okay.
I'm ready.
Thank you.
Good morning.
I'm getting a mystery or novel.
My name is Jack Sormson project planner for PLN two five zero three one five.
Which gone field.
This application is for commercial vacation rental operation use through a coastal development permit located three two four five.
A compile lane in pebble beach.
To clear the rent remote in pebble beach within a Delmani forest land use plan graphic property is our low density residential 1.5 acres per unit and a design conclude only an Acros still.
The existing two story single family killing that's four bedrooms for bathrooms a kitchen dining room family room and two living rooms while six onsite parking spaces.
CBR's most comply with the parking regulate requirements of section 20.58.040.
Part 2 space is pre-unit. This applicant exceeds this requirement by four spaces.
The property has a maximum nighttime occupancy of nine people and a maximum daytime occupancy of 13 people.
These occupancies exclude infants between 0 to 12 months and are set for pursuant to chapter 7.1 to 0, which establishes the requirement for the vacation rental operation license.
The applicant submitted a certified home inspection, which was completed by a certified home inspection.
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 for a concern.
The operations plan provides addresses and contact phone numbers for the police station, fire station and hospitality.
This information is also included in an informational notice, the individuals saying that the property along with quiet hours and notification of emergency routes.
Condition number three prohibits the property from hosting corporate or private events unless the property has a separate entitlement for such use.
The regulations for commercial vacation rentals allow to 57 vacation rentals to be approved in a DelMani forest land use plan for civil and CC section 2064 to 90 if approved this would be the fifth approved commercial vacation rental DelMani forest land use plan.
The property is accessed through conveyor road private road therefore subject private road regulations the original deed contains deed restriction language.
They can be interpreted as the private road agreement and the private road maintenance agreement therefore the project is classified as the tier forward.
Company the governing structure was notified of the project.
And if you have to to the use of a private road based on the entire language contained within the agreement although the property owner has the right to access their subsequent language regarding the prohibition of trades and businesses on residential property.
Therefore staff considers the objection from level of each company a substitute as a substitute of dispute.
Staff recommends condition number six the states.
The resident shall resolve the dispute prior commencing or continuing the use within 60 days.
Staff would like to clarify the language in the access evidence within the resolution in finding one.
As presented today.
The county prepared an FER for the vacation rental ordinance project and the FER did not identify any significant impacts for CVRs up to the cap specific for each planning area.
The FER identifies the regulations that were developed to ensure compatibility within the existing residential uses.
The objective of the regulations is to preserve the residential character of the name.
The FER identified potential negative effects including new sense issues such as noise, traffic and parking.
These areas are addressed by enforced regulations outlined within our code.
Compliance with the emergency emergency response time is another measure to ensure safety and security is addressed.
The FER did not.
Did not find any significant effects for any other areas.
Therefore staff recommends that zoning administrator finds the project categorically exempt pursuant to seek a guideline section 15301 and improve a coastal development permit for commercial vacation rental operation used to allow the use of residential property for transient lodging.
For a period of 30 calendar days or fewer.
This concludes staff's presentation and staff available for questions.
Thank you.
I'm going to have to ask the same question on all of them.
So is this also either in the grace period or outside the grace period and if it's outside do we need to amend the conditions.
Yes.
Do the zoning administrator staff is for all the items on the agenda to clarify that for this particular project this was not by for during the grace period and therefore would request updates to condition number two five and six.
And clarify the language to state part of the commencement and remove the language or continuous continuous.
Continuance of use.
Thank you.
Once all the questions I have for now staff, so open the hearing is the applicant for this item present.
Good morning.
My name is John Johaniam with Sanctuary vacation rentals.
I'm the property manager for this particular home.
I'm happy to answer any questions we have.
Well, you've heard all the companies from your neighbors or the neighbors of the client today.
So do you have any responses on just in general.
I'd say that we are a professional property managing agency.
We've we're always on the up and up.
I'm always washing my phone is general manager of the company if there are ever complaints.
We address them immediately.
And I will say for all of our pet will be properties.
If not, I have one which you might as complaints at all in the entire town.
We've been doing visits there.
I'm not.
I'm not too late.
I'm not very sure.
Thank you.
You have a chance to respond.
And it's just.
Yeah.
Anybody else like to speak on this please.
Sorry.
I would just like to say.
I went to the reasons you haven't had a legitimate plane because because.
Just test for it.
There they're all running illegally with no post.
So when you're there's a karaoke party going on at one o'clock in the morning.
You have no idea who to call or who to complain to because they're all running illegally right now.
So I'd love to call.
But I know my the people that own the house live.
Elsewhere and our four hours.
Behind us ahead of us.
I'm not going to call them at one o'clock in the morning.
And there's no posting those to who's managing the property.
So there's nobody to complain to.
Thank you.
I think.
She's a screening.
We're just trying to get your name.
Oh, sorry.
Carolyn.
I can remember your first.
I'd like to speak on this application.
And see a couple hands on the zoom so as like it go ahead.
Yes, I live next to one of the properties that is managed by sanctuary property.
And I have to say that I called on numerous occasions about this property since the July 9th meeting.
And the last time I called, due to noise and fire pit usage, I was told that they had no record of anybody being in that place, that residence on that day.
And I said, well, that's funny. They arrived two days ago and they're still here.
So I'm just wondering how responsive they really are.
That's all.
Thank you. Sean Murphy.
Yes, I represent the applicants.
And I have a brief comment on the requirement for condition number six.
And I know these staff, as a matter of course, is imposing that, but I think that's erroneous in contrary to law.
So Title 16 references private road and with that incorporation staff and the zoning administrators requiring that they show they have access to a private road.
And the applicants have submitted their deeds, which was referenced in the staff report.
And the, the deed allows for use to the grantee, their family, their deaths, their attendance.
And it's not subject to any other conditions.
And I would point out that in the staff report, this is referred to as a restriction, that's incorrect.
It's a license. It is a license to use and by recording it, the Pebble Beach Company is granting an easement for the use of the private roads.
It is a right to use, it is not a restriction, at least not for the applicant.
And in looking at that language, staff says the plain language of this deed restriction, which is a license, gives the property owner access to their property as long as they pay $25 each January 1st.
That's it. There is no requirement in that language that you obtain additional consent. That is the consent.
By recording it in the county recorders office, they are granting an easement for the use of the private road.
And the applicant has demonstrated to the staff that the plain language gives them access.
That's all the required to do under Title 16 is show that they have a right to access.
Now, the objection is based on a different part of the deed, which is a use restriction.
That use is independent of the road.
Because that use restriction doesn't say, if you violate this, we can withhold consent to use the road.
That's not what it says.
If Title Beach Company thinks that it can prevent the applicant from using the property based on the deed restriction,
it should be incumbent on the Title Beach Company to go into court and get an order that says it can interfere with the use.
When the staff has said the plain language gives the applicant the right to use the road.
Not the other way around. And the county previously had a provision in the ordinance and a draft that would allow homeowners associations to object,
if they felt that there was a restriction in their CCNRs that prevented short-term rentals.
They didn't enact that. They removed it from the ordinance.
But by allowing Pebble Beach Company to object, the zoning administrator is in effect imposing that requirement which the county never adopted in the new ordinance.
It has given Pebble Beach Company cart blocks to interpret and apply its own restrictions, even though that interpretation is contrary to the express language,
and the county is accepting it, saying, fine, homeowner, we're going to put the burden on you to go to court to show that Pebble Beach Company's interpretation,
which is contrary to the express language of the deed, is not valid.
And the last point I want to make is the county has rightly said, we're not going to wade into disputes between private parties, but that's exactly what it's doing.
It is taking the side of the Pebble Beach Company that it's interpretation of its deed restriction gives it a right to object to the use of the road, even though the agreement expressly says they can use the road.
And by getting on that right, you are taking their position, if not intentionally, at least implicitly, when what the county should say is Pebble Beach, this license says they have right to use the road.
If you think you can stop them, you go into court and you get a judge and then we'll see what the judge says, but otherwise they have demonstrated that they have a right to use the road by virtue of the license that you granted in the recorded deed.
I have nothing further.
Thank you, Mr. Murphy.
Did anybody else like to speak on this application?
I just want to respond, can I respond to him?
You can testify about this application.
Doctor, about this app like well, I'm just going to respond because he was able to say.
But he received grieving again.
Resident Pebble Beach 30 years.
And I just want to read for, I think this guy's probably a lawyer.
So I'm not, and God bless you, you know, you know, much more about this than I do.
But let me just say something that kind of hit me.
You said in the very beginning, it's road uses for family, friends and tenants.
Okay.
I live in Pebble Beach.
My family and friends come to me because I live there.
I call that to the gate.
I say, I want my friends to show up.
They are able to go there for free.
So I live there.
You say for tenants.
I have no problem with tenants when it's more than 30 days.
I don't think anybody has problem with renting out long-term.
This is all about short-term.
This is about people using our roads as they want whenever they want without anybody being at the house.
Thank you.
Anybody else like to speak on this application?
Seeing none, would you like to respond?
Strong, yeah?
Two, I didn't catch her name.
There were ladies comment earlier.
She stated that she had called and asked about guests that were staying in the home and we had no record of that.
I don't know how that would have been possible.
Nothing like that has ever happened that I'm aware of.
The only thing I could think of is if the homeowners were in the home.
We're in the home using the house themselves and perhaps just didn't let us know.
But nothing at our homes happens without our knowledge.
We have a property management system that we use to track all this information.
Everything is done very professionally.
We've been in business for 20 years as well.
Thank you.
Just a clarifying.
So you try to call the rentals, but you don't track on the homeowner.
We typically do.
But on occasion, the homeowner may pop in to do maintenance or stay without letting us know.
It is on contract that they're supposed to let us know when they're using the home,
but it doesn't always happen.
I'll just say that.
It usually does.
Thank you.
I'm going to close public hearing.
Staff have anything else to add on this one?
Yeah.
You know that.
I see as long as hand is raised, but you've already testified on this one.
So you've had your opportunity.
You'll have an opportunity on other ones if you'd like.
You didn't have rebuild.
You have to cover us.
Okay.
So, as with the last one, you know, we do think as a county, this better to have these regulated and so I'm going to find that the project is.
So, it is exempt on the California Environmental Quality Act and approval costs and development met with changes to conditions two, five and six, I believe.
That's correct.
And with, um, I believe there is, you said that you have some changes to finding one as well, that has to do with the degree restriction language, I believe we need to full context about what end is that what you're suggesting there.
That's correct. Okay. And, um, and with some non substantive changes to the resolution that project is approved.
Thank you.
Our next agenda item is peel on two five zero three three nine.
This is for commercial vacation mental on Carmelah street and our mail.
And it will be staffed for mental take it ready and they can give me a minute to get my items up as well.
All right, I have this support.
Thank you.
Good morning, zoning administrator.
My name is Jordan Evans Polaco and I'll be presenting staff report on peel and two five zero three three nine.
Allewalia hard.
Our deep S and Jennifer L.
Ragazzo trust.
The project site is located at two six three one Carmelah street Carmelah in the Carmelah area land use plan.
The subject property is a medium density residential with a maximum gross density of two units per acre with a design control overlay and a structural high limit of 18 feet within the coastal zone.
The existing single family dwelling is 2,163 square feet with the detached 525 square foot garage.
The property has four bedrooms two and a half bathrooms and two onsite parking spots.
There are carbon monoxide and smoke detectors in every bedroom and biorexting measures in the kitchen.
Per suits a title 20 CBR's must comply with the parking requirements of the municipal code for detached single family dwellings pursuant to section 20.
As required to have two spaces for unit.
The applicant meets this requirement before you move up this slide.
My exhibit shows the based on as one of the bedrooms this one does not but is that for bedroom.
Through the zoning administrator.
Thank you.
The property is accessed through scenic road a county maintaining public road and is therefore not required to comply with the Monterey County code title 16 which regulates private roads in Monterey County.
The property has a maximum nighttime occupancy of nine people and a maximum daytime occupancy of 13 people.
These occupancies include infants from zero to 12 months and are set for pursuant to chapter seven which establishes the requirements for the vacation rental operation license.
The applicant submitted a certified home inspection which was completed by a certified state of California general contractor.
The property has a local property manager will be available 24 hours a day seven days a week to respond to complaints or concerns that arise a property.
The property manager will be able to arrive on sites within 30 minutes of receiving a complaint or concern.
Additionally, the owner will post interior signage demonstrating the adequate emergency services response time.
the nearest fire station and emergency were submitted by the owner since the parcel is within the carmel sphere of influence it is subject to a response adequacy of five eight minutes.
The cypress fire station is approximately seven minutes from the subject property.
The community hospital of Monterey Peninsula or Chomp is 12 minutes away but cypress fire protection district provides immediate advanced life support paramedic care by delivering critical medical treatment within minutes of an emergency call.
Those response time for the nearest 24 hour emergency will not comply with Monterey County code chapter seven.
Also, information for the property manager will be posted with the property manager's detailings.
Josh O'Honey and who will reside at Northwest corner of Mission and eighth within Carmel by the seat, which is a five minute drive away.
Also, to uphold the residential character of the neighborhood, no corporate or private events will be allowed as condition number four outlines.
This information is also included in the informational notice to individuals saying at the property along with quiet hours and notification of set emergency routes mentioned.
The regulations for commercial vacation rentals allow to 118 commercial vacation rentals to be approved within the Carmel area land use plan pursuant to municipal code section 20.
If approved, this application will be the 33 approved commercial vacation rental within the Carmel area land use plan.
Staff recommends that the zoning administrator finds the project qualifies for a class one category exemption, pursuant to seek a guideline section 15301 and recommends the approval of the coastal development permit for commercial vacation rental.
appropriate allow the allow use of residential property for transient lodging for a period of 30 calendar days or fewer.
This concludes staff's presentation and staff is available for questions.
I just want to clarify, I think you said it wouldn't meet the code for medical response or something like that.
I just want to clarify because I know the findings talk about that the fire district does provide emergency medical response to that.
So it doesn't meet that requirement.
Through the zoning administrator, it does meet the requirement in that the response team from cypress fire protection district will work will provide it, but the emergency medical from Trump as an establishment itself is a little bit delayed out of the sphere of influence time.
So it will be provided by the fire station.
Okay, and that meets the code, I just want to make sure that.
Thank you.
I like to open hearing as the applicant present, please.
Hi, yes, I'm here. This is Jennifer regaso.
Good morning, did you have any comments you wanted to make today?
No, I'm I might well, I just like to say my husband and I purchased a property around the time of the pandemic and we used it initially just for ourselves and our children when they were younger, which was really a wonderful place to reside during that stressful time.
We planned to retire in that home, but our children are currently enrolled in schools in where our primary residence is located and.
We will be.
When at the time that we'll complete renting it, we'll reside in it permanently. So for now, this is allowing us to maintain ownership of the home and still be able to afford having it as a vacation property rental.
We've had been using sanctuary vacation rentals.
A little entire time that we've rented it and have had a great relationship with them.
We know our neighbors and if they have any problems, they text me directly.
I let them know, things get addressed immediately, so there has been no issues at all as far as I'm aware.
Thank you, and you have the chance to respond after all testimony today.
I did have one question, the basement.
In order to qualify as a bedroom, it has to have access to the exterior just looks like it has a door to the exterior is that correct.
There is a door to the exterior from the basement.
Okay, just want to make sure. Thank you.
Anybody else like to speak on this application.
It's located on Carmel Street and Carmel.
Seeing that all closed public hearing.
Staff have been anything to add on this one.
Staff has no further comments.
Thank you.
Through the zoning administrator.
That has.
Changes to the conditions of approval.
Okay.
Or.
Condition number two.
It currently states prior to the commencement or continuation of use and prior to the instrument.
The application went to operation license.
Staff would like to remove the first two actions of pirates a commencement or for each
annuation.
It suffices recommending the action to be prior to the instrument's application rental operation
license.
And for condition number five.
Staff would like to clarify the timing to be within 60 days of approval instead of
hired to commencement or continuation.
Okay.
I'm going to give it those changes.
All right.
We might decision to find that this project's category.
The exempt and the California.
And approve this.
Custom.
That's subject to the changes recommended by staff.
And some non substantive changes to the resolution.
And that's the self.
And with that, the project is approved.
Thank you.
Vanessa, do not miss PLN two five zero three one six.
This is for a commercial vacation rental on Shamsau way in Pebble Beach.
And we'll turn it over to staff for presentation.
They give me a minute to open up my agenda.
Thank you.
The morning's running have been a street in Ovoam.
My name is Emani Hergen.
I am the project planner for two PLN two five zero three one six.
Take up some thanks.
The proposed location for the vacation rental if 1322 Shamsau way.
Help beach an addition to County of Honorary code.
It is subject to the regulations of the DelMani forest land use plan.
The property is zone medium density residential with the gross density.
Of borders for acre and a design control overlay in the question.
Planning staff is aware that there's a code enforcement violation on this property.
The year of nine long six initially the applicant apply for a cost and development permit for commercial vacation rental on November 14 to 2025.
However, the permit was not Delegantly for soup.
Then in 2026 in February a complaint was issued and a code enforcement case was open and the investigation found their violation.
project is an after-the-fact goes to the development permit for a commercial vacation months
also allow the use of a residential property for transient lodging for a period of 30
calendar days for fewer, to clear a code enforcement case, two, six, C, E, zero, zero, one, one, six.
Then that's a question about that. So, were they subject to the grace period, or they've never been
subject to the grace period in this case? They did apply for a permit within the
grace period, and then the staff monitors whether or not they're actively in deligiming
pursuing, and in this case they were not, and therefore a code enforcement case was opened.
Thank you. Sorry, go ahead.
And then I'm into the loved. This is a potential path to the nearest high-end, which is Highway 1.
The subject property is approximately 3 minutes away from Highway 1. Then in the larger image
to the right, see the surrounding neighborhood. The subject property is with the residential
subdivision within double beach, and it is nearby the community hospital of Monterey.
The existing single-family dwelling is 2305 square feet. There are three bedrooms, three bathrooms,
and an applicant is proposing five on-site parking spaces. There's just a comply with county code
that requires a minimum of two.
The applicant is proposing a maximum occupancy for overnight guests of seven,
and a maximum occupancy for the type of guests of ten. So, I would like to
For the time guests of 10, staff would like to notify the zoning administrator that update will need to be made to the operations plan because it does say 11, but the maximum is good for daytime occupancy is going to be 10.
Also, the applicant supplied a home inspection checklist that was certified by an American Society of Home Inspector.
Also, the applicant will be required to supply an informational notice tickets, as well as the neighbors for with contact information for the emergency response.
Since the property is within a vehicle, it has required emergency advocacy response time of 5 to 8 minutes.
If I will be to fire station 22, it is approximately 5 minutes away, and charm is approximately 5 minutes away as well.
Therefore, it complies with the advocacy for the response times. Additionally, the property manager's information will be supplied for sanctuary vacation rental so that they can respond with it 30 minutes.
And they are located on mission in the eighth of noon, which is approximately 5 minutes away from the property.
Also, condition of my previous manager, we did to the permit, which will allow no special events for private parties.
The down money force, ladies, plans allows a maximum of 50 serving commercial vacation rentals within the entirety of the down money force, language plan area.
If approved, this would be the six.
The property is assessed through Shana Sol Lane, which is a private road.
Therefore, the private road regulation for Chapter 16.80 are applicable.
There is language within the de-estriction that constitutes a private road and private maintenance agreement.
Therefore, it is considered a tear-forward.
The public company, the governing structure, was notified of the project, and objected to the use of Shana Sol Lane based on the entire language contained within the agreement.
Although the property owner has the right access, there is subsequently in which regarding the prohibition of trade or businesses on the residential property.
Therefore, staff considers the objection from the wheat company as substantive dispute.
And as conditions, property, according to the result, according to the result, according to the result of the dispute, prior to commencement,
or continuing the use within 60 days.
Staff would like to clarify the language in the access evidence with the resolution and finding one as presented today.
Staff is also, you've several public comments for neighbors that are in support of public beaches,
covenants, conditions, and restrictions when it comes to the use of private roads and business activities.
As well as concerns about neighborhood safety for pedestrians and family members, due to public nuisance disruptions,
regarding trash, noise, as well as safety and wildfire evacuation or the vulnerability of the surrounding Dominic Forest.
There are several conditions such as condition three, which is previously mentioned prohibits the property from being used for special events or private parties,
to address noise and trash and of potential congestion with parking and traffic safety.
As well as condition number five, which requires that all the regulations in chapter 7.120 are met,
but you can also prohibit the use of outdoor fire pits, recreational things for that nature.
Also, the applicant is proposing again five spaces, which is as an exceedance of the two minimum required parking.
It is not a recommendation that's owning a ministry of no vote, and then the project qualifies for class-slime,
practical and public assumption.
Zico-wildized section 15301, and none of the exceptions from section 15300.2 applied to the project.
And approved and after the fact, cost to develop and permit, fill out commercial vacation rental to allow use of single-family dwelling,
which represents the lodging for a period of 30 calendar days of fewer, to clear code enforcement case 2, 6, C, E, 0, 0, 1, let's see.
Thank you, that concludes our presentation.
And staff will be present for questions.
Thank you.
And do we need to amend conditions two, five and six on this one as well?
Or this one, yes.
Condition two would staff is recommending that we state prior to issuance of the vacation,
uh, yeah, the vacation rental operation license, and strike out the first timing.
Or condition number five, staff is requesting additions to state within six days and not prior to commencement or continuation.
And then for condition number six, the timing should be prior to the issuance of the license and within six days.
Tracking out the commencement prior to commencement or continuation.
Can this strike out prior to commencement?
It's kind of inferred that they have to make the condition in order to get the license and then cannot pray till they get the license.
For this particular property, they applied it in the grace period and the way that the regulations are stated is they have until we make a decision on all permits and licenses.
Okay.
Thank you.
All right, I'd like to open the hearing as the applicant present, please.
Yes, I am.
Would you like to say your name for the record and did you have any comments you wanted to make today?
My name is Michael Jacobson and the only comments that I'd like to make are that.
You know, we are committed to complying with all of the county and ordinances and all of the regulations that govern church and rentals were also committed to the neighborhood.
And keeping the property in the best condition possible.
I think it's safe to say that the condition of the property is actually better now than when we were residing there for full time.
And we take really seriously what our neighbors think and what they feel about the way that the property is managed.
Although we did note that there was a comment from one of the next our neighbors about the fact that the.
The fact that the property management was not made aware to them that they felt that it was managed well and that's that's in one of the records.
I also want to just state that we were unaware of the issue of our application not diligently moving forward.
And this is the first time that we've heard about that.
It was certainly never told us and we would have done everything possible to rectify that situation if we had been made aware of it.
So you wouldn't notify that you were in violation we were not.
Thank you.
So this one is in the grace period is that.
Yes.
I guess my question is you understand that there's a condition that you have to resolve this with public beach company you know how you're going to resolve that.
We are being represented by sanctuary and we are.
Representative by Sean Murphy it's certainly who's going to be handling that on our behalf.
Thank you.
And I did have one question, it might be more for the planners than you, but one of the letters and submitted on yours and objection to yours said there was six commercial vacation rentals in the area.
Do you know if that's accurate and whether they're permitted.
Because I don't remember proving any self.
Do you have any if you don't know all this ask staff later.
I have no knowledge about that.
Okay, thank you.
I'd like to help in the hearing anybody else like to testify on this application.
Yes, go ahead.
Hello.
My name is Christine Thorburn and my husband Kirk.
Can I.
I purchased the house on Thomas and next door to the subject property.
And we have been there since May 4th I believe.
We were aware of it as a mental.
We were told by and I'm a real estate agent and and told by the agent.
We were working with her lovely work from Sonoma County that the company that was managing it was one of the best.
And I have no stranger to vacation rentals having managed a guest house in this in the sea ranch Sonoma County.
So I'm familiar with a lot more of the details in regards to the vacation rentals than probably most people.
The issue that I have is that we moved in there and we were never welcomed by the rental management company.
We didn't of course I can access tax records and and come across addresses and mail things because I'm still connected to the MLS.
But we were never introduced to the company.
I never had a number to call and there are some issues from our perspective.
It is a well-managed.
That guests are mostly by it.
I'll accept for one karaoke party that occurred recently.
That was very late at night and I'm not about to get up and call because I don't have a number.
And in Sonoma County we can access the permits and there are numbers associated with the manager.
They're required in Sonoma County to have a manager that's on site or close to that site and a phone number and a contact.
And if they don't respond to your concerns and make some corrections they will lose their license.
And there is active involvement in following and managing those licenses.
I think there's more than two people there in that county that are working on that.
The issues we have with the house as I have to be honest and say that we bought in Temple Beach for the privacy.
The fact that we have gated community and we also are retiring we sold two properties in Sonoma County to be here.
We got into a bidding war on this property there were five offers on it and it's a little disappointing that we do have the rental next door for the following reasons.
The rental is rented we had a three night minimum on my rentals this house rents for one night we've had several that come in one night and two nights and three nights not too many that are much longer.
But the problem is there's a bunch of cars that come in it's a circular driveway so when they say five car five parking spaces.
I have a real issue with that because most of them like last night we had the vehicles lights on in our bedroom for most of.
I don't know an hour while they were unpacking their vehicle comes right into our house.
And so the parking and then when the renters leave then the cleaning crew comes in and there's usually what two three vehicles.
And it's nonstop and it is a small street and that's one of the reasons we bought on that small street because it was small.
And private that there's a lot of traffic there just from this house alone we have full time neighbors across from us and on the other side.
Another issue for for us is that the property although it does look in pretty good pretty good shape.
I know some neighbors are friends with the owner.
And I asked for a phone number but apparently that's not you know we're trying to make it we're wanting to retire and live there and be peaceful we don't want to come to meetings and create issues for people and I understand.
Why they would need to make money if they're not there but that's not what we bought we bought somewhere for private not a lot of cars coming through and all that extra lighting.
In the house this left on all night by the renters and by cleaning crew that also comes into our house.
We have a nitrogen to house should have a single pane windows and we have no blinds and we are updating all of that because we have a necessity now whereas we weren't really really not a position to be able to afford all of that but at this point.
We are happy to do it because we are concerned about our privacy.
And the lighting I did talk to one housekeeper and I asked her if I didn't want to complain I didn't want to create any problems for anybody but the lighting was really bothering us.
And she's told me she says well they're only supposed to have the front porch light on and the light on the inside directly inside the door and this light is coming from another part of the house and there's an exterior as well as interior that are left on very often.
And we have nobody to call no one to tell anything about that and we don't have blind yet because we're trying to update the windows first so we would appreciate any kind of.
The final thing I want to say is that we just had three trees removed from our property that we had our burst out went through Monterey to get the permits and they had various illnesses they were sick trees and they've been removed.
The table beach also responded to request and they came out and there were two trees that they removed that were.
Close to our property there are some trees on this subject property that I'm very concerned about.
So one in the front the root system is just overtaking the street as well as their driveway and again.
Although the owners of the property wouldn't make as much money probably. Their property is going to be taken better. It's going to make their neighbors have here. And I don't know if you handle long-term rentals, but that is a better option. Not only for the property, but for the neighbors. Because, quite frankly, I have heard Michael's a wonderful guy. I've never met him, but I don't like him because of what he's doing to us.
I'm sorry. Thank you very much for listening.
Thank you. Anybody else like to speak in the south?
Could I possibly respond to a couple of those things?
We have one person inside. You'll be next Mr. Murphy.
No, no, Mr. Jacob.
Oh, I'm sorry. I saw a hand up for Murphy.
Mr. Jacob, you'll be able to respond at the very end.
Okay. Thank you.
Thank you.
Carolyn grieving.
First of all, I'd like to just get on record of saying we love the Michaels, and we can't wait for them to move back.
My question is point of clarification, and while I don't love having the short-term mental, there's isn't the issue.
And there's actually 22 obvious short-term rentals within a two-block area of our neighborhood.
Whether they're legal, illegal, in the permit process, homestay, commercial vacation, there are 22.
And that doesn't include any of them on Sun Ridge, because I don't walk that road. It's too dangerous.
But I do know of two that a wheelchair told me are on Sun Ridge closer to the gate.
But I met 22, and that doesn't include that way on Sun Ridge.
My question is about the land use plan for Del Money Forest, and does the 4% that the ordinance has not mandated, but offered or whatever, the right terminology is,
does that overrule the land use plan for Del Money Forest, which clears state's no commercial use?
It's a residentialized zone area.
So I'd love clarification on that if it's possible.
Appreciate it.
Mr. Murphy next.
Mr. Johnson.
I don't want to repeat myself.
So I will say the comments that I made with regard to the shown field application apply equally to the current application under review.
And I'd only make one additional comment based on my earlier comment.
And that is the reference to tenants in the deed is not limited.
So it doesn't matter how long the tendency is, whether it's one day or one year, all tenants have a right of access.
And there's a license providing the right of access.
And that should be sufficient to satisfy the requirements of the code.
Thank you, Mr. Murphy. I want to ask you one question.
So I know there's a couple of peels from my decisions here on.
Mercer vacation rentals.
Are you involved with any of those appeals?
Because I'm waiting for some direction as a result of those appeals.
Yeah, I am involved in the appeal for on the clay application.
There is one that is before the board of supervisors on the 25th that I am not directly involved in where monitoring, but it's not the same.
It's a different issue.
There is a homeowner that is appealing your approval of the permit.
So right now there's just one that I'm aware of.
Appealing the imposition of condition number six.
And I just want to let you know zoning administrators a staff position here.
We take our direction from the planning commission and board just like you would see in case law as an attorney.
So I'm waiting for some of that to help me help guide me in my decisions.
Thank you.
Yeah, I mean, we're just making a record so that when it does get to that point, you know, all of the information is before the appropriate authority.
So I understand.
I understand yours as well. Thank you.
Anybody else like to speak on this application before we turn back to the property. Yes.
Again, my name is Stephen grieving. Can you go back to the CE code.
The back one screen.
Or somebody tell me what the CE code is.
That was referenced in the back.
The code is code enforcement.
Yes, but there's a number 26.
The question I have is when when you pull up that CE code, and I think I spoke to the shun lady right here.
When I pull it up, it talks about a tree permit.
Okay, it talks about a tree permit and then there's still a tree permit that is still ongoing.
So my question is, do you want all past conditions.
That taking care of or before up before giving another permit or.
And that's what came up on that CE when I pull it up on on the on the outside website.
And I can do money.
From 20 free hours from 20 12.
That's still open.
So that's my question.
Make sure to say that too.
Somebody needs to meet themselves and not show me that was, but appreciate that.
We'll have staff respond later on on the question Mr. Graham and just thank you.
Thank you.
Anybody else like to speak on this application.
Mr. Jacobson, you have a chance to now respond.
Yeah, just in response to Mr. Graving.
We didn't live there in 2012.
So I don't know what the situation is with that.
But it's my understanding that all of the tree permits have been closed.
In terms of the.
The tree that was referenced in front of the house that is.
Section 18.
Me by the 13 18.
Chemysol way neighbors.
That tree is actually on public beach property.
We were unable to have it removed.
We actually asked for it to be removed.
There's a gentleman at the public beach company that we contacted by the name of Micah.
Hot Baker.
And it was determined that they would not remove that tree.
And then I also just want to mention to the kind lady that.
I'm very happy to talk to you at any time.
I mean, it's it's important to me that we have a good relationship with you.
And I will reach out offline.
I have your number from the public record.
And we'll be happy to negotiate with you.
And if that if the lighting is an issue, I'm sure that we can come up with a mutually beneficial.
And for solution to the any issue that you that you might bring up.
It's it's very important to us that we maintain a good relationship in that way.
That's all I have to say.
Thank you.
Thank you Mr. Dickinson.
I'll close the public here in.
And I think from staff.
We respond to any of the comments from the public as well as.
I may have lost track.
You know, we are meeting conditions two and five on this one.
Is that correct.
I think you said that.
Yeah.
All right.
Anything from staff.
Good.
The zoning administrator.
Typically when you search up a permit on our online database for the public.
You're able to see what the permit is for.
For code enforcement cases.
I don't think that's the case that you can see the actual details.
And I'm not quite sure if that's just regards to non disposable information.
However, when you do pull up the case, it does pull up any notices or conditions on the entire property.
So when you pull it up, it does reference a true removal authorization.
That was just a notice of condition placed on the property.
It has nothing to do with the code enforcement case.
So staff will try to go back to clear that up in our systems that there's no confusion.
In regards to clearing any previous approvals prior to allowing any other to go forward.
If they're dependent on one another, then yes, staff would make sure that they go and clear that permit and those conditions prior to moving forward within new one.
For the true removal that doesn't impact this particular use, but I can say for the public that it is clear you just need to update our system.
Thank you.
Anything else?
Yes.
So I'd like to ask through the zoning administrator that to address your question earlier about the potential of a horse-makes regulation area.
According to the vacation rental dashboard, there are several applied for applications of a home state.
And other course vacation rentals and a limited vacation rental.
But the other a number of around.
I think I think it was over five.
Those are not included on.
I would say so they must be potentially label.
They are not included.
Yes.
So only one home state has been approved in the area.
And further commercial vacation rentals there have been non-approved area.
No.
There's two.
Okay.
Thank you.
I don't approve.
Right.
And when you look on your website, there's three greens.
And we talk out.
Perfect.
Yes.
But I'm just curious why it's different.
Look.
Yeah.
We'll talk out because we're curious too.
Thank you.
Through the zoning administrator.
Am I able to share my screen just to provide the visual of what we're looking at?
Please.
To see you guys.
Sure.
Just for some of them.
This one.
Okay.
She's looking at all.
The visual is looking at.
They can easily recognize.
So this property that we're looking at is this one year.
The Jacobson property.
There are a number.
If we can see on this screen.
Everything in yellow is pending.
Everything in green is approved.
We take a proximity of between 300 to 500.
Feed around the property.
We try to provide this overview.
These ones here that are in green are home.
Say that have been issued.
Everything else.
That are in yellow is pending applications.
Each is home.
Say.
C is commercial.
All is limited.
The zoning administrator did approve one.
Recently for this property over here that went before the zoning administrator.
But that's a few blocks up north.
But I just wanted to provide this overview to clarify.
Thank you.
I think that might be what they're talking about.
You can hopefully talk out here.
All right.
So.
I don't know.
We need to amend the operations plan on this one as well.
Yes.
So you might decision to find that this project is categorically exempt.
And approve the.
The cost of the government permit with changes to conditions two five and six.
We need to amend an operations plan in order to attach to the resolution before we send it out.
You know, has another non-sensitive changes to the.
Words of the findings and evidence.
And with that, this project is approved.
Thank you.
Thank you, I make sure.
On the next side of this deal, then 25 zero three one nine.
This is for a commercial education rental on sunset land on double beach.
And if you step, give me a minute to open a fire.
It doesn't.
I don't know.
It's.
I.
It's okay, but.
You might get picked up in the record.
Me.
It's.
ron.
Thank you.
All right, so.
Administrator, my name is Jacqueline Nickerson, and I'm a principal planner with the Housing and Community Development Department, presenting before you peel in 250 319 agenda item number 5.
This project is for a coastal development permit to allow a commercial vacation rental operation on 4168 sunset length in Pebble Beach, subject to the Del Monte forest land use plan.
This property is known to be in density residential with a maximum gross density of 4 units per acre in the with a design control overlay and a coastal zone.
If approved, this would be the 7th commercial vacation rental out of 57 that's allowed.
The subject property is identified in red here, there are five other applications that are currently in process to for limited in one for commercial.
Staffel likes to know that this one here was previously, this is a Guamja project that previously came before the zoning administrator that's currently a peel before the board.
The subject property has an existing single-family dwelling that's about 1,900 and eight square feet.
It has three bedrooms and two and a half bathrooms which provide a maximum occupancy of 7 overnight guests and 10 during the day.
The property does have an attached car port of approximately 623 square feet with the car port and driveway.
The parking has three total on site which is adequate for our regulations.
The subject property did receive a certified home inspection checklist done by certified contractor.
Emergency response times for this area according to our regulations with the 5 to 8 minutes as it will be just considered a community service area.
The properties of 6 minutes away from the nearest fire station and for from the community hospital of Monterey Peninsula.
Emergency response times for this area, according to our regulations, would be five to eight minutes, as it will be just considered a community service area, the properties about six minutes away from the nearest fire station and for from the community hospital of Monterey Peninsula.
The property is accessed through sunset lane, which is a private road and therefore subject to the private road regulations outlined in chapter 16, 80 of our code.
There is language within the due restrictions that constitute a private road agreement that allows the right to access for the property owner, but there's subsequent language that identifies no trader business to be conducted on a residential property.
The right to access, classifies this as it's your three application, the regulation state that should a substitute be submitted to the county that the county can condition the project as appropriate to clear that dispute prior to commencement abuse.
An objection has been received by the couple leads company that's the governing structure for this area and they have submitted an objection regarding the language outline in the private road agreements and therefore staff has conditioned the project appropriately.
Stuff's the quick comments were received by neighboring parties regarding noise traffic, neighborhood disruptions and concentration.
This would be the seventh allowed commercial vacation run on the area out of 57.
There are other has described in the presentation other applications and process should there be any application that are currently operating illegally.
The county welcomes those applications to be submitted through a code enforcement staff will actually know we are also proactively ensuring that we are citing these properties that aren't operating in accordance with our regulations.
We're going to noise traffic in neighborhood disruptions.
There are requirements and regulations outlined in our code that the application must abide by regarding the noise.
Between 7 a.m. to 9 p.m. or 9 p.m. to 7 a.m. traffic in regards to this area all parking should be on site.
And therefore staff recommends that the zoning administrator find the project had to work late sense and approve the coastal development permit to allow the commercial vacation rental staff would like to add some changes to the conditions for condition number two.
state prior to the issuance of a vacation rental operation license.
For condition number five, the timing would be within 60 days of approval.
And for condition number six, it would be prior to the issuance of the vacation operation license on within 60 days of approval.
And with those changes, staff recommends that the zoning administrator prove the project and is available for questions.
And one of the common letters talked about a disproportionate number of commercial vacation rentals on the sunset lake.
You said we had one approved already.
The one that's on appeal and then this would be the second one on sunset.
Yes, that's correct.
And the other ones that you showed on that were either in process or were they different categories.
In process and I could pull that up to.
So this application here is the one that's before the zoning administrator today.
These two would be commercial this one has been appealed to the board.
The one adjacent to it is in process and then these is a limit this one here is limited as well as this up here.
This is within almost.
A hundred feet of the property.
Okay, thank you.
And that the three the three commercial ones right there are all two on one side of the street one right across the street.
Yes, that's correct.
I like to open the.
Public hearing is the applicant present on this.
Good morning, Joshua and you was in short of vacation retsals and I do not see the homeowner on the call.
I know that he's traveling right now, so may just be man.
Any comments today.
No, nothing to add, but I'm happy to answer any questions you may have a do have some questions.
The operations plan said they're proposing 250 rentals per year that implies single night.
I'm just wondering if that was filled out incorrectly, what is the intent here as far as renting this property.
Well, it is short term rental week, we very rarely take shorter stay like a one night stay only only if it's like a gap filled if there's a one night in between two other reservations we may consider doing that but generally we don't.
Is your question to if we will exceed 250 guests days per year.
No, I just want to clarity on what their intent was did they want to do all one nighters or.
Oh, no, no, no, absolutely not.
That's it's very tough from an operational perspective, but also it's just it's it's a lot of activity at the home and we're not trying to be.
We're trying to be as if leave little disruption this week can't be each of the neighborhood.
So that's why I'm trying to clarify because I didn't think that was what was intended yet.
It also says on the application that or in the operations plan that they're proposing five people overnight and I know I think the limit on this is higher than that because the number bedrooms.
Did you want a limit of five or did you want to just go with the code.
No, I think we would want to go with the code limit.
I think that may be a typo.
It's a three bedroom home.
So should be seven right.
And I know you've already talked about how you hopefully work with neighborhood concerns and absolutely.
So I want to ask you more about that.
I appreciate you.
I've handed my business card out to many people standing in this meeting right now.
Also, I'll just mention that on we have 10 company vehicles and we have obviously the name of the company but our phone number and old letters on the side in the back as well.
So we're we're available. We have 24 seven after our service.
You know, should there be any concerns after hours.
There's always someone taking up the phone.
And I am connected to this company into my cell phone like it's my third arm.
So if anything goes happen, I have constantly washing things and that's not to say that you know.
Things don't happen but we always address that.
It's quickly as we can if anything ever does come up.
So thank you.
Anybody else want to speak on this application.
Uh, Tiffany.
Thank you.
I appreciate that.
I couldn't find my hand raise on the computer.
I want to first of all,
Tiffany Edwards.
I work with Josh and have been working through a lot of these applications and wanted to address your question that was a typo.
It should not be too 50.
It should have been 25 to 30.
Uh, approximate.
So that was incorrect.
We've had a couple different operation plans go back and forth in some of the times the auto of the drop down screen.
The numbers get changed.
And so I've been having to print them out now.
And I'm just writing them out to prevent any of those those issues.
So I apologize for that, but that was definitely a typo.
That's okay.
Just want to clarify for the record. Thank you.
Thank you.
Anybody else want to speak on this application on.
On.
move on to our next agenda item which is PLN 2600135 and this is our lower trail in our mail.
Thank you very much for sharing with us.
All right, staff, whenever you're ready, I'm Rudy.
Good morning, sir.
applications that are currently pending for commercial vacation rentals identified in yellow.
There has been one that came before the zoning administrator, which is two houses down in blue,
that's been approved, but still pending the license.
There is an existing 2000 and 76 square foot single family dwelling that consists of five
bedrooms and three bathrooms. Therefore, allowing a maximum occupancy of 10 overnight guests and 15 during
the day, there has been a certified home inspection checklist for this property.
Parking on the site is currently legal and non-conforming as to current parking centers.
The home was built in 1980 and therefore required only one parking at the time.
Current regulations identified two parking spaces per single family dwelling as current regulations.
This is the site plan of the property and a street view of the house of to the left.
This would be the one space, there is space in front of the house for additional parking.
And as staff check with our public works, engineering services division,
there are allowed to park on the left side of the road and no parkings allowed on the right side, even though you see
a vehicle park on that side. The subject property doesn't meet the emergency response times.
This property falls within the sphere of caramel by the sea and therefore is subject to the five to eight minutes.
This property is six minutes away from the fire station and four minutes away from the hospital.
There has been public comments that we're received for this application, both in support of
an objecting to. The objections were raised regarding the noise parking concerns due to the
tight road of lower trail and the neighborhood impacts and safety. The regulations were developed
to ensure that these new senses were lessened. The FERR that was done for the commercial vacation
rental regulations and identified new cumulates in the impacts, but based on the implemented regulations
identified that these new senses should be lessened through the implementation of our regulations.
Staff is recommending changes to condition number two and six or two and five it should be in my apologies.
Condition number two should be prior to the issuance of the vacation rental operation license
and condition number five should say prior to the commencement abuse.
And with those changes, staff would recommend the zoning administrator find the project categorically
sent and approved the Colson development permit as presented today. Thank you. And hopefully we get the public
work staff on. So I just want to understand for this neighborhood.
This neighbor seems suggested or said that there's no parking on one side of the street. Is that consistent
throughout lower trail or is it kind of off and on and are there do we have postings that say that out there?
I know you may not know that off top of your head, but it's just wondering. Good morning's on
a mission of Arlan Blanco here representing public works. Yes, there is an ordinance in place prohibited
all times. It is in title 12 section 12.28 stopping standing and parking. It does not allow parking
on the easterly side of the road, which is the right hand side and there it goes from both the
northernly and the southernly intersections. It's through lower trail and there is signage to indicate that.
Thank you very helpful.
Let me see if I have any other questions before I let you go Mr. Blanco.
I'm right here.
All right, I'd like to open the hearing as the applicant present for this one, please.
Good morning. Good morning. My name is Shini. My husband, Jerry and I, on the home at 247, my zero, lower trail.
Carmel is a very special place to ask. Jerry's father went to NPS. So Jerry has been some of his childhood time here.
Over the years, we always find ourselves coming back here with friends and family. So over COVID, we took opportunity to purchase our home first home together as a couple.
We're working remotely.
The later on, we tend to office-mending happen. We have to move back to the Bay Area.
But our goal is always to be moving back here and raise our family here. And we now have an 18-month-old.
And we will very much like him to experience the same childhood here as Jerry did.
But before that happened, we're sharing our homes with our family and friends and renting it out to help to cover the costs, which is extensive in California.
So we don't have to sell and lose our home.
That's a little bit about us and I did, we threw all the public comments and we really appreciate both the support and the feedback from the neighbors and the community.
And so I'd like to take that opportunity to address three concerns that I'm hearing.
They won his parking and I completely agree that the parking on lower and upper trail can be difficult.
I want to ensure our neighbors that we will never ask our guests, family and friends to park around the corners where it is dangerous.
Moving forward, I will ask everyone in my house not to park anywhere on the street on upper and lower trail.
And I also think that it will be helpful to have a no parking sign to help to enforce it.
So I have submitted a ticket to the county requesting an official no parking sign where it's dangerous to park.
And I will continue to work with the county to find a resolution.
The second one is noise and I acknowledge and we all love how quiet and peaceful this place is, and so we plan to keep it that way.
So the quiet hour at our house is from 9 p.m. to 9 p.m. and we will be adding a outdoor noise detector to continuously monitor the sound levels so that if there's any issue, we can address them immediately.
And I also heard that there's some issues on my Jacuzzi and our shand when people see that Jacuzzi outside they, you know, they come first.
So we're looking into ways to maybe move our Jacuzzi to the backyard, which is away from lower and upper trail side and looking into ways to add perhaps like enclosure to reduce conversation to travel.
And the third one is the amount of applications in the in the neighborhood.
And I understand why this can be concerning to our neighbors.
So I have already reached out to several other shelter mental owners in the neighborhood.
And I think we're all committed to keeping this neighborhood peaceful and quiet and many of us are using this house and trying to keep this house.
For the long term and this only way for us to keep it while we're not here is to rent it out, but we're all willing to share our direct numbers and including myself.
I share my personal numbers to neighbors.
So you guys can always reach out to us immediately for your concerns.
And as a group we're also working on implementing maybe more strict rules that the rentals for our neighborhood like the expanded quiet hour or the parking restrictions.
And I will continue reaching out to other applicants.
So we can work together as a group to address neighbors concerns.
Last but not least, I want to take the time to think the county staff and the community that help us to navigate through this process.
It has a thing easy for us, but we are fully committed to comply with the county committed to be good neighbors responsible host and doing our best to address neighbors concerned.
Thank you for your time and consideration.
Thank you.
So anybody would like to testify on this application at 24790 lower trail.
Carmel.
Sim, not in our close public hearing.
Anything else from staff?
No, thank you.
So this neighbor is a little unique.
We've got a lot of houses that don't have on-site parking that meets our current regulations.
We have one side of the street that's prohibited from allowing parking.
We have a lot of applications out there.
I think I'm going to need to understand better how we're going to do this correctly.
So we don't impact the neighborhood in too many park vehicles.
Let's make a sense if you can help work with me.
I'm thinking about maybe doing a C.A. site visit out there with public work staff and at least one of the planning staff.
We kind of walked the neighborhood.
I understand where all the applications are where the parking could be.
I think we need to be very cautious in this neighborhood because of the cluster and because of the parking limitations.
Unfortunately, we have these one one car garage is out in a lot of those properties out there.
So I'm going to continue the hearing today on this one.
I need to understand better how we're going to make sure that this all works.
So two things. First, we'll continue this item for.
You think I'm one through two weeks.
Can't well first let's back out.
Can we do a site visit next week to staff.
Have the opportunity to meet me out there and we'll do a site visit.
Yes.
If you're on one zero, there's a next week.
Yes.
And just heard by our application, does this need to be a site visit?
I similar to the land use advisory committee where the public is able to also attend.
They attend, but no testimony.
Yeah, but they couldn't.
They definitely can attend.
So we would need to have an agenda as a special meeting.
I have to go through all the steps.
Not notice it, but agenda is.
Yes, staff is able to do a site visit next week, which would be a special meeting.
And we could continue this item either.
There is multiple items on the 27th agenda.
We can still have this item.
This item should there's any administrator which to continue it to that date.
So I got.
I can do either Wednesday morning or Thursday morning, but I want to make sure that works for staff.
Thursday morning would work better for staff.
Okay.
And.
Well, the special agenda, so I'm not sure how that's.
It's done, but hopefully we can figure that out.
We were wondering that 300 but to be a lot to be.
There's no mail out.
It's just a agenda all.
But it does have to say special meeting.
Because it's not a real schedule meeting.
We might want to notice how the neighborhood.
So now, but it's not required to do a public notice required.
And then so.
I'm going to get answers during that meeting.
So can we continue this item risk for two weeks assuming you don't need to change the resolution and all that.
Okay, so we'll continue this item to August 27.
I know it's full day.
I've already heard this one and I also think I heard that there's a couple items that might be coming off on the 27th.
I'm a very continued so I know it's.
Some what trick.
All right, so we'll do a continuance.
We're going to have a site visit out there on August 20th.
At 9 30.
Yes.
And we will come back here on August 27 for hearing on your application.
That might 30 as well.
So with that, we'll do a continuance on that item.
And our next agenda item for today is peel on two six zero.
No.
It's other matters.
We don't have anymore.
So we will adjourn at 11 30.
Thanks.
I can't read that.
11 36.