Legislation Details

File #: ZA 26-035    Name: PLN110257-AMD1 - BERLIN ANDREW T TRM TRS
Type: Zoning Administrator Status: Agenda Ready
File created: 4/3/2026 In control: County of Monterey Zoning Administrator
On agenda: 4/9/2026 Final action:
Title: PLN110257-AMD1 - BERLIN ANDREW T TR Continued from March 26, 2026 - Public hearing to consider a Minor and Trivial Amendment to a previously approved Combined Development Permit (PLN110257) that allowed the demolition of an existing 1,960 square foot one-story single family dwelling and 255 square foot guest unit and the construction of a 9,255 square foot two-story single family dwelling, new retaining walls and associated grading within 750 feet of an archaeological resource and within 50 feet of a coastal bluff and a Lot Line Adjustment to merge two parcels into one parcel. This Minor and Trivial Amendment would allow replacing 53.5 feet of the existing wood fence and the main entrance gate with a stone wall and dark bronze entrance gate. Project Location: 35986 HWY 1, Big Sur Coast Land Use Plan. Proposed CEQA action: Find the project Categorically Exempt per Section 15302 of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2.
Attachments: 1. Staff Report, 2. Exhibit A - Draft Resolution

Title

PLN110257-AMD1 - BERLIN ANDREW T TR

Continued from March 26, 2026 - Public hearing to consider a Minor and Trivial Amendment to a previously approved Combined Development Permit (PLN110257) that allowed the demolition of an existing 1,960 square foot one-story single family dwelling and 255 square foot guest unit and the construction of a 9,255 square foot two-story single family dwelling, new retaining walls and associated grading within 750 feet of an archaeological resource and within 50 feet of a coastal bluff and a Lot Line Adjustment to merge two parcels into one parcel. This Minor and Trivial Amendment would allow replacing 53.5 feet of the existing wood fence and the main entrance gate with a stone wall and dark bronze entrance gate.

Project Location: 35986 HWY 1, Big Sur Coast Land Use Plan.

Proposed CEQA action: Find the project Categorically Exempt per Section 15302 of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2.

Report

RECOMMENDATION

It is recommended that the County of Monterey Zoning Administrator adopt a Resolution:

1)                     Finding the project decision Statutorily Exempt pursuant to CEQA section 21080(b)(5); and

2)                     Denying a Minor and Trivial Amendment to a previously approved Combined Development Permit (PLN110257) that allowed the demolition of an existing 1,960 square foot one-story single family dwelling and 255 square foot guest unit and the construction of a 9,255 square foot two-story single family dwelling, new retaining walls and associated grading within 750 feet of an archaeological resource and within 50 feet of a coastal bluff and a Lot Line Adjustment to merge two parcels into one parcel. This Minor and Trivial Amendment would allow replacing 53.5 feet of the existing wood fence and the main entrance gate with a stone wall and a dark bronze entrance gate.

 

The attached draft resolution includes findings and evidence for consideration (Exhibit A).  Staff recommends denial.

 

PROJECT INFORMATION

Agent: Laura Lawrence, Law Office of Aengus L. Jeffers

Property Owner: Andrew Berlin Trust

APN:  243-231-027-000

Zoning: Rural Density Residential, 40 acres per unit, Design Control, 14-foot height limit, Coastal Zone, or “RDR/40-D (14’)(CZ)”

Plan Area: Big Sur Coast Land Use Plan  

Flagged and Staked: No

Project Planner: Fionna Jensen, Principal Planner

                                                                        Jensenf1@countyofmonterey.gov, 831-796-6407

 

SUMMARY

The proposed project is a Minor and Trivial Amendment to a previously approved Combined Development Permit (PLN110257) that allowed the demolition of an existing 1,960 square foot one-story single family dwelling and 255 square foot guest unit and the construction of a 9,255 square foot two-story single family dwelling, new retaining walls and associated grading within 750 feet of an archaeological resource and within 50 feet of a coastal bluff and a Lot Line Adjustment to merge two parcels into one parcel. This Minor and Trivial Amendment would allow replacing 53.5 feet of the existing wood fence and the main entrance gate with a stone wall and dark bronze entrance gate.

 

The project was originally scheduled for consideration by the Chief of Planning on December 3, 2025. However, on November 20, 2025, a member of the public raised concern with the proposed design, potential impacts on nearby public vistas, and requested that the project be referred to the Zoning Administrator in accordance with Title 20 section 20.76.060. On March 26, 2026, after public testimony, the Zoning Administrator determined that the proposed amendment was substantive due to the project’s location within a scenic highway (Highway 1) and should have been considered by the Planning Commission in accordance with Title 20 section 20.44.040.E. Therefore, the Zoning Administrator continued the item to a date certain (April 9, 2026) and direted staff to prepare a draft resolution recommending denial due to procedural inconsistencies. A revised draft resolution is attached as Exhibit A

 

LUAC

Based on the Board of Supervisors Guidelines, the project was not referred to the Big Sur LUAC. As a Minor & Trivial Amendment, the project does not warrant LUAC review because the project does not involve the granting of a Design Approval at a public hearing, the preparation of an Initial Study or Environmental Impact Report, or a lot line adjustment in the Coastal Zone, or a Variance. The public commentor’s request for a public hearing does not independently warrant LUAC review.

 

CEQA

California Environmental Quality Act (CEQA) section 21080(b)(5) statutorily exempts projects that a public agency rejects or disapproves. Staff recommends the Zoning Administrator deny this application and therefore find it Statutorily Exempt from CEQA.

 

Prepared by: Fionna Jensen, Principal Planner x6407

Reviewed and Approved by: Jackie Nickerson, Principal Planner

 

Attachments:

 Exhibit A - Draft Resolution

- Project Plans, Colors, Materials

 

cc: Front Counter Copy; California Coastal Commission; CalFire; HCD-Environmental Services; HCD-Engineering Services; Environmental Health Bureau; Fionna Jensen, Planner; Berline Andrew T Tr, Property Owners; Laura Lawrence, Agent; The Open Monterey Project; LandWatch (Executive Director); Lozeau Drury LLP; Christina McGinnis, Keep Big Sur Wild; Trey Kropp, Interested Party; Planning File PLN110257-AMD1