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File #: A 25-252    Name: Land Use Regulatory Jurisdiction Agreement and Covenant with the City of Carmel by the Sea
Type: BoS Agreement Status: Passed
File created: 6/6/2025 In control: Board of Supervisors
On agenda: 6/17/2025 Final action: 6/17/2025
Title: Authorize the Director of Housing and Community Development to execute a Land Use Regulatory Jurisdiction Agreement and Covenant (Agreement) with the City of Carmel by the Sea and Agreement to Hold Property as One Parcel with Karen Ruth Hobbs as Trustee of the Karen Ruth Hobbs Trust dated January 28, 2004, owner of real properties located off Santa Rita Street, Carmel (Assessor’s Parcel Numbers 009-146-028-000 and 009-146-029-000). Proposed California Environmental Quality Act (CEQA) Action: Find that this agreement is not a project as defined in California Code of Regulations (CCR) Section 15378 (transfer of land use authority involving administrative activities of government agencies) of the CEQA Guidelines.
Attachments: 1. Board Report, 2. Attachment A - Land Use Regulatory Jurisdiction Agreement and Covenant and Agreement to Hold Property as One Parcel (“Agreement”), 3. Attachment B - Site Survey, 4. Completed Board Order Item No. 46

Title

Authorize the Director of Housing and Community Development to execute a Land Use Regulatory Jurisdiction Agreement and Covenant (Agreement) with the City of Carmel by the Sea and Agreement to Hold Property as One Parcel with Karen Ruth Hobbs as Trustee of the Karen Ruth Hobbs Trust dated January 28, 2004, owner of real properties located off Santa Rita Street, Carmel (Assessor’s Parcel Numbers 009-146-028-000 and 009-146-029-000).

Proposed California Environmental Quality Act (CEQA) Action: Find that this agreement is not a project as defined in California Code of Regulations (CCR) Section 15378 (transfer of land use authority involving administrative activities of government agencies) of the CEQA Guidelines.

Body

PROJECT INFORMATION:

Project Location: Santa Rita Street between 1st Avenue and Pico Street, Carmel

APN:  009-146-028-000 and 009-146-029-000

Agent: Christine Kemp

Plan Area: Carmel

 

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a.  Find that this agreement is not a project as defined in CCR Section 15378 of the CEQA Guidelines; and

b.   Authorize the Director of Housing and Community Development to execute a Land Use Regulatory Jurisdiction Agreement and Covenant (Agreement) with the City of Carmel by the Sea and Agreement to Hold Property as One Parcel with Karen Ruth Hobbs as Trustee of the Karen Ruth Hobbs Trust, owner of real properties located off Santa Rita Street, Carmel (Assessor’s Parcel Numbers 009-146-028-000 and 009-146-029-000).

 

SUMMARY:

The Karen Ruth Hobbs Trust is the owner of two parcels located off Santa Rita Street in Carmel. The Northerly property is located in the unincorporated area of the County of Monterey and the south property is located in the City of Carmel by the Sea. The properties have been improved for residential use with structures partially crossing the parcel lines (existing condition). The owner would like to remodel and add to the existing residential structures and continue the use of both properties as one property.  Due to jurisdictional boundaries, the parcels cannot be formally merged without approval by the Monterey County Local Agency Formation Commission (LAFCO). Thus, the applicant, in cooperation with the City of Carmel and the County of Monterey, have proposed a Land Use Regulatory Jurisdiction Agreement and Covenant (Agreement) to hold the two parcels as one for planning and regulatory purposes.

 

The Agreement establishes regulatory oversight for land use permitting by the City of Carmel-by-the-Sea for the two parcels spanning City and unincorporated County of Monterey jurisdictional boundaries, without formally merging the parcels or initiating an annexation. The Agreement maintains existing tax structures and jurisdictional boundaries, avoids the complexity of annexation while designating all permitting authority across both parcels to the City of Carmel by the Sea.

 

OTHER AGENCY INVOLVEMENT:

The Carmel by the Sea City Council approved the Agreement on June 2, 2025.

The Agreement has been reviewed as to form by the Office of the County Counsel.

LAFCO and the Assessor’s Office were consulted prior to drafting the Agreement.

 

FINANCING:

Funding for staff time associated with processing this Agreement is included in the FY24-25 Adopted Budget for the Housing and Community Development Department.

 

Approved by: Craig Spencer, Director

 

The following attachments are on file with the Clerk of the Board:

Attachment A - Land Use Regulatory Jurisdiction Agreement and Covenant and Agreement to Hold Property as One Parcel (“Agreement”)

Attachment B - Site Survey

                    

cc: Front Counter Copy; California Coastal Commission; Marina Camacho, Assessor; Craig Spencer, HCD Director, Chip Rerig, Carmel City Administrator; Christine Kemp, Applicant’s representative; Mary Grace Perry, Deputy County Counsel; The Open Monterey Project (Molly Erickson); LandWatch