Title
PLN220359 - CASA ONDULADO LLC (FORMERLY SOSKE ANN ELIZABETH & STEPHEN EDWARD TRS)
Continued from August 28, 2024 - public hearing to consider a coastal permit to allow a lot line adjustment between two legal lots of record consisting of Lot 1 (APN 008-441-033-000, approximately 5.24 acres) and Lot 2 (APN 008-441-035-000, approximately 1.11 acres), resulting in two parcels containing 5.02 acres (Adjusted Lot 1) and 1.33 acres (Adjusted Lot 2), respectively.
Project Location: 1451 Ondulado Road, Pebble Beach & 1467 Padre Lane, Pebble Beach.
Proposed CEQA action: Find the project Categorically Exempt pursuant to CEQA Guidelines section 15305.
Report
RECOMMENDATIONS
It is recommended that the Planning adopt a resolution to:
a. Find the project qualifies for a Class 5 Categorical Exemption pursuant to CEQA Guidelines Section 15305 and none of the exceptions under Section 15300.2 apply; and
b. Approve a Coastal Development Permit to allow a Lot Line Adjustment between two (2) legal lots of record: Lot 1 (APN 008-441-033-000, approximately 5.24 acres) and Lot 2 (APN 008-441-035-000, approximately 1.11 acres), resulting in two parcels containing 5.02 acres (Adjusted Lot 1) and 1.33 acres (Adjusted Lot 2), respectively.
The attached draft resolution includes findings and evidence for consideration (Exhibit A). Staff recommends approval subject to 6 conditions of approval.
PROJECT INFORMATION
Agent: Joel Panzer
Property Owner: Casa Ondulado LLC
APN: 008-441-033-000 & 008-441-035-000
Parcel Size: 5.24 acres & 1.11 acres
Zoning: Low Density Residential, 1.5 acres per unit, Design Control Overlay, Coastal Zone or “LDR/1.5-D(CZ)”
Plan Area: Del Monte Forest Land Use Plan
Flagged and Staked: No
Project Planner: Christina Vu, Assistant Planner
(831) 755-5139 or vuc@countyofmonterey.gov
SUMMARY
On August 28, 2024, the Planning Commission considered the proposed project and after public testimony continued the hearing to September 11, 2024, to allow staff time to provide additional explanation demonstrating consistency with applicable site development standards. Staff is now returning with a revised Draft Resolution (Exhibit A).
As a reminder, the project site is located at 1451 Ondulado Road (Lot 1) & 1467 Padre Lane (Lot 2) in Pebble Beach within the Del Monte Forest Land Use Plan. The project involves a Lot Line Adjustment (LLA) between two legal lots of record, Lot 1 (5.24 acres) and Lot 2 (1.11 acres), resulting in two parcels containing 5.02 acres (adjusted Lot 1) and 1.33 acres (adjusted Lot 2). The purpose of the LLA is to reconfigure the parcel lines to allow direct access from Padre Lane to 1467 Padre Lane. In accordance with Title 20 section 20.14.050, the resulting lots would remain consistent with applicable policies, regulations, and development standards in the Del Monte Forest Land Use Plan (DMF LUP), the Del Monte Forest Coastal Implementation Plan (DMF CIP), and Title 20.
DISCUSSION:
Title 20 (Zoning Ordinance) establishes a maximum development density for each residential zoning district. Site development standards in the LDR zoning district provides a maximum development density that limits the number of units per specific acreage. However, in cases where the existing legal lot of record is smaller in size than the density’s acre requirement, density would not preclude the first single family dwelling. This is because the first single family dwelling is a principally allowed use in all residential zoning districts. The first unit would, however, be subject to all other site development standards (setbacks, height, site coverage, etc.). Second, third, and fourth units are conditionally allowed uses in residential zoning districts, provided the property contains the acreage to support additional development. It is important to distinguish density allowances from minimum lot size. To determine minimum lot size, the applicable zoning district’s “minimum building site” standard is utilized. The LDR zoning district specifies a minimum building site of one acre. Lot 1 and 2 currently comply with the one-acre minimum lot size. Adjusted Lots 1 (5.02 acres) and 2 (1.33 acres) will continue to adhere to the minimum lot size requirement.
In this case, the subject zoning district allows a residential unit to occupy a property that contains at least 1.5 acres of land. Lot 1 is currently developed with a single family dwelling while Lot 2 is undeveloped. At 5.24 acres and only developed with one unit, Lot 1 currently has a less intensive density than what is allowed by the zoning district. However, Lot 1’s current size (5.24 acres) could support a total of three units provided appropriate entitlements were obtained. Lot 2 (1.11 acres) is less than 1.5 acres. Although the subject zoning district (LDR/1.5) requires 1.5 acres per unit, as described above, this restriction would not preclude Lot 2 from being developed with the first single family dwelling but would apply to additional dwelling units. It should be noted that at its current size, Lot 2 could not support additional units. Therefore, if Lot 2 were to be developed with one residence, the maximum allowed density standard would not prevent such development, though other land use and environmental factors may limit the development potential of this lot. After adjustment, Lot 1 (5.02 acres) will continue to have the acreage to support up to three units and Lot 2 (1.33 acres) will continue to only support one unit. Therefore, the maximum development potential and overall density would not change with the adjustment of the lots.
In conclusion, implementation of the proposed project will reconfigure the existing lots and result in two lots that conform to the minimum lot size and maximum density requirements. The LLA would not create new lots (i.e., would not subdivide the existing parcels) and would not intensify the combined level of development allowed on the parcels.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from environmental review pursuant to Section 15305 of the CEQA Guidelines, “Minor Alterations to Land Use Limitations”. The Class 5 exemption applies to minor alterations in land use limitations in areas with an average slope of less than 20%. This project qualifies for Class 5 exemptions because it includes a minor lot line adjustment between two legal lots of records. All the necessary reports have been obtained and have determined that it is unlikely there will be any impacts to archaeological resources, forest resources, or visual impacts. There are no exceptions pursuant to Section 15300.2; the proposed Lot Line Adjustment will not occur in an area with an average slope of 20% or greater, successive projects would not contribute to a significant cumulative impact, there are no unusual circumstances regarding this project that would cause a significant impact to the environment, the proposed development would not result in damages to scenic resources and the project site is not located on or near any hazardous waste sites.
OTHER AGENCY INVOLVEMENT
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
HCD-Engineering Services
Environmental Health Bureau
HCD-Environmental Services
Pebble Beach Community Service District
LUAC:
The project was referred to the Del Monte Forest Land Use Advisory Committee (LUAC) for review. The LUAC reviewed the project at a duly noticed public meeting on June 6, 2024 and voted unanimously to support the project as proposed. There were no public comments made at this meeting and none have been received by the county regarding this project.
Prepared by: Christina Vu, Assistant Planner, x5139
Reviewed by: Anna Ginette Quenga, AICP, Principal Planner
Approved by: Melanie Berreti, AICP, Chief of Planning
The following attachments are on file with HCD:
Exhibit A - Draft Resolution including:
• Recommended Conditions of Approval
• Site Plans
Exhibit B - LUAC Meeting Minutes
Exhibit C - Vicinity Map
cc: Front Counter Copy; Planning Commission; Pebble Beach Community Service District; HCD-Environmental Services; HCD-Engineering Services; Environmental Health Bureau; Christina Vu, Planner; Anna Ginette Quenga, AICP, Principal Planner; Casa Ondulado LLC, Property Owners; Joel Panzer, Agent; The Open Monterey Project; LandWatch (Executive Director); Laborers International Union of North America (Lozeau Drury LLP); Planning File PLN220359