Title
PLN230127 - MCDOUGALL AMY E.
Continued from August 28, 2024 - public hearing to consider the construction of a six-story single-family dwelling with an attached garage, attached accessory dwelling unit, attached junior accessory dwelling unit, covered and uncovered decks, patios, and exterior staircases, and associated site improvements including the removal of Coast live oaks, drilling a domestic well, and development on slopes in excess of 25 percent. This project involves a reduction of the required front, side, and rear setbacks from 5 feet to 0 feet without seeking a variance.
Project Location: 10196 Oakwood Circle, Carmel
Proposed CEQA action: Statutorily Exempt pursuant to CEQA Guidelines section 15270.
Report
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution:
1) Finding that the project is Statutorily Exempt pursuant to CEQA Guidelines section 15270, and
2) Denying a Combined Development Permit consisting of:
a. An Administrative Permit and Design Approval to allow construction of a 12,469.5 square foot six-story single-family dwelling with an attached 934 square foot garage, an attached 2,124 square foot ADU, an attached 483 square foot JADU, and 3,419.5 square feet of covered and uncovered decks, patios, and exterior staircases, and associated site improvements including drilling a domestic well;
b. Use Permit to allow the removal of up to five Coast live oaks;
c. A Use Permit to allow development on slopes in excess of 25%; and
d. A reduction of the required front, side, and rear setbacks from 5 feet to 0 feet without seeking a variance.
The attached draft resolution includes findings and evidence for consideration (Exhibit B).
PROJECT INFORMATION
Agent: Anna Bornstein, EMC Planning Group
Property Owner: Amy McDougall (c/o Rene Peinado)
APN: 416-542-011-000
Parcel Size: 0.081 acres (3,252 square feet)
Zoning: Medium Density Residential, 5 units per acre, Design Control overlay, Site Plan Review overlay, Residential Allocation Zoning overlay (MDR/5-D-S-RAZ)
Plan Area: Carmel Valley Master Plan
Flagged and Staked: No. Visual simulations incorporated into project plans.
Project Planner: Fionna Jensen, Senior Planner
JensenF1@countyofmonterey.gov, 831-796-6407
SUMMARY
The subject property is located approximately 0.4 miles south of Carmel Valley Road, within the Oakshire Phase II-III Subdivision. The surrounding land use consists of residences within the same subdivisions. Single-family dwellings are developed on lots immediately to the north of the property, while lots immediately to the west, east, and south are vacant and zoned Open Space. The majority of the 0.08-acre property contains slopes exceeding 25 percent, is vegetated with numerous Coast live oaks, and is currently vacant.
The Applicant/Owner proposes the construction of a six-story single-family dwelling with an attached garage, attached accessory dwelling unit (ADU), attached junior accessory dwelling unit (JADU), outdoor decks and patios, and associated site improvements including the removal of Coast live oaks and drilling a domestic well. Although the residential structure and site improvements are designed to encroach into the required 5-foot setbacks on all sides, the Applicant/Owner is not seeking approval of a Variance to modify such requirement. The project also includes development on slopes in excess of 25 percent.
This item was previously scheduled for the August 28, 2024 Planning Commission hearing but was continued to September 25, 2024, because the Applicant/Owner was unable to attend the August hearing, and the project was not properly noticed. Though the item was noticed properly in the local newspaper and mailed to interested parties 10 days in advance of the August 28, 2024, Planning Commission hearing, the Applicant/Owner failed to post notices on or near the project site. To ensure all noticing requirements have been met for the September 25, 2024 hearing, staff posted notices near the subject property on September 17, 2024. Additional noticing in the newspaper and via mail is not required.
DISCUSSION
The underlying zoning district for the subject property is Medium Density Residential (MDR), which allows for the establishment of the first single-family dwelling as an allowed use, subject to no discretionary permits. However, pursuant to Title 21 section 21.44.030.A and 21.45.040.B, all development located in the Design Control and Site Plan Review zoning overlay districts are subject to a Design Approval and Administrative Permit, respectively. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) meeting the requirements of Title 21 section 21.64.030 are ministerial projects. However, the proposed structure, inclusive of the internal/attached ADU and JADU, requires development on slopes in excess of 25 percent and tree removal and therefore requires the granting of the appropriate discretionary permit before the accessory units can be constructed.
The property is governed by regulations and policies in the 2010 General Plan, Carmel Valley Master Plan, Carmel Valley Ranch Specific Plan, and Monterey County Inland Zoning Ordinance (Title 21). As proposed, the project is inconsistent with applicable policies and requirements of the governing documents, which address setbacks, colors and materials, bulk and mass, easement allowances, alterations of landform, tree removal, and hydrology. Additionally, violations of Title 21 (Zoning Ordinance) currently exist on the property. Finally, the project plans provide misleading and factually incorrect information, namely inaccurate floor area calculations and misstatements as to current topographic conditions. These inconsistencies, inaccuracies, and misstatements are discussed in more detail in Exhibit A (Discussion).
During the course of review, HCD-Planning staff received numerous letters opposing the proposed project (Exhibit I). These letters were primarily submitted by residents of the subject subdivision and the subdivision’s HOA. Members of the public object to the proposed height, colors materials, and size of the residence, citing its inconsistency with the Carmel Valley Master Plan and Carmel Valley Ranch Specific Plan, and lack of compatibility with the surrounding neighborhood. Additionally, concerns included the project’s potential impact on aesthetics, specifically nighttime light pollution, neighborhood safety, slope stability, drainage, nearby trees, and property values.
ENVIRONMENTAL REVIEW
CEQA Guidelines section 15270 and Public Resources Code Section 21080(b)(5) states that the California Environmental Quality Act does not apply to projects that a public agency rejects or disapproves. As currently designed and proposed, staff recommends the Planning Commission deny the project due to inconsistencies with applicable Monterey County Code.
OTHER AGENCY INVOLVEMENT
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Environmental Health Bureau
HCD-Engineering
HCD-Environmental Services
Cypress Fire Protection Department
LUAC
The proposed project was referred to the Carmel Valley Land Use Advisory Committee for review on June 17, 2024. At this meeting, members of the public raised concerns relating to setbacks, the size and internal circulation of the ADU, impacts on public and private views, neighborhood compatibility, development on steep slopes, erosion control, and parking. Members of the LUAC raised similar concerns and noted that the proposed amount of glass could cause light pollution. After public testimony, the LUAC voted 4-0 to not support the project as proposed (Exhibit D).
Prepared by: Fionna Jensen, Senior Planner
Reviewed by: Anna Ginette Quenga, AICP, Principal Planner
Approved by: Melanie Beretti, AICP, Chief of Planning
The following attachments are on file with the HCD:
Exhibit A - Discussion
Exhibit B - Draft Resolution including:
• Site Plans, Floor Plans, Elevations, Colors & Materials
Exhibit C - Vicinity Map
Exhibit D - LUAC Minutes (June 17, 2024)
Exhibit E - Neighborhood Photos
Exhibit F - Recorded Final Map
Exhibit G - Arborist Report
Exhibit H -Site Visit Photos
Exhibit I - Public Comment
cc: Front Counter Copy; Planning Commission; Fionna Jensen, Senior Planner, Anna Ginette Quenga, AICP, Principal Planner, Melanie Beretti, AICP, Chief of Planning; Anna Bornstein, EMC Planning Group, Agent; Amy McDougal, Owner; Rene Peinado, Applicant; The Open Monterey Project (Molly Erickson); LandWatch (Executive Director); Christina McGinnis, Keep Big Sur Wild; Laborers International Union of North America (Lozeau Drury LLP); Interested Party List; Project File PLN230127