Title
Public hearing to consider adoption of Resolution to:
a. Deny an appeal by Kevin Dunne, from the decision of the Zoning Administrator approving a Design Approval application (Herman/PLN140098) to demolish an existing one story single family dwelling and allow the construction of a 3,223 square foot two-story single family residence with a 417 square foot attached garage, 573 square feet of covered patios, a 54 square foot covered patio on second floor, and grading (approximately 35 cubic yards of cut and 20 cubic yards of fill); and
b. Find the project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302; and
c. Approve the Design Approval to demolish an existing one story single family dwelling and allow the construction of a 3,223 square foot two-story single family residence with a 417 square foot attached garage, 573 square feet of covered patios, and a 54 square foot covered patio on second floor, and grading (approximately 35 cubic yards of cut and 20 cubic yards of fill).
(Appeal of Design Approval PLN140098/Herman, 1024 Rodeo Road, Pebble Beach, Greater Monterey Area Plan)
Report
PROJECT INFORMATION:
Planning File Number: PLN140098
Owner: Herman, Bruce and Susan
Project Location: 1024 Rodeo Road, Pebble Beach
APN: 007-323-001-000
Agent: Dale Ellis, Anthony Lombardo at Law
Plan Area: Greater Monterey Peninsula Area Plan
Flagged and Staked: Yes
CEQA Action: Categorically Exempt
RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt resolution (Attachment B) to:
a. Deny an appeal by Kevin Dunne from the decision of the Zoning Administrator approving a Design Approval application (Herman/PLN140098) to demolish an existing one story single family dwelling and allow the construction of a 3,223 square foot two-story single family residence with a 417 square foot attached garage, 573 square feet of covered patios, and a 54 square foot covered patio on second floor, and grading (approximately 35 cubic yards of cut and 20 cubic yards of fill); and
b. Find the project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302; and
c. Approve the Design Approval to demolish an existing one story single family dwelling and allow the construction of a 3,223 square foot two-story single family residence with a 417 square foot attached garage, 573 square feet of covered patios and a 54 square foot covered patio on second floor, and grading (approximately 35 cubic yards of cut and 20 cubic yards of fill).
SUMMARY:
On February 11, 2014, the "Applicants", Bruce and Susan Herman applied for a Design Approval to demolish an existing one story single family dwelling and construct a new two story 3,223 square foot two-story single family residence with a 417 square foot attached garage. At the Zoning Administrator Hearing on May 29, 2014, no issues were raised with the design of the house, but a neighbor expressed that the house should maintain a front yard setback (20') from an adjacent parcel that is identified as a "lane" on the Final Map that created the subdivision. The neighbor argued that this lane should be treated as a private street. Staff presented information that the parcel did not function as a lane and should not be considered a private street and so a front yard setback is unwarranted. The Zoning Administrator wanted confirmation that the Pebble Beach Company (who owns all the lanes), consider them open space parcels and not for circulation. The Pebble Beach Company submitted a letter stating their position on the status of these "lanes." The Pebble Beach Company stated that it is their decision on a case-by-case basis, to allow a property owner to use the "lane" as entry onto their property. The letter from the Pebble Beach Company clearly states these lanes have separate APN numbers and are classified as Open Space parcels not roads (Attachment F). Therefore contiguous lots need only have side yard setbacks. Upon receiving this information, the Zoning Administrator approved the Design Approval. The Design Approval, as described is consistent with the plans and policies of the 2010 Monterey County General Plan, the Greater Monterey Peninsula Area Plan and the requirements and standards of the Monterey County Zoning Ordinance (Title 21). On May 29, 2014, a Notice of Approved Design Approval was mailed to all property owners within 300 feet of the subject property.
On June 6, 2014, "Appellant", Kevin Dunne, filed a timely appeal from the Zoning Administrator's approval of the Design Approval (PLN140098) (Attachment E). The appeal is brought on the basis that 1) the findings or decision or conditions are not supported by the evidence; and 2) the decision is contrary to law. The hearing on the appeal at the Board of Supervisors is de novo.
The hearing before the Board of Supervisors was duly noticed for July 22, 2014.
DISCUSSION:
A detailed discussion is provided in Attachment A.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
RMA-Building Services Department
FINANCING:
Funding for staff time associated with this project has been provided through payment of all appropriate appeal fees.
Prepared by: Elizabeth Gonzales, Associate Planner, ext. 5102
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
Benny Young, Director, Resource Management Agency
This report was reviewed by John Ford, Planning Services Manager.
cc: Front Counter Copy; Board of Supervisor's (6); County Counsel; Mike Novo, Director-RMA Planning Department; Benny Young, Director of the Resource Management Agency; John Ford, Planning Services Manager; Bruce Herman, Owner; Dale Ellis, Representative; John Bridges, Attorney for Appellant; Kevin Dunne, Appellant; The Open Monterey Project; LandWatch; Project File PLN140098.
The following attachments have been distributed to the Board of Supervisors and are on file with the Clerk of the Board:
Attachment A Discussion
Attachment B Draft Board Resolution
Exhibit 1 to Attachment B Conditions of Approval
Exhibit 2 to Attachment B Project Site Plan, Elevations and Floor Plans
Attachment C Vicinity Map
Attachment D Approved Design Approval PLN140098/Herman
Attachment E Notice of Appeal (June 6, 2014)
Attachment F May 29, 2014 letter from Margaret Leighton, Pebble Beach Company.