Title
PLN260091 - ATN GEMESIS LLC
Public hearing to consider action on an after-the-fact Commercial Vacation Rental to allow the use of residential property for transient lodging for a period of 30 calendar days or fewer to clear code enforcement case 26CE00804.
Project Location: 1115 Porque Lane, CA 93953 Del Monte Forest Land Use Plan
Proposed CEQA action: Find the project Categorically Exempt pursuant to CEQA Guidelines section 15301, and there are no exceptions under Section 15300.2.
Report
RECOMMENDATIONS
It is recommended that the Zoning Administrator adopt a resolution to:
a. Find the project qualifies for a Class 1 Categorical Exemption from CEQA Guidelines Section 15301, and that none of the exceptions from Section 15300.2 apply to the project; and
b. Approve an After-the-fact Coastal Development Permit for a Commercial Vacation Rental to allow the use of a residential property for transient lodging for a period of 30 calendar days or fewer to clear code enforcement case 26CE00804.
The attached draft resolution includes findings and evidence for consideration (Exhibit A). Staff recommends approval subject to 6 conditions of approval.
PROJECT INFORMATION
Agent: Michael Weiderholt
Property Owner: ATN GEMESIS LLC
APN: 008-281-026-000
Parcel Size: 1.6 acres
Zoning: split-zoned Open Space Recreation with a Design Control overlay, Resource Conservation with a Design Control overlay, and Low Density Residential with a maximum Density of 1.5 units per acre and a Design Control overlay in the Coastal Zone or “OR-D(CZ)|RC-D(CZ)|LDR/1.5-D(CZ)”
Plan Area: Del Monte Forest Land Use Plan
Flagged and Staked: N/A
Project Planner: Jade Mason, Assistant Planner
masonj@countyofmonterey.gov, (831) 755-3759
SUMMARY/DISCUSSION
The project site is located at 1115 Porque Lane, a privately maintained road, within Pebble Beach, within the Del Monte Forest Land Use Plan of the unincorporated County of Monterey. The Applicant submitted an application on January 2, 2026 seeking to use their existing single-family dwelling located in a residentially zoned neighborhood as a Commercial Vacation Rental. According to Title 20 section 20.64.290.G.2, the operator will be allowed to continue operating as a Vacation Rental for up to two months or until the County takes actions on the Operator’s application for all required permits, licenses and entitlements, whichever is later, provided the application is diligently pursued. This application was submitted after the coastal grace period, which ran from October 2025 to December 2025. Subsequent conditions require the applicant to obtain the proper license prior to commencement of use and within 60 days should this application be approved. The site is developed with a single-family dwelling and attached garage, and the surrounding area is developed with single-family dwellings. The single family dwelling is near Steveson School (1.9 miles), Spyglass Hill Golf Course (1.7 miles), Cypress Point Club (0.2 miles), Pebble Beach Golf Links (1.6 miles), S.F.B. Morse Gate to 17 Mile Drive (4.2 miles), and Highway 1 Gate to 17 Mile Drive (4.5 miles) (Exhibit B).
The proposed commercial vacation rental is within the existing two-story 4,609 square foot single-family dwelling consisting of 5 bedrooms, 5 bathrooms, an office, a storage room, and an attached garage. All of which is proposed to be used as a commercial vacation rental. In total, there will be five bedrooms and three bathrooms for a maximum occupancy of 10 overnight guests and 15 daytime guests. The property will retain its potable water through California American Water, a public water provider, through the Monterey Peninsula Water District, and Pebble Beach Community Services District (PBCSD) will continue to provide sewer service. The property will retain its solid waste services with PBCSD.
In the immediate neighborhood (500-foot radius from the residence), there are no other applications for a Vacation Rental Operations License. If approved, the granting of this Coastal Development Permit would allow the establishment of the 10th permitted vacation rental in the Del Monte Forest Land Use Plan out of a maximum of 57 commercial vacation rentals that may be issued at any given time pursuant to Title 20 Section 20.64.290.F.3.d.
Based on staff’s analysis, the proposed project is consistent with the policies and regulations pertaining to zoning uses and any other applicable provisions of the 1982 Monterey County General Plan (General Plan), Del Monte Forest Land Use Plan (DMF LUP), Del Monte Forest Coastal Implementation Plan (DMF CIP), Monterey County Code Title 7 Chapter 7.120, Monterey County Code Chapter 16.80, and applicable sections of the Monterey County Coastal zoning ordinance (Title 20).
Land Use
The parcel is split-zoned Open Space Recreation with a Design Control overlay, Resource Conservation with a Design Control overlay, and Low Density Residential with a maximum density of 1.5 units per acre and a Design Control overlay in the Coastal Zone or “OR-D(CZ)|RC-D(CZ)|LDR/1.5-D(CZ)”. The residence proposed for a vacation rental is sited on the Low Density Residential portion of the property, allows for the Commercial Vacation Rental use subject to the granting of a Coastal Development Permit pursuant to Title 20 Section 20.14.050.FF. Title 20 Section 20.64.290.F establishes the regulations for a property operating as a Commercial Vacation Rental on such property for transient lodging for a period of 30 calendar days or fewer.
The property complies with Title 20 Section 20.64.290.F.5, adequate emergency response times for fire and emergency medical. The submitted Operations Plan includes contact information for County emergency services for fire and emergency medical. Adequate is defined as 5-8 minutes within Community Areas, Community Plans, and Sphere of Influence, 12 minutes within Rural centers, and 45 minutes for all other areas. Pebble Beach is developed with its own community service district and therefore would be subject to the response times for community areas. Pebble Beach Fire Station 22 is 8 minutes away, and the Community Hospital of the Monterey Peninsula is 14 minutes away, which provides 24-hour emergency medical and fire response services. The Vacation Rental Operation License requires that guests be provided with the contact information on the response time for emergency medical and fire services as a part of the informational notice posted within six feet of the front door (Condition No. 5).
Parking requirements outlined in Title 20 Sections 20.64.290.F.6 and 20.58.040 require that a Single-Family Detached residential dwelling unit have 2 spaces/unit. The application includes adequate parking spaces (5 guest parking spaces), which exceed the minimum requirements.
The subject property complies with the limitation on the number of Commercial Vacation Rentals per legal lot requirements of Title 20 Section 20.64.290.F.7, which allows one Commercial Vacation Rental per legal lot of record. The subject property will be the only Commercial Vacation Rental on the legal lot of record. The owner of the subject property complies with the ownership requirements of Title 20 Section 20.64.290.F.10, wherein the owner of the subject property is allowed to have an ownership interest in one Commercial Vacation Rental within unincorporated Monterey County. The owners of the property do not have an ownership interest in other already operating Commercial Vacation Rentals in unincorporated Monterey County, and this would be their first and only Commercial Vacation Rental in unincorporated Monterey County.
As detailed in the draft resolution (Exhibit A), the Applicant/Owner has provided evidence of compliance with the applicable requirements. The designated Property Manager for the Commercial Vacation Rental will be Michael Wiederholt of Monterey Rentals, who will reside at 816 Wave Street, Monterey, CA 93940, which is about a 20-minute drive away. Michael Wiederholt’s contact information will be provided to the guests of the property, and Michael Wiederholt will be available 24/7 to respond to guest or neighborhood questions or concerns and has the ability to arrive within 30 minutes. Michael Wiederholt's contact information will be provided to guests as a part of the informational notice posted within six feet of the front door as required pursuant to Title 7 Section 7.120.040.L.
The property has a maximum occupancy of 10 overnight guests and 15 daytime guests. The proposed occupancy does not exceed the limits set forth in the California Uniform Housing Code and the requirements enumerated in Title 7 Section 7.120.070.C, which limit the maximum overnight occupancy to two persons per bedroom plus one not counting infants (zero to twelve months), with a not to exceed total maximum overnight occupancy of 10 overnight guests, regardless of the number of bedrooms in the property.
To ensure the proposed use will not affect the residential character of the neighborhood, the following two conditions have been incorporated. Condition No. 3 has been incorporated to ensure that the property will not be rented for the purposes of holding a corporate or private event venue, and Condition No. 4 to ensure that the property will remain in compliance with the regulations for Vacation Rentals in Title 7 Chapter 7.120, Title 20 section 20.64.290 and the Conditions of Approval. Additionally, the proposed Commercial Vacation Rental is subject to Monterey County’s Noise Ordinance (Chapter 10.60), which prohibits loud or unreasonable noise between the hours of 9:00PM and 7:00AM. In accordance with Title 20 section 20.70.060, if the property is found to be in violation of the approved operations plan or conditions of approval attached to this Coastal Development Permit, the permit may be revoked for non-compliance.
Access and Private Road Regulations
The property is within the Pebble Beach area and is currently managed by the Pebble Beach Company, which is the legally established governing structure for the private roads used to access the subject parcel. Pebble Beach Company is authorized to make determinations regarding the use, maintenance, and related matters regarding the private road. Pursuant to Title 20 section 20.64.290.F.4, the subject property must comply with Title 16 Chapter 16.80, which regulates private roads in Monterey County. The private road accessing the property is subject to a private road agreement, which is recorded as a grant deed for the subject property (Exhibit F). The property’s deed restrictions are privately enforced by the grantor of the deed restrictions, the Pebble Beach Company. While the County does not enforce or regulate CCRs, these documents may include provisions that serve as private road agreements and/or private road maintenance agreements. The County reviews these documents only to understand whether such private road agreements exist and how to proceed pursuant to Chapter 16.80. Beyond this limited use, the County has no role in enforcing the deed restrictions or resolving disputes related to them; enforcement remains entirely a civil matter between the affected parties.
The deed contains the following language related to the “Maintenance of Road”, stating the “Grantee, his family and servants and his tenants and guests occupying or visiting said premises shall be entitled to the use of all roads and bridle paths now or hereafter owned by Grantor and to free … to Del Monte Forest. Grantor reserves the right to change, abandon or close any of said roads or bridle paths but agrees to leave open a road from said premises to the nearest public highway. As long as Grantor shall keep such a road in repair, the owner of said premises shall be obligated to pay Grantor the sum of $25.00 on each January 1st hereafter, which sum shall be a lien and charge on said premises”. The plain language of this deed restriction gives the property owner access to their property as long as they pay $25 each January 1st. Therefore, the project is classified as a Tier 4 category pursuant to Title 16 Chapter 16.80, which means the language identified under the “Maintenance of Road” constitutes a private road agreement and a private road maintenance agreement.
Although the deed allows the property owner the right to access, subsequent language under “Covenants and Conditions” (Restriction No. 1) states that “No trade, business or profession of any description shall be conducted on said premises. Said premises shall not be used for any purpose whatever except solely and exclusively for the purpose of construction and maintenance of not more than one private single family residence…”. The CC&Rs are enforced by the Pebble Beach Company and are between them and the property owner.
Title 16 section 16.80.040.C requires written notice for projects involving the use of a private to all parties to a private road and interested parties of the private road or project. However, noticing is not required for those projects with access via a private road(s) that are subject to a legally established private road governing structure such as a homeowners' association or similar organization where said governing structure is authorized to make determinations regarding the use, maintenance, and related matters regarding the private road(s). Examples of such projects include are not limited to projects considered allowed uses within subdivisions such as the Del Monte Forest area. The notice provides the opportunity for any party to a private road to object and subsequently resolve any potential disputes prior to the consideration of the project by the Appropriate Authority.
The Pebble Beach Company was notified of the project and submitted a letter on October 9, 2024, and July 27, 2026, to the County stating that they have a blanket objection to the use of residential property in Pebble Beach as commercial vacation rentals. These letters state that Pebble Beach Company believes that “…the plain meaning of the CC&R language bans short-term vacation rentals in the Del Monte Forest” due to the language outlined in Restriction No. 1. Therefore, since this language exist, the Pebble Beach Company argues that the property owner does not have a right to access the road for the purposes of a CVR. (Exhibit E)
The applicant is aware of the objections and restrictions outlined within the CCRs and believes they have the right to access and use the property for the proposed application of a Commercial Vacation Rental. The plain language in the deed provides the owner the right to access; however subsequent language within the CCRs potentially restricts such use. The CCRs are held between the Pebble Beach Company and the property owner in which the County is not a party to, as such the issue is a civil matter between the private entities. In this case, the County does find there is a substantive dispute that exists over the plain language regarding the rights to access and further language under the CCRs.
Title 16 section 16.80.060.A states that if the Appropriate Authority finds, based on substantial evidence in the record, that a substantive dispute exists regarding the use of a private road for a project, the Appropriate Authority “may approve the project but shall require as a condition of project approval that the applicant provide the County with proof of access demonstrating that the dispute has been satisfactorily resolved”. Therefore, staff recommends that Condition of Approval (Condition No. 6) to ensure that the substantial dispute regarding the plain language of the private road agreement is resolved prior to the applicant commencing the use of their property as a commercial vacation rental. This Condition requires that the applicant provides the County of Monterey Housing and Community Development (HCD) staff with adequate documentation that the private road dispute has been satisfactorily resolved and the use of the property as a commercial vacation rental is allowed and does not violate the plain language of any deed restrictions and/or private road agreement. Proof of the private road dispute resolution is described in Chapter 16.80 may include written agreement from the parties to the private road, a final settlement or final judicial determination. This proof is required within 60 days of approval, or the Vacation Rental Operation License will be denied, and all vacation rental operations must cease.
Violation
The application was submitted after the grace period and therefore should not be operating without the benefit of proper permits. Advertisements of a vacation rental on hosting platforms state the property has a minimum stay of 30 nights or 31 days, which would not meet the definition of a vacation rental. Therefore, County staff has not issued a citation or opened a case stating that the property may possibly be in violation with Monterey County Code through the operation of a non-permitted vacation rental. However, upon recent further investigation, evidence was found that despite these advertisements, vacation rentals continued to occur over the past few months that demonstrated rentals of less than 30 nights, which would require an approved discretionary permit and appropriate licenses. A code enforcement case was opened, 26CE00804, to ensure operations and advertisements discontinue, and that a permit and license is obtained prior to continuing the use the property for a commercial vacation rental. A citation was not yet issued; however, approval of this permit would abate the violation subject to any remaining enforcement fines.
CEQA:
The project qualifies as a categorical exemption from environmental review pursuant to CEQA Guidelines section 15301. This exemption applies to the operation of existing private structures, involving negligible or no expansion of an existing use. The Applicant/Owner proposes to use a residential single-family dwelling for transient lodging where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession, or tenancy for a period of 30 consecutive calendar days or fewer. This project does not propose or authorize any additional exterior development and/or expansion of the existing structure currently on the project site.
The subject property will be limited to one rental contract at any given time. All facilities, as planned and approved, have been confirmed by County agencies to be adequate for this use. Therefore, the proposed use is consistent with the CEQA Guidelines Section 15301. None of the exceptions under CEQA Guidelines Section 15300.2 apply to this project. Additionally, there will be no significant effect on the environment due to unusual circumstances. Further, there is no evidence that “the cumulative impact of successive projects of the same type in the same place, over time is significant.”
The County prepared a FEIR for the Vacation Rental Ordinances project, which was certified by the Board of Supervisors on August 27, 2024 (SCH# 2022080643). The FEIR analyzed the project for environmental impacts and did not identify any significant impacts of Commercial Vacation Rentals up to the Commercial Vacation Rental cap set for each County of Monterey Planning Area. This Commercial Vacation Rental does not exceed the cap of 57 on Commercial Vacation Rentals in the Del Monte Forest Land Use Plan. It would be the 10th Commercial Vacation Rental in the Carmel Area Land Use Plan. The FEIR did address public comments that vacation rentals have the potential for negative side effects including nuisance issues such as traffic, parking and noise. However, no significant environmental effects were identified. County regulations have been developed and are in effect to ensure that vacation rentals remain compatible with existing residential uses. Cumulative impacts of the regulations taken together with other past, present, and probable future projects were analyzed and no significant effects were identified. There is no evidence suggesting that approving this project would result in significant environmental impacts.
OTHER AGENCY INVOLVEMENT
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
HCD-Planning
Prepared by: Jade Mason, Assistant Planner
Reviewed and Approved by: Jacquelyn M. Nickerson, Principal Planner
The following attachments are on file with HCD:
Exhibit A - Draft Resolution including:
- Recommended Conditions of Approval
- Operations Plan
- Site Plan
Exhibit B - Aerial Image and Surrounding Neighborhood
Exhibit C - Vicinity Map
Exhibit D - Home Inspection Checklist
Exhibit E - Pebble Beach Objection Letter
Exhibit F - Private Road Agreement Language
cc: Front Counter Copy; Jacquelyn M. Nickerson, Principal Planner; HCD-Planning; Jade Mason, Assistant Planner; ATN GEMESIS LLC, Property Owners; Michael Weiderholt, Agent; Interested Parties: The Open Monterey Project (Molly Erickson); Laborers International Union of North America (Lozeau Drury LLP); Christina McGinnis, Keep Big Sur Wild; LandWatch; Planning File PLN260091