Title
PLN150755-AMD2 - RAVEN SCOTT & RAVEN CHARLYSE
Public hearing to consider a second Minor and Trivial Amendment to previously approved Combined Development Permit (PLN150755), as amended by PLN150755-AMD1, that allowed construction of a 4,061 square foot single family dwelling with a 298 square foot attached garage within 750 feet of a known archaeological resource and 100 feet of Environmentally Sensitive Habitat Area, a Variance to increase the allowable site coverage by 3.9%, and a Variance to increase the allowable floor area ratio by 5.3%. This second Amendment would reduce the previously approved floor area by 610 square feet and site coverage by 468 square feet resulting in a 3,460 square foot single family dwelling with a 289 square foot garage, eliminate the floor area ratio and site coverage variances, and include approximately 4,000 square feet of off-site riparian habitat restoration.
Project Location: 3213 Whitman Lane, Pebble Beach, Coastal Zone.
Proposed CEQA Action: Consider an Addendum together with a previously adopted Negative Declaration pursuant to CEQA Guidelines sections 15162 and 15164.
Report
RECOMMENDATION:
It is recommended that the Zoning Administrator:
a. Consider an Addendum together with the previously adopted Negative Declaration (SCH. No. 2018031054) pursuant to CEQA Guidelines sections 15162 and 15164; and
b. Approve a second Minor and Trivial Amendment to previously approved Combined Development Permit (PLN150755), as amended by PLN150755-AMD1, that allowed construction of a 4,061 square foot single family dwelling with a 298 square foot attached garage within 750 feet of a known archaeological resource and 100 feet of Environmentally Sensitive Habitat Area, a Variance to increase the allowable site coverage by 3.9%, and a Variance to increase the allowable floor area ratio by 5.3%. This second Amendment would reduce the previously approved floor area by 610 square feet and site coverage by 468 square feet resulting in a 3,460 square foot single family dwelling with a 289 square foot garage, eliminate the floor area ratio and site coverage variances, and include approximately 4,000 square feet of off-site riparian habitat restoration.
A draft resolution, including findings and evidence, is attached for consideration (Exhibit A). Staff recommends approval subject to 13 conditions.
PROJECT INFORMATION:
Property Owner: Raven Scott & Raven Charlyse
Agent: Anthony Lombardo, Attorney, Anthony Lombardo and Associates
APN: 008-401-010-000
Zoning: Low Density Residential, 1.5 units per acre, Design Control Overlay, (Coastal Zone) [LDR/1.5-D(CZ)]
Plan Area: Del Monte Forest Land Use Plan
Flagged and Staked: No
Project Planner: Fionna Jensen, 831-796-6407, jensenf1@co.monterey.ca.us
SUMMARY:
The Project site is in a small residential enclave bounded by the 4th, 5th, 6th, 14th, 15th, and 16th holes of the Pebble Beach Golf Links and is accessed directly from Whitman Lane across from the 15th hole. The subject property consists of a vacant, quasi-triangular shaped parcel of about 0.26 acres in size, which is smaller than adjacent developed residential lots that range between 1 to 2 acres and is within the Del Monte Forest Land Use Plan (LUP) planning area. The property was previously occupied as the former Pebble Beach course maintenance facility (2,700 square foot maintenance building, a lean-to shed, fueling facility, underground storage tanks, concrete pad, and asphalt concrete yard area) but has since been cleared of all structures and other features.
The original project (PLN150755), was heard by the Monterey County Zoning Administrator on April 26, 2018, and the action on the hearing (Resolution No. 18-024) consisted of the adoption of a Negative Declaration and approval of a Combined Development Permit consisting a Coastal Administrative Permit and Design Approval allowing construction of a 4,061 square foot single family dwelling (inclusive of a 1,690 square foot subterranean basement, a 65 square foot utility room) with an attached 298 square foot garage, a Coastal Development Permit to allow development within 750 feet of an archaeological resource, a Variance to exceed lot coverage by 3.9% (totaling 18.9%), and a Variance to exceed floor area ratio by 5.3% (totaling 22.8%). The Zoning Administrator’s approval was appealed by Ted Muhs and Elizabeth McGinnis, Glen and Angela Charles, Richard and Kathleen Doerr, Charles and Helen Schwab and Sally Lucas to the Monterey County Board of Supervisors. On July 10, 2018, the Board of Supervisors denied the appeal of the April 26, 2018 decision of the Zoning Administrator, adopted a Negative Declaration, and approved a Combined Development Permit including a Coastal Administrative Permit and Design Approval to allow the construction of a 4,061 square foot single family dwelling (inclusive of a subterranean basement and utility room) and a 298 square foot garage, a Coastal Development Permit to allow development within 750 feet of an archaeological resource, a Variance to exceed lot coverage by 3.9% (totaling 18.9%), and a Variance to exceed floor area ratio by 5.3% (totaling 22.8%) (Resolution No. 18-215, Exhibit C).
On September 21, 2018, several of the aforementioned prior appellants appealed the Board of Supervisor’s decision to the California Coastal Commission (CCC), and Coastal Commission staff issued notice of a pending appeal of PLN150755 (Appeal No. A-3-MCO-18-0061). Prior to the appeal being scheduled before the CCC, the applicant notified the County and CCC staff of their desire to modify certain portions of the project contested during the appeal. A subsequent Amendment to the Combined Development Permit (PLN150755-AMD1) was filed to address appeal contentions raised by the appellants. The proposed modifications included moving the fire pit away from the property line, removal of a gate entrance in the fence along the creek side of the property, and revisions to the underground drainage plan that moved the holding tanks away from the property line. Due to the minor modifications proposed under PLN150755-AMD1, it was staff’s decision at that time to schedule the project before the Monterey County Board of Supervisors. On May 7, 2019, the Monterey County Board of Supervisors found the Amendment consistent with the previously adopted Negative Declaration and approved the Amendment’s revisions as discussed above (Resolution No. 19-137, Exhibit D). Resolution No. 19-137 also included the necessary findings and evidence to support a Coastal Development Permit to allow development within 100 feet of Environmentally Sensitive Habitat Area (ESHA).
On June 5, 2019, Ted Muhs and Elizabeth McGinnis, Glen and Angela Charles, Richard and Kathleen Doerr, and Sally Lucas appealed the Board of Supervisor’s May 7, 2019, decision to the CCC, whose staff subsequently issued a notice of pending appeal of PLN150755-AMD1 (Appeal No. A-3-MCO-19-0037). Prior to the appeal being scheduled before the CCC, the applicant notified the County and CCC staff of their desire to modify certain portions of the project contested during the appeal. As a result, in coordination with CCC staff, County staff requested a withdrawal the Final Local Action Notice (FLAN) on October 21, 2022. Withdrawing the FLAN does not rescind the Board’s adoption of the Negative Declaration or the Board’s approval of the original Combined Development Permit (PLN150755). The CCC staff accepted the County’s request and notified the appellants of the withdrawn status. A subsequent second Amendment was filed to modify portions of the project approved under Combined Development Permit (PLN150755), as revised by PLN150755-AMD1. The Amendment would reduce the previously approved residence’s floor area by 610 square feet and site coverage by 468 square feet, which would eliminate the need for floor area ratio and site coverage variances. Additionally, the project includes approximately 4,000 square feet of off-site riparian habitat restoration to better conform to the ESHA requirements of the Del Monte Forest LUP.
The original project, as amended by PLN150755-AMD1, allowed construction of a 4,061 square foot single family dwelling (inclusive of a 1,690 square foot subterranean basement, a 65 square foot utility room) with an attached 298 square. As proposed, the second Amendment would result in construction of a 3,460 square foot single family dwelling (inclusive of a 1,690 square foot subterranean basement and a 65 square foot utility room) and a 289 square foot garage. All other previously approved project components are the same: development with 750 feet of a known archaeological resource and 100 feet of ESHA. Site improvements continue to include a fire pit, patios, a driveway, and retaining walls. All necessary public facilities are available to the project site; sewer service will be provided by the Pebble Beach Community Services District while potable water service will be provided by a California American Water Company.
In accordance with Title 20 section 20.70.105.A, the proposed project is of a minor or trivial nature, with no impacts not already assessed in the original permit action, and generally in keeping with the action of the appropriate authority, and therefore the Housing and Community Development Chief of Planning is the appropriate authority. However, in light of anticipated public objection, the project agent, Anthony Lombardo and Associates, requested a public hearing pursuant to Title 20 section 20.76.060. Therefore, this item is being considered by the Monterey County Zoning Administrator.
DISCUSSION:
Site Development Standards
This Amendment would reduce the previously approved floor area by 610 square feet and site coverage by 468 square feet. These modifications eliminate the need for the previously approved floor area ratio and lot coverage variances. The reduced floor area ratio is accomplished by modifying the habitable space of the main and second floors and reducing the size of the garage by 9 square feet. The first (main) floor’s previously approved living room will be altered to create an open-air covered patio. This patio will not be fully enclosed and thus is not calculated in the proposed project’s floor area ratio. The second floor’s master bedroom (including closet and bathroom) has also been reduced. The basement, which is completely subterranean and does not contribute towards the floor area ratio, will remain relatively unchanged. The proposed project’s reduced site coverage has been primarily accomplished by reducing the size of previously approved master bedroom (including closet and bathroom) and second-level covered patio, and removing the east-side covered patio and second story attic. These modifications reduce the previously approved residence’s footprint by 468 square feet. As modified, the proposed project will comply with the Low Density Residential zoning district’s required floor area ratio (17.5%), site coverage (15%), and height (30 feet).
Public Viewshed and Design
The project, as proposed, is consistent with the Del Monte Forest LUP policies regarding Visual Resources and will not adversely impact the public viewshed. The project site is located in a residential neighborhood, and the adjacent parcels have been developed with single-family dwellings. The previously approved exterior colors and materials will remain: beige stucco, dark wood windows and doors, medium wood garage doors, copper gutters, and clay chimney cap tiles. Based on review of Figure 3, Visual Resources, of Del Monte Forest LUP, the subject property is located in an area where visual public access may be required. Portions of Whitman Lane are visible from Point Lobos Reserve at a distance of over three miles. However, the subject property is fully screened from Point Lobos by topography and existing vegetation. The project site is visible from 17 Mile Drive, across the 15th fairway of the Pebble Beach Golf Course. At the closest point, the site is about 260 feet from 17 Mile Drive. While there are clear views towards the site, there is ample screening along 17 Mile Drive, the 15th hole, and along the property itself to minimize public views of the project. As designed, the project is consistent with Del Monte Forest LUP Policies 123 and 137 as the structure will not block significant public views toward the ocean and will not adversely impact the public viewshed or scenic character in the project vicinity. Additionally, the proposed residence is also consistent with the size and scale of surrounding residences, and the proposed bulk and mass would not contrast with the neighborhood character.
Cultural Resources
County records identify that the project site is within an area of high sensitivity for cultural resources and 750 feet of two known archaeological resources. Therefore, the previously approved project (PLN150755, as amended by PLN150755-AMD1) included a Coastal Development Permit to allow development within 750 feet of known archaeological resources. A Phase I Preliminary Archaeological Reconnaissance report (LIB090296) was prepared while the subject property was still developed and utilized as a Pebble Beach Company maintenance yard. The Phase I pedestrian survey found no evidence of prehistoric or historic site indicators. The previous maintenance yard structures have since been demolished. A Phase II subsurface archaeological report was prepared in 2022 (LIB240003) and found no site indicators in all seven auger bore locations. An additional pedestrian survey was conducted, and no surface evidence of archaeological resources or site indicators were identified. Based on the results of the subsurface auger testing, the Project Archaeologist concluded that there does not appear to be an extension of nearby prehistoric sites into the subject property or footprint of the proposed single-family dwelling and that potential impacts to cultural resources are limited. The prepared Phase II archaeological report does not change the conclusions of the cultural resources analysis contained in the previously adopted Initial Study/Negative Declaration (IS/ND) and application of the County’s standard condition of approval (Condition No. 3) that requires stop work if cultural resources are inadvertently discovered during construction is still applicable to this second Amendment. Additionally, in accordance with the requirements of Del Monte Forest Coastal Implementation Plan section 20.147.080.C(3)(a), the recommendations of the Phase II archaeological report have been applied as a condition of approval (Condition No. 12).
Environmentally Sensitive Habitat Area
As described in the adopted IS/ND, no sensitive biological resources are present on-site, however a creek does transverse adjacent to the property and throughout the surrounding residential neighborhood. The portion of Stillwater Creek adjacent to the subject project is described as “heavily disturbed and [containing] several plant communities from top to bottom including mixed Monterey Pine and Coast live oak upland habitat invaded by nonnative Eucalyptus and Kikuyu grass and a narrow band of wetland species along an incised channel at the bottom” (Project Biologist). Stillwater Creek is considered an Environmentally Sensitive Habitat Area (ESHA) pursuant to the Del Monte Forest LUP. The previously approved development was located within 100 feet of Stillwater Creek. Accordingly, the previously approved project, as amended by PLN150755-AMD1, included a Coastal Development Permit to allow development within 100 feet of ESHA. Del Monte Forest LUP Policy 23 requires a minimum of a 100 feet buffer from riparian vegetation unless it is “demonstrated that a narrower setback/buffer is sufficient to protect riparian vegetation and associated wildlife values and other ecological functions, and that riparian enhancement is included in [the] project”. The previously approved project, as amended, encroached into the 100-foot Stillwater Creek setback but did not provide evidence for why a reduced setback was sufficient in this case. A majority of the subject property is within the required ESHA setback from Stillwater Creek; only a 274 square foot area of the property is located outside of the ESHA setback and within the building envelope area. Consequently, the rear patio and all but approximately 10 square feet of the residence are within the 100-foot ESHA setback. This equates to approximately 4,000 square feet of development within 100-foot setback from Stillwater Creek. This second Amendment represents the Applicant’s second design revision, resulting in a smaller resdince that conforms to all required site development standards. Relocating the residence further west, away from the creek, is not feasible in this case given the required setbacks and resulting pentagon-like shaped buildable area. The proposed driveway, west side patio, and a small portion of the garage do not encroach into required 100-foot setback. In this case, a reduced ESHA setback of 25 feet is appropriate because there is no other alternative that would allow for a reasonably sized single family dwelling to be outside of the ESHA setback. Further, the proposed development is situated in a portion of the property that was previously developed, meets required zoning district site development standards, and includes permeable pavers and native landscaping that will provide adequate on-site retention and filtration of runoff to protect the nearby creek’s riparian vegetation and associated wildlife. Although no direct or indirect impacts to biological or sensitive status species or habitat were identified in the previously prepared biological reports, the proposed Amendment includes 4,000 square feet (1:1) of off-site riparian habitat restoration and enhancement (Condition No. 13) to meet the intent and requirements of Policy 23. Through coordination with the Pebble Beach Company (PBC) and the Project Biologist, a portion of the Stillwater Creek upstream of the subject property and along 17-Mile Drive (owned by the PBC; APN: 008-361-028-000) was selected for the proposed riparian restoration (Exhibit G). The Project Biologist notes that upstream restoration “creates an opportunity for native vegetation to be reintroduced.” The prepared Restoration Plan is attached as Exhibit F. Restoration adjacent to the subject property was not selected as it is not owned by the Applicant/Owner or the PBC.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW:
On July 10, 2018, the Monterey County Board of Supervisors adopted a Negative Declaration for the construction of the Raven residence (SCH No. 2018031054; Attachment 1 of Exhibit E), pursuant to Resolution No. 18-215. The adopted Negative Declaration contemplated the construction of a 4,061 square foot single family dwelling with an attached 298 square foot garage and associated site improvements include 1,267 cubic yards of grading within 750 feet of a known archaeological resource and near the Stillwater Creek. The Negative Declaration found project related impacts on the Aesthetics, Biological Resources, Greenhouse Gas Emission, Cultural Resources, Air Quality, Geology/Soils, and Hydrology/Water Quality would be less than significant within application of standard County conditions of approval. All other environmental factors were found to have no impact with project implementation.
The proposed second Amendment involves the construction of a 3,749 square foot single-family dwelling with an attached 289 square foot garage and associated site improvements including 1,265 cubic yards of grading within 750 feet of a known archaeological resource and 100 feet of Environmentally Sensitive Habitat Area (Stillwater Creek). In the aggregate, the proposed project description remains stable with the scope analyzed in the adopted Negative Declaration - the development of a single-family dwelling. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, when an EIR has been certified or a negative declaration has been adopted, no subsequent EIR or negative declaration shall be prepared for the project unless the agency determines that substantial changes are proposed, or substantial changes occur with respect to the circumstances under which the project is undertaken. To reflect the changes to the project, an Addendum has been prepared pursuant to CEQA Guidelines section 15164 (Exhibit E). As detailed in Exhibit E, no new information has been presented to warrant further environmental review, no changes are proposed that will cause new significant environmental effects or a substantial increase in the severity of previously identified environmental effects, and no substantial changes have occurred with respect to the circumstances under which the project is being undertaken. No mitigation measures were previously adopted, and no new mitigation measures are required to address previously unanalyzed potentially significant impacts. Condition No. 13 (off-site restoration) has been applied to better meet the goals, policies, and text of the Del Monte Forest LUP, specifically Policy 23, and is not intended or applied to mitigate environmental impacts associated with the construction of the proposed project. Thus, none of the conditions described in Section 15162 calling for preparation of a subsequent EIR or negative declaration have occurred. As required by CEQA Guidelines section 15164, staff recommends the Zoning Administrator consider the prepared Addendum together with the previously adopted Negative Declaration and find that no additional environmental review is warranted.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions: None. However, HCD-Planning, HCD-Engineering Services, HCD-Environmental Services, Environmental Health Bureau, Water Resources Agency, and the Pebble Beach Community Services District reviewed PLN150755 and PLN150755-AMD1.
LAND USE ADVISORY COMMITTEE:
The previously approved project (PLN150755), inclusive of a nearly 4,360 square foot residence with a subterranean basement and attached garage, was referred to the Del Monte Forest Land Use Advisory Committee (LUAC) for review on April 7, 2016, August 17, 2017 and September 21, 2017. At the September 21, 2017 meeting, the Del Monte Forest LUAC recommended support of the project with changes (4-2 vote) (Exhibit H). The recommended changes included complying with the allowable site development standards (floor area ratio and lot coverage) and preparation of an initial study to determine potential environmental impacts. . The first Amendment was not referred back to the LUAC due to its minor modifications. The proposed second Amendment was also not referred back to the LUAC for review as the project includes minor and trivial modifications which have resulted the elimination of previously approved variances for floor area ratio and site coverage, and a reduced size of the previously supported residence. The second Amendment aligns with the recommends of the Del Monte Forest LUAC.
Prepared by: Fionna Jensen, Senior Planner
Reviewed and Approved by: Anna Ginette Quenga, AICP, Principal Planner
The following attachments are on file with HCD:
Exhibit A - Draft Resolution, including:
• Conditions of Approval
• Project Plans, elevations, colors and materials
Exhibit B - Vicinity Map
Exhibit C - Board of Supervisors Resolution No. 18-215
Exhibit D - Board of Supervisors Resolution No. 19-137
Exhibit E - Addendum with Adopted Negative Declaration (SCH No. 2018031054)
Exhibit F - Restoration Plan
Exhibit G - Pebble Beach Company Correspondence
Exhibit H - Del Monte Forest LUAC Minutes (September 17, 2017).
cc: Front Counter Copy; California Coastal Commission; Anna Ginette Quenga, AICP, Principal Planner; Fionna Jensen, Senior Planner; HCD Engineering Services; Environmental Health Bureau; HCD-Environmental Services; Pebble Beach Community Services District; Scott & Charlyse Raven, Applicant/Owner; Anthony Lombardo and Associates, Agent; The Open Monterey Project; LandWatch (Executive Director); Lozeau Drury LLP; Christina McGinnis, Keep Big Sur Wild; Project File No. PLN150755-AMD2