The applicant is requesting the Planning Commission adopt a resolution denying a Design Study for the demolition of an existing one story single-family residence and construction of a new two-story single-family residence. The project has previously been considered at the Commission’s July 12, 2023, August 14, 2024, and December 11, 2024 hearings. The item was continued with direction to make changes to the project at all three previous hearings.  The applicant has requested a formal denial of the project in lieu of continuation such that they can pursue an appeal of the project and consideration by the City Council.

Adopt a Resolution (Attachment 1) denying a Concept and Final Design Study for the demolition of an existing 1,053 square-foot, one-story single-family residence, inclusive of a 205 square-foot detached garage, and the construction of a 1,793 square-foot, two-story single-family residence, inclusive of a 288 square-foot attached garage, in the Single-Family Residential (R-1) District, Archaeological Significance (AS) Overlay, and Beach/Riparian (BR) Overlay. APN: 010-225-003-000.

The project site is a 4,000 square-foot lot developed with a 1,053 square-foot one story residence with a 205 square foot attached garage. 

The existing one story residence is finished primarily with board and batten siding with composition shingle gabled roof forms. The applicant is proposing to demolish the existing residence and garage and construct a new two-story 1,793 square foot residence inclusive of a 288 square foot attached garage.

The new residence is proposed to be a combination of stone and stucco with wood windows and doors and a composition shingle roof. A concept design was previously considered at the Commission’s July 12, 2023, August 14, 2024, and December 11, 2024 hearings and all hearings were continued with direction to make changes to the project.  The primary issues raised at the July 2023 hearing were in respect to privacy, views, light, and impacts to trees, and issued at the August 2024 hearing were in respect to carry over impacts from the July 2023 hearing primarily in respect to light and view impacts. 

The December 2024 hearing was continued with direction to redesign the project as the Commission found the light and view impacts has not been adequately addressed. This hearing was also scheduled as a combined concept and final details hearing and there was no discussion or objection to the finish materials of the residence -all issues discussed were based around unresolved light and view impacts.

• July 12, 2023 Hearing
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• August 14, 2024 Hearing
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• December 11, 2024 Hearing
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In accordance with CMC 17.58.040.B.2, “[Residential Design Review] for track two projects is a three-phase process requiring: (a) preliminary site assessment, (b) design concept review, and (c) final details review. The application shall not be deemed complete until the preliminary site assessment has occurred and the City has received a complete application for design concept review.”

The associated preliminary site assessment has been completed (March 2022), and three concept hearings have been held to-date (July 2023, August 2024, December 2024). While a concept design has yet to be formally accepted through resolution, there is no provision in the code that expressly requires formal acceptance of a concept hearing prior to scheduling to a final details review -only that a concept hearing (in the majority of instances) needs to precede a final details hearing.   

When a concept hearing is considered, the Commission may:

1. Accept the design concept as submitted;
2. Provisionally accept the design concept and provide direction to the applicant on plan revisions necessary to achieve compliance with the design guidelines and/or zoning standards; or
3. Continue design concept for preparation of a new design concept if it is substantially out of compliance with the zoning standards or the design guidelines (CMC 17.58.040).

At all the previous concept hearings, option #3, above, was the direction of the commission. Following the December 2024 hearing, the applicant notified staff that they are unwilling to make the revisions directed by the Commission and have requested a denial of the project so that an appeal could have been filed (Attachment 2).

In accordance with CMC 17.58.040.B.2, “Applicants unwilling to make the revisions directed by the [Planning Commission] in a provisionally accepted concept design or continued design concept may request denial of the project so that an appeal may be filed. A denial shall not be complete until findings are adopted.”

Furthermore, as described in CMC 17.58.040.B.3, “Any individual or entity aggrieved by the Commission’s decision to approve or deny a residential track two design study approval may file a written appeal pursuant to the requirements of Chapter 17.54 CMC, Appeals.”

That is, a resolution for denial shall be adopted before the applicant may proceed with the appeal procedures established in the zoning code. This item has been agendized so that the Commission can formally adopt findings for denial for the project to allow the applicant to proceed with the appeal process.

The project is located in the Beach and Riparian (BR) Overlay District (i.e. appeal jurisdiction) and therefore is appealable to the California Coastal Commission once all local appeals are exhausted. There is no appeal fee for appeals located in the appeal jurisdiction.

Staff has prepared a Resolution for denial (Attachment 1) for adoption based on the discussion of the Commission at the July 2023, August 2024, and December 2024 hearings.  Should the Commission wish to make additional or modified findings, the Commission should provide direction accordingly. A detailed analysis is provided below.

Concept Design Study Acceptance - CMC 17.64.080.A

The analysis provided below is based on the discussions from the previous hearings.  At the prior hearings and through multiple revisions to the plans, a number of issues had been resolved, however, as discussed at the December 11, 2024 hearing, the unresolved issue pertains to view and light impacts -concept finding #5.  The specifics impacts identified are those related to the northern neighbor (property).

5. The project is consistent with the City’s objectives for public and private views and will retain a reasonable amount of solar access for neighboring sites. Through the placement, location and size of windows, doors and balconies the design respects the rights to reasonable privacy on adjoining sites. 

Finding: The plans submitted, or as recommended to be conditioned, do not support adoption of the finding #5, based on the analysis provided below.

Analysis:  The proposed project does not obstruct any public view, as defined in CMC 17.10.010.J, which relates to significant coastal views as seen from the right-of-way. There are no known significant coastal views visible from the adjacent or surrounding rights-of-way.

The proposed project meets the city’s design objective for privacy, as defined in CMC 17.10.010.G. There are no second story windows on the northern elevation nor exterior balconies facing north.  A small second story balcony is proposed to be located on the southern elevation, however, this overlooks the neighbor’s roof to the south.  The southern balcony feature was not a topic of discussion at the previous three public hearings nor has previously been an item of concern.

While solar access was previously a concern, the commission did not specifically address solar access at the December 11, 2024 hearing and the discussion was focused on and limited to impacts associated with views.

The proposed project does not meet the city’s design objectives related to private views access (CMC 17.10.010.L).

 Private Views. Designs should respect views enjoyed by neighboring parcels. This objective is intended to balance the private rights to views from all parcels that will be affected by a proposed building or addition. No single parcel should enjoy a greater right than other parcels except the natural advantages of each site’s topography. Buildings which substantially eliminate an existing significant view enjoyed on another parcel should be avoided.

 Analysis: The proposed project fails to respect the significant views enjoyed by the northern neighbor, as encouraged by the Residential Design Guidelines. The massing and placement of the structure obstructs the south-facing views from the northern neighbor's property, including views from their kitchen, dining room, and breakfast nook. The adjustments made to the building’s height, width, and setbacks do not sufficiently address the elimination of an existing significant view.

Coastal Development Permit - CMC 17.64.010.B
By not meeting Finding #5, discussed above, the project does not meet the findings for approval of a Coastal Development Permit.  CMC 17.64.010.B.1 requires that:

 All decisions on coastal development permits shall be accompanied by written findings: That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified City of Carmel-by-the-Sea Local Coastal Program.

Finding & Analysis: The project does not comply with the city’s Local Coastal Program (LCP) as the project does not meet the required findings for Design Study Approval (CMC 17.64.080), specifically concept finding #5.  The project fails to meet concept finding #5 as the project does not meet the design objectives outlined in CMC 17.10.010 and due to inconsistencies with the Residential Design Guidelines (pertaining to Views; Residential Design Guideline 5.0) – Local Coastal Program Implementation Plan Appendix C.