Big Sur land use
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The policies protecting land used in Big Sur are some of the most restrictive local-use standards in California,[1] and are widely regarded as one of the most restrictive development protections anywhere.[2] The program protects viewsheds from the highway and many vantage points, and severely restricts the density of development. About 60% of the coastal region is owned by governmental or private agencies which do not allow any development. The majority of the interior region is part of the Los Padres National Forest, Ventana Wilderness, Silver Peak Wilderness or Fort Hunter Liggett. The area is protected by the Big Sur Local Coastal Plan, which preserves it as "open space, a small residential community, and agricultural ranching."[3] Its intention is "preserving the environment and visual access to it, the policies of the local coastal plan are to minimize, or limit, all destination activities."[4]
The unincorporated region encompassing Big Sur does not have specific boundaries, but is generally considered to include the 71-mile (114 km) segment of California State Route 1 between Malpaso Creek near Carmel Highlands[5] in the north and San Carpóforo Creek near San Simeon in the south,[6] as well as the entire Santa Lucia range between these creeks.[7] The interior region is mostly uninhabited, while the coast remains relatively isolated and sparsely populated, with between 1,800 and 2,000 year-round residents[8] and relatively few visitor accommodations scattered among four small settlements.

Early protections
Monterey County gained national attention for its early conservation efforts. The Monterey County Planning Commission passed a zoning ordinance in 1931, seven years before the road was completed, that banned billboards along the highway. A gas station owner on the highway 15 miles (24 km) south of Monterey went to court over the ordinance in 1936. Monterey County Superior Court Judge Maurice Dooling ruled for the county in 1941.[9] Another ordinance enjoining specific kinds of off-premises signs was passed in 1955. It was challenged by the National Advertising Co. in a case that eventually went before the California Supreme Court. It affirmed in 1962 the county's right to ban billboards and other signs and advertising along Highway 1.[10] The case secured to local government the right to use its police power for aesthetic purposes.[11]
Master plan
The first master plan for the Big Sur coast was written beginning in 1959 and completed in 1962. Monterey county involved local residents and consultants to develop the master plan. The Monterey County Coast Master Plan was recognized as an innovative and far reaching plan and was supported by the coast residents. Nationally recognized architect and part-time local resident Nathaniel A. Owings helped write the plan.[12][13]
Big Sur Local Coastal Plan
When voters passed Proposition 20, the California Coastal Conservation Initiative in 1972, it established the California Coastal Commission.[14] At the same time, Congress passed the Coastal Zone Management Act which the California Coastal Commission was put in charge of administering. To implement terms of the California proposition, the county began working on a comprehensive plan and in 1977 they appointed a small group of local Big Sur residents to the Big Sur Citizens' Advisory Committee. The committee sought to develop a plan that would conserve scenic views and the unparalleled beauty of the area. Committee members met with Big Sur residents, county administrators, and California Coastal Commission staff to write a new land use plan.[12] The planning effort included several months of public hearings and discussion, including considerable input from the residents of Big Sur. The county solicited input with virtually every agency with an important role on the coast. The years-long debate bitterly divided the 1,400 residents of Big Sur.[14]
The resulting Big Sur Local Coastal Plan (LCP) provides detailed policy guidance that attempts to balance the development needs of the land and home owners and the local community while protecting local resources. The local land use plan was initially approved by the Monterey County Board of Supervisors in 1981, but was rejected by the California Coastal Commission, which wanted closer obedience to the Coastal Act priorities. They approved the amended plan on April 10, 1986.[15]: 61 [16][13]
When the policy was finalized, Monterey County Supervisor Karin Strasser Kauffman said, "What this means is that when you look around you 100 years from now, Big Sur will be essentially unchanged from the way it looks today."[17]
Key policies
The plan bans all development west of Highway 1 with the exception of the Big Sur Valley. It also restricts any development that can be seen from the highway and key vantage points including beaches, parks, campgrounds, and major trails, with a few exceptions.[1] The plan states the following goals:
To preserve for posterity the incomparable beauty of the Big Sur country, its special cultural and natural resources, its landforms and seascapes and inspirational vistas. To this end, all development must harmonize with and be subordinate to the wild and natural character of the land.
Recognizing the Big Sur coast's outstanding scenic beauty and its great benefit to the people of the State and the Nation, it is the County's objective to preserve these scenic resources in perpetuity and to promote, wherever possible, the restoration of the natural beauty of visually degraded areas.
The county's basic policy is to prohibit all future public or private development visible from Highway 1 and major public viewing areas.[18]
The restrictions also protect views from the Old Coast Road.[19]
Restrictions
The provision of the Big Sur Local Coastal Plan that generated the most controversy set density requirements for future building. In areas west of Highway 1, any subdivision of an existing parcels must be at least 40 acres (16 ha). For parcels east of Highway 1, the plan limited parcel size based on slope. Most land is limited to a minimum subdivision of 320 acres (130 ha), although parcels with minimal slope may be subdivided to 40 acres (16 ha). Based on these rules, a coastal commission staff person calculated that only about 12 new parcels could be subdivided within the entire 234 square miles (610 km2) Big Sur coastal planning area.[20]
The plan bans large hotels, condominium projects, and similar major developments. It allows construction of about 300 more visitor's rooms, but only in clusters of 30 or fewer units in four rural communities — Big Sur Valley, Lucia, Pacific Valley, and Gorda.[18][17]
For dwellings, the limit in tourist areas is one living unit per acre. West of Highway 1, density is limited to one unit per 2.5 acres (1.0 ha), and east of the highway to one unit per 5 acres (2.0 ha). In established communities like Palo Colorado Canyon and the Big Sur Valley, only one living unit per 2.5 acres (1.0 ha) is permitted. South of Big Sur Valley, the limit is set to one unit per 5 acres (2.0 ha), and in the far south of the region, only one unit per 10 acres (4.0 ha) is allowed.[12][21]
The plan states that region is to be preserved as "open space, a small residential community, and agricultural ranching."[3] The plan was approved in 1981 and is one of the most restrictive local use programs in the state,[1][22] and is widely regarded as one of the most restrictive documents of its kind anywhere.[2]
Opposition to restrictions

John Harlan, a fourth-generation Big Sur resident whose family owns large amounts of land in the region, criticized the plan when it was under consideration. He said "flatlanders who live 90 miles from where I sit" were trying to control the area's future, including the plan's prohibition on new construction in the viewshed defined by the plan. This includes views from beaches, turnouts, beaches, Highway 1, and several specific locations:[23][24]
- Soberanes Point
- Garrapata Beach
- Abalone Cove Vista Point
- Bixby Creek turnout
- Hurricane Point overlook
- Upper Sycamore Canyon Road (from Highway I to Pais Road)
- Pfeiffer Beach/Cooper Beach
- Specific views from Old Coast Road
Harlan said, "Big Sur is going to either become a playground for the very wealthy or it will eventually be federalized because the plan won't work."[23]
Some opponents have criticized the actions of conservation groups like the Big Sur Land Trust as having "turned the buyout of Big Sur into a business, making millions of dollars buying private land and selling it to government agencies."[25] Based on figures developed by Monterey County in 2004, at that time 84% or 255,000 acres (103,000 ha) within the Big Sur Planning Area was restricted from development. Only 45,000 acres (18,000 ha) might be built on, but some of that property is owned by land trusts that also prohibit development.
During development of the land use plan, the Coast Property Owners Association stated that the mandates of the Coastal Act have led to increased costs for planning and permits. They believe the land is becoming so expensive that only wealthy individuals can afford to buy property. They objected to proposed view shed restrictions they believe are threatening Big Sur's alternative reputation and social fabric, leading to a community of millionaires, a few remaining long-term residents, and single residents working in the local hospitality industry who are forced to live in barracks or similar kinds of employee housing.[15]: 162
Mike Caplin, a representative of the Coastal Property Owners Association, said that some coastal residents are concerned about the steady growth of public lands. "When I look out over Big Sur now, I don't just see beauty ... I see my community being dismantled, one parcel at a time."[26]
Transfer of development rights
To motivate landowners to give up development rights in preferred areas like those near the ocean, the plan includes a controversial element that allows landowners who lose the right to build on one property west of Highway 1 to trade it for the right to develop two other sites where building is permitted. To take advantage of the transfer of development rights ordinance, the owner must dedicate a permanent, irrevocable scenic easement to the county that prohibits residential and commercial use of their property. To encourage adoption of the land use policy, the county offered landowners a two-for-one transfer ratio. Planners recognize that a view of the ocean is worth twice an inland view.[27] For each buildable parcel given up by an owner, they receive the right to transfer their credit to two locations, as long as the usage meets the land use policy restrictions such as density.[28][29]
The California State Coastal Conservancy bought two parcels of the Victorine Ranch near Point Lobos, totaling 100 acres (40 ha) in the 1980s along with land at Kasler Point west of Highway 1. Their goal was to demonstrate the effectiveness of Monterey County's transfer of development credit program, which was implemented as part of the 1986 Big Sur Coast Land Use Plan. But after giving up the right to build a home on Kasler Point, the Conservancy was unable to convert the resulting two development credits on Victorine Ranch. The property has three buildable lots. The Conservancy had the land appraised at $6 million. They attempted to auction the development credits and the land in 2013. They sold two transfer development credits for $50,000 and $75,000, but failed to receive bids meeting the minimum asking price for the land.[30]
As of 2020[update], only eight impacted parcels have been leveraged into 16 transfer rights, totaling less than 20 acres, and nine of those have been used since the program was implemented in 1988. The voters also provided a bond that allocates $25 million toward the purchase of properties impacted by the viewshed limitations. Some property owners would rather sell their property or development rights, because using the transfer program requires them to demonstrate that they have buildable lots and also negotiate for purchase of these rights with a receiving site owner.[27][31]
Increased real estate costs and housing issues
Due to development restrictions and the limited number of parcels available for development, real estate and rental prices are high. As of 2016[update], the median price of property is $1,813,846, more than three times the state's median price,[32][15]: 6 : 6 and more than six times the national price. The average price is $3,942,371, more than 10 times the national average price of $390,400.[33] The average home sold is 1,580 square feet (147 m2) and has 2.39 bedrooms. The median lot size is 436,086 square feet (40,513.7 m2), or just over 10 acres (4.0 ha).[34] About one-quarter of the land along the coast is privately owned.[15]: 6 The remainder is part of the federal or state park systems or owned by other agencies, while the interior is largely part of the Los Padres National Forest, Ventana Wilderness, Silver Peak Wilderness, and Fort Hunter Liggett.
Non-resident ownership
In 2007 and 2017, the New York Times reported that "more than half the homes in the region are owned by part-time residents who live mainly in Los Angeles or around San Francisco Bay," "fund managers and dot-commers coming in who want to buy a slice of heaven." They found that many of the simple cabins and modest bungalows that once comprised most of the housing along Sycamore Canyon Road were being replaced by "sculptural modernistic dwellings that range in value from $2.5 million to $6 million."[35][36] During preparation of the Big Sur Local Use Plan, the county conducted a mid-decade census in 1976 which found about 800 housing units. About 600 of these were permanent single family dwellings and about 136 or 17% were second homes and vacant.[13] As of 1985, when the Big Sur Land Use Plan was approved, there were about 1,100 private land parcels on the Big Sur Coast. These were from less than an acre to several thousands of acres in size. Approximately 700 parcels were undeveloped, and 370 parcels were occupied.[37] More recently, a title company identified 589 single-family residence parcels in Big Sur.[38]
Building permit issues
Getting a building permit is a lengthy, multi-year process. From buying a property to beginning construction can require multiple visits to the Monterey County Resource Management Agency. Jay Auburn, a specialist in obtaining building permits, said, "You have to factor in an additional 5 to 10 percent of construction costs just for getting over the regulations." Before construction can begin, the builder must erect flags outlining the physical presence of the proposed building so that regulators can view the proposed construction and determine its visual impact. Homeowners have to mitigate any impact on the environment. County Planning Commissioner Martha Diehl said in 2007 that "The only people who can go through the process are people who can afford it, and that brings social costs."[35]
Many of the developed parcels have more than one residence or commercial building on them. Residential areas include Otter Cove, Garrapata Ridge and the adjacent Rocky Point, Garrapata and Palo Colorado Canyons, Bixby Canyon, Pfeiffer Ridge and Sycamore Canyon, Coastlands, Partington Ridge, Burns Creek, Buck Creek to Lime Creek, Plaskett Ridge, and Redwood Gulch.[37] The plan allows about 800 additional homes to be built, but only in locations where they cannot be seen from the critical viewshed areas.[23]
The areas that have the greatest number of developed parcels, usually 2.5 acres (1.0 ha) or less, are generally located near the highway, including Palo Colorado Canyon, Garrapata Redwood, Rocky Point, Big Sur Valley, Coastlands and Partington Ridge.[37]
Limited employee housing
About 76% of the local population is dependent on the hospitality industry. Due to the scarcity of rental housing and the high cost of rent, very little affordable housing is available along the coast. Some employees must commute 50 miles (80 km) or more to their work.[39] Kirk Gafill, owner of Nepenthe and the president of Big Sur's Chamber of Commerce, estimated in January 2018 that there were 1,100 workers in Big Sur and about 440 of them commuted from the Monterey Peninsula every day.[40]
Michelle Rizzolo, the owner of the Big Sur Bakery and Restaurant, told the New York Times that she can't find places for her employees to live. "In fact, when we started this place, we all had to sleep on the floor of the bakery."[35]
In January, 2018 the Multiple Listings Service showed only 12 homes in Big Sur available for sale. The least expensive was listed for $1.2 million.[40] Ventana resort was the first local business required by law to provide workforce housing, in 1974. The Post Ranch Inn built its own onsite quarters for its employees in 1992.[40][41]
The Big Sur Lodge offers low cost, dorm style housing to non-local employees. The Esalen Institute offers limited onsite housing.[42] The Nepenthe restaurant employs 105 people and maintains about 20 workforce housing units.[40]
Short-term rental impact on housing
In 2015, Monterey County began considering how to deal with the issue of short-term rentals of less than 30 days brought on by services such as Airbnb and Vrbo. They agreed to allow rentals as long as the owners paid the Transient Occupancy Tax. In 1990, there were about 800 housing units in Big Sur, about 600 of which were single family dwellings.[37][43] There are currently an estimated 100 short-term rentals available.[44]
Many residents of Big Sur object to the short-term rentals. On July 13, 2016, the Monterey County Planning Commission held a workshop on short-term rentals. Many residents complained about their impact on scarce rental properties. One resident stated that there are "almost 100 short-term rentals out of 200 to 300 rentals. That's nearly half of our rental population."[45]
During a fire in 2013, 21 long-term renters lost their homes and were unable to find replacement housing. Planning commissioner Keith Vandevere said there is a "huge daily migration" of workers who drive between the Salinas Valley, the Monterey Peninsula, and Big Sur.[45]
They claim short-term rentals violate the Big Sur Local Use Plan which prohibits establishing facilities that attract destination traffic. Short-term rentals also remove scarce residences from the rental market and are likely to drive up demand and the cost of housing. About half of the residents of Big Sur rent their residences.[44]
The Big Sur coastal land use plan states:
The significance of the residential areas for planning purposes is that they have the capacity, to some extent, to accommodate additional residential demand. Unlike the larger properties or commercial centers, they are not well suited for commercial agriculture, commercial, or visitor uses; use of these areas, to the extent consistent with resource protection, should continue to be for residential purposes.[19]
As of December 2017[update], the county was conducting hearings and gathering input toward making a decision about short-term rentals on the Big Sur coast.[46] Susan Craig, Central Coast District Manager of the California Coastal Commission, provided the opinion that short-term rentals are appropriate within Big Sur.[47]
During 2021, the Monterey County Civil Grand Jury issued a 27-page report critical of the county's lack of progress in managing short-term rentals.[48] The report stated that the Planning Commission had in June 2020, after seven years of little progress, had written a formal letter to the Board of Supervisors requesting additional policy input on key issues such as affordable housing; support, monitoring, and enforcement; character and intensity; visitor serving unit caps; and unique neighborhoods.[48]
In December 2021, the county found that hundreds of vacation rentals were paying transient occupancy taxes but operating without permits in unincorporated Monterey County, most of them within District 5, including Carmel Valley and Big Sur. County Supervisor Mary Adams has advocated for the county to contract with a short-term rental surveillance company to pursue "the most egregious of violators" and "iron out the glitches" in the county's current 24 year old process. She said she was working to pass a new ordinance within 18 months.[49]
Monterey County issued an estoppel letter on June 16, 2022, that ruled short term rentals along the coast could continue as long as the owner paid appropriate fees and taxes. The county declined to take any enforcement action against short-term rental activity in the Big Sur region.[50] In September 2022, the county published regulations governing short-term rentals in unincorporated areas excluding Big Sur, and continued to work on final regulations for the coast. The regulations required owners to pay a transient occupancy tax, limited rentals to a minimum of seven and a maximum of 30 days. Required permits cost $6,000. County assessors identified 925 residential units in Big Sur. They identified 22 residential properties used as commercial vacation rentals that under the proposed revised ordinance would be prohibited.[51][52]
