Commission hears staff briefing on moratorium option for Big Sur visitor‑serving units; commissioners ask for more data

Monterey County planning staff presented options Jan. 29 for an interim ordinance to temporarily prohibit new visitor‑serving units (VSUs) in the Big Sur Coast planning area, but commissioners expressed reservations about whether the high legal threshold for a moratorium is met and asked that staff continue collecting and evaluating data while the land use plan update proceeds.

Assistant planner Katie Scarry and senior planner Taylor Price told the commission the referral (24.07) asks staff to describe the process and findings that would be required to consider a moratorium. Staff summarized that Government Code section 65858 permits a jurisdiction to adopt an interim ordinance without the usual zoning procedures if the legislative body finds there is a "current and immediate" threat to public health, safety or welfare and finds an interim ordinance would prevent that threat. Staff said an interim ordinance would take effect immediately but requires a four‑fifths vote of the Board of Supervisors and can be extended only twice per statute.

Commissioners and members of the public debated the underlying issues. Supporters of a moratorium, including Keep Big Sur Wild and several Big Sur residents, urged immediate action, saying county counts of existing rooms are inaccurate, that many high‑end "glamping" or park‑model units function as visitor‑serving rooms, and that additional VSUs would worsen traffic congestion and crowding on Highway 1. Keep Big Sur Wild's Marcus Foster told the commission his group's count identifies more units than county records and said "the impacts of ... 85 more units are enormous on a highway that is already overcongested." Christina McGuinness, representing Keep Big Sur Wild, argued agencies have wide discretion to determine whether a current and immediate threat exists and said a moratorium is necessary until the county finalizes definitions and counts in the Big Sur Land Use Plan update.

Opponents and other public speakers urged caution. A Big Sur resident and land‑use consultant representing a property owner said visitation has been reduced recently and that an "imagined emergency" does not justify bypassing existing processes; the Deetjen's Inn general manager urged conservation‑minded operation by existing inns rather than a moratorium. Several local business owners said visitor‑serving units are key to year‑round employment and that additional restrictions could harm the local economy.

Commissioners asked practical questions about the moratorium's scope and effects: staff confirmed that a properly entitled project with final entitlements issued before an interim ordinance's effective date would not be affected, but that incomplete applications still pending when an interim ordinance takes effect would need to comply with the new interim rules. Commissioners also queried whether a moratorium would divert staff resources from the Big Sur Land Use Plan update; staff said drafting and defending an interim ordinance would require legal coordination and staff time and might affect work program priorities.

After extensive public comment, several commissioners said they were not prepared to recommend the board pursue a moratorium now because they could not yet find the "current and immediate threat" standard was met, and because existing permitting and enforcement tools remain available. Chair Deal noted that comments and data submitted for this referral will remain in the land use plan update record and asked the public to continue submitting verifiable counts and documentation; staff confirmed it will accept new documented evidence and will update the county tally where appropriate.

No formal motion was made; the commission did not forward a recommendation to the board to adopt an interim ordinance at this meeting. Commissioners requested staff continue the Big Sur Land Use Plan update and monitor and report material changes in visitation or applicant activity that could affect the analysis.