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July 1, 2014 Council Meeting Packet Page 168 To: From: Submitted by: Subject: CITY OF CARMEL-BY-THE-SEA Council Report July 1, 2014 Honorable Mayor and Members of the City Council Jason Stilwell, City Administrator Rob Mullane, AICP, Community Planning and Building Director Consideration of an Encroachment Permit EN 13-01 (Anthony) for retention of an existing stone pathway in the City Right-of-Way at the northwest corner of 12th Avenue and Camino Real located in the Single- Family Residential (R-1) District Recommendation: Deny the request for Encroachment Permit EN 13-01, and direct the applicant to replace the path with decomposed granite and restore the remainder ofthe Right-of-Way (ROW) Executive Summary: The project site is the 12th Avenue frontage (City ROW) for a 6,000-square foot property that is developed with a single-story, single-family residence. On February 3, 2014, Community Planning and Building staff approved a Design Study (DS 13-123) for a 158-sq ft addition and remodel to the existing residence and worked with the applicant to address ROW encroachments pursuant to the City Municipal Code and the City's ROW Vision Statement. The project applicants (the adjoining property owners), Steven and Susan Anthony, agreed to remove a concrete pathway in the ROW along the property's Camino Real frontage but wanted to retain a stone walkway in the ROW along 12th Avenue. Staff noted concerns with the retention of this walkway as being inconsistent with the City's Design Guidelines, Municipal Code, and City's ROW Vision Statement and noted that retention of the walkway would require approval of an encroachment permit by the City Council. The applicants have applied for an Encroachment Permit, and staff has brought this request for consideration by the City Council. Analysis/Discussion: The site is located at the northwest corner of 12th Avenue and Camino Real (APN: 010-274-007). The applicants are requesting an 1

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July 1, 2014 Council Meeting Packet Page 168

To:

From:

Submitted by:

Subject:

CITY OF CARMEL-BY-THE-SEA

Council Report

July 1, 2014

Honorable Mayor and Members of the City Council

Jason Stilwell, City Administrator

Rob Mullane, AICP, Community Planning and Building Director

Consideration of an Encroachment Permit EN 13-01 (Anthony) for

retention of an existing stone pathway in the City Right-of-Way at the

northwest corner of 12th Avenue and Camino Real located in the Single­

Family Residential (R-1) District

Recommendation: Deny the request for Encroachment Permit EN 13-01, and direct the

applicant to replace the path with decomposed granite and restore the

remainder ofthe Right-of-Way (ROW)

Executive Summary: The project site is the 12th Avenue frontage (City ROW) for a 6,000-square

foot property that is developed with a single-story, single-family

residence. On February 3, 2014, Community Planning and Building staff

approved a Design Study (DS 13-123) for a 158-sq ft addition and remodel

to the existing residence and worked with the applicant to address ROW

encroachments pursuant to the City Municipal Code and the City's ROW

Vision Statement.

The project applicants (the adjoining property owners), Steven and Susan

Anthony, agreed to remove a concrete pathway in the ROW along the

property's Camino Real frontage but wanted to retain a stone walkway in

the ROW along 12th Avenue. Staff noted concerns with the retention of

this walkway as being inconsistent with the City' s Design Guidelines,

Municipal Code, and City's ROW Vision Statement and noted that

retention of the walkway would require approval of an encroachment

permit by the City Council. The applicants have applied for an

Encroachment Permit, and staff has brought this request for

consideration by the City Council.

Analysis/Discussion: The site is located at the northwest corner of 12th Avenue and Camino

Real (APN: 010-274-007). The applicants are requesting an

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July 1, 2014 Council Meeting Packet Page 169

Encroachment Permit to retain a Carmel stone walkway that extends

from a gate on the adjoining property to the edge of pavement along 12th

Avenue. The plans show this walkway as approximately 3-4 feet wide

and 6 feet in length. The majority of this walkway is within the City's

ROW. According to the applicants, the walkway was installed more than

38 years ago.

The City's Municipal Code, Design Guidelines, and ROW Vision Statement

all discourage paving and hardscape in the ROW, other than for

driveways. For pathways/walkways, decomposed granite (DG} is

preferred, and is noted as not needing an Encroachment Permit. The

City's ROW Guidelines and a summary of the City's ROW standards are

included as Attachment A. The Encroachment Permit application is

included as Attachment B. The City's approval letter for the associated

Design Study is included as Attachment C. The conditionally-approved

site plan and accompanying plans transmittal letter is included as

Attachment D.

General Approach to Reviewing ROW Improvements

While unpermitted ROW encroachments may be addressed whenever

they are noted by staff, the City Municipal Code specifically requ ires that

ROW encroachments are examined as part of any Building Permit

request. This enables City staff to work with applicants on removing

encroachments that are unpermitted and/or inconsistent with City

regulations and the City's ROW Vision Statement. Since many Building

Permits also require a Planning Permit, an examination of any existing or

proposed improvements in the ROW is also conducted as part of the

Planning Permit review. For Planning items that go to the Planning

Commission for consideration, the Planning Commission's review of

improvements in the ROW is in an advisory capacity, as a follow-up

Encroachment Permit is under the jurisdiction of the City Administrator

or City Council.

In reviewing existing or proposed improvements in the ROW, Community

Planning and Building staff refer to the City's ROW Vision statement, as

well as pertinent sections of the Municipal Code. Staff encourage the

removal of excess paving, gravel, and boulders, as well as unnecessary

retaining walls and inconsistent landscaping. For pathways, City staff

encourage the use of DG material and for pathways to be relatively

narrow (i.e., no more than 3 or 4 feet in width} . A binder or resin may be

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July 1, 2014 Council Meeting Packet Page 170

applied to the DG material, particularly in areas that are sloped or

otherwise prone to erosion.

Specific Review of this Encroachment Permit Request

Staff has reviewed the request and notes that it is inconsistent with the

guidance regarding ROW improvements under the Municipal Code and

ROW Vision Statement.

The request to use concrete-mortared stone for the pathway in the ROW

is inconsistent w ith CMC Section 17.34.070.8.4, wh ich notes, in part:

Pathways paved only with decomposed granite or other soil

materials are permitted.

The request for this material is also inconsistent with the ROW Vision

Statement's encouragement to use DG for pathways from the street to

the property entrance. The pathway is not DG, and while narrow at the

gate, it flares out as it approaches the street.

Staff also notes that requests for new stone pathways have been

discouraged by staff and the Planning Commission in review of Planning

Permits received in the last several months. DG would be a suitable

alternative for this location and specific case.

ROW Standards Analysis

CMC Section 12.08.060 establishes the encroachment application review standards. Several of the applicable standards are outl ined below followed by a brief response from staff.

A. Need. The applicant shall be determined to have a justifiable need for the encroachment, and the encroachment shall not be contrary to the public interest.

Analysis: There is not a clear and justifiable need for the retention of the stone pathway steps. A DG pathway would be a suitable alternative and would be more consistent with the City's ROW Vision Statement. That said, the retention of the stone pathway would have a minimal impact on the City right-of-way and would not be detrimental to public interest.

B. Safety. The granting of an encroachment permit shall not create a hazard to public health or safety.

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July 1, 2014 Council Meeting Packet Page 171

Analysis: The retention of the stone pathway does not create a hazard to pedestrians or vehicles. In addition, as part of the encroachment application, the property owner is required to obtain insurance and sign a notarized hold harmless agreement indemnifying the City.

C. Drainage. The proposed encroachment shall not adversely affect the normal drainage of surface water, unless an acceptable mitigation is included that will be advantageous to the general public and meet the standards herein.

Analysis : The proposed encroachment would not significantly impact the normal drainage of surface water. However, the existing concrete-set stone walkway is impermeable, and a DG pathway would be more permeable.

D. Circulation and Parking.

1. The proposed encroachment shall not adversely affect vehicular and/or pedestrian traffic nor the parking of vehicles.

2. The proposed encroachment shall not adversely impact existing rights-of-way nor preclude or make difficult the establishment or improvement of existing or potential streets or pedestrian ways.

Analysis: The retention of the stone pathway would not interfere with traffic or parking. While no pathway along the street is planned at this time, the stone pathway would make the establishment of any future pathway slightly more difficult than a DG pathway.

E. Public Use and Enjoyment.

1. The proposed encroachment shall not diminish public use or enjoyment, either visual or physical, of the City property or public right-of-way to be encroached upon.

2. The encroachment and enjoyment shall be in the public interest. 3. The length of time an encroachment has existed shall not by itself

prejudice a decision.

Analysis : The retent ion of the stone pathway would not diminish the publ ic use of the ROW, although a DG pathway would have a less formal appearance and would be more visually compatible with the City's ROW Vision Statement. The stone pathway's primary users would be the applicants, but others approaching the residence would also use this pathway. However, a DG pathway also provides suitable access. As noted in this standard, the applicant's statement that the encroachment has existed for over 38 years should not prejudice the Council' s

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July 1, 2014 Council Meeting Packet Page 172

determination on whether retention on the stone pathway is appropriate.

F. Compatibility.

1. The proposed encroachment and its mitigation shall be consistent with the General Plan and the adopted ordinances of the City. Particular attention shall be given to Section P1-48 of the General Plan, which prohibits the construction of sidewalks and concrete curbs in the R-1 district, unless necessary for drainage and/or pedestrian safety.

Analysis : The retention of the stone pathway would have a perceptible impact on the appearance and use of the right-of-way. Goal Gl-2 of the General Plan encourages preserving the village character. A DG pathway would be more consistent with the City's ROW Vision Statement.

2. The encroachment shall not create, extend, or be reasonably likely to lead to an undesirable land use precedent.

Analysis: The City typically discourages hardscape materials in the right­of-way. The proposed retention of the stone pathway may lead to an undesirable precedent.

3. Granting of a permit shall not adversely affect the usability or enjoyment of one or more adjoining parcels.

Analysis: The retention of the stone pathway would not adversely affect the usability of adjoining parcels.

4. The proposed encroachment and its mitigation shall be compatible with the surrounding area and adjoining properties.

Analysis : As noted above, the retention of the stone pathway would have a perceptible visual impact on the right-of-way. No mitigation for this impact is apparent.

G. Public Property/Greenbelt.

1. The proposed encroachment shall not adversely affect any public property, including existing vegetation or its root structure, and shall not significantly reduce greenbelt area that may be used for tree planting.

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July 1, 2014 Council Meeting Packet Page 173

2. Significant trees which would be affected by the proposed encroachment shall be identified by the Director afForest, Parks and Beach and approval for removal shall follow City policy.

Analysis: The retention of the stone pathway presents a perceptible but minor impact on the aesthetics and community character. It does not significantly reduce the greenbelt area or interfere with tree planting plans. Nor does it present any significant impacts to existing trees.

H. Mitigation. When deemed appropriate by the City, the applicant shall include those measures appropriate to compensate the City for the Joss of the use of City property or the public right-of-way, or to repair damage thereto.

Analysis: As noted above, the retention of the stone pathway would have a perceptible visual impact on the right-of-way. No mitigation for this impact is apparent.

Environmental Determination:

Alternatives:

Fiscal Impact:

CEQA Guidelines Section 15061 includes the general rule that CEQA

applies only to activities which have the potential for causing a significant

effect on the environment. Where it can be seen with certainty that

there is no possibility that the activity in question may have a significant

effect on the environment, the activity is not subject to CEQA. Neither

t he retention nor t he remova l and restoration of the stone pathway

would have potential significant environmental impacts.

The City Council could determine that the request to retain the existing

pathway should be granted, in which case, the Council can approve the

Encroachment Permit and authorize the City Administrator to sign the

Hold Harmless Agreement.

Under the City's adopted FY 2013-2014 fee schedule, the City charged

$250.00 for an encroachment permit. This fee is to defray the cost of

staff review of the application, preparation of the staff report,

presentation to the decision making body, and follow-up

correspondence. The application fee provides funding for some of the

staff time required. Staff costs beyond the amount of the application fee

are general fund expenditures and part of the department's adopted

budget.

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July 1, 2014 Council Meeting Packet Page 174

Attachments:

• Attachment A- City's ROW Vision Statement and ROW Standards

• Attachment B - Encroachment Permit Application

• Attachment C- Design Study DS 13-123 Approval Letter

• Attachment D- Site Plan and Cover Letter

Reviewed by:

City Administrator * City Attorney ~ Administrative Services 0

Asst. City Admin. D Dir of CPB [RiM Dir of Public Svcs D

Public Safety Dir D Library Dir D Other D

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July 1, 2014 Council Meeting Packet Page 175

ATIACHMENTA

Right-of-Way Vision Statement

In most neighborhoods, the edges of the public right-of-way (between the road edge and adjacent private property lines) are unpaved. The right-of-way is often left unplanted resulting in an informal character of volunteer plantings, packed earth and pine needles. The right-of-way is also often planted with indigenous species consistent with a forest appearance. Both approaches contribute to a linear green belt appearance that helps to create the "village in a forest" character that defines the City.

The City has adopted clear standards that guide the treatment of the right-of-way in the residential district. These standards can be found at www.ci.carmel.ca.gov or at the Department of Community Planning and Building located at City Hall. Some of these standards include:

• Drought-tolerant, native plants, informally arranged may be permitted. • Formal plant arrangements with highly colorful flowering plants are prohibited. • When possible, plantings should not extend to the street edge to allow for off­

street parking. • Paving, gravel, boulders, logs, timbers, planters or other above-ground

encroachments are prohibited, except paving for driveways, unless an encroachment permit has been obtained from the City.

• A narrow crushed Decomposed Granite pathway from the street to the property entrance may be allowed without an encroachment permit.

The City is requesting your assistance to ensure that the right-of-way adjacent to your property complies with City standards. If you would like assistance in determining whether the right-of-way adjacent to your property is out of compliance, please contact the Department of Community Planning and Building at (831) 620-2010.

July 1, 2014 Council Meeting Packet Page 176

ATTACHMENT A

Summary of ROW Standards

Policy Pl-43 ofthe Land Use Element ofthe General Plan states:

"Maintain and enhance the informal, vegetated, open space character of the City 's rights-of-way. Trees in the rights-of-way shall not be removed to provide parking. With the exception of driveways, installation of new paving in the rights­of-way by private property owners is prohibited."

CMC Section 17.34.070.B states the following regarding the public right-of-way in the R -1 District:

1. Landscaping in public rights-of-way in the R-1 district is limited to drought­tolerant plants that are native and are consistent with the character of the Monterey Peninsula environment.

2. Plants should be natural in character and informally arranged to reflect the surrounding forest atmosphere. Landscaping shall not include bedding plants, highly colorful flowering plants and "formal plant arrangements. "

3. Landscaping should consist of leafy ground covers, low shrubs and/or trees of the urbanized forest. Natural dirt rights-of-way with pine needles is also permitted. Parking spaces may be defined in the unpaved right-of-way with landscaping.

4. Paving, gravel, boulders, logs, timbers, planters or other above-ground encroachments are prohibited, except paving for driveways. Pathways paved only with decomposed paved only with decomposed granite or other soil materials made of soil materials are permitted.

The Residential Design Guidelines have the following guidance on the right-of-way:

1.5 Maintain and enhance the informal, vegetated, open space character of the right-of-way. • Use simple planting plans when right-of-way landscaping is proposed. • Emphasize native plants. • Do not add paving or boulders to the right-of-way.

1. 6 Maintain trees and naturalized vegetation in the public right-of-way and around the periphery of the site. • Exceptions may be necessary to provide safe access to the site. • Preserving existing belts of vegetation around a site can contribute

July 1, 2014 Council Meeting Packet Page 177

ROW Guidelines

to the forest character of the street and help screen buildings. • Trees with canopies that arch over the street are particularly important to community character.

ATTACHMENT A

1. 7 Where a parking area in the right-of-way is to be defined, use a design that will reinforce the forest image. • Natural soil, shredded bark and wood chips are preferred surface materials. Gravel is prohibited. • Separate an existing parking space in the right-of-way from any driveway with plantings. • Only the city is authorized to add paving or boulders in the public right-of-way, except in the cases of driveways and authorized encroachments.

Encroachments: CMC Section 12.08.010 states the following:

"While it is recognized that special and unusual conditions may justify the erection, installation, or placement of encroachments on, over, or under public property of this City, it is the policy of this City to discourage encroachments onto public lands and that such encroachments shall be kept to a minimum and shall be permitted only when consistent with the General Plan, are for the preservation of public health, safety or welfare, contribute to the furtherance of the general planning and zoning objectives of this City and are characteristic with the appearance of the neighborhood and City."

Encroachments are defined as "any excavation, structure or object, temporary or permanent, upon, over, or under any City property or public right-of-way, except driveways. " The City Administrator and the City Council are tasked with the issuance of encroachment permits.

The standards used to evaluate encroachment permits are outlined m CMC Section 12.08.060 below:

A. Need. The applicant shall be determined to have a justifiable need for the encroachment, and the encroachment shall not be contrary to the public interest.

B. Safety. The granting of an encroachment permit shall not create a hazard to public health or safety.

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July 1, 2014 Council Meeting Packet Page 178

ATTACHMENT A

ROW Guidelines

C. Drainage. The proposed encroachment shall not adversely affect the normal drainage of surface water, unless an acceptable mitigation is included that will be advantageous to the general public and meet the standards herein.

D. Circulation and Parking. 1. The proposed encroachment shall not adversely affect vehicular and/or pedestrian traffic nor the parking of vehicles. 2. The proposed encroachment shall not adversely impact existing rights­of-way nor preclude or make difficult the establishment or improvement of existing or potential streets or pedestrian ways.

E. Public Use and Enjoyment. 1. The proposed encroachment shall not diminish public use or enjoyment, either visual or physical, of the City property or public right-of-way to be encroached upon. 2. The encroachment and enjoyment shall be in the public interest. 3. The length oftime an encroachment has existed shall not by itself prejudice a decision.

F Compatibility. 1. The proposed encroachment and its mitigation shall be consistent with the General Plan and the adopted ordinances of the City. Particular attention shall be given to Section P 1-48 of the General Plan, which prohibits the construction of sidewalks and concrete curbs in the R-1 district, unless necessary for drainage and/or pedestrian safety. 2. The encroachment shall not create, extend, or be reasonably likely to lead to an undesirable land use precedent. 3. Granting of a permit shall not adversely affect the usability or enjoyment of one or more adjoining parcels. 4. The proposed encroachment and its mitigation shall be compatible with the surrounding area and adjoining properties.

G. Public Property/Greenbelt. 1. The proposed encroachment shall not adversely affect any public property, including existing vegetation or its root structure, and shall not significantly reduce greenbelt area that may be used for tree planting.

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July 1, 2014 Council Meeting Packet Page 179

ROW Guidelines

ATTACHMENT A

2. Significant trees which would be affected by the proposed encroachment shall be identified by the Director of Forest, Parks and Beach and approval for removal shall follow City policy.

H. Mitigation. When deemed appropriate by the City, the applicant shall include those measures appropriate to compensate the City for the loss of the use of City property or the public right-of-way, or to repair damage thereto.

The Municipal Code also addresses how to handle existing nonconforming encroachments. CMC Section 12.08.125 states :

A. At the transfer of property ownership or the issuance of a building permit, the Building Official shall inspect the public right-of-way adjacent to the affected private property. He/she shall require the abatement of any nonconforming encroachments or the property owner may submit an application for an encroachment permit that will be processed in accordance with CMC 12. 08.050.

B. City staff may cooperate with the property owner to help remove and dispose of asphalt that has not been authorized by the City.

C. The City may plant trees and native vegetation, if appropriate, in areas where asphalt has been removed.

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July 1, 2014 Council Meeting Packet Page 180

I_K I R ~ UOO ~AY tiTREET, 8~1TE &DO

OAKlAND, CALIFORNIA 8UI2- 1427

TEl= SI0.2AI6.15110

PAX: 610.215.2505

KNOX R I CKSEN LLP ATTORNEYS AT LAW

December23, 2013

·City of Cannel by the Sea

To Whom It May Concern:

ATTACHMENT B

My wife and I are applying for an encroachment petmit for the entry way to our home de~icted in the attached photograph. The home is located on the northwest corner of Camino Real and 121

We both grew up coming to Carmel, a city we love like no other. We purchased this home 38 years ago, raised our kids there every chance we had and now share it with our kids and grandkids.

The entry way depicted in the photograph was there when we purchased the home and therefore has been there in excess of 3 8 years. It Jilatches the carmel stone in the walkway beyond the gate. It is not used by casual walkers, but only people coming-to our home. Though there has never been any incidents involving the entry way, we have received confirmation from our insurance agent that we could place the City as an additional insured on our homeowner,s policy, the limits of which are $500,000. As part of the application for the pennit, we have also provided the City with a hold harmless agreement.

This is a Michael Murphy designed home built in the 20s, of which we have always respected Ute integrity of the design. We would appreciate your favorable response to our request for an encl'Oachment permit

SRA:lm

Encl.

RECEIVED

DEC 2 6 2013 City of Cormet-by-fhe.sea Planntng & Building OQpt,

July 1, 2014 Council M

eeting Packet P

age 181

July 1, 2014 Council Meeting Packet Page 182

City of Carmel-by-the-Sea Department of Community Planning & Building;

P.O. Drawer G Carmel, CA 93921

(831} 620-20100FFICE/ (831) 620-2014 FAX

Encroachment Permit Application City Use Only This Section

ATIACHMENT Fk

Date Rec'd.:f:l.;B-(SFee: $~~-OOReceipt #: 0o9f By: &[: Permit#: EN- /"9-0 I APPLICANT SECTION Complete items 1-6 in this section, and provide additional information and/or plans as required to describe the work proposed. SECONP PAGE OF THIS FORM MUST BE SIGNED

1., "1l . 1. Exact Location: N W " .s'f : 4...,.,.-Jc itc:4 L

Block: R Lot(s): sJ 11. / ? Parcel#: e.> I o - Z 7 tf - oo 7 I

2. Legal Property Owner: 6/eleN ~Sus'!!~ /J#i1JoN~;, -""J

Mailing Address: /3SO .:5v1Y'ffh}A;l?d City: t9 If- .e.. State: ~ Zip: 9 ~6/ tJ

Telephone# (Sto ) ~39· .. 30q'2- E-Mail: .~6-J?N#t~g @-&6t:.8/o61Ji.l}(ef

3. Contractor/Agent: (Y),lf[ Hli -4/AJ ~; fL / C.lf.lZI ... ,; '- )S :.a c.IJr:,.; • : D t: >. 'L G ,-.J

Mailing Address: f. o i3o '\( 2-; ot

Telephone# ( 8 ~I ) (,l (:. - [; &.o'

City: UJ2..is, CL State: ~ Zip: J '3 <1 ~ i

E-Mail: Mgt+k ~ C.C.t ,""ei b~.t ; fJ~· ·t; .. c c;.."'l

4. Date Work is Scheduled to Begin: _____ Projected Completion Date: __

5. Check the appropriate Department action proposed:

[d"PUBUC WORKS DEPT.: Encroachment/Sidewalk/Curb·Gutter/Driveway/Utilities

0 FORESTRY /BEACH: Tree removal/Pruning/Landscaping

~PLANNING/BUILDING: Encroachment

FULLY DESCRIBE ALL WORK PROPOSED: L~ ve- L-AR..A1t'l .. ST~:~:vt' P~:.7/...~ 'I J

trc.-. IZ t'&. Srr~ ~' r to t/<):11.,.. J"t' r/.., -r- ta .. , ex.·stc) f.u~

S:\PianBidg\fonns\applications\Encroachment application.doc Revised: Nov. 2013

July 1, 2014 Council Meeting Packet Page 183

ATTACHMENT B

6. Applicant Acknowledgement I understand and agree to comply with all pertinent conditions, standards and requirements as specified by the Carmel Municipal Code, State, County and Federal regulations pertaining to this permit application. I agree to properly maintain the subject work at no expense to the City and to indemnify the City from any liability arising from the permit issued. Acceptance by the City of the work described hereon is not a waiver of my obligations as stated herein.

Applicant Name (Print aearly): 6-he f./ /f.,V lho NY

Signature:~ ,i..~ ·~ate: /(il-;<o--<_3

CITY USE NLY BELOW Action: Public Works: Approve/Disapprove Forestry /Beach: Approve/Disapprove

By: _______ Date: __ _ By: _______ ,Date: _ _ _

Planning: Approve/Disapprove Other( ): Approve/Disapprove

By: _______ ,Date: __ _ By:. _______ Date: __ _

Additional Requirements: {Circle each) Labor-Performance Bond/Workers Comp./Uability/ Driveway Grade and Drainage Agreement/Hold Harmless Agreement

Comments/Conditions: __________________ _

City Clerk Approval:------------- Date: ____ _

Hold Harmless/Insurance Filed: Yes 1 No Policy No.: ____ Date: __ _

Field Inspection Record

Initial Inspection By: _____ Signature: ------- Date: __

Final Inspection By: Signature: _______ Date: __

S:\PlanBidgiFotms\applications\Encroachment aoolication.doc Revised: Nov. 2013

July 1, 2014 Council Meeting Packet Page 184

ATTACHMENT B

INSTRUCTIONS TO THE APPLICANT

PERMIT FOR ENCROACHMENT IN THE PUBLIC RIGHT-OF-WAY

CITY OF CARMEL-BY-THE-SEA

An application for an encroachment in the public right-of-way includes all of the following steps.

1. Encroachment and Work Permit Applications

This is the first step in the process of requesting the City's approval for an encroachment in the public right-of-way. The forms are to be completed and returned, along with the encroachment application fee of $250, to the Department of Community Planning & Building.

2. Hold Harmless Encroachment Agreement

This document must be executed by the legal owner(s) of the property adjacent to the public right-of-way upon which the encroachment is planned to be installed. The names must be written and signed as they appear in the official records of the City, i.e., "William L. and Elizabeth W. Jones"- not "Bill and Liz Jones." The applicant(s)' signature(s)must be notarized.

Special attention should be paid to paragraph 3 of this Agreement and the insurance requirements set forth therein. If the application is approved, WORK MAY NOT BEGIN until the Certificate of Insurance is on file with the City Clerk's Office.

IMPORTANT NOTICE

TO TIIE AGENT PROVIDING INSURANCE COVERAGE ON THE ADDITIONAL INSURED POUCY FORM

When required to supply Liability Insurance, either in the amount of $1,000,000 (commercial properties) OR $500,000 (residential properties), it is imperative that the additional insurance coverage be in the form of an "endorsement" using the following language:

3. Notice Pursuant to Municipal Code§ 12.08.110

"The City of Carmel-by-the-Sea, its elected officials, officers, agents and employees are additionally insured under the policy."

S:\PianBidg\Fonns\applications\Encroachment appliration.doc Revised: Nov. 2013

July 1, 2014 Council Meeting Packet Page 185

ATTACHMENT 8

CITY OF CARMEL-BY-THE-SEA

INFORMATION REGARDING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY

NAME: 5-/eVeAI Cf ~4 /1#1-/JoAIY 7

MAIUNGADDRESS: /3SlJ 6u#~Vh~/l~ Y ~,q.J< /!A-. 'f~6/tJ I

TELEPHONE: (Business): WtJ.) ~-;)So 0 (Home or Cell): & ... t g 'i>39-3 #2-(E-Mail Address):. ____________ _

EXACT PHYSICAL LOCATION OF fROPOSBD ENCROACHMEN)'(S): £. ~:

~ ~~t'* ~~~z2-r'1} --~~ YJO~ ~ ~w

BLOCK: Lot(s): APN: 0 f 0 - l. 7 t/- QD 7

TYPE OF ENCROACHMENT(S): If there is more than one required (e.g. fence and steps), please list each separately. Attach additional sheet(s) if necessary.

1. C /l tL $' !'1v.T h.:o b&.ro. t"kr hc.s ej..·~r ) ·e r

2. Ou '-r 38 ye~·.rs;)

3. ________________ ------------------

DIMENSION(S) OF ENCROACHMENT(S): (Attach an 8 W' x II" site plan showing all existing and proposed improvements in the right-of-way.)

I / ·,,·1 .. ,, 2. C.fl lr)'~:M_f 4 {0 f~

3. _ ___________ --------------------

TYPE OF MATERIAL TO BE USED FOR EACH ENCROACHMENT REQUESTED:

1. C....gr.,'h/Z'/. >row~ Pc.u~O w/lhc.UI!R-

2. ---------------------------------------3. _ _____ - __________________________ _

S:\PlanBidg\Fonns\applications\Encroacllment aonlication.doc Revised: Nov. 2013

July 1, 2014 Council Meeting Packet Page 186

WHEN RECORDED, MAIL TO:

CITY OF CARMEL-BY-THE-SEA BOXCC CARMEL-BY-THE-SEA, CA 93921

ATTACHMENT B

1HJS SPACE FOR RECORDER'S USE ONLY

HOLD HARMLESS ENCROACHMENT AGREEMENT

AGREEMENT made this :::lO day of I£~ . , 20 i3, between the CITY OF CARMEL-BY-THE-SEA, hereinafter called CITY, and ~el/ 'Y..6c>..:rAfl 4Aii?IOHll , hereinafter called OWNER, with reference to the following facts: ---'

OWNER is in possession of and owns certain real property in CITY known as Block Lot(s) , Assessor's Parcel No. (!)to • 2-7 '/ - oc. 2 Zoning District__, street location (,4/1!1( ,vi{) Be~/ CJ" /~ C /V a/ ~~'J

OWNER has requested from CITY permission to construct and maintain a structural encroachment on CITY street or sidewalk area adjacent to or near the property, described as follows: a t!M#e/ 6.../o~ -:7 /Je flJtid I Jc ~r/tee&llo

t>uJ!.) ~.ou'J

NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, agree as follows:

1. CITY grants pennission to OWNER to construct and maintain a structural encroachment on CITY street or sidewalk area adjacent to or near OWNER'S property, as described above. Said permission is subject to the following conditions:

a. Execution of the Hold Harmless Agreement and compliance with the provisions of paragraph 3 below.

b.

2. OWNER, his successors and assigns, agrees to name CITY an additional insured and to hold CITY harmless from any and all claims, actions and demands of third parties of any kind, character and description arising out of or due to any accident or mishap in, on , or about said structural encroachment so constructed or so maintained or any error or omission resulting in personal injury or property damage.

S:\PianBJdg\Fonns\appljcations\Encroachment appl jcation.doc Revised; Nov. 2013

July 1, 2014 Council Meeting Packet Page 187

ATTACHMENT B

3. OWNER, agrees to provide CITY and maintain a certificate of insurance from an insurance carrier acceptable to CITY certifying that OWNER has public liability and property damage insurance with limits of not less than $500,000 combined single limit for personal injury and/or property damage for property located in the R-1 zoning district and limits of not less than $1,000,000 for property located in all other zoning districts. The certificate must indicate this insurance is primary over any other valid or collectible insurance CITY may have, insures owner's performance of this Hold Harmless Agreement and that the Carrier will notify CITY in the event of any material change in the policy, including the nonrenewal thereof. Said Certificate of Insurance must name CITY, its elected officials, officers, agents and employees as additional insured insofar as the insurance pertains to this encroachment. Owner further agrees to maintain said insurance as long as said encroachment remains on CITY property.

In the event of cancellation or nonrenewal, the insurance company will give thirty (30) days' written notice to CITY. The Certificate must be signed by an authorized employee of the insurance carrier and mailed to: City Clerk, Carmel- by-the-Sea, P.O. Box CC, Carmel-by-the-Sea, CA 93921.

4. CITY may terminate and revoke this Agreement at any time that it is determined by the City Council to be in the best interests of City and necessary to promote the public health, safety or welfare. Any expenses caused to OWNER, his successors or assigns, by termination of this Agreement shall be borne by OWNER, his successors or assigns.

5. The parties agree that this contract is for the direct benefit of the land in that it makes the property more usable and increases its value, as such, agree that the covenants herein shall run with the land, and the parties agree that the covenants shall bind the successors and assigns of OWNER.

CITY OF CARMEL-BY-THE-SEA:

By: Jason Stilwell, City Administrator

ATTEST:

Heidi Burch, City Clerk

S:\PlanBldg\fonnslapplicalions\Encroachment application.doc

OWNER(S):

~~ ~UM.~

Revised: Nov. 2013

July 1, 2014 Council Meeting Packet Page 188

ATTACHMENT B

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

State of California

County of Mo NT-trt..-Ej

On 1'- ( ·-z...-o / '7o 13 Date/

before me, A 't>~ tv\ /l.-rt:t.AG lA) D ~ 1-\-<>y~ s Here Insert Name and Title of the Officer

Personally appeared S\ E:v (;. N t\ ~-r\.\;:) .IV 'I ~ c l.\ '5£\N A J..Yllr\:t> N'/ Name(s) of Signal{s)

Place Notary Seal Above

S:\PianBidg\Fonns\apolications\Encroachment appljcation.doc

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs is true and correct.

Witness my hand and official seal.

I Signaturer- ..12- --4 7

Signature of Notary Pubhc

Revised: Nov. 2013

July 1, 2014 Council Meeting Packet Page 189

E;; istill\1 Drivew,'lY t•} Renk~in

Existin9 Residence

E:.:isti11\) C<1rmel SlDne p,~thw,,y tl) Rem,,hl Pel)din9 Encr<:o,)(hment Permit Approv,,l

12.th Street

Prop€tty Line

Existing Con<rete Sldew,111< t•) be Ren\l:•ved

c:..,milw Re,,l

)>

~ I s:: m z --i OJ

July 1, 2014 Council Meeting Packet Page 190

ATTACHMENT B

~R • CERTIFICATE OF LIABILITY INSURANCE I DATE (lotMJl>lli\'YYY) 12/23/2013

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONlY AND CONFERS NO RfGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AR'IRMATIVELY OR NEGATIV.ELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POliCIES· BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENT A liVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: lUll c:ertlflcata holder .. an ADDJnONAL INSURED, tha policy{iu) must be endol$8d. If SUBROGAT[ON IS WAIVED. subject to the terma and c:ondltfoll!l of the poHcy, c:ertaln pollolea rnay require an endorsement. A •tatemant on this c:ertlllc;ate does not confer rlghta to the c:ar11flcate holder In Heu of such andoraornent{s}.

PRODUCI!ft 1-510- 832- 8000 . ~~~CT Michael B. Maobette Arthur J . GaUagher a C¢.

1 ~.f .. ., .. ,. 925-2.98-5222 ~~-Nn~ 925·2tt-Ol28 Xn.urance Brokera of ca1ifornia, Xno. Lioenae 10726293 3697 Nt. Diablo Blvd., SIJ!te 300 ~~~b Mike Haohet:tet:ta-io. oom.

Lafayet~, CA 94549 IHSUREili!IIMFORDIItO COVm.t.OI! HAlO I IHSUREIU: BNCOMPASS lKB CO 10358

INSUIIEO INSURERS! Steven R ~ Bu•an G. Anthon¥

INSURERC:

1350 sunnybill• Road INS\IRfRD :

oakland. CA 94610 UlliUIIERI!:

IKIURERf :

COVERAGES CERTIFICATE HUMBER· 37617098 REVISlON NUMBER: THIS IS TO CERTIFY TiiAT niE' POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABCNE FOR THE POLICY PERIOO IM>ICATEO. fiiOTWilHSTANDJNG J>HY REQUIREMENT, TERM OR CONOITlON OF ANY CONTRACT OR Oll-tER DOCUMENT WllH RI;SPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAW. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS M'D CONOOIONS OF SliCK POLICIES. liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

1'~-1: TYPE OF 1118URAACE l"oiU.O lwvn I'OUCYNUMBER ]'()l.IOV'EFF POLIC'nXP

LIMITS

A OEM:AAllJABIIJTY X US23559112t 08/23/1!. 08/D/14 EACH OCCURRENCE 1, soo, o«Jo

COM\IERCIAI. OE:NEMUJAiliLITY ~~~i~M~ s r-o·ct.AIMS-MAOE 0~ MEDEXPIAnVOM-)

x s Per•onal Liability PER80NAL &IDV INJI.R'!Y $ r-

r- GENERAL AGGREGATE s ~~nEUMITnPE~ PROOUCT8- CONI'XJP AOO $

POLICY ~ LOC $

AUJOMOI!II.I! LIAI!IUTY ~~~fiNGLI:U:.UT Is -NiYAI.JTO

r-- sQ1EOULB) IIOOtL Y INJURY (Per pe..ao) ~

1- AU.OWNEO 1- AUTOS f-- AUTOlt

BOOILY INAIRY (Per ocx:kltnQ $ NONCMIED . ~~LIAMAGE HIRED AUTOS f-- .AUTOS $

1--s

UMIIR&I.I.A UAB HOCCUR EACH OCCVRRENCE $ - ElCCE$11 LM ClAIM$I.IAOE IIGORffiATE Is

DEDI I $ WORI<I!RII COMPfHSAllDN .l ~g9)"~W;.1 T~· ..... AKD EMPlDYERa' LIABILITY y f H NIY PROPAIETORIPNITNERIEXEQJnV£ D

N/A E.l. EACH ACCJDafT $

OfflCEI!IMEioiBEI! El!a.UOI!D7 (Manfalory 1ft Nil). E.l. DIS1:'ASE • EA EMPLOYEE $

~=~PEAA110NBI>elow E.l.OISE'ASE • pQJCV LIW I s

RFCEl\lED DESCRII'IlOH OF OPEM.TIOHS1LOCAllONS1VfHICI.ES (Alta~ ACORD fOf. Addllfonol ~maw Schedule, If mooe ipllcela reqllh<O

Property location_a mt" Corner ca~~~fno Jtea1 at 12T.h, car.al, CA 93921 DEC 2 6 2013 aoaideutial Rome certificate holder :h added a. Add:l.t.J.ooal Jnaured Cartifioate holder to inol~da • rhe City of Carael-by• the-Saa, ita elaoted offioiala, of!ioen,

Ctty of Carmel·bY-thG s ·-~ 6 Duilding D

90

pt. employee• are additional ioltUred under the poU.ay 30 Day Kotioa of canaellation rnaludad. rnauraooa ie primary

CERTIFJCATE HOLDER

City of Ca~el-by-the•Sea

City Cler)l !lOX CC

caraal-Ay-rba-sea, I

ACORD 25 (201 0105) pourtia 37617098

CA 93921

CANCELLATION

SHOULD At« OF THE ABOVE DI:SauBED POUCIE8 8E CANCELLED BEFORE THE EXPIRATION DATE THERI!'OF, NOncl! WILL BE DELIVEReD IN ACCORDANCE WITH THE P01.1CY.f>ROVISION8.

ALITHOAIZEO RlPREIEif'FATIVE

ii<J i/AAcuc-USA

® 1988-2010 ACORD CORPORATION. AJI rfghts reserved. The ACORD name and ·logo ere registered marks of ACORD

July 1, 2014 Council Meeting Packet Page 191

Fc:bruary 3, 2014

Matt Jlannel' POBox2201 Cannel, CA 93921

City of Carmel-by-the-Sea COMMUNITY PLANNING AND BUILDINCi DEPARTMENT

POST OFFICE DRAWER G C'.AaMELft·TH6UA. CA tJ92t

(131} 620-2010 OFFICE (151) 620.2014 PAX

Subject: DS 13-123 (Anthony) Northwest Comer Camino R.cal and 12111 Avc:DUC BlkR; Lots 17, 19 APN: 01~274-007

Dear Matt:

ATIACHMENTC

Tlumk )'011 for IDbmitting m. application for Design Study on November 12, 2013 fbr the additim to the fioDt mtry aod a bedroom and new wood windows. S1affhas approved your applicatiQil with the attadlal BpCCial amditions. A 1o.a.leDdar day appeal period applies to this project, daring whidl the mclosed Notice of Approval needs to be posted on the site. The 10-day appeal paiod commencc:s 1hc day that the Notice of Approval is posted. The appeal period must nm prior to the initiation ofwotk, md the a1Closed Affidavit ofPostiDg rc:tumod to the Community Phwrins and Bui1dins Deparbneat once you have posted the notice. You may thc:n apply fbr your builcliq pamits.

Plcaac let me know if you have my qucstiODS. My direct line is (831) 62~2022. Thaak you.

Cc: Steve aod SDSID.Anthoay 1330 Swmyhills Road ()aldand, CA 94610

encl: Cooditions of Approval Notice Dc:daration

July 1, 2014 Council Meeting Packet Page 192

DS 13-l23 (Anthony) Febraary3, 2014 Co:aditions of Approval

PROJECf DESCRPTION:

ATTACHMENT C

The project involves the addition of 158 square feet of floor area to the entry and bedroom of the existing home as shown on the submitted plans. Also approved are new wood windows and cannel stepping-stone paths to replace existing concrete.

SPECIAL CONDIDONS:

1. Site coverage must be reduced by 326 square feet as noted on the approved plans.

2. The footings for the bedroom addition must be cantilevered and hand-dug to protect the roots of the nearby oak tree.

3. The applicant must have an approved encroachment permit for the ftoot walk in the right­of-way issued by the Planning Department prior to final approval of this project.

4. This approval is valid for a period of 12 months. All work authorized by this permit shall be completed by February 3, 2015, unless extension is requested and granted by the Community Planning and Building Director.

5. Within one week of completion of the work authorized by this approval, the applicant or owner shall notifY the case planner, who shall schedule a site visit for final inspection.

6. The applicant agrees, at its sole expense, to defend, indemnity, and hold harmless the City, its public officials, officers, employees, and assigns, from any liability; and shall reimburse the City for any expense incurred, resulting from, or in connection with any project approvals. This inc]udes any appeal, claim, suit, or other legal proceeding, to attack, set aside, void, or annul any project approval. The City shall promptly notify the applicant of any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole discretion, participate in any such legal action, but participation shall not relieve the applicam of any obligation under this condition. Should any party bring any legal action in connection with this project, the Superior Court of the County of Monterey, California, shall be the situs and have jurisdiction for the resolution of all such actions by the parties hereto.

Date of Final Inspection:

Signature of Case Planner:----------

July 1, 2014 Council Meeting Packet Page 193

T.J.,

,.

BUILDING ::·:DESIGN

RECElVED

.l ~N 21 '/.0'4

f COrt'f't9\-by-thG·$e<J CH"f 0 oapt Planning & Bu\ldlng •

January 21,2014

Here is the revised planning submittal for the Anthony residence. I think that we've corrected everything that you needed for this.

There were two areas of sidewalk that encroach on the city property. The one on the Camino Real side of the property we noted to be removed. The one on the 12th street side we have applied for a permanent encroachment permit for. We noted on the plans that the permit application has been submitted and must be resolved prior to issuance of a final on this project. It's a small area of cannel stones and will be easy to remove if the encroachment permit is not granted. I don't think that this should hold up our planning and building permits and frankly I really need to get this project started. If there is any issue with this please let me know so I can discuss it with you or Rob.

We also revised our site calculations. If you need any further information on that let me know and I can go through all of our calculations with you.

Please either call me or e-mail me at mh~'((cannclbL•ilciing.corn if you have any questions so that we can get this all resolved as fast as possible.

Thank you,

Matt Hanner

Fine Custom Homes

CARMEL BUILDING & DES'GN I P. 0 . Box 2201 I Carmel, CA 93921 I TEL 831-626-8606 I FAX 831-626-8607 I www.carmelbulldlng.com I License #786482

July 1, 2014 Council Meeting Packet Page 194

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1. ALL~~OH ~-;,.;;;;E·~EOUIItDotNETSOF mE 201~CA eullil.Na CXlOE. If, DUlliNG 'THE CONSTRUCllON TllE OONTRACTOR ANDS STIIUCTUAI. CONDmONS Plff£RfNT1HAifl1l051 ON 'THE DAAWIHG, 'THE COHTIIACTOR SKAI.I. NOllFY 'THE DESIBN(R WORE I'IIOC!EDINGAM'I'I.IR'THER. ANY UNUSUAL SITE CONDITIONS SIWJ. BE IIROUCIKT TO THE AmNnON Of 'THE D£SIBN£R PRIOR TO FURTHER WOIIk.

2. CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMIT$ PIIIOII TO STAIIT Of WORK, 3 .. M COHTRACTOII SHAU. BE SOI.£V IIESI'OHAILE 1'011 THE IIIIACIHG AHO

SHORING. THE CXINTRACTOII SHALL NaT STOllE CXlHS'111Ut'llON MATRIAI.IN MAHHIIITHAT SUCH THAT THE DESIGH IM~ OF THESTUIICTUIIEAIIE EXCE£DE0(16 pofOHntE ROOF, 40 polafj THE R.OOII)

4. THE CONTRACTOR SKAI.I. aE SOI.£V IIDPONAJli fOil 108 SITE SAFTEY AHO SHAll ADHERUOAI.li'EDRAl. STATE. LOCAl AND O.S.H.A. STAHDAADS.

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5, All MATERIAl. STOll ED OH THE SITE .5HAI.lll£ PROI'EltlYSTACIIED AND PRCJECTED TO PilEI/BIT DAMAGE AND PfTERIORATlOH.

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PUJMIING • JltOWBI STAW All! RIQUIII!D '1"0 HAVE A MINiMUMCUAIIlltleHOI.D OI'!HING Of 22" AND THr f\.0011 AlllA MUST IE A MINIMUM Of 1.014 JllUAA~ INOtfS AND ENCOMPASS A !0" CRCU. GLASS SHDWEII [NClOSUIIIES MUST Ill TEMPERED,· . TOlin' AltfA IS fti!CIUM!Ol"' IIAV!A MIIIIMUM WIDTH Of !0" QfM SPACI!AHD 2A" Q.EAJt IH AIOHT'. SHOW!IIHtAD MUST!ilW A 'II!SSUII(/TlMI'UAATURE IIAlANc:l! VAL VI!.

Praperty OWner:

N.W. tam• at 11"' l tam Ina 11•1 ~tile-S.., CA 9351U .

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