Encroachment Permit EN 14-02 (Tsern) 07-01-14.pdf

July 1, 2014 Council Meeting Packet Page 144

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 14-02 (Tsern) for

construction of a stairway and masonry retaining wall in a portion of the

City Right-of-Way and retention of an existing stacked stone retaining

wall in the City Right-of-Way along Camino Real 4 properties northeast of

4th Avenue in the Single-Family Residential (R-1) District

Recommendation: Consider the request for Encroachment Permit EN 14-02, and direct the

applicant on any appropriate revisions to the proposed scope of work in

the Right-of-Way (ROW)

Executive Summary: The project site is the Camino Real frontage (City ROW) of a 4,000-square

foot property that is developed with a single-family residence. On

September 4, 2013, Community Planning and Building staff approved a

Design Study (DS 13-87) for a 35-sq ft addition and remodel to the

existing residence. Subsequent to that approval and during the Building

Plan Check process, it was noted that the project involved components in

the City ROW and that there were some existing encroachments in the

ROW that did not have an Encroachment Permit. The improvements in

the ROW included a portion of a stairway structure and associated 4-ft

high concrete masonry wall at the front of the property, an existing 19-ft

long, 24-inch high stacked-stone retaining wall along the northern edge

of the driveway, and a row of cobbles along the street edge south of the

driveway.

The project applicants (the adjoining property ownersL Ely and Gigi

Tsern, agreed to remove the row of stone cobbles in the ROW, but wish

to retain the stacked stone retaining wall along the driveway and

authorize the 4-foot wall and stairwell structure that encroaches up to 5

feet into the ROW. The appl icants have applied for an Encroachment

Permit. In discussions with the applicants' representative, Matt Hanner 1


of Carmel Building and Design, staff noted concerns with the retention of

the stacked stone retaining wall and indicated that the request would

need to be referred to the City Council for a determination on both the

stacked stone wall and the larger concrete masonry wall in the City ROW.

Analysis/Discussion: The site is located on Camino Real 4 properties northeast of 4th Avenue

(APN: 010-232-014). The applicants are requesting an Encroachment

Permit to retain an existing 19-ft long, 24-inch high stacked-stone

retaining wall that extends along the north side of the driveway. The

applicants are also requesting approval of use of the City ROW for a

portion of the entry staircase and associated 4-ft high concrete masonry

retaining wall. The masonry wall and staircase encroach up to 5 feet into

the ROW.

The front (western) western portion of the driveway retaining wall helps

support a tree, and removal of the wall in this area may have an adverse

effect on the tree's long-term health. It may be feasible, however, to

remove the eastern portion of the stacked stone retaining wall and re

contour the land to avoid the need for the entire 19-foot length of the

wall. Staff notes that if the western portion of the wall is retained, there

will not be much benefit in removing the eastern portion in terms of

reducing visual impacts. Staff does not support the removal of this

retaining wall but notes that it is a potential hazard, and therefore,

obtaining an encroachment permit and execution of the hold harmless

agreement would be beneficial for the City.

The staircase and associated 4-foot high concrete masonry wall could be

removed; however, this would require a redesign of the entry way and

would likely result in removal of some of the landscaped area between

the driveway and the staircase. The authorization of this component's

encroachment is a policy decision, and staff is looking for direction from

the City Council on this component. A more detailed analysis of the

request is below.

General Approach to Reviewing ROW Improvements

While unpermitted ROW encroachments may be addressed whenever

they are noted by staff, the City Municipal Code specifically requires 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 2


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 do not go to the

Planning Commission for consideration, staffs 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. Structures including

retain ing walls are generally to be avoided in the ROW; however,

retaining walls are sometimes necessary when there are slopes present

and pre-existing conditions or improvements that constrain alternative

designs.

Specific Review of this Encroachment Permit Request

Staff has reviewed the request and notes that components of the request

may be seen as inconsistent with the guidance regarding ROW

improvements under the Municipal Code and ROW Vision Statement.

This is more the case for the staircase and 4-foot high concrete masonry

wall than it is for the 24-inch high stacked stone wall along the driveway.

The request for retaining walls in the ROW is inconsistent with CMC

Section 17.34.070.8.4, which notes, in part:

Paving, gravel, boulders, logs, timbers, planters or other above

ground encroachments are prohibited, except paving for

driveways.

The retaining wall along the driveway could be determined to be

consistent with Residential Design Guidelines 1.5 and 1.6, which state:

1.5 Maintain and enhance the informal, vegetated, open space

character of the right-of-way.

1.6 Maintain trees and naturalized vegetation in the public right

of-way and around the periphery of the site.

On the other hand, the request for the staircase and associated concrete

masonry wall appears to be inconsistent with Residential Design

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Guidelines 1.5 and 1.6, although one benefit of the current design is that

a small area of landscaping between the staircase and the driveway is

maintained.

ROW Standards Analysis

CMC Section 12.08.060 establishes the encroachment application review standards. Several of the applicable standards are outlined 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: Keeping the retention wall along the driveway and especially in the vicinity of the existing street tree may be justifiable. However, there is not a clear and justifiable need for the staircase and associated masonry wall. These components present a formalization of the ROW and convey a private use to a public space. The potential benefit to the public for the staircase and masonry wall is limited to minor aesthetic improvements to the front of the property. That said, neither of these features would present a detrimental impact on the public interest.

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

Analysis: The 24-inch high stacked-stone retaining wall extends to the end of the driveway and as such, presents a slight hazard to traffic along Camino Real. However, it is also preventing soil erosion, which could create a different roadway hazard and could also undermine the stability of the street tree. The staircase and masonry wall are approximately 15 feet in from the roadway, and hence would not present a hazard to the public. In addition, as part of the encroachment application, the property owners are 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 retaining walls would help control drainage and reduce soil erosion.

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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: As discussed above, while the stacked-stone retaining wall extends to the roadway and presents a slight hazard to traffic along Camino Real, it also would serve to reduce erosion. The staircase and masonry wall are approximately 15 feet in from the roadway and would not present a hazard to the public. Neither wall would interfere with onstreet parking. It is unlikely that a pathway along Camino Real would be developed, and therefore, the stacked-stone wall is not seen as an impediment to establishing any such future pathway or other street improvement.

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 proposed retaining walls would not diminish the public use of the ROW, although they would present a slight formalization of the ROW.

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 proposed walls would have a slight impact on the appearance and use of the right-of-way. Goal Gl-2 of the General Plan encourages preserving the village character. Small retaining walls are found elsewhere in the City, particularly where there are sloped

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properties such as this one. The staircase and associate masonry wall encroach up to 5 feet into the City ROW. A redesign of the staircase to relocate it and the associated masonry wall out of the ROW would be more consistent with the City's ROW Vision Statement, but would not result in a significantly different street view than what is currently proposed.

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

Analysis: The City typically discourages retain ing walls in the ROW, unless needed for safety reasons. The proposed stacked stone wall would help support an adjacent tree, and would not be seen as an undesirable precedent. The staircase and the associated masonry wall, however, is more of an issue in terms of setting an undesirable precedent.

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

Analysis: The proposed reta ining walls would not adversely affect the usability of adjoining parcels. On the contrary, the stacked-stone retaining wall abuts the ROW fronting the adjacent property to the north and helps stabilize the slope on either side of the wall.

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

Analysis: As noted above, the proposed retaining walls would have a slight visual impact on the right-of-way. While landscaping can soften the appearance of walls, the exposed side of the stacked-stone wall is the driveway and hence, not an area that could be landscaped.

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.

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.

Analysis: The proposed retaining walls present a perceptible but minor impact on the aesthetics and community character. Neither significantly reduces the greenbelt area or interferes with tree planting plans. Nor

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does either present any significant impacts to existing trees, and the stacked-stone wall would prevent erosion at the foot of an existing street tree.

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.

Analysis: As noted above, no mitigation for this project's visual impacts is apparent.

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

are included as Attachment A. Site photographs are included as

Attachment B. The Encroachment Permit application is included as

Attachment C. The site plan is included as Attachment D.

Environmental Determination:

Alternatives:

Fiscal Impact:

CEQA Guidel ines Section 15061 includes the general rule that CEQA

applies only to activities which have the potential fo r 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

the retention these walls nor their removal and restoration of the ROW

area would result in any potentia lly significant environmental impacts.

The City Council could determine that the request to authorize either or

both the retention of the existing stacked stone retaining wall or the new

staircase and associated retaining concrete wall should be denied, in

which case, the Council can direct staff accordingly, and staff will have

the applicant revise their request or have them redesign the project. At

any rate, staff anticipates getting sufficient direction from the City

Council to either proceed with any necessary adjustments to the project.

Should the City Council determine that either or both requested

encroachments should be approved, the City Administrator should be

authorized to sign the Hold Harmless Agreement, which would document

approval ofthe Encroachment Permit.

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

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Attachments:

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.

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

• Attachment B- Site Photographs

• Attachment C- Encroachment Permit Application

• Attachment D -Site Plan

Reviewed by:

City Administrator ~ City Attorney 00 Administrative Services D

Asst. City Admin. D Dir of CPB D1 Dir of Public Svcs D

Public Safety Dir D Library Dir D Other D

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ATTACHMENT A

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 compl ies 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.


ATTACHMENT A

Summary of ROW Standards

Policy Pl-43 of the Land Use Element of the 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-ofway.

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


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 ofthe 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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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 of time 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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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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Attachment B - Site Photographs

Tsern Project Site- Facing east on Camino Real

Tsern Project Site (stairs)- Facing southeast on Camino Real


~-.

-------Tsern Project Site (retaining wall)- Facing northeast on Camino Real


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

P.O. Drawer G Carmel. CA 93921

(831)620-2010 OFFICE/ (831J 620-2014 FAX

Encroachment Permit Application CJty Use OnJy Thl! Seetion

ATTACHMENT C

Date Rec'd.:~Fee: $250:0~~pt I~L\B.S By:_ {l. t Permit# £ }J -·~q -04

APPLICANT SECDOf( Complete items 1-6 In this section, and provide additional Jnformatfon and/or plans as required to describe the work proposed. SEQJN[) PAGE Of THIS FORM MUS[ BE 5/GNED

1. Exact Location: G-t )t?J r. ;.;p ).J f 4 L 4 /'J If o~ 4 0

Block: LL Lot(s): J ' Parcel#: 010 ·· Z i: l - D I <f

2. Legal Property Owner: E./,/( rl..,.; '.;' ,; i,'C 1 $c_ r"' tJ

Mailing Address: 7 !;!{ u f.:; l-~\ lc'r9l( Oty: Lo: /}t.,rot State: (... H Zip: 'i If > 2 2

Telephone I {.(2Q_) .·, '1 h - c· v J::; E·MaH: ----------

3. Contractor/Agent: /}7J n tl1tV.->r ·r.... ) c...tk:.mut G u.r, ut" .t~ ~ !2 t( li 6.-J

Malting Address: ?-o. ~~Q •.. i t:.co r

Telephone# c(;J.;j ) l U - fir C-<=

Oty: C..fl"- .. •lf"L. State: wL Zip: ' ~ I 2 J

E·Mall: /'r),f//d f-C.811Aet. 1)\1[q) j;.v., . <..'-H"

4. Date Work Is Scheduled to Begin: I I 1 tl Projected Completion Date: ~Itt_

s. Check the w!'09riat.: QE:pa11.1JWlt actton prgposed:

0 PUBUC WORKS DEPT.: Enaoachment/Sidewalk/CUrb-Gutter/Drlveway/Utllttles

0 FORES"iRY /BEACH: Tree removai/Prunlng{Landsc8plng

0 P!.ANNING/DUli.D!NG: Enaoachment

FULLY DESCIUBE ALL WORK PROPOSED: ·2ce .. y ,-r Pt:.tvto~t r 6tn) r;oJCJ ~ Tft r~

R.e\lleod: Nov. 2013


ATTACHMENT C

6. Applicant Acknowledgement I understand and agree to comply with all pertinent conditions, standards and requirements as specified by the carmel Munldpal COde, State, CQunty and Federal regulations pertaining to this permit application. I agree to properly maintain the subject work at no expense to the Oty and to indemnify the Gty 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 Clearty):.-'-t?.u11 ....... rCu....u.d...:..II";.:.:-'N~·--J)t.:;_ ________ _

/' ,-, ' 1/1 / ' I Signature : a ..... ,&t-v"'-'

Cf(Y UiE ONLY HLOW Action: Public Works: Approve/Disapprove Forestry/Beach: Approve/Disapprove

By: ______ Date:. __ By: ______ Oete:. __

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

sy: ____ oate:. __ ay: ______ .oate: __

Additional Requirements: (Orcle each) Labor-Performance Bond/Worket's Comp./UabUtty/ onveway Grade and Drainage Agreement/Hold Harmless Agreement

Comments/Conditions: __________ --------

City Clerk Approval:----------- Date: __ _

Hold Harmless/Insurance Flied: Yes 1 No Polley No.: Date: __ _

·-----------field Inspection Record

Inltllll Inspection By:----- Signature: ------- Date; _

Flnallospectlon By: Signature: ------ Date:

----------·------- ---------

AJVUoc!: Nov. 2013


ATIACHMENTC

INSTRUCTIONS TO THE A?PLJCANT

PERMIT FOR ENCROACHMENT IN THE PUBLIC RIGHT-OF-WJ.Y


An application for an encroach1nent in the public right-of-way includes ull of the following steps.

1. Encroachment and Work Pennit Applications

This is the first step in tho process of requesting th-: City's approval for an encroachment in the public right~of-way. The fonns arc to o~.. completed and returned, along with the encroachment application tee of $250, to the: Department of Community Plannintt & Building.

2. !iold Hannless Encroachment AgrccPJCEn.\

This document must be executed by the legal ownet'(s) of the property adj:1ceut to the public right-of-way upon which the "-ncmachmcnt io; planned to be installed. The names must be written dlld ~oignal as they appear in the offi~ial records of th~ City, i.e., "William r .. and Eli1.abcth W. Jones, not ''Bill and Liz Jones ... The applicant{R)' signatuN(s) must be notari?.ed.

Special attention should be paid to paragraph 3 of this Agreement and the insurance requirements set furth tht.>rein. lf the applicatiOJJ is upprovcd, WORK MAY NOT BEGIN until the Certificate.: of Insurance i!l on file with the City Clerk's Office.

TO THE AGENT PROVIDING INSUR..\NCfl COVERAGE ON THE ADDJTTONAI JN~UREO POI .ICY FORM

When required to supply Liability Insurance, either in the amount of $1,000,000 (commercial propertie8) OR $500,000 (residential properties), it is imp<..'rativc that tho additional in~urance coverage be in the form of an .. cndorsentcnt" using the following Janguag":

3. Notice Pursu.ant to Municipal Code § 12.08.11 0

"The City of Carmel-by-the-S~a, its e!cctfd offlci£1:~, offieeli·s, agents and employees are additionally insurP.d under the po!i~y/'

RECEIVED

FEB 0 7 2014 R~viNd: Nov. l013

City of carme1-t>y-the-Seo Planning & Building Dept.


ATIACHMENT C


INFORMATION REGARDING IMPROVEMENTS .TN THE PUBLIC RIGHT-OF-WAY

NAME: I; I ·: ; (. f t ,; 1 k f_N ___________ ----

MAILING ADDRESS: __ 7 '-.;....!{ '/_ _ D ~· .... , ~

TELBPHONE: (Duaineas): . __ . __ _ (Home or Cdl): 1 ':l .!...1,; Ou_l.. -,.~ (E-Mail Addn:as):. __ _

EXACT PHYSICAl LOCATION OF PROPOSED ENCROACHMI:NT(S): -- _._,.'J..!r'.v4J-J. ..1-!lJ.--.!!_J.f.{ .J..:' 'I :-J.. - -- - ----

BLOCX: _ £- /,_ . .. __ Lot(e):_ J) __ _ APN: r'j '? C: \ ~~ _ c I ',

TYPE OF f.NCROACHMEN1'(S): If lh<n is more: than one rcquin:d (t.g. fence and Mlcps). please list ~b sop.ntdy. Auach additional abcct(a) ifr~CCC~~J~~ary.

3., _ , __ _ _ _ -- ---.. - - ·- -

DIMENSION(S) OF ENCROAC:HMENT(S): (Attxh an ~ !fi' x l In t itll plan showior aU existing and propoec.d improvemcnla in the rigbt~f-way.)

2. _ --'~ ~.c!l_F. 'J'-( ..:... . ~u_ -~ -:. h ' . (q.~-; ____ .. -· --·

3.

TYPl:i OJ- MATJiRIAL TO B.E USBD FOR J::ACH BNCR.UACHMEN'l' RhQUESTFJJ:

2. _7c~ f, L _ )"l's.· ,~,: o._:...·~..u.1L,__._L~.-< .J P '.I f - ..__.,..___ -~~.1.:- ~-- - ·- - - ·-- - - --· -

3. ____ -----

Rniac.d: Nov. 2013


WHEN RECORDED, MAIL TO:

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

ATTACHMENT C

THISSPACEFORRECORDER'S USt-: ONLY --------------------------------------~----

.&OLD HARMLESS ENCRGACHMENT AGREEMENT

AGREEMENT made this ___ . day of __ . __ -J 20 __ , between the CITY OF CARMEI.,BY-TIIE-SEA, hereinafter called CITY, and

, hereinafter called OWNER, with rcft:rence to the following facts:

OWNER is in possession of and owns certain re-al property in CJ1Y known as Block _ L .b..__, Lot(s) _ I..L _, Assess11r's Pure,)! No. '-::. ! v _j.S -~ . :· 1 ___ ... _ Zoning District____, street location_ C,? t.l.~·":!:.·_;~_- I}J:._ .!:i.... : '.£ ._! _ !..• .t __ _ _

OWNER has requested from CITY pem1 ission to construct and maintain a !ltructural encroachment on CITY ~trcct or :iidcwalk area ndjace>nl !u or ncar the prupt.:rty, doscribt=d as tollows: _ j .:., n ;,. , ·· ~J..:.....C tl. !~: _ •·• . :: .'L!:.J-. . :_.,·.:! ..... -H.. • ...-~ : t __

------ --·-· ---·-- ------- -·- - ···--- -- ·-· -- ·- - --- ·- -- - .·

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

l. CITY grants pamission to OWNER to construct and maintain a structural c.ncroacbmeot on CITY street or sid"-walk area adjacent to or near OWNER'S property, as described above. Said permission js subject 1.0 thli. following conditions:

a. hxecution of the Hold HannJe:s,; Agreement and compliance with the provisions of paragraph 3 below.

b. ·--------- ______ .. ______ ---· ------ - ·---

2. OWNER, his successors and nssigns, agt·ees to name CITY an addition3.1 insured and co hold CITY hannloss 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.

Revis..d: Nov. 2013


ATTACHMENT C

3. OWNER, agrees to provid~ CITY and maintain a certificate ofinsuruncc from an insurance carrier acceptable to CITY ceJ1jfying that OWNER has public liability and property damage in!(ura.n~ with limits of not less thon $500,000 combined single limit for personal injury and/or property damage for prop~rty located in the R-lzorung 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 ovt:r any other valid or collectible insurance CITY may hav~.., insures owner's performance ofthis Hold Harmless Agreement and that the L'arrier 'hill notify CITY in the event of any material change in the policy, including the nonrenewal thereof. Said Certificate of Jnsurance must name ClTY, its elected officials, officers, agents and employc~'S as additional insured insofaJ as the insurance pertains to this encroachment. Owner further agrees to maintain said insurance as long as said ~n~1·oachment remain!> on en Y propeJty.

ln the event of cancellation or nonr<."llcwnl, the in~urance company will give thirty (30) days' written notice to CJTY. The Certificate must be signed by an authori7.ed t:mploycc of the insurance carrier und mailed to: City Clc.:rk, Cannel- by-the-Sea, P.O. Box CC, CamH~I-by-!h(.!·Scu, CA 93921.

4. CITY may (cnninate and revoke this Agreement at any time that It is detennined by the City Council to be in the bc,qt intcrL-sts of ( 'ity und necessary to promote the public ho..~.lth, safl·ty or welfare. Any cxponsc~;

caused to OWNER, his successors or aso;igns, by tcnnination ofthis Agreement shall be borne by OWN.F.R, h.is suc(X.o.ssor& or assigns.

5. The parties agree that this contract i~ tor the direct benefit of the land iu that it makes the property more usable and incr~ascs it.~ value, as such, a_b1fee that the covenants herein shall run with the land, and the parties agree that the covenants shall bind the o<~uccessors and assigns of OWNER.

CITY OF CARMEL-BY-THE~SEA:

By: Jason Stilwell, Cjty Administrator

ATTEST:

Heidi Bul'ch, City Clerk

Revi.cd: Nov. 2013


ATIACHMENTC

CALIFORNJA ALL-PURPOSE ACKNOWLEDGMENl

State of California

CoWlty of_ S~U\-~-On _o1{2-lt ~!Lt_ __ _ beforemc,rp..t\:NJ4tJ:f ~E~A--:t,~~~":f._Eo6G~ C

Ontt. II~; ,• hm'"1 Namt nod '11!1( of the OOit:eJ

Personally appeared£ L 'j__ T Se(J..N 1. -~:!_~I. T ~ f:.!'} _ . _ Namcts) v/ Swuezts)

-··----- ----------· -- -- -----------·--·--·-

Plaee NOUily Sal 1\bovc

wJw proved to me on the basis of satisfactory evidence ll> he the pcrson(s) whose nnmc(s)

r l<m; !;tJbs~ribcd to the within instrumcntllnu ncknowledged to me th11t ~lc/they executed the lllltnc in ~r/their authori:ted cnpncity(ics), and thai hy ~r/their

si!o\llalurc(s) on the in!ltnunent the person{s), m the entity \tpon hdl:llf of which the pcrsonts) uciUd. t.x~o.r:utcd lhc in'!trumcnt.

I cr.:riify under PhNALTY ( W PFRJUHY under tllll Jaws \)I tb~ State of CaliJorniu thai the f'omgoiug purngraphs is true and correct.

Witness my h;md nnd o!licial seal.

Signature. _ _ {J ~-f.-~' Slf)nnure utNQI<Jry 1'11blit·

RnisCII· NQII 20 13


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(E) TWO-STORY SINGLE FAMILY

RESIDENCE (1400 SQ. FT.)

(E)PAVER6

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ATTACHMENT C

RECEIVED

FEB 0 7 2014 City of Carmel-by-the-Sea Plonnlng I Building Dept.


REMAIN

(E)2.'PINE 1 TREE-TO

{N)WOOO CHIP PATIO

(N) 35 SO. FT. ADDITION

(E) TWO-STORY SINGLE FAMILY

RESIDENCE (1400 SQ. FT.)

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(E)SIMLL STONES-TO

(N) 8' CONC. OR CMU RETAINING WALL ~ SPECW..

tNSPECTJON REQ'O FOR All

STEEl REINFORCEMENT,

BYEHGtNEER PRtOR TO CONC.

2'..()" MIN.

POUR

SETBACK

Re.v~seA RECEIVED

FEB 2 5 2014 ~~~~· City of Carmel-by-the-$ 0

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Documents

Encroachment Permit EN 14-02 (Tsern) 07-01-14.pdf