53

City Council
Agenda Item Summary
Meeting Date: 2 July 2013
Prepared by: Marc Wiener, Senior Planner
Name: Consideration of an encroachment permit application for the installation of stairs in the
public right-of-way on Eighth Avenue two northeast of Junipero Street. The applicant is
Kristin Minnich.
Description: In December 2012 City staff identified that the property owner at the subject
location had installed stone steps in the public right-of-way without a permit. The
property owner has applied for an encroachment permit to receive permission for the
steps.
Overall Cost:
City Funds: N/A
Staff Recommendation: Approve the application.
Important Considerations: CMC Section 12.08 outlines the City's process for reviewing
encroachment applications. An encroachment is defined as "any excavation, structure or object,
temporary or permanent, upon, over or under any City property or public right-of-way, except
driveways. "
Decision Record: N/A
Attachments:
Attachment "A" - Staff Report
Attachment "B"- Photos/Plans
Attachment "C" - Right-of-Way Vision Statement
Reviewed by:
Jason Stia.;i Administrator Date
I ~
54
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR BURNETT AND COUNCIL MEMBERS
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
FROM: MARC WIENER, SENIOR PLANNER
DATE: 2 JULY 2013
SUBJECT: CONSIDERATION OF AN ENCROACHMENT PERMIT
APPLICATION FOR THE INSTALLATION OF STAIRS IN THE
PUBLIC RIGHT-OF-WAY ON EIGHTH A VENUE TWO NORTHEAST
OF JUNIPERO STREET. THE APPLICANT IS KRISTIN MINNICH.
BACKGROUND AND PROJECT DESCRIPTION
The project site is located on Eighth Avenue two northeast of Junipero Street. In
December 2012 City staff identified that the property owner at the subject location had
installed stone steps in the public right-of-way without a permit. The property owner has
applied for an encroachment permit to receive permission for the steps. The subject
property is located approximately four feet above street grade.
Prior to installing the steps access to the property was provided by the driveway on the
east side of the property. The rear of the house faces east and the front door is on the
west elevation. The homeowner and guests would often enter the house through the rear
bedroom. The property owner would like to retain the steps in the right-of-way because
it provides better access to the front of the residence.
The City encourages property owners to use decomposed granite or mulch when creating
a pathway to provide access to properties. These materials do not require an
encroachment permit and blend with the natural setting of the right-of-way. Stepping
stones and paving material are discouraged and require an encroachment permit.
However, because this property is sloped up from the street steps are preferable over
loose materials like decomposed granite or mulch. Staff notes that the applicant is
proposing a mulch walkway from the driveway to the steps, which is permitted and does
not require an encroachment permit.
55
Minnich Encroachment
Staff Report
2 July 2013
Page2
EVALUATION
Encroachment Permit: CMC Section 12.08.030 requires an encroachment permit for
all encroachments into the public right-of-way. Encroachment permits can be either
acted upon by the City Administrator or forwarded to the Council for review. The City
Administrator has forwarded this application to the Council for review.
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.
Response: The applicant has provided a justifiable need for the steps. While steps are
not required, they do provide better access to the property and the residence. The
proposed steps 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.
Response: The proposed steps do not create a significant hazard to pedestrians or
vehicles. 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.
Response: The proposed encroachment will not significantly impact the normal drainage
of surface water.
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.
56
Minnich Encroachment
Staff Report
2 July 2013
Page 3
Response: The proposed steps will not interfere with traffic or parking. Staff notes that
the right-of-way at the front of the property is a no-parking zone.
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.
Response: The proposed encroachment will not diminish the public use of the right-of-
way. The right-of-way where the stairs are located slopes up from the street and is not
used as a walking path. The applicant is in fact proposing a mulch pathway that should
improve pedestrian traffic along this portion of the street.
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.
Response: The proposed encroachment has a minimal impact on the appearance and use
of the right-of-way. Goal G 1-2 of the General Plan encourages preserving the village
character. This is a consistent theme throughout the General Plan. The Council should
consider whether the proposed encroachments conflict with this goal.
2. The encroachment shall not create, extend, or be reasonably likely to lead to an
undesirable land use precedent.
Response: The City typically discourages hardscape materials in the right-of-way.
However, a common exception is when stairs are needed to provide access on a sloped
lot, which can be seen on other properties throughout the City. Depending on the degree
of the slope, stairs are required for reasonable access and safety. The proposed
encroachment permit will not lead to an undesirable precedent.
3. Granting of a permit shall not adversely affect the usability or enjoyment of one
or more adjoining parcels.
Response: The proposed encroachment pennit will not adversely affect the usability of
adjoining parcels.
57
Minnich Encroachment
Staff Report
2 July 2013
Page4
4. The proposed encroachment and its mitigation shall be compatible with the
surrounding area and adjoining properties.
Response: The proposed stairs have a minimal impact on the right-of-way. The Council
could direct the applicant to vegetate the right-of-way as a mitigation. However, staff has
not provided this as a condition because the right-of-way around the stairs appears natural
and undeveloped as encouraged by City Guidelines.
Summary: Over the past year the City has made a conscious effort to reduce and
eliminate encroachments in the public right-of-way which is encompassed by the right-
of-way Vision Statement (See Attachment "C"). Items like boulders, retaining walls
gravel and paved surfaces should continue to be discouraged and prohibited in most
cases. However, in some circumstances granting an encroachment permit is warranted
when there is a justifiable need.
This particular project meets the findings of having a justifiable need for the
encroachment without having a negative impact on the public right-of-way as outlined in
the section above. For these reasons staff supports the encroachment application.
RECOMMENDATION
Approve the encroachment application with the attached special conditions.
SPECIAL CONDITIONS
1. The applicant shall complete the encroachment application process by obtaining
insurance and signing a Hold Harmless Agreement.
2. The applicant shall apply for a building permit for the new stairs.
58
Attachment "B" Photos and Plans
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Attachment "C"
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.