CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

September 12, 2017

ORDERS OF BUSINESS

TO: Honorable Mayor and City Council Members

SUBMITTED Marc Wiener, Community Planning and Building Director

BY:

Consideration of a Temporary Encroachment Permit (EN 17-75) and parking fee

SUBJECT: reduction associated with a construction project located at the southwest corner of
Dolores Street and Fifth Avenue.

RECOMMENDATION:
1. Approve the Temporary Encroachment Permit (EN 17-75) subject to the attached conditions.

BACKGROUND/SUMMARY:
PROJECT DESCRIPTION:

The project site is located at the southwest corner of Dolores Street and 5th Avenue in the
Service Commercial (SC) Zoning District. The lot is currently developed with a two-story
commercial building that includes retail on the lower level and office spaces on the upper level. In
July 2016, the Planning Commission approved a permit for the demolition of the existing building
and construction a new two-story mixed-use building. The new building has a contemporary-style
design and includes a green roof, interior courtyard and a 13-space underground parking garage.
The project includes City right-of-way (ROW) improvements such as the installation of new earth-
toned pavers on the sidewalk and the planting of two new cypress trees and one new oak tree in
the City ROW.

Construction has commenced and the applicant is requesting an 18-month temporary

encroachment (EN 17-75) to use the City ROW for material storage and project staging. The
proposed encroachment would include the installation of a security fence located at the outer
edge of the parking stalls around the property (Attachment 2). Staff has approved a 23-day
temporary encroachment that expires on September 12, 2017. In accordance with City Municipal
Code (CMC) section 12.08.060, staff has referred this application to the City Council given the
long duration of the requested encroachment. Staff is also seeking a decision from the City
Council on the parking stall fees. The Citys fee schedule charges a fee of $31 per day to rent
individual parking stalls in association with construction projects. The fee goes into the Parking In-
lieu Reserve Fund, which is used for creating public parking in or near the business district. In this
case, the parking fee would be approximately $101,742 (547 days x $186 daily fee) to rent the six
spaces for 18 months. The applicant is requesting a 50-75% reduction in parking fees.
STAFF ANALYSIS:

Temporary Encroachment: City Municipal Code (CMC 12.12.010) allows for the storage of
construction materials and supplies in the City ROW to the extent made reasonably necessary by
projects. In staffs opinion, a temporary encroachment permit is warranted in this case. The
footprint of the new building and

the subgrade garage, both of which are built to the front property lines, make it difficult to store and
stage materials entirely on private property. As an alternative, the applicant could be required to
reduce the footprint of the encroachment by shifting more of the storage and staging onto private
property. However, this could create a significant challenge for the applicant and would likely
extend the time it takes to complete the project, as the applicant would likely have to phase the
construction in order to work around the storage and staging areas.

Parking Fees: The Citys adopted fee schedule charges a fee of $31 per day for use of parking
stalls and the total fee would be approximately $101,742 for the requested 18-month period. The
applicant is requesting a fee waiver of 50-75%. Because staff does not have the authority to
waive fees, this request has been referred to the City Council. It is important to note that the
parking fee is typically charged to contractors using the spaces to park vehicles. In this case, the
parking spaces will primarily be used as part of the construction footprint and not for parking.

The City has a one-time application fee of $145 for temporary encroachment permits, but does
not have a daily impact fee. The daily parking fee is a sufficient mechanism for the collection of
impact fees, but the Council should consider whether the rate of the parking stall fee should apply
to a situation in which the construction footprint extends onto City property. If the Council
determines that the daily parking fee is primarily intended to apply to the parking of vehicles and
not construction staging, then it could consider reducing the parking fee as requested by the
applicant. If the Council determines that the daily fee is intended to apply to general use of a
parking stall, including construction footprints, then the full fees should be charged.

ENVIRONMENTAL REVIEW:

The proposed project is categorically exempt from CEQA requirements, pursuant to Section
15332 (Class 32) In-Fill Developments. The project proposed to replace a 10,967-square foot
building with a new 11,860-square foot mixed-use building with a similar height and footprint as the
original building. The proposed changes do not present any unusual circumstances that would
result in a potentially significant environmental impact.
FISCAL IMPACT:
The parking stall fee is approximately $101,742 for the 18-month period.
PRIOR CITY COUNCIL ACTION:
N/A.
Attachments:

Applicant Request
Encroachment Conditions
Encroachment Plans
Building Elevations
 Attachment 1
Attachment 1 Applicant Request

Marc,

As you re well aware of the Del Dono Court mixed use project has major impacts to surrounding businesses
and pedestrians in the downtown commercial district and the efforts we have presented for public safety and
public right of way have been discussed thoroughly with you, the Chief of Police Officer Tomassini, Building
Official Dick Bowers, Public Works Superintendent Rob Culver and the City Forester Mike Branson. The past
communication and meetings have been very beneficial and informative to what our requirements will be to
ensure the safety and security of pedestrians and vehicle traffic. along the streets adjacent to the project. The
scope of the encroachment of the city right of way has been planned for carefully and thoughtfully by Landset
Engineers and it will include the temporary use of 6 parking spaces; 3 on the northern end of the project on 5th
Avenue and 3 on the eastern side of the project at Dolores Street. Our encroachment of the parking areas will
allow us during construction to safely stage equipment necessary to erect the structure and will also create a
safe buffer to traffic and public right of ways to off haul materials for demolition of the existing structure. The
need of the space will also be used for delivery of construction materials and when required the space will be
needed for construction crews to properly erect scaffolding to reach the third story of the new construction
safely. Our scope of work in the right of way should last approximately 15-18 months depending weather and
other factors beyond our control.

I have been apart of 5 downtown projects that have required an encroachment permit and have also needed to
take up the temporary use of parking spaces over a long period of time and historically the city has offered the
property owners a major discount of 50-75% of the total impact fees from the usual $31.00 per day rates, one
of the main reasons for the discount was the length of time that was considered versus the shorter use of time
required by special events and or by one day operations that may needed the space for other reasons. I
believe that this project should also have the same historic opportunities considering the amount of funding that
will also be paid by the property owners for other fees related to the cost of permits. I hope the consideration of
the request is met favorably since this is a special project and the end result of this project will be a major
improvement to this side of the commercial district.

Sincerely,

Daniel Silverie
Stillwater Construction, Inc.
PO Box 223103 Carmel, CA 93922
CSLB #927167
1(831) 402.7985 cell
daniel@stillwater-inc.com
 Attachment 2
Attachment 2 Conditions of Approval

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

EN 17-75
Leidig-Draper
Northwest corner of Dolores Street and 5th Ave
Block: 55, Lots: 1 & 3
APN: 010-138-021

PROJECT DESCRIPTION:
Consideration of a Temporary Encroachment Permit (EN 17-75) associated with a construction
project located at the southwest corner of Dolores Street and Fifth Avenue.

ENCROACHMENT PERMIT CONDITIONS:

1. Authorization: This Encroachment Permit (EN 17-75) approval authorizes use of the
City right-of-way as depicted on the September 12, 2017 approved plan set. The permit
is valid for 18 months from the date of City Council approval.

2. Any revisions to the plans shall require authorization from the Community Planning and
Building Director and Public Works Director.

3. Prior to final building inspection the applicant/property owner shall improve the City
right-of-way as specified in the Design Review (DR 16-032) Permit. Improvements shall
include the installation of new pavers on the sidewalk around the property and planting
of two new cypress trees and one new oak tree in the City right-of-way.

4. The applicant agrees, at its sole expense, to defend, indemnify, 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 includes 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 applicant 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.
EN 17-75 (Leidig-Draper)
September 12, 2017 Attachment 2
Conditions of Approval
Page 2

*Acknowledgement and acceptance of conditions of approval.

_____________________ _________________ ___________

Applicant Signature Printed Name Date

______________________ _________________ ___________

Property Owner Signature Printed Name Date
 BMP LEGEND:
1

Attachment 3
5

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RECYCLE
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11

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6
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S LANDS
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LEGEND:
DEMOLITION NOTES:

DEMOLITION SEQUENCE NOTES:

EROSION & SEDIMENT CONTROL NOTES:

"DEMOLITION, EROSION CONTROL & BMP PLAN"

DEL DONO COURT

3

SW CORNER OF DOLORES ST. AND 5Th AVE.

A.P.N.: 010-138-021
CARMEL BY THE SEA, CALIFORNIA
FOR
C1

LEIDIG/DRAPER PROPERTIES
 Attachment 3
FENCING (ESA) DETAIL

"DEMOLITION, EROSION CONTROL & BMP DETAILS"

DEL DONO COURT

3

SW CORNER OF DOLORES ST. AND 5Th AVE.

A.P.N.: 010-138-021
CARMEL BY THE SEA, CALIFORNIA
FOR
C2

LEIDIG/DRAPER PROPERTIES
 5th. Ave.

SITE

Dolores St.
Lincoln St.
CARMEL
BY THE SEA

SITE

6th. Ave.

C GOOGLE IMAGE OF PARKING AREA B NEIGHBORHOOD TRUCK ROUTING PLAN

1 Scale: Not to Scale 1 Scale: Not to Scale

A CONSTRUCTION STAGING PLAN

SW CORNER OF DOLORES ST. AND 5Th AVE.

1 Scale: 1"=16'

"CONSTRUCTION MANAGEMENT PLAN"

DEL DONO COURT

Attachment 3
SITE GRADING:
THE PROPOSED GRADING INCLUDES APPROXIMATELY 110 CY OF CUT.

CARMEL BY THE SEA, CALIFORNIA

CONSTRUCTION STAGING:
A. MOBILIZE, CLEAR AND GRUB. DEMOLITION

A.P.N.: 010-138-021

LEIDIG/DRAPER PROPERTIES
B. SITE GRADING

C. UTILITY INSTALLATION

D. CONSTRUCT STRUCTURE

E. INSTALL PAVERS AND LANDSCAPING

F. SITE CLEANING, PUNCH LIST

FOR
CONSTRUCTION EQUIPMENT AND MATERIALS SHALL BE NOT BE STAGED ON 5TH TRUCK TRIP GENERATION CHART:
AVENUE AT ANY TIME DURING CONSTRUCTION. MATERIAL DELIVERIES SHALL BE
SCHEDULED SUCH THAT THEY ARE USED PROMPTLY, AND MATERIAL STORAGE IS
MINIMIZED. ALL CONSTRUCTION EQUIPMENT AND MATERIALS SHALL BE STORED IN
A DESIGNATED AREA ON THE SUBJECT PROPERTY. SEE CIVIL PLANS FOR EROSION
CONTROL AND DEMOLITION.

HAUL ROUTES:
HAUL TRUCKS SHALL EXIT THE SITE FROM 5TH AVENUE. HAUL TRUCKS WILL EXIT THE SITE,
TURNING SOUTH ON DOLORES STREET THEN EAST ONTO 6TH AVENUE THEN SOUTH ONTO
SAN CARLOS STREET. REFERENCE NEIGHBORHOOD TRUCK ROUTING PLAN, DETAIL B, THIS
SHEET).FLAGGERS SHALL BE STATIONED ON 5TH AVENUE AND DOLORES STREET AS
TRUCKS BACK FROM THE
PUBLIC RIGHT OF WAY ONTO THE SITE.
CONTRACTOR TO ENSURE THAT HEIGHT
RESTRICTIONS WITHIN THE EASEMENT/DRIVEWAY AREA SHALL BE ADDRESSED BEFORE
CONSTRUCTION VEHICLES ENTER THE SITE. SEE DETAILS B AND D, TRUCK ROUTING PLANS.

TRUCK STAGING AREA:

VEHICLES OR TRUCKS SHALL NOT QUEUE ON SITE. TRUCKS SHALL QUEUE ON RIO ROAD
(SEE DETAIL B, THIS SHEET), AND WILL BE DIRECTED TO APPROACH THE SITE BY ONSITE
PERSONNEL VIA RADIO OR PHONE. TRUCK TRIP GENERATION NOTES:

EMPLOYEE PARKING: 1. TRUCK TRIPS FOR THE GRADING/SOIL REMOVAL IS BASED UPON 8
EMPLOYEES SHALL PARK ON-SITE WHENEVER POSSIBLE. EMPLOYEES SHALL USE PUBLIC CUBIC YARDS PER TRUCKLOAD WITH AN AVERAGE OF 5 TRUCK LOADS
PARKING ALONG 5TH AVENUE AS NECESSARY, OBEYING ALL PARKING LAWS. EMPLOYEES PER DAY.
SHALL CARPOOL WHENEVER POSSIBLE. SEE DETAIL C. PARKING IS PROHIBITED IN ALL 2. THERE ARE APPROXIMATELY 110 CUBIC YARDS OF SURPLUS SOIL
NATURAL AREAS WHICH ARE NOT CURRENTLY PAVED OR GRAVEL. MATERIAL THAT WILL BE EXPORTED FROM THE SITE.
3. GRADING OPERATIONS SHALL TAKE APPROXIMATELY 7 WORKING DAYS
LIMITS OF CONSTRUCTION:
ALL CONSTRUCTION SHALL TAKE PLACE WITHIN THE BORDER TO COMPLETE.
AS SHOWN. EXISTING CYPRESS, PINE, AND OAK TREES LOCATED WITHIN THE LIMITS 4. THE AMOUNT OF GRADING PER DAY WILL VARY, THE AVERAGE BETWEEN
SHOWN SHALL BE SURROUNDED BY ORANGE PROTECTIVE FENCING (SEE DETAIL, SHT 1). 40 & 50 CUBIC YARDS.
HOURS OF OPERATION/DAY:
8
NUMBER OF EMPLOYEES ONSITE PER DAY:
APPROXIMATELY 2-5 DAYS OF OPERATION: MONDAY THRU FRIDAY
TIME OF OPERATION: 8:00 A.M. - 4:30 P.M.
NUMBER OF TRUCK TRIPS/DAY:
5
PROJECT SCHEDULING:
PROJECTED START DATE IS 1 SEPTEMBER 2017.
AMOUNT OF GRADING/DAY:
40 C.Y. TOTAL PROJECT DURATION IS APPROXIMATELY 12 MONTHS.
HOURS OF OPERATION/DAY:
WORK SHALL OCCUR MONDAY THROUGH FRIDAY. HOURS OF
OPERATION SHALL BE 7AM TO 5PM. NO WORK SHALL OCCUR ON SATURDAYS OR SUNDAYS.

PROJECT SCHEDULING:PROJECTED START DATE 17 JULY 2017. TOTAL PROJECT DURATION

IS APPROXIMATELY 12 MONTHS.

D OVERALL TRUCK ROUTING PLAN C3

1 Scale: Not to Scale 3
Attachment 4