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 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
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 with CMC Section 17.34.070.8.4, which 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 establi shes 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 retent ion of the
stone pathway steps. A DG pathway would be a suitable alternative and
would be more consi stent 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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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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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 consi stent 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 right-
of-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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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 removal 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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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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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 rights-
of-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 drought-
tolerant 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 rights-
of-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 tiTREET, &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
in the attached photograph. The home is located on the northwest corner of Camino Real and 12
1

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,
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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: #: 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 -
""J
Mailing Address: /3SO .:5v1Y'ffh}A;l?d City: t9 If- .e.. State: Zip: 9 tJ
Telephone# (Sto ) .. 30q'2- E-Mail: @-&6t:.8/o61Ji.l}(ef
3. Contractor/Agent: (Y),lf[ Hli / C.lf.l ZI ... ,; '- )S :.a c.IJr:,.; : D t: >. 'L G ,-.J
Mailing Address: f. o i3o '\( 2-; ot
Telephone# ( 8 ) (,l (:. - [; &.o'
City: UJ2..is, CL State: Zip: J '3 <1 i
E-Mail: Mgt+k C.C.t ,""ei .. 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/CurbGutter/Driveway/Utilities
0 FORESTRY /BEACH: Tree removal/Pruning/Landscaping
Encroachment
FULLY DESCRIBE ALL WORK PROPOSED: ve- L-AR..A1t'l .. 'I
J
trc.-. IZ t'&. to t/<):11.,.. J"t' r/.., -r- ta .. , ex. stc)
S:\PianBidg\fonns\applications\ Encroachment application.doc
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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
/(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: __
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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 /1#1-/JoAIY
7
MAIUNGADDRESS: /3SlJ Y /!A-.
I
TELEPHONE: (Business): WtJ.) 0 (Home or Cell): & ... t g 'i>39-3 #2-
(E-Mail Address):. ____________ _
EXACT PHYSICAL LOCATION OF fROPOSBD ENCROACHMEN)'(S): .

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 ) er
2. Ou '-r 38
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. 4 {0
3. _ ___________ --------------------
TYPE OF MATERIAL TO BE USED FOR EACH ENCROACHMENT REQUESTED:
1. C....gr.,'h/Z'/. 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 . , 20 i3, between the
CITY OF CARMEL-BY-THE-SEA, hereinafter called CITY, and
'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{) CJ" C /V a/
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/ -:7 /Je flJtid I Jc
t>uJ!.)
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):
~ ~
~ U M ~
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 tv\ /l.-rt:t.AG lA) s
Here Insert Name and Title of the Officer
Personally appeared S\ E:v (;. N t\ .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}
Existin9 Residence
E:.:isti11\) C<1rmel SlDne
tl) Rem,,hl
Pel)din9 Encr<:o,)(hment
Permit Approv,,l
12.th Street
Proptty 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


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 .
Michael B. Maobette
Arthur J . GaUagher a C.
1 .. ., .. ,. 925-2.98-5222 9252tt-Ol28
Xn.urance Brokera of ca1ifornia, Xno. Lioenae 10726293
3697 Nt. Diablo Blvd., SIJ!te 300 Mike Haohet:tet:ta-io. oom.
CA 94549
IHSUREili!IIMFORDIItO COVm.t.OI! HAlO I
IHSUREIU: BNCOMPASS lKB CO 10358
INSUIIEO
INSURERS!
Steven R Buan 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.

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, oJo
COM\IERCIAI. OE:NEMUJAiliLITY s
r-
oct.AIMS-MAOE MEDEXPIAnVOM-)
x
s
Peronal Liability
PER80NAL &IDV INJI.R'!Y $
r-
r-
GENERAL AGGREGATE s

PROOUCT8- CONI'XJP AOO $
POLICY LOC
$
AUJOMOI!II.I! LIAI!IUTY

Is
-
NiYAI.JTO
r-- sQ1EOULB)
IIOOtL Y INJURY (Per pe..ao)

1-
AU.OWNEO
1-
AUTOS
f--
AUTOlt
BOOILY INAIRY (Per ocx:kltnQ $
NONCMIED
.
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

.....
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 $
E.l. OISE'ASE pQJCV LIW I s
RFCEl\lED
DESCRII'IlOH OF OPEM.TIOHS1LOCAllONS1VfHICI.ES ACORD fOf. Addllfonol Schedule, If mooe ipllcela reqllh<O
Property location_a mt" Corner 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 rhe City of Carael-by the-Saa, ita elaoted offioiala, of!ioen,
Ctty of CarmelbY-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
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'.AaMELftTH6UA. CA tJ92t
(131} 620-2010 OFFICE
(151) 620.2014 PAX
Subject: DS 13-123 (Anthony)
Northwest Comer Camino R.cal and 12
111
Avc:DUC
BlkR; Lots 17, 19 APN:
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) 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 right-
of-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
21 '/.0'4
f
COrt'f't9\-by-thG$e<J
CH"f
0
oapt
Planning & Bu\ldlng
January 21,2014
Here is the revised planning submittal for the Anthony residence. I think that we've
corrected everything that you needed for this.
There were two areas of sidewalk that encroach on the city property. The one on the
Camino Real side of the property we noted to be removed. The one on the 12th street side
we have applied for a permanent encroachment permit for. We noted on the plans that
the permit application has been submitted and must be resolved prior to issuance of a
final on this project. It's a small area of cannel stones and will be easy to remove if the
encroachment permit is not granted. I don't think that this should hold up our planning
and building permits and frankly I really need to get this project started. If there is any
issue with this please let me know so I can discuss it with you or Rob.
We also revised our site calculations. If you need any further information on that let me
know and I can go through all of our calculations with you.
Please either call me or e-mail me at if you have any
questions so that we can get this all resolved as fast as possible.
Thank you,
Matt Hanner
Fine Custom Homes
CARMEL BUILDING & DES'GN I P. 0. Box 2201 I Carmel, CA 93921 I TEL 831-626-8606 I FAX 831-626-8607 I www.carmelbulldlng.com I License #786482
July 1, 2014 Council Meeting Packet Page 194
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CXlOE. If, DUlliNG'THECONSTRUCllON TllEOONTRACTOR ANDSSTIIUCTUAI.
CONDmONSPlffRfNT1HAifl1l051 ON 'THE DAAWIHG, 'THE COHTIIACTOR
SKAI.I. NOllFY'THE DESIBN(R WORE I'IIOC!EDINGAM'I'I.IR'THER. ANY
UNUSUALSITE CONDITIONSSIWJ. BE IIROUCIKTTOTHEAmNnON Of 'THE
DSIBNRPRIOR TO FURTHER WOIIk.
2. CONTRACTORSHALL OBTAINALL REQUIREDPERMIT$PIIIOII TOSTAIITOf WORK,
3 .. M COHTRACTOII SHAU. BE SOI.VIIESI'OHAILE 1'011 THEIIIIACIHGAHO
SHORING. THECXINTRACTOII SHALL NaTSTOllE CXlHS'111Ut'llON MATRIAI.IN
MAHHIIITHATSUCH THATTHEDESIGH OFTHESTUIICTUIIEAIIE
EXCEDE0(16pofOHntE ROOF, 40 polafj THER.OOII)
4. THECONTRACTOR SKAI.I. aESOI.VIIDPONAJli fOil 108 SITESAFTEYAHOSHAll
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SHOWBI/Tt.IB AREA '1"0 IE FOil WET LOCAllQNS.
PUJMIING JltOWBI STAWAll! RIQUIII!D'1"0 HAVEAMINiMUMCUAIIlltleHOI.DOI'!HINGOf 22" ANDTHr f\.0011 AlllA MUST IE A
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N.W. tam at 11"' l tam Ina 111
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IOTCOYUIA&E
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lulldqType:
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at t'.CII\JiniC:ti: Wood Fnllnlrw
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lntatlor-1&1
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remodi!V........,ftpn Bathroom 13,
relaaollt 2011wn.r h..ter, edd closet liD
Sltlll'lllloc>m, additionliD lied"""" 11"'""
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