CITY COUNCIL: Encroachment Permit Application for Construction of Driveway at end of Lopez Avenue and Review of Geotechnical Report for Second Avenue

Meeting Date: 3 August 2010
Prepared by: Marc Wiener, Assistant Planner

City Council
Agenda Item Summary

Name: Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue located in the Single Family Residential (R-1) district and review of a geotechnical report for Second Avenue.

Description: The applicant is requesting permission to construct a driveway in the public right-of-way at the end of Lopez Avenue. A geotechnical report was prepared at the request of the City Council to determine the feasibility of re-opening Second Avenue.

Recommendation: Review the information and determine if Second Avenue should be re-opened.

Important Considerations: 1) Current vehicle access to the subject property is provided by a dirt driveway on Second Avenue. As developed, this driveway does not provide adequate vehicle access to the property. The applicant is proposing to construct a driveway at the end of Lopez Avenue to provide vehicle access to the property. 2) The geotechnical study indicates that the closed portion of Second Avenue is unstable, with
an estimated cost of $300,000 to $500,000 to repair. The geotechnical engineer has indicated that a larger section of Second Avenue also may be unstable.

Decision Record: The Planning Commission reviewed this project on 14 July 2010 and unanimously recommended that the City Council approve a driveway at the end of Lopez Avenue, on the east side of the street.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: MARC WIENER, ASSOCIATE PLANNER
DATE: 3 AUGUST 2010
SUBJECT: CONSIDERATION OF AN ENCROACHMENT PERMIT APPLICATION FOR THE CONSTRUCTION OF A DRIVEWAY AT THE END OF LOPEZ AVENUE AND REVIEW OF A GEOTECHNICAL REPORT FOR SECOND AVENUE

BACKGROUND/PROJECT DESCRIPTION:
The subject property is a 7,908-square-foot parcel of land located at the southeast corner of the Lopez and Second Avenues, across the street from Pescadero Canyon. The lot is developed with a one-story home along the hillside. Vehicle access to the property is limited due to the slope of the driveway and condition of Second Avenue.

In July 2009, the applicant submitted a Design Study application to construct a driveway at the end of Lopez Avenue. The driveway would provide vehicle access near the southwest corner of the property, as opposed to the north end off of Second Avenue. The Design Review Board reviewed the proposal and forwarded it to the City Council for a final decision. The DRB recommended that the City Council approve the driveway with special conditions.

At its 1 September 2009 meeting, the City Council reviewed the proposal and requested the following additional information before making a decision:
• That the proposed driveway be staked with story poles.
• That the City Forester re-evaluate the two significant trees on Second Avenue which prohibit paving or grading of the existing dirt driveway.
• That the City Engineer review the proposal for a driveway at the end of Lopez Avenue.
• Provide information on public utilities within the vicinity.
• Provide a plan for the proposed new residence.

At its September 1 hearing, the City Council also expressed an interest in re-opening Second Avenue as a potential solution to the driveway situation. The ability to approach the driveway from a westbound direction would significantly improve the use of the existing driveway.

Questions were also raised about the necessity of Second Avenue as an emergency access road. The portion of Second Avenue that is closed is approximately 200 feet long and is located on the hillside between North Casanova Street and Lopez Avenue. The road was closed as a result of distress following heavy storms in 1998.

On 9 October 2009, the Council commissioned a geotechnical study to investigate reopening Second Avenue. The geotechnical report provides an evaluation of the hillside stability and recommendations regarding the re-opening of Second Avenue.

Since the September 1 Council hearing, more information has been obtained and the applicant is now proposing a second option for placing a driveway at the end of Lopez Avenue. On 14 July 2010, this project was reviewed by the Planning Commission to review new information and evaluate the new driveway proposal. The Planning Commission has reviewed the proposal and made recommendations to the City Council, which are summarized at the end of this staff report.

EVALUATION:
The purpose of this hearing to is to 1) review the geotechnical report; and 2) evaluate all options of providing a functional driveway to the subject property, including the possibility of re-opening Second Avenue. Staff will begin by providing a summary of the geotechnical report and issues related to re-opening Second Avenue.

Second Avenue Geotechnical Report: Subsurface conditions were explored by drilling a total of seven exploratory borings to depths of up to 21.5 feet. Soil samples were analyzed to evaluate stability. The analysis indicates that the subject road is both statically and seismically unstable. The road will continue to fail over time and will incur additional distress as a result of seismic events. In order to re-open the road to traffic, the engineer recommends that a retaining wall be constructed to support the outboard edge of the road. The estimated cost is between $300,000 and $500,000.

Emergency Access: The geotechnical engineer has indicated that the subject road has the stability to support the weight of emergency vehicles in the case of an emergency. Staff met with members of the Carmel Fire Department to discuss the use of Second Avenue as an emergency access road. The Fire Department likely would use Second Avenue as a secondary option in the event of a structure fire. The Fire Department would also use Second Avenue in the case of a vegetation fire or rescue operation.

Public Input for Second Avenue: A Carmel resident submitted a letter in opposition to the re-opening of Second Avenue. The resident is concerned that re-opening Second Avenue will adversely impact the character of the neighborhood by increasing traffic and noise. The letter also raises concerns about pedestrian safety since Second Avenue is currently used as a pedestrian pathway. A petition was submitted with numerous signatures from Carmel residents who have read the letter and are opposed to re-opening Second Avenue. A copy of the letter and petition are included for Council review.

Encroachment Permit: Encroachment permits are required any time a private property owner proposes to construct improvements in the City’s public right-of-way. Minor encroachment permits can be approved at the staff level by the City Administrator. More significant encroachment permits typically are forwarded for City Council review.

Options for the Driveway: Staff will present four options to the City Council referenced as options A, B, C and D. Option “A” is the original proposal, which places the driveway on the west side of Lopez Avenue. Option “B” is a new proposal, which places the driveway on the east side of Lopez Avenue. Staff will also present an option of paving the existing driveway without re-opening Second Avenue (Option “C”) and the option of re-opening Second Avenue to improve the use of the existing driveway (Option “D”).

The City Council requested that plans be provided for the development of a new residence on the subject property. The applicant, however, is seeking a driveway for this property in its current state, and there is no guarantee that a new residence will be developed in the near future. For that reason, no plans have been provided.

Option “A” Driveway on West Side of Lopez Avenue: Option “A” is the original proposal, as reviewed by the Design Review Board and City Council. The proposed driveway is located on the west side of Lopez Avenue and covers an area of 531 square feet in the public right-of-way. The driveway is 57 feet long with an outer wall that is approximately five to six feet tall. The slope of the driveway is approximately 15%. The applicant is also proposing a five-foot-wide walkway on the east side of Lopez Avenue.

The driveway will require the removal of four trees in the public right-of-way and will encroach into the six-foot setback of two trees. A bridged footing would be provided to minimize the impact on the two trees. One non-significant tree would also be removed from the property. The City Forester has reviewed this proposal and given consent with the condition that new trees be planted and that the area around the driveway be landscaped.

Option “B” Driveway on East Side of Lopez Avenue: Option “B” places the driveway on the east side of Lopez Avenue and covers an area of approximately 404 square feet in the public right-of-way. The proposed driveway is 28 feet long with an outer wall that is eight to nine feet tall. The driveway has a slope of approximately 12-13% and also serves as a walkway. The proposed driveway requires the removal of three non-significant trees located on the property. No trees would be removed from the public right-of way.

City Engineer’s Review: The City Engineer has reviewed both proposals and made the following recommendations:
• Both a soils report and engineering study should be required for both proposals.
• Evaluate drainage and provide erosion control measures to handle the drainage from the street.
• Verify that the turning radius is sufficient for larger vehicles.
• Recommends that a guard rail be installed at the outer radius of the turn
Public Utilities: There is a water main that runs under the area of the proposed driveway. Should a driveway be approved at this location, the applicant and staff will need to work with Cal-Am Water on this issue. It is the applicant’s responsibility to pay for re-routing the water main if needed. Gas, sewer and electric utilities will not be impacted by either of the proposed driveways.

Public Input for Lopez Driveways: The applicant has submitted a petition with more than 100 signatures from Carmel residents living in the vicinity of the project who support a driveway at the end of Lopez. Several opposition letters were also submitted by residents who live at the north end of Lopez, near the proposed driveway. The residents who live at the end of Lopez Avenue are concerned with increased congestion and safety issues associated with a new driveway at this location. Both the petition and letters are provided as attachments.

Staff has visited the site with a member of the Police Department to evaluate potential safety issues created by either of the proposed driveways. The officer did not identify any significant safety issues that would be created by either driveway.

Option “C” Re-design and Pave the Existing Driveway on Second Avenue: Vehicle access to the property is provided by a steeply sloped dirt driveway located on Second Avenue. The driveway can only be accessed when traveling eastbound on Second Avenue and the turning radius is too narrow to make a right-hand turn onto the driveway.

The City Engineer has reviewed the property and concluded that constructing a functional driveway at its existing location on Second Avenue is feasible. The property and hillside would require some grading, and the slope of the driveway would need to be reduced from its existing slope. One significant issue with this proposal, however, is the longterm
stability of Second Avenue.

As the geotechnical report discusses, the closed section of Second Avenue is unstable and will continue to fail over time. The geotechnical engineer is concerned about the longterm stability of Second Avenue. The engineer said that while road conditions appear to improve as Second Avenue continues westward, there is likely some degree of instability, similar to the stretch of road that is closed. A definitive evaluation, however, cannot be provided without studying a larger section of Second Avenue. Constructing a functional driveway at its existing location also would require removing a significant oak tree. With respect to removing significant trees, CMC Section 17.48.070 (B) states: the tree may be removed if “the removal of the tree is required to protect public health or safety.” In this case, the inability to access the property with a vehicle presents a safety issue. The City Forester has reviewed the issue and supports removing the tree given the safety concerns and the constraints of the property. There are some concerns about the redwood tree on the east side of the driveway. The City Forester recommends that significant cuts stay as far away from this tree as possible. However,
placing a new driveway at this location is feasible.

Option “D” Re-open Second Avenue and Pave Existing Driveway: At its September 1 hearing, the City Council expressed interest in re-opening Second Avenue as a potential solution to the driveway situation. Re-opening Second Avenue would allow the applicant to pave and use the existing dirt driveway without having to grade the hillside. The Council also had concerns about the necessity of opening Second Avenue as an
emergency access road. As previously mentioned, the geotechnical study indicated that it would probably cost between $300,000 and $500,000 to re-open Second Avenue. This estimate only includes stabilizing the 200-foot stretch of road that is closed. It appears that opening Second Avenue is not a viable option.

Planning Commission Recommendation: The Planning Commission unanimously
recommends that the City Council approve Option “B.” The primary reason for supporting a driveway at the end of Lopez Avenue, as opposed to maintaining the driveway at its existing location, is concern over the long-term stability of Second Avenue. The Commission raised the issue that approving a driveway on Second Avenue could potentially commit the City to future repairs and maintenance of this road for the benefit of only one property owner.

The Commission recommended that the driveway incorporate a natural stone veneer and that landscaping be provided to soften the mass of the structure. It also recommended that the property owner provide two parking spaces to take cars off of Lopez Avenue.

STAFF RECOMMENDATION:
Review the information and determine the appropriate action.