CITY COUNCIL: Appeal of Administrative Decision to Deny Installation of River Rock Curb

City Council
Agenda Item Summary

Name: Consideration of an appeal of an administrative decision to deny installation of 176 linear feet of river rock curb, 8-16 inches high to delineate guest parking on Mission Street and to separate property from the street on Santa Lucia and Mission. The appellant and property owners are A.J. and R.J. Amoroso.

Description: During a recent inspection, the Building Official noticed a river rock curb ranging in height from eight to 16 inches along Mission Street. The intent of the owner is to run the curb approximately 174 feet along both the Mission and St. Lucia Street frontages.

Overall Cost: None.

Staff Recommendation: Deny the encroachment permit as it is inconsistent with City
standards, specifically CMC Sections 17.34.070(B) and 12.08.060 as well as Residential Design Guideline 1.5.

Reviewed by:


________________________________ _______________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
COMMUNITY PLANNING & BUILDING
BUILDING SERVICES DIVISION
CITY COUNCIL STAFF REPORT
TO: MAYOR McCLOUD AND CITY COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JOHN A. HANSON, BUILDING OFFICIAL
DATE: MARCH 27, 2008
SUBJECT: CONSIDERATION OF AN APPEAL OF DENIAL OF AN ENCROACHMENT PERMIT FOR THE A.J. AND R.A. AMOROSO JOB ON THE NORTHWEST CORNER OF SANTA LUCIA AND MISSION

I. RECOMMENDATION
Deny the application based on its inconsistency with the Municipal Code and Residential Design Guidelines.

II. BACKGROUND & PROJECT DESCRIPTION
This site is located on the northwest corner of Santa Lucia Avenue and Mission Street.

The Design Review Board approved the substantial alteration of the existing residence on the site in 2006. A building permit has been obtained and construction is nearing completion.

During a recent inspection, the City noticed that a river rock curb ranging in height from 8 to 16 inches along Mission Street. The intent of the owner is to run the curb approximately 174 feet along both the Mission and St. Lucia Street frontages. The City Administrator denied the encroachment permit as it was not consistent with City standards. The property owner has appealed the decision to the City Council.

III. STAFF REVIEW
Below is a brief summary of some of the guidance given by the Municipal Code and
Residential Design Guidelines regarding encroachments:

• CMC section 17.34.070(B): This section indicates that paving, gravel, boulders,
planters or other above-ground encroachments are prohibited.

• CMC section 12.08.060: This section indicates that an owner should have justifiable need for an encroachment and should not affect circulation and
parking.

• Residential Design Guideline 1.5: This guideline encourages maintaining an
informal forested appearance in the right-of-way and avoiding the adding
pavement and/or boulders.

The proposal is inconsistent with these standards and is adding an above-ground
encroachment with no justifiable need.