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    CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA Item, January 13, 2016, Consideration of Appeal (APP 15-437) of an administrative denial of a Driveway Replacement Permit Application (DV 15-109) that included the replacement of an existing 20-foot wide driveway with an 18.5 foot wide driveway

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    CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA Item, January 13, 2016, Consideration of Appeal (APP 15-437) of an administrative denial of a Driveway Replacement Permit Application (DV 15-109) that included the replacement of an existing 20-foot wide driveway with an 18.5 foot wide driveway

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    McClatchy 01-13-16

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    CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA Item, January 13, 2016, Consideration of Appeal (APP 15-437) of an administrative denial of a Driveway Replacement Permit Application (DV 15-109) that included the replacement of an existing 20-foot wide driveway with an 18.5 foot wide driveway

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    276 views13 pages

    To: From: Submitted By: Subject

    Uploaded by

    L. A. Paterson
    CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA Item, January 13, 2016, Consideration of Appeal (APP 15-437) of an administrative denial of a Driveway Replacement Permit Application (DV 15-109) that included the replacement of an existing 20-foot wide driveway with an 18.5 foot wide driveway

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    of 13

    CITY OF CARMEL-BY-THE-SEA

    Planning Commission Report


    January 13, 2016
    To:

    Chair Goodhue and Planning Commissioners

    From:

    Marc Wiener, Acting Community Planning and Building Director

    Submitted by:

    Christy Sabdo, Contract Planner

    Subject:

    Consideration of Appeal (APP 15-437) of an administrative denial of a


    Driveway Replacement Permit Application (DV 15-109) that included the
    replacement of an existing 20-foot wide driveway with an 18.5 foot wide
    driveway

    Recommendation:
    Deny the Appeal (APP 15-437) and uphold the administrative denial of Driveway Replacement
    Permit (DV 15-109) subject to the attached findings
    Application: APP 15-437
    APN:
    010-312-013
    Location:
    Scenic 4 parcels northwest of 8th
    Block:
    C2
    Lot:
    9
    Property Owner: James and Susan McClatchy Applicant: Dave Lyon (agent for owner)
    Background and Project Description:
    The project site is located on Scenic Road 4 parcels northwest of 8th Avenue. On December 1,
    2015, staff issued a denial of Driveway Replacement Permit (DV 15-109) for the replacement an
    existing 20-ft wide by 23-ft long grass-crete driveway with a new 18.5-ft wide by 23-ft long
    paver driveway (See Attachment D, Site Plan). The proposed driveway width does not comply
    with the maximum allowed 14-foot width permitted by City Code.
    The Driveway Replacement Permit (DV 15-109) denial is being appealed by property owners,
    James and Susan McClatchy, who are represented by their agent Dave Lyon. The McClatchys
    are appealing the denial on the basis that reducing the driveway to a width of 14 feet, as
    required by City Code, would reduce the parking on their property from two spaces to one
    space.

    111

    APP 15-437 (McClatchy)


    January 13, 2016
    Staff Report
    Page 2

    Staff Analysis:
    Basis for Appeal: Dave Lyon, on behalf of the McClatchys, have submitted an appeal
    application, included as Attachment A, which outlines their concerns with this project. The
    appellants concerns are detailed below, followed by a staff analysis:
    1.

    The appellant recommends that staff consider the proposed 18.5-foot wide driveway
    for the purpose of maintaining two parking spaces on the property.

    Staff Analysis: The CMC Section 12.24.020 A. requires private driveways to be 14 feet in width:
    A. The maximum width of any driveway shall not exceed 14 feet as measured at
    the front property line or at any point between the front property line and its
    connection with the street pavement edge. A flare of a 30-inch radius shall be
    allowed at each side of the driveway at the street pavement edge connection.
    There shall be a short return of asphalt material at the street connection for
    transition of street to driveway. The length of this return shall be approved by the
    Director of Public Works.
    The appellant is proposing an 18.5-foot wide driveway, which does not comply with CMC
    12.24.020 A., requiring a maximum driveway width of 14-feet. Staff has met on the subject
    property with the appellants agent, Dave Lyon, and the contractor to review the Site Plan and
    discuss their concerns regarding the Citys 14-foot driveway width requirement. At the site visit,
    staff recommended various alternatives that may allow the appellant to continue to park two
    cars at the front of the residence, such as a 14-foot wide paver driveway with a remaining 4.5foot strip that could be planted in a native groundcover or covered with wood chips. After
    attempts to work in cooperation with the appellant to reduce the driveway width to 14 feet, a
    revised site plan was not submitted; therefore staff denied the Driveway Replacement Permit
    application.
    In some cases, older residential driveways in the City exceed the allowed 14-foot driveway
    width and are non-conforming. As Driveway Replacement Permits are submitted, staff reviews
    the design and requires the applicant to bring the driveway into compliance. The Community
    Planning and Building Department works with the Department of Public Works and Forestry on
    the review driveway replacements.

    112

    APP 15-437 (McClatchy)


    January 13, 2016
    Staff Report
    Page 3

    Environmental Review: The proposed project is categorically exempt from CEQA requirements,
    pursuant to Section 15301 (Class 1) Existing Facilities. The project includes the removal of a
    460-sf driveway and the installation of a 425.5-sf driveway. The proposed alterations do not
    present any unusual circumstances that would result in a potentially significant environmental
    impact.
    ATTACHMENTS:

    Attachment A Appeal Application


    Attachment B Findings for Approval
    Attachment C Denial Documents
    Attachment D Original Application and Site Plan

    113

    Attachment A - Appeal Application

    CITY OF CARMEL-BY-THE-SEA
    APPEAL OF ADMINISTRATIVE DECISION
    (FILING FEE: $304.82*)

    Appellant: _

    __..mt....:.......:~c.::,._..lo..C...L/~.::::.,;.._;,,_c.:::....;__;h'-71-V:.___ _ _ _ _ _ _ _ _ _ __

    Mailing Address:

    Phone:

    _---~..lt-'-rl1-::...c.::,_n_t_=g---jp~_d__2-=3~75_ _..:..c===-.:::..;C..:..:..Y"..;..vn,;,_;;e.;..:../_....:V~t.-1~--~ty
    v
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    7

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    'r L]?

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    Evening: (

    s.bct~lo be. I ;v e r

    _L.+i_l_,f-j__l_~---

    Date of Administrative Decision: _ _ _ _


    J

    Appeals to the Planning Commission must be made in writing in the office of the Planning
    Department within 10 calendar days following the date of the Administrative Decision and.
    paying the required filing fee os established by City Council resolution.
    Physical location of property that is the subject of appeal (street location o r address):

    s ce "" I c

    r'=------

    Lot(s): __

    'r

    IV/

    LA/

    Block:

    g/

    rJ-.

    APN:

    2_

    ADMINISTRATIVE DECISION BEING APPEALED:

    O/o - .Sil - oJ3-

    .Dc.n.1~L

    ooo

    or

    If you were NOT the original applicant or the applicant's representative, please state why you
    are an aggrieved party:

    Oc..ve

    *Article 9, Section 7, of the Constitution of the State of California authorizes a city to impose
    fees. Also see California government Code, Section 54344.

    1
    114

    GROUNDS FOR APPEAL: State the specific basis for your appeal, such as errors or omissions
    you believe were committed by Community Planning and Building Director in reaching his/her
    decision, etc. You may also submit a letter or other material to explain your appeal.

    ;Z ~ d v c II (J Y'

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    I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT:

    ,t.DATEOTHIS _t__DAYOF

    /)

    etc.n.Ju~ .~

    Appeal fee received: (Staff Initial)

    :2.

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    Receipt#:

    IMPORTANT: If the appellant wishes to submit materials for duplication and inclusion in the
    City of Carmel-by-the-Sea's Planning Commission agenda packet, the materials must be
    submitted to the Planning Department at least two weeks in advance of the appeal date.

    Revised July 2014

    2
    115

    Attachment B Project Findings


    CITY OF CARMEL-BY-THE-SEA
    DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
    FINDINGS FOR APPROVAL
    Application: APP 15-437 (McClatchy)
    APN: 010-312-013
    Location:
    Scenic Road 4 parcels NW of 8th
    Applicant:
    James and Susan McClatchy, Dave Lyons representing agent

    RECOMMENDATION:
    Deny the Appeal (APP 15-437) and uphold the administrative denial of Driveway Replacement
    Permit (DV 15-109)
    FINDINGS OF FACT:
    1.

    Construction of private driveways requires a permit under Section 12.24.010 of the


    Citys Municipal Code.

    2.

    On November 6, 2016, the applicant submitted a Driveway Replacement Permit


    Application to replace an existing 20-foot driveway with an 18.5-foot driveway.

    3.

    Carmel Municipal Code Section 12.24.020 A. requires: The maximum width of any
    driveway shall not exceed 14 feet as measured at the front property line or at any point
    between the front property line and its connection with the street pavement edge

    4.

    Staff met the applicants representative, Dave Lyon, and contractor, at the subject
    residential property on November 10, 2015, to review the Site Plan and the Citys Code
    requirements.

    5.

    After attempting to work in cooperation with the applicant, on December 1, 2015, staff
    issued a letter of denial to the applicant. The Site Plan received on November 6, 2015
    depicts an 18.5-foot driveway, and has not been revised to comply with the maximum
    14-foot driveway width requirement per CMC 12.24.020 A.

    116

    Attachment C - Denial Letter

    City of Carmel-by-the-Sea
    COMMUNitY PLANNING AND BUilDING DEPARTMENT
    POST OFFICE DRAWER G

    CARM&IYntN!A. CA IJ921
    (111) 620100FFICE
    (Ill) 620-20W FAX

    December 1, 2015
    Daniel Resendiz
    POBox 1715
    Seaside, CA 93955

    Subject:

    DaUa1 Lettct
    Driveway Permit ~lication: DV lS-1 09 (Mdlatchy)
    Scaric Road 3N of8 Ave
    Bit: C2, Lot 9;APN: 010-312-013

    Dear Mr. Rcsc:ndiz:

    Staff has issued a denial of Driveway Permit application (DV 1S-1 09). Per Carmel Municipal
    Code (CMC) 12.24.020:
    The lltiiXimum width ofQ1J)' driveway shall 1101 excMd 14 Jut u 11118111'edllt tlte
    front property line or at ay point between tile froJtt J11'0IH"'Y liM ll1Ul iu
    co7IMCiitln witJJ the ~tree~ ptrmnettt edp. .4 f/tlN of a 30-illch rtllliu.r &lulll be
    allowed at each &ide of tlu! driveway at t1te .rtnet pavemDJt edge C01JMCtio1l.
    1'llen s1uJIJ be a .rltort ret11m of ll.f]Jhalt material at tile &ITM C01f111!Ction for
    tran.ritio11 ofstnMt to driveway. 77le length ofthis re,., slulll be ~by the
    Director ofPrlblic Worb.

    1'bc Site Plan received November 6, 2015 depicts an 18.5-foot driwway, and bas not
    been revised to comply with the 14 foot rcquiremalt per CMC 12.24.020. Staffhas made
    a site visit and has affe!'lrted to worlc. with you to revile the width of the driveway to
    meet the 14-foot requirement.

    You may conUct me at (831) 620-2023, ifyou have any questions about the requirements in this
    letter.

    cc:

    lames and Susan McClatchy, PO Box 2375, Carmel Valley, CA 93924


    Dave Lyon, Property Manager

    117

    DeDial Lctacr
    DV lS-109 (McCIItdty)
    Decembar 1, 2015

    Paael
    Rob Culver, Public Wotb SupcrinteDdcnt, Cannel-by-th~ea
    Encl: Email ftom Rob Culver dated November 9, 2015

    118

    Attachment D - Original Application (Includes Site Photograph)

    City of Carmel-by-the-Sea

    r~tCJfj}J )'f

    Department of community Planning & Building


    Public Works/Forestry & Beach
    P.O. Drawer G
    Carmel, CA 93921
    {831) 620-2010 OFFICE

    ~ ~ "-'

    Driveway New or Replacement Permit Application


    Date Rec'd:

    llta 1s

    City Use Only This Section


    fee: $

    qcs .3S

    Rereipt #:

    l?,81> 1

    By:

    &JJ

    t2 -lc&(!V&t:ltdlj

    ov:

    APPLICANT SECTION
    Complete Items 1-3 in this section and provide additional information and/or plans as
    required to describe the work proposed. NOTE: SIGNATURE ON THE BOITOM OF THIS
    FORM IS REQUIRED. PLEASE SEE BACK OF THIS PAGEFQR CONDITIONS.
    1. Exact Location:

    ~ \:.~ S

    C&\J \ c

    XZ-.D

    Street the project is on

    Block:

    C'l.

    5.

    Lot(s):

    2. Legal Property Owner: S\,)'SBN


    +

    Mailing Address:

    Parcel#: OI0-3\2-C\'3,..000

    ~~M&S

    UC..C..Lf-\\L\t\1

    ---===::_t>_______ P.o.Box,__----:a::....!....:-o~-:t.!......a..!S~----

    City: _......:C~f\~l?.=M-=-:...>c6~L......_....:v'-'ec....:....=L=.L=~E.'--'i....___ _ _.State:


    Telephone#( ~2>\)

    '596-YZ-o9

    3. Contractor/Agent/Contact Person:

    Zip:__q_._:3~q,!_;-z..=-~+---

    lA

    EMAIL: _ _ _ _ _ _ _ _ _ __

    f\e.pc;tU soL\)T\Ot\b

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    Mailing Address:, _ _ _ _ _ _~--------- P.O. Box:


    City:

    Se AS.ltAA

    Phone

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    State:

    City License # :,....:r2:=a2"""""f"'C__1~---

    EMAIL:

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    @

    Zip:

    \ q \S

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    I Type:

    c. '1.:3-

    Value of Project: ...:$a:_


    I.J
    . . . .~-W"'--~--_ _ _ _ _ _ _ __
    0

    FULLY DESCRIBE ALL WORK PROPOSED: \ tvS '1 P.. LL


    Property OWner Acknowledgement
    I understand and agree to comply with all pertinent conditions, standards and requirements as specifiecJ..~~J5armel
    Municipal Code, State, County and Federal regulations pertaining to this permit application. I agree to pro~H!Uf!Bii:'i)
    subject work at no expense to the City and to indemnify the Oty from any liability arising from the permit ~~~
    Acceptance by the City of the work described hereon is not a waiver of my obligations as stated herein.
    '

    NOV 0.8'2015

    Property OWner Name (Print Clearly): - - - - - - - - - - - - Signature:------------

    Date: _ _ _ __

    cnyol Ctt~~-the-Sca
    Ptcrttrtlhg l ~Odlilg
    Dept.
    119

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