CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

August 10, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, Community Planning and Building Director

Submitted by:

Matthew Sundt, Contract Planner

Subject:

Consideration of Final Design Study (DS 16-103) and associated Coastal

Development Permit for the demolition of an existing residence and
construction of a new single-family residence located in the Single-Family
Residential (R-1) Zoning District.

Recommendation:
Approve the Final Design Study (DS 16-103) subject to the attached findings and conditions.
Application: DS 16-103
APN:
010-158-018
Block:
115
Lot:
2
Location:
Southeast Corner of Lincoln St.
and 10th Avenue
Applicant:
Justin Pauly
Property Owner: Nancy and Dan McFarland
Background and Project Description:
The property is a corner lot and is 4,000 square feet in size and includes an existing single-story
residence with two attached carports. The property slopes upward from Lincoln Street. A Historic
Determination of Ineligibility for the residence was issued by the Planning Department in
September 2015.
The applicant has submitted plans to demolish the existing residence and build a new 1,800-square
foot single-family residence. The proposed residence includes a 286 square-foot garage, 1,142
square feet on the first floor and 372 square feet on the second floor. Finish materials include
wood shingle siding on the exterior and Carmel stone veneer on the lower level as shown on the
north, west and south elevations. Also, a Carmel stone fireplace is proposed. Roofing material
includes standing seam zinc metal roof with a non-reflective finish and western red cedar shake.

11

DS 16-103 (McFarland)
August 10, 2016
Staff Report
Page 2

The front door, garage door, and a portion of the south elevation exterior is resawn clear cedar.
Fencing material is wood grape stake. Windows are with true divided lites with cedar trim that will
be painted.
The parcel has a 15-foot wide driveway easement over the back yard area (east side), which
provides access to the adjacent neighbors (to the south) two car garage with second floor guest
quarters. The east wall of the proposed McFarland residence will be placed on the edge of the
existing easement, where currently there is a about a two-foot setback to the existing building.
The applicant is proposing to excavate approximately 180 cubic feet of soil from the site to
accommodate the garage and a portion of the main floor. All cut will be exported from the site; no
fill is proposed; approximately 25 truck trips will be made to export soils.
The Planning Commission reviewed and accepted the design concept on May 11, 2016 with a
request for changes as discussed below. The applicant has revised the design to comply with the
requested changes.
PROJECT DATA FOR A 4,000 SQUARE FOOT SITE:
Site Considerations

Allowed

Existing

Proposed

Floor Area

1,800 sf (45%)

NA

1,800

Site Coverage
Trees

556 sf
3 Upper /1 Lower
(recommended)

NA
1/2

556 sf
1/2

Ridge Height (1st/2nd)

18/24

NA

Max. 1st floor: 12 6

Max. 2nd floor: 22-6

Plate Height (1st/2nd)

12/ 18

NA

Max. 1st floor: 8

Max. 2nd floor: 17

Setbacks

Minimum Required

Existing

Proposed

Front

15

NA

19

Composite Side Yard

10 (25%)

NA

Min: 18.0 ft

Minimum Side Yard

NA

Min. North Side: 5

Min. South Side: 8

Rear

15

n/a

Min: 15

12

DS 16-103 (McFarland)
August 10, 2016
Staff Report
Page 3

STAFF ANALYSIS
Previous Hearing May 11, 2016: The following is a list of recommendations made related to the
Concept Design Study presented at the Planning Commission meeting.
1. The applicant shall submit a landscape plan for final Planning Commission review.
2. The applicant shall remove ivy from the site.
3. The applicant shall reduce the width of the asphalt entry at Lincoln Street to a maximum of
14 feet.
4. The applicant shall submit a truck haul route plan for final Planning Commission review that
will explain total number of trips and exactly what route these trucks will take getting to
and from the project site. Hours of operation will be explained.
5. Reduce the number of light fixtures for each of the dining room and front doors (both on
the north elevation) to one fixture each;
6. Remove the downlights at trees in the south yard area;
7. Remove the wall-mounted downlight on west aspect of chimney; and
8. Remove one of the three proposed down lights at the rear patio area.
9. So as to safely illuminate the walkways on the south side of the property install lighting to
include low-cast lighting fixtures such as riser lights, or landscape lights not to exceed 18inches in height spaced at least 10 feet.
10. Provide materials cut-sheet for driveway.
11. Provide materials cut-sheet for light fixtures.
12. Resolve the easement issue with the neighbor to the south
Analysis: The applicant has changed/revised the plans to show that all of the above issues have
been addressed. Of most importance is the easement issue with the neighbor to the south. By
easement, the neighbor to the south has had a long-standing unfettered access to their garage
over the east side of the McFarland property including a small portion of the McFarland property
that is not part of the easement. The applicant had originally proposed to square the corner of the
fence which would have impeded access. However, in response to concerns that were raised by
the neighbor the applicant is proposing to maintain the fence at its current location in order to
allow the neighbor continued t unfettered access to the garage.
OTHER PROJECT COMPONENTS
Finish Materials: The Citys Residential Design Guidelines, Section 9.0 Guidelines for Building
Design: Final Details, includes the following objectives: To promote a diversity of architectural
styles that are also compatible with the village-in-a-forest context, to promote simplicity in building
design, to promote buildings that are in scale, and to continue the use of natural building materials.

13

DS 16-103 (McFarland)
August 10, 2016
Staff Report
Page 4

The project includes western red cedar siding on building wrap with semi-transparent stain and
Carmel stone veneer with broken course pattern with tight-joints and no grout. Portions of the
exterior wall will have 1 x 4 resawn clear cedar. The roof over the dining room that bridges the
west portion of the residence to the east portion and the roof over the main floor guest bedroom
area will be of standing seam zinc coated metal roofing with a non-reflective finish. Other areas of
the roof will be of a Class A, western red cedar shake minimum 2 layers. The proposal for a
metal roof along a portion of the structure is consistent with the modern-style design of the
residence. The applicant will bring a sample of the metal roof to the meeting. Furthermore, the
project provides diversity in architectural styles as it is represents modern architecture, using
natural materials and a scale appropriate for the community, and so meets the objectives of
Residential Design Guidelines 9.5 through 9.10.
Forest Character: Residential Design Guidelines 1.1 through 1.4 encourage maintaining a forested
image on the site and for new construction to be at least six feet from significant trees.
The City Forester has identified three trees on the property including two significant Coast Live
Oaks and one significant Monterey Pine. No additional trees are recommended to be planted. The
City Forester has also commented that it would be desirable to eliminate ivy on the site and the
right-of-way.
Building & Roof Form: As compared to the previous plans reviewed at the May 11 meeting, the
applicant has switched the kitchen and the living room so that the kitchen is now on the west side
of the property and the living room is on the interior of the residence where the kitchen had been
proposed. This exchange was done so a pizza oven could be installed in the home. As a result, the
previously proposed fireplace was removed. In addition, an oriel window was added to the south
side of the residence to benefit the living room space. Other than these changes the project plans
have not changed. In staffs opinion, the proposed residence meets the objectives of Residential
Design Guidelines 8.1 through 8.3.
Exterior Lighting: With regard to light fixtures, Municipal Code Section 15.36.070.B.1 and 2 states
that all exterior lighting attached to the main building or any accessory building shall be no higher
than 10 feet above the ground and shall not exceed 25 watts (incandescent equivalent; i.e.,
approximately 375 lumens) in power per fixture, and that landscape lighting shall not exceed 18
inches above the ground nor more than 15 watts (incandescent equivalent; i.e., approximately 225
lumens) per fixture and no closer than 10 feet apart. Furthermore, Landscape lighting shall not be

14

DS 16-103 (McFarland)
August 10, 2016
Staff Report
Page 5

used for tree, wall, fence or accent lighting of any type. The purpose of landscape lighting is to
safely illuminate walkways and entrances to the subject property.
In addition, the Citys Residential Design Guidelines, Section 11.8, states, Preserve the low
nighttime lighting character of the residential neighborhoods. Use lights only where needed for
safety and at outdoor activity areas. Appropriate locations may include building entries, gates,
terraces, walkways, and patios, and [] Point lights downward to reduce glare and avoid light
pollution, Locate and shield fixtures to avoid glare and excess lighting as seen from the
neighboring properties and from the street, and Lights should not be used to accent building or
vegetation.
The location and style of the proposed wall-mounted light fixtures are depicted on building
elevations on Sheet A3.1 and A3.2 of the Project Plans. A total of seven wall-mounted light fixtures
are proposed. Two of these are located on the north elevation with one to each the dining room
and front door. Two lights flank the garage doors, two lights are attached to the south elevation
wall and one light that will illuminate the south dining room door. These lights will not exceed 25
watts. However, the plans show that the proposed wall mounted light fixtures will have nonseeded glass bells. The Planning Commission has recently been consistent about requiring either
exterior fixtures with recessed light bulbs or those with shrouds over the bulbs, as recommended
by the Residential Design Guidelines. A condition has been drafted requiring that the light fixtures
be revised so that the bulbs are recessed or shrouded.
In addition, landscape lighting is proposed. The Exterior Lighting Plan (Sheet L.3) shows a variety of
lights to include two path lights on the north side, four riser lights (at steps on 10th Avenue , five
landscape lights on south side yard, and two small down-cast lights affixed to the fence on the
south side.
Staff supports the proposed light fixtures and notes that they comply with the lighting
requirements of the Municipal Code. A condition has been drafted requiring that the exterior wall
mounted lights be fitted with a shroud over the bulb, or that fixtures with recessed light bulbs be
installed. In staffs opinion, with conditions, the proposed wall-mounted and landscape lighting
conform to the Residential Design Guidelines and City Code Section 15.36.07 - Lighting
Requirements.

15

DS 16-103 (McFarland)
August 10, 2016
Staff Report
Page 6

Garage & Driveway: Design Guideline 6.3 states, consider using paving strips, or tire tracks,
for a driveway, and that driveways should not be over nine feet wide. This is especially appropriate
for a long drive that runs to the rear of a property. Design Guidelines 6.5 and 6.6 states, Position
a garage to maximize opportunities for open space, views and privacy, and Locate a garage to
minimize its visual impacts. Locating a garage under a house or detached at the back of the lot is
encouraged. Residential Design Guidelines 6.7 states, In limited circumstances a garage may be
located under a structure when the visual impacts will be minimized. The garage door should not
dominate and the driveway should not dominate the front garden.
The property slopes upward from Lincoln Street to the rear of the property with an approximately
nine-foot elevation change. The driveway is a tire-track type driveway that incorporates turfblock interspersed with dymondia margaratea (low growing, low-water use, hardy plant with
seasonal yellow flowers). The remainder of the driveway area is also carpeted with dymondia
margaratea. The asphalt driveway approach strip is approximately 14 feet wide at its widest point
and is flanked by arctostaphylos/Carmel Sur (Carmel Sur Manzanita). The applicant has provided
a cut-sheet showing the proposed turf-block. In staffs opinion, the proposed residence meets the
objectives of Residential Design Guidelines 6.1 through 6.7.
Public ROW: There are 6 locations where ROW encroachments occur along 10th Avenue and
Lincoln Street and what is proposed by the applicant:
1.
2.
3.
4.

Boulders located in the front of the property on 10th Avenue will be removed;
The wooden steps that lead up to the front door of the property will be removed;
The small fence on the north-facing side of the property will be removed;
Stepping stones on the north-facing side of the property, just behind the small fence, will be
removed;
5. The asphalt parking pad at the north-facing side of the property will be replaced with a
wood mulch parking pad; and
6. The rock wall on the west-facing side of the property that leads to the existing driveway will
be removed.

A conditions has been drafted requiring the removal of all of these encroachments prior to the final
building inspection.

16

DS 16-103 (McFarland)
August 10, 2016
Staff Report
Page 7

Landscape Plan: Residential Design Guidelines sections 10.1 to 10.3 state, Provide for upper and
lower canopy trees when designing the landscape, Landscape plans that use native plants and
other varieties accustomed to growing along the Central Coast are encouraged., and Planting in
areas visible from the street or other public places should continue the forest character.
The applicant has provided a landscape plan that includes a complete overhaul to the existing
landscape. The City Forester has identified three trees on the property including two significant
Coast Live Oaks and one significant Monterey Pine. No additional trees are recommended to be
planted. The landscape plan (Sheets L-2) depicts site coverage elements incorporating a sand set
turf-block tire-track driveway. The City Forester reviewed the proposed landscape plan and
determined that it is consistent with the City of Carmels guidelines and requirements. In staffs
opinion, the proposed residence meets the objectives of Residential Design Guidelines 10.1
through 10.3.
Environmental Review: The proposed project is categorically exempt from CEQA requirements,
pursuant to Section 15303 (Class 3) New Construction or Conversion of Small Units. The project
includes the construction of one single-family residence in a residential zone, and therefore
qualifies for a Class 3 exemption. The proposed residence does not present any unusual
circumstances that would result in a potentially significant environmental impact.
ATTACHMENTS:

Attachment A Findings for Approval

Attachment B Conditions of Approval
Attachment C Project Plans and cut-sheets

17

Attachment A Findings for Approval

DS 16-103 (McFarland)
August 10, 2016
Page 1

FINDINGS REQUIRED FOR FINAL DESIGN STUDY APPROVAL (CMC 17.64.80 and LUP Policy P1-45)
For each of the required design study findings listed below, staff has indicated whether the
submitted plans support adoption of the findings. For all findings checked "no" the staff report
discusses the issues to facilitate the Planning Commission decision-making. Findings checked
"yes" may or may not be discussed in the report depending on the issues.
Municipal Code Finding

YES

1. The project conforms with all zoning standards applicable to the site, or has
received appropriate use permits and/or variances consistent with the zoning
ordinance.

NO

2. The project is consistent with the Citys design objectives for protection and

enhancement of the urbanized forest, open space resources and site design. The
projects use of open space, topography, access, trees and vegetation will maintain
or establish a continuity of design both on the site and in the public right of way that
is characteristic of the neighborhood.
3. The project avoids complexity using simple/modest building forms, a simple roof
plan with a limited number of roof planes and a restrained employment of offsets
and appendages that are consistent with neighborhood character, yet will not be
viewed as repetitive or monotonous within the neighborhood context.

4. The project is adapted to human scale in the height of its roof, plate lines, eave
lines, building forms, and in the size of windows doors and entryways. The
development is similar in size, scale, and form to buildings on the immediate block
and neighborhood. Its height is compatible with its site and surrounding
development and will not present excess mass or bulk to the public or to adjoining
properties. Mass of the building relates to the context of other homes in the
vicinity.

5. The project is consistent with the Citys objectives for public and private views
and will retain a reasonable amount of solar access for neighboring sites. Through
the placement, location and size of windows, doors and balconies the design
respects the rights to reasonable privacy on adjoining sites.

6. The design concept is consistent with the goals, objectives and policies related to
residential design in the general plan.

7. The development does not require removal of any significant trees unless
necessary to provide a viable economic use of the property or protect public health
and safety. All buildings are setback a minimum of 6 feet from significant trees.

8. The proposed architectural style and detailing are simple and restrained in
character, consistent and well integrated throughout the building and
complementary to the neighborhood without appearing monotonous or repetitive
in context with designs on nearby sites.

9. The proposed exterior materials and their application rely on natural materials

18

DS 16-103 (McFarland)
August 10, 2016
Findings for Approval
Page 2

and the overall design will add to the variety and diversity along the streetscape.
10. Design elements such as stonework, skylights, windows, doors, chimneys and
garages are consistent with the adopted Design Guidelines and will complement the
character of the structure and the neighborhood.

11. Proposed landscaping, paving treatments, fences and walls are carefully
designed to complement the urbanized forest, the approved site design, adjacent
sites, and the public right of way. The design will reinforce a sense of visual
continuity along the street.

12. Any deviations from the Design Guidelines are considered minor and reasonably
relate to good design principles and specific site conditions.
COASTAL DEVELOPMENT FINDINGS (CMC 17.64.010.B.1):
1. Local Coastal Program Consistency: The project conforms with the certified Local
Coastal Program of the City of Carmel-by-the Sea.

2. Public access policy consistency: The project is not located between the first
public road and the sea, and therefore, no review is required for potential public
access.

19

Attachment B Conditions of Approval

DS 16-103 (McFarland)
August 10, 2016
Page 1

Conditions of Approval
Once signed, please return to the Community Planning and Building Department
No.

Standard Conditions

1.

Authorization: This approval of Design Study (DS 16-103) authorizes the

applicant to demolish an existing residence and build a new 1,800-square foot
single-family residence. The proposed residence includes a 286 square-foot
garage, 1,142 square feet on the first floor and 372 square feet on the second
floor. Finish materials include wood shingle siding on the exterior and Carmel
stone veneer on the lower level as shown on the north, west and south
elevations. Also, a Carmel stone fireplace is proposed. Roofing material includes
standing seam zinc metal roof with a non-reflective finish and western red cedar
shake.

2.

The project shall be constructed in conformance with all requirements of the

local R-1 zoning ordinances. All adopted building and fire codes shall be
adhered to in preparing the working drawings. If any codes or ordinances
require design elements to be changed, or if any other changes are requested at
the time such plans are submitted, such changes may require additional
environmental review and subsequent approval by the Planning Commission.

3.

This approval shall be valid for a period of one year from the date of action
unless an active building permit has been issued and maintained for the
proposed construction.

4.

All new landscaping, if proposed, shall be shown on a landscape plan and shall
be submitted to the Department of Community Planning and Building and to the
City Forester prior to the issuance of a building permit. The landscape plan will
be reviewed for compliance with the landscaping standards contained in the
Zoning Code, including the following requirements: 1) all new landscaping shall
be 75% drought-tolerant; 2) landscaped areas shall be irrigated by a
drip/sprinkler system set on a timer; and 3) the project shall meet the Citys
recommended tree density standards, unless otherwise approved by the City
based on site conditions. The landscaping plan shall show where new trees will
be planted when new trees are required to be planted by the Forest and Beach
Commission or the Planning Commission.

5.

Trees on the site shall only be removed upon the approval of the City Forester or
Forest and Beach Commission as appropriate; and all remaining trees shall be
protected during construction by methods approved by the City Forester.

20

DS 16-103 (McFarland)
August 10, 2016
Conditions of Approval
Page 2

6.

All foundations within 15 feet of significant trees shall be excavated by hand. If

any tree roots larger than two inches (2) are encountered during construction,
the City Forester shall be contacted before cutting the roots. The City Forester
may require the roots to be bridged or may authorize the roots to be cut. If
roots larger than two inches (2) in diameter are cut without prior City Forester
approval or any significant tree is endangered as a result of construction activity,
the building permit will be suspended and all work stopped until an investigation
by the City Forester has been completed. Twelve inches (12) of mulch shall be
evenly spread inside the dripline of all trees prior to the issuance of a building
permit.

7.

Approval of this application does not permit an increase in water use on the
project site. Should the Monterey Peninsula Water Management District
determine that the use would result in an increase in water beyond the
maximum units allowed on a 4,000-square foot parcel, this permit will be
scheduled for reconsideration and the appropriate findings will be prepared for
review and adoption by the Planning Commission.

8.

The applicant shall submit in writing to the Community Planning and Building
staff any proposed changes to the approved project plans prior to incorporating
changes on the site. If the applicant changes the project without first obtaining
City approval, the applicant will be required to either: a) submit the change in
writing and cease all work on the project until either the Planning Commission
or staff has approved the change; or b) eliminate the change and submit the
proposed change in writing for review. The project will be reviewed for its
compliance to the approved plans prior to final inspection.
Exterior lighting shall be limited to 25 watts or less (incandescent equivalent,
i.e., 375 lumens) per fixture and shall be no higher than 10 feet above the
ground. Landscape lighting shall be limited to 15 watts (incandescent
equivalent, i.e., 225 lumens) or less per fixture and shall not exceed 18 inches
above the ground.

10.

All skylights shall use non-reflective glass to minimize the amount of light and
glare visible from adjoining properties. The applicant shall install skylights with
flashing that matches the roof color, or shall paint the skylight flashing to match
the roof color.

11.

The Carmel stone faade shall be installed in a broken course/random or similar

masonry pattern. Setting the stones vertically on their face in a cobweb pattern
shall not be permitted. Prior to the full installation of stone during
construction, the applicant shall install a 10-square foot section on the building
to be reviewed by planning staff on site to ensure conformity with City
standards.

9.

21

DS 16-103 (McFarland)
August 10, 2016
Conditions of Approval
Page 3

12.

The applicant shall install unclad wood framed windows. Windows that have
been approved with divided lights shall be constructed with fixed wooden
mullions. Any window pane dividers, which are snap-in, or otherwise
superficially applied, are not permitted.

13.

The applicant agrees, at his or her 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.

14.

The driveway material shall extend beyond the property line into the public right
of way as needed to connect to the paved street edge. A minimal asphalt
connection at the street edge may be required by the Superintendent of Streets
or the Building Official, depending on site conditions, to accommodate the
drainage flow line of the street.

15.

This project is subject to a volume study.

16.

Approval of this Design Study shall be valid only with approval of a Variance.

17.

A hazardous materials waste survey shall be required in conformance with the

Monterey Bay Unified Air Pollution Control District prior to issuance of a
demolition permit.

18.

The applicant shall include a storm water drainage plan with the working
drawings that are submitted for building permit review. The drainage plan shall
include applicable Best Management Practices and retain all drainage on site
through the use of semi-permeable paving materials, French drains, seepage
pits, etc. Excess drainage that cannot be maintained on site, may be directed
into the Citys storm drain system after passing through a silt trap to reduce
sediment from entering the storm drain. Drainage shall not be directed to
adjacent private property.
An archaeological reconnaissance report shall be prepared by a qualified
archaeologist or other person(s) meeting the standards of the State Office of
Historic Preservation prior to approval of a final building permit. The applicant
shall adhere to any recommendations set forth in the archaeological report. All
new construction involving excavation shall immediately cease if materials of

19a.

N/A

N/A

22

DS 16-103 (McFarland)
August 10, 2016
Conditions of Approval
Page 4

19b.

20.

21.

22.
23.

archaeological significance are discovered on the site and shall not be permitted
to recommence until a mitigation and monitoring plan is approved by the
Planning Commission.
All new construction involving excavation shall immediately cease if cultural
resources are discovered on the site, and the applicant shall notified the
Community Planning and Building Department within 24 hours. Work shall not
be permitted to recommence until such resources are properly evaluated for
significance by a qualified archaeologist. If the resources are determined to be
significant, prior to resumption of work, a mitigation and monitoring plan shall
be prepared by a qualified archaeologist and reviewed and approved by the
Community Planning and Building Director. In addition, if human remains are
unearthed during excavation, no further disturbance shall occur until the County
Coroner has made the necessary findings as to origin and distribution pursuant
to California Public Resources Code (PRC) Section 5097.98.
Prior to Building Permit issuance, the applicant shall provide for City
(Community Planning and Building Director in consultation with the Public
Services and Public Safety Departments) review and approval, a truck-haul route
and any necessary temporary traffic control measures for the grading activities.
The applicant shall be responsible for ensuring adherence to the truck-haul
route and implementation of any required traffic control measures.
All conditions of approval for the Planning permit(s) shall be printed on a fullsize sheet and included with the construction plan set submitted to the
Building Safety Division.
Special Conditions

The applicant shall revise the exterior light fixtures with fixtures that include
recessed light bulbs, or fixtures with shrouds over the light bulbs. The revisions
shall be included on the construction drawings.
The applicant shall remove all encroachments from the public right-of-way
removed prior to final building inspection.

*Acknowledgement and acceptance of conditions of approval.

______________________________
Property Owner Signature

___________________________
Printed Name

__________
Date

Once signed, please return to the Community Planning and Building Department.

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43