CITY OF CARMEL-BY-THE-SEA Council Report September 10, 2013

To: From: Submitted by:

Honorable Mayor and Members of the City Council Jason Stilwell, City Administrator Rob Mullane, AICP, Community Planning and Building Director Sharon Friedrichsen, Public Services Director

Subject:

Setting Workshop on Options for Addressing Right-of-Way Encroachments Receive a presentation from staff with an overview of the issue of encroachments in the Right-of-Way as well as options for addressing these, and set a workshop for further discussion on 7 October 2013.

Recommendation(s):

Executive Summary:

The Council has previously discussed the issue of unpermitted encroachments in the City's Right-of-Way (ROW}. Municipal Code includes provisions for The City's such addressing

encroachments on a property by property basis triggered by a request for a building permit or by a change in ownership of the adjoining property. The City's roadway overlay program provides an opportunity to address ROW encroachments in a more proactive way while still taking a measured approach that is within the City's staffing and funding resources.
Analysis/Discussion:

The paved portion of City ROWs is often substantially narrower that the full ROW. As such, there is an area that the City has left unimproved between the edge of the roadway and the front property line of an adjoining private property. While this area can be used for pathways such as the Fourth Avenue pathway, it often is left unimproved, or is improved only w ith landscaping. This area has, in many cases, been improved by the adjoining property owner with asphalt, gravel, decorative walls, fences, retaining walls, and supplemental landscaping. Such improvements are located within the City's ROW, and as su ch, require an encroachment permit from the City Plann ing and Bui lding
1

144

Budgeted (yes/no)

Funding Source( general fund, grant, state)

Yes
Previous Council Action/Decision History:

General Fund

The City Council discussed the issue of ROW encroachments at a workshop on 1 October 2012. The Planning Commission discussed this issue at a workshop on 25 January 2012.

Attachment:

Attachment "A"- ROW Vision Statement

Reviewed by:

City Administrator Asst. City Admin. Public Safety Dir

#D D

City Attorney Dir of CPB Library Dir

D D D

Administrative Services Dir of Public Svcs Other

D D D

145

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 offstreet 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.

146