CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

January 11, 2017
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Community Planning and Building Director

Subject:

Consideration of a Design Study (DS 16-400) application for the

construction of a detached garage in the composite side-yard setback on
a property located in the Single-Family Residential (R-1) Zoning District

Recommendation:
Approve the Design Study (DS 16-400) subject to the attached findings and conditions
Application: DS 16-4000
APN: 010-013-006
Location:
Lobos St., 2NE of 4th Ave.
Block:
1B
Lots: 4
Property Owner/Applicant: Jim and Lynn Neckopulous
Background and Project Description:
The project site is a 7,066-square foot lot located on Lobos Street 2 parcels NE of 4th Ave. The
site contains a 1,213-square foot residence and a 322-square foot detached guesthouse at the
rear of the property. In addition, 400 square feet of floor area has been allocated for two
uncovered parking spaces. The site also contains 1,505 square feet of site coverage which
includes a driveway, rear patio and walkways at the front of the property.
The applicant is proposing to construct a 200-square foot detached garage near the south side
of the property. The proposed garage is located 3 feet from the southerly property line and
encroaches into the 178 composite side-yard setback. The proposed garage is clad with
horizontal wood siding and is 112 high. The project also includes the removal of 480 square
feet of site coverage; which would reduce the total site coverage from 1,505 square feet to
1,065 square feet.

156

DS 16-400 (Neckopulos)
January 11, 2017
Staff Report
Page 2

PROJECT DATA FOR A 7,066 SQUARE FOOT PARCEL

Site Considerations

Allowed

Existing

Proposed

Floor Area

2,746 sf

1,735 sf

1,935 sf

Site Coverage

604 sf/ 887 sf 1

1,505 sf

1,065 sf

Trees

3 Upper /1 Lower
(recommended)

7 Coast live oak

2 Monterey Pine

Ridge Height (1st/2nd)

(garage)

18/24

NA

11 2

Plate Height (1st/2nd)

(garage)

12/ 18

NA

Setbacks

Minimum Required

Existing

Proposed

Front

15

31 (residence)

15 (garage)

Composite Side Yard

25% (17 8)

35 (residence)

Minimum Side Yard

3 (residence)

Rear

15

3 (residence)

62 (garage)

Staff Analysis:
Detached Carport: CMC 17.10.030 allows for detached garages and carports to encroach into
the front- and/or side-yard setbacks with Planning Commission approval if the following
standards can be met:
i. At least 50 percent of the adjacent right-of-way is landscaped or preserved in a
natural and forested condition to compensate for the loss of open space;
ii. The proposed setback encroachment would not impact significant or
moderately significant trees;
iii. Free and safe movement of pedestrians and vehicles in adjacent rights-ofway is protected;
iv. All development on site will be in scale with adjacent properties and the
neighborhood context consistent with adopted design guidelines; and
v. Placement of the garage or carport in the setback will add diversity to the
neighborhood streetscape.
1

887 sq.ft, total allowed if no more than 50% is impervious.

157

DS 16-400 (Neckopulos)
January 11, 2017
Staff Report
Page 3

Furthermore, Design Guideline 6.1 through 6.2 states that garages that are subordinate design
elements are encouraged and consider using a detached garage or carport and in some
cases, parking facilities may be located in setbacks if this helps to achieve other design
objectives.
Staff finds that the proposed garage is consistent with the development standards and the
design is simple, small-scale, and includes natural finish materials. Staff also supports the
applicants proposal for the garage to be detached, however, it should be noted that the
southern neighbors, Frank and Marguerite Primose, object to the location and have requested
that the garage be shifted in a more northerly direction. In staffs opinion, the proposed garage
may not create a significant impact to the Primrose residence. However, it should be noted
that the garage could easily be rotated which would increase the setback from the southerly
property line from 3 to 10 feet. If the garage were rotated it would also have to be shifted
farther back, in an easterly direction, in order to provide adequate vehicle access. The Planning
Commission could condition the project with a requirement that the garage be shifted farther
from the southern neighbor.
Site Coverage: The subject site is 7,066 square feet, and therefore has allowable site coverage
of 880 square feet. The lot currently contains 1,505 square feet of site coverage, which is 625
square feet above the allowable site coverage. The applicant is proposing to reduce the site
coverage by 440 square feet, however, there is potential to remove approximately 180 square
feet of additional site coverage by eliminating the portion of the driveway located east of the
uncovered parking space, which would bring the property close to compliance. A condition has
been drafted requiring the applicant to reduce this portion of the driveway.
Public ROW: The unimproved portion of the City Right-of-Way (ROW) between the front
property line and edge of paving is approximately 10 feet wide and includes encroachments.
The encroachments include a 12-inch high Carmel Stone retaining wall, brick stairs, an existing 6
x 8 wood beam and pea gravel. The Planning Commission is advisory to the City Administrator
and/or City Council on encroachments. In this case, staff could support the proposed
encroachments given that the stairs assist with access to the property and the wall is necessary
for soil retainage. The applicant has agreed to remove the wood beam and pea gravel. A
condition has been drafted requiring the applicant to apply for and obtain an encroachment
permit for the stairs and wall, and that the pea gravel and wood beam be removed, all prior to
the issuance of the building permit,

158

DS 16-400 (Neckopulos)
January 11, 2017
Staff Report
Page 4

Environmental Review: The proposed project is categorically exempt from CEQA requirements,
pursuant to Section 15301 (Class 1) Existing Facilities. The project includes the construction
of a 200-square foot detached garage to an existing residence, and therefore qualifies for a
Class 1 exemption. The proposed alterations to the site do not present any unusual
circumstances that would result in a potentially significant environmental impact.
ATTACHMENTS:

Attachment A Site Photographs

Attachment B Findings for Approval
Attachment C Conditions of Approval
Attachment D Project Plans

159

Attachment A Site Photographs

Project Site - Facing east on Lobos Street

160

Attachment B Findings for Approval

DS 16-400 (Neckopulos)
January 11, 2017
Findings for Approval
Page 1

FINDINGS REQUIRED FOR DESIGN STUDY APPROVAL (CMC 17.64.8 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.

161

DS 16-400 (Neckopulos)
January 11, 2017
Findings for Approval
Page 2

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
and the overall design will as 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.

162

DS 16-400 (Neckopulos)
January 11, 2017
Conditions of Approval
Page 1

No.

Conditions of Approval
Standard Conditions

1.

Authorization: This Design Study Approval Permit authorizes the construction

of a new 200-square foot detached garage; the removal of 480 square feet of
site coverage as indicated on the plans and the removal of the portion of the
driveway located east of the parking pad; the installation of 42 square feet of
site coverage (permeable pavers for the new driveway); the installation of one
new Monterey Pine tree; the removal of right-of-way encroachments, including
an existing 6 x 8 wood beam and pea gravel in the ROW. All work shall conform
to the approved plans of January 11, 2016 except as conditioned by this permit.

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
(expires on September 22, 2016) unless an active building permit has been
issued and maintained for the proposed construction.

4.

All new landscaping 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.

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

163

DS 16-400 (Neckopulos)
January 11, 2017
Conditions of Approval
Page 2

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 6,811-square foot parcel, this permit will be
scheduled for reconsideration by the Community Planning and Building
Department.

8.

The applicant shall submit in writing to the Community Planning and Building
Department any proposed changes to the 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.

9.

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.

N/A

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.

N/A

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.

164

DS 16-400 (Neckopulos)
January 11, 2017
Conditions of Approval
Page 3

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
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.

19.a

N/A

N/A

165

DS 16-400 (Neckopulos)
January 11, 2017
Conditions of Approval
Page 4

19.b

All new construction involving excavation shall immediately cease if cultural

resources are discovered on the site, and the applicant shall notify 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.
The applicant shall install tree protection, which will need to be reviewed and
certified by the City Forester, prior to construction.
Special Conditions

21.

Prior to the issuance of the building permit, the applicant shall apply for and
receive approval of an encroachment permit for the existing 12-inch high Carmel
stone retaining wall and brick stairs, and shall remove the pea gravel and wood
beam from the City ROW.

22.

The applicant shall remove the portion of the driveway located east of the
parking pad in order to bring the property further into compliance with the site
coverage allowance.

20.

* Acknowledgement and acceptance of conditions of approval.

______________________
Property Owner Signature

__________________
Printed Name

__________
Date

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

166

Table
A-1
S-1
A-2
A-3

of Contents:
Site Plan, Site Data & Description of Project
Site Survey and Topographic Map
Floor Plan, Roof Plan and Exterior Elevation
Streetscape Elevation

NO.

70.66' East

Ex. 5' HI. Wood Lattice Fenc:e

Ex. 4' HI. Wood Pickel Fence

_-----Ex. cone.

pavers to be removed (73 SF)

~ ~---------------w~

~ ~--------------.-~
Existing Carmel Stone Patio

3::

:E
~

Jj
Trees
..c
::J

0
(f)

0
0

Existong 4' Ht. Grape Stake Fence

.,..zl

'1-15-16

BY

LePa e

PROJECT DESIGNER:

LePage Construction, Inc

~
Lot SF
Existing residence FAR
Ex isting guest house FAR
Ex isting 2nd Car off street parking area
Total existing FAR
Proposed Garage FAR
Total Proposed FAR

G)

LJ..

REVISIONS DATE:

Descriotion of Project:
1. Construct a new detached garage
10' wide by 20' long with 5/12 pitched gable composition shingled
roof (matches existing residence roof)
2. 1x6 v-rustic siding
3. Unclad wood windows and door.
4. Insulated sectional garage door with windows and composite material trim to
simulate wood. Door to be painted
5. No w.Jter fixtures.
6. No trees to be removed.
7. Plant one new Monterery Pine upper canopy tree. No other landscaping is
proposed.
8. D.G. walkway shall be removed from ROW
9. Applicant shall apply for an encroachment permit for the existing brick stairs and
Carmel stone rubble retaining walls in the ROW.
10. No cut or fill is proposed for the garage.

Lie. 3505g2
P.O. Box 5577
Carmel, Ca 93921
(831) 620-1277
(831) 595-1374
mlepage@lepageconstruction.com

7066 SF
1213 SF
322 SF
200 SF
1735 SF
200 SF
1935 SF

Sjte Coverage
Allowable site coverage:
Ex1sling site coverage:
Existing permeable site coverage:
Existing non-permeable site coverage:
Total existing si te coverage:
Existing permeable site coverage to be removed:
(concrete pavers & D.G. walkways as noted on the site plan)
New permeable site coverage:
(concrete pavers for garage driveway)
Total revised site coverage:

880 SF
1048 SF
457 SF
1505SF
-482 SF
42 SF
1065 SF

Existing Residence
_ _,.--_,,,...,, downspout drain line fitting
cone . permeable pavers to be removed
(total area partially obscured by proposed garage (259 SF)

Portion of the neighboring residence

within 15' of the property line

I
I
I

"""'9 D
Jw"k~Y'
(150 \

I
I
I
I
1

--

Jl

of Oak Trres

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _+-- '1'-2"----,--.+___ _

::==

To be removed ....._____,_

__

-------

-Ex1st1ng brick walkways

L _

_ _

Approx. Set Back to Neighboring Residence

do~ spout drain line fitting

to be removed

j_

70 66
' West

-~ ~
- _ -

/
Existing brick stairs

__ _

__ _

Existing 12" High Rubble Carmel Stone Reta1n1ng Wall

Note: Owner shall apply for an encroachment permit
for retaining wall and stairs located in the R.O.W.

__ _

-Ex1st1ng 6x8 PT wood beam to be removed from ROW

(referred to as 4x4 by staff)
Portion of driveway that extends 1nto ROW
Sand set concrete pavers typ1cal

OWNER CONTACT INFO:

James Neckopulos
31 B 4C Spear St.
San Francisco, Ca 94105
(415) 740-1320
jneckopulos@hotmail.com

Edge of Pavemen_t_ _ _ ~a ~v~llocated in the ROW shall be removed

_ _
- - 12' ______,

LOb OS

t.
DRAWN BY:

Proposed Site Plan

Michael LePage
(831) 595-1374
mlepage@lepageconstruction.com

Site Plan

RECEIVED
JAN 0 5 2017
City of Carmel-by-the-Sea
Planning & Building Dent

c
L

SCALE:
1/8"=1'-0"

DATE:
8-26-15
PAGE:

A-1
I

167

NO

REVISIONS DATE:

/~--1
Plate Height

==

1------t: =: : D=DD=l=O
:~ D=DD~D

- L _ _ ___

'1-15-16

BY

LePage

Ridge Height

l
PROJECT DESIGNER:

LePage Construction, Inc

Lie. 350592
P.O. Box 5577
Carmel, Ca 93921
(831) 620-1277
(831) 595-1374
mlepage@lepageconstruction.com

Exterior Elevations
Construction Notes:
1. Siding 1x6 V-Rustic, painted.
2. Door and window, unclad wood.
3. Garage door, insulated wood textured metal with composite trim
to simulate wood trim, painted.
4.Roof covering, laminated fiberglass composition shingles
to match the existing.

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+-=-=-==l"' I
<n

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O/H 1'

b ""'d
8'

.,

OWNER CONTACT INFO:

James Neckopulos
318 4C Spear St.
San Francisco, Ca 94105
(415) 740-1320
jneckopulos@hotmail.com

0;

'5\!)

'5

\!)

DRAWN BY:

10'

Garage Floor Plan

Michael LePage
(831) 595-1374
mlepage@lepageconstruction.com

Roof Plan
Garage Floor Plan

Floor Plan
Roof Plan
Exterior Elevations

c
I

114"=1'-0"

DATE:
8-26-15
PAGE

A-2
I

168

NO.

REVISIONS DATE:

BY

PROJECT DESIGNER:

LePage Construction, Inc

Lie. 350592
P.O. Box 5577
Carmel, Ca 93921
(831) 620-1277
(831) 595-1374
mlepage@lepageconstruction.com

Streetscape with Proposed Garage

OWNER CONTACT INFO:

James Neckopulos
318 4C Spear St.
San Francisco, Ca 94105
(415) 740-1320
jneckopulos@hotmail.com
DRAWN BY
Michael LePage
(831) 595-1374
mlepage@lepageconstruction.com

Streetscape Elevation

SCALE:

No Scale

DATE:
8-26-15
PAGE:

A-3
169