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CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

March 8, 2017

To: Chair Goodhue and Planning Commissioners

From: Marc Wiener, AICP, Community Planning and Building Director

Submitted by: Catherine Tarone, Assistant Planner

Subject: Consideration of a Design Study (DS 16-439) application for new


landscaping and an amendment to a special condition for a previously
approved residential remodel project located in the Single-Family
Residential (R-1) Zoning District

Recommendation:

Approve the Design Study (DS 16-439) and amend the approved special conditions to allow the
removal of the pittosporum tree in the rear yard of the property as per the attached special
conditions.

Application: DS 16-439 APN: 010-275-008


Block: Q Lot: 17
Location: th
Camino Real, 2 NW of 11 Ave.
Property Owner/Applicant: Martha K. Webster Trust

Background and Project Description:

The property owner, Martha Webster, is requesting to revise a Condition of Approval for a
Design Study (DS 14-64 Webster) that was approved by the Planning Commission on November
12, 2014. The original Design Study approval was for an 863 square-foot addition to the rear of
an existing residence including the construction of a new 463 square-foot upper floor. At this
meeting, the neighbor to the rear (west), Anna Yateman, requested that a very large
pittosporum tree at the rear of the project site be maintained and preserved in order to provide
privacy and screening from the new second-story addition. The applicant agreed to this at the
time, and hence, the Planning Commission required that the tree be maintained as a condition
of approval.

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DS 16-439 (Webster)
March 8, 2017
Staff Report
Page 2

On January 11, 2017, the property owner brought this project before the Planning Commission
to request an amendment to this condition of approval (Condition #23) to instead allow for the
removal of the tree and its replacement with at least four new Dodonea Viscosa Atropurpurea
shrubs along the rear (west) fence line to protect the neighbors privacy and one new lower-
canopy tree from the Citys approved list as a replacement for the pittosporums removal (See
Landscape Plan in Attachment E). At this meeting, several commissioners expressed concern
with the proposal to alter the original conditions of approval. Consequently, the Commission
continued the application with a recommendation that the applicant meet with the City
Forester to obtain his evaluation of the moderately-significant pittosporum tree in the rear yard
of the property in regard to the trees age, its longevity, and whether it can tolerate severe
trimming.

Since the previous meeting, the City Forester has met with the applicant at her property and
has also met with the neighboring property owner to the west of the property. The Forester
has submitted an evaluation of the tree to staff with his recommendation regarding the
proposed removal of the tree.

Staff analysis:

According to Residential Design Guideline 5.1, The applicant shall organize functions on a site
to preserve reasonable privacy for adjacent properties. Preserve significant trees that will help
to screen views into adjacent properties. Screen patios, terraces and service areas.

The applicant has submitted a letter describing her reasons for requesting the removal of the
pittosporum tree (Attachment C). In the letter, the applicant states that she feels that the tree
takes up too much space and prevents the rear yard from getting afternoon sun. According to
the Site Assessment Report, the large pittosporum tree that is proposed for removal was rated
as moderately-significant by the City Forester. Moderately-significant trees may be removed
with approval by the Forestry Department through a tree removal application.

At the January 11th Planning Commission meeting, the neighboring property owner to the west
(rear) of the property spoke at the meeting and expressed concern regarding the proposed
removal of the tree. She stated that the second story of the Websters residence was approved
with the contingency that the tree remain on the property to act as a barrier between the two
properties. The neighboring property owner also expressed concern for the privacy of her
propertys second story solariums. Finally, according to the neighboring property owner, the
Valley Hills Nursery stated that Dodonea Viscosa shrubs take 2-8 years to get any height and
density.

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59
DS 16-439 (Webster)
March 8, 2017
Staff Report
Page 3

The City Forester visited the property and evaluated pruning options for the tree in order to
determine if the tree could be returned to simply a privacy screen function and lessen the
burden on the property owner (Attachment D). However, the Forester concluded that in order
to create a similar hedged canopy on the Webster property as that on the adjacent property,
severe trimming to remove three-fourths of the tree canopy would be required. This severe
pruning may result in limb breakage due to the weak branch attachments and could be
detrimental to the health of the tree. The extent of this trimming as described by the Forester
would also decrease the amount of tree cover afforded by the tree, which may make the
proposed Dodonea Viscosa shrubs a better alternative for ensuring privacy despite their initial
sparseness. In staff's opinion, the property owners proposal to plant four new shrubs that grow
15 to 20 feet in height reasonably addresses the potential privacy impact. If the neighboring
property owner to the west wishes additional privacy, she may plant additional trees or shrubs
on her own property to contribute to the privacy screen. In light of these findings, staff would
not support pruning the tree.

In regard to maintaining the tree, the Forester stated that the canopy of the tree extends 28
feet in an east-west direction with four feet of the canopy extending toward the west
neighboring property and 24 feet of the canopy extending east over the project site. If the tree
were preserved as required by the condition of approval, the large tree canopy would block
sunlight from a significant portion of the property owners rear yard. The Planning Commission
previously approved the preservation of this tree as a privacy screen. However, in staffs
opinion, the privacy desired by the neighbor as well as the Commission can be achieved more
effectively by planting a row of smaller trees because the new shrubs will be more attractive,
healthier than a severely pruned tree, and easier for the property owner to maintain long-term.

Staff recommends that, subject to the attached conditions, the Planning Commission amend
the attached special conditions to allow for the removal of the moderately-significant
pittosporum tree in the rear yard of the property and plant at least four Dodonea Viscosa
Atropurpurea shrubs in this location and a lower-canopy replacement tree elsewhere on the
property.

Environmental Review: The proposed project is categorically exempt from CEQA requirements,
pursuant to Section 15301 (Class 1) Existing Facilities. The project proposes to remove an
existing pittosporum tree and plant four new shrubs in the same location and a lower-canopy
replacement tree elsewhere on the property. The proposed alterations to the residence do not
present any unusual circumstances that would result in a potentially significant environmental
impact.

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60
DS 16-439 (Webster)
March 8, 2017
Staff Report
Page 4

ATTACHMENTS:

Attachment A Photographs
Attachment B Draft Amended Conditions of Approval
Attachment C Applicants Letter
Attachment D Foresters Evaluation of the Pittosporum Tree
Attachment E Proposed Landscape Plan

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Attachment B - Conditions of Approval

DS 14-64/DS 16-439 (Webster)


March 8, 2017
Draft Revised Conditions of Approval
Page 1

Original Conditions PC Amended and Approved 11/12/14

Conditions of Approval
No. Standard Conditions
1. Authorization: This approval of Design Study (DS 14-64) authorizes: 1) a 863-
square foot addition to an existing 737-square foot residence, which includes
400 square feet added to the ground level and a new 463-square foot upper
level, 2) addition of 40 square feet to an existing 160-square foot detached
garage, 3) the removal of 436 square feet of site coverage, and 4) the removal of
encroachments from the City Right-of-Way as depicted on the November 12,
2014 approved plans 5) the removal of the moderately-significant pittosporum
tree in the rear yard and the January 11, 2016 approved landscape plans, 6) the
planting of at least four new Dodonea Viscosa Atropurpurea shrubs along the
rear (west) fence line to protect the neighbors privacy as depicted on the March
8, 2017 approved plans.
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.

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DS 14-64/DS 16-439 (Webster)
March 8, 2017
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.
9. 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 N/A
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 N/A
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.

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DS 14-64/DS 16-439 (Webster)
March 8, 2017
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. N/A

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.
19a. An archaeological reconnaissance report shall be prepared by a qualified N/A
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

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DS 14-64/DS 16-439 (Webster)
March 8, 2017
Conditions of Approval
Page 4

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.
19b. 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.
20. Prior to Building Permit issuance, the applicant shall provide for City N/A
(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.
21. All conditions of approval for the Planning permit(s) shall be printed on a full-
size sheet and included with the construction plan set submitted to the Building
Safety Division.
Special Conditions
22. The applicant shall plant and maintain one new upper-canopy tree of substantial
size and caliber and of a species approved by the City Forester. The location,
size, and species of this tree shall be noted on a revised landscape plan, and this
plan shall be submitted with the Building Permit application plan set. Prior to
issuance of the Certificate of Occupancy the trees shall be planted on site
located approximately 10 feet from any building.
23. The pittosporum tree located at the rear of the property shall be maintained
and preserved by the property owner. The applicant shall submit a tree removal
permit for the removal of the moderately-significant pittosporum tree located at
the rear of the property. The applicant shall plant at least four new Dodonea
Viscosa Atropurpurea shrubs along the rear (west) fence line to protect the
neighbors privacy and one new lower-canopy tree from the Citys approved list
as a replacement for the pittosporums removal.
24. Prior to final building inspection, the applicant shall remove 436 square feet of
site coverage from the property as indicated on the November 12, 2014,
approved plan set.

69
DS 14-64/DS 16-439 (Webster)
March 8, 2017
Conditions of Approval
Page 5

25. The landscape lighting plan shall be revised so that all landscape lighting is
spaced 10 feet or more apart. The changes shall be included on the construction
plan set.
26. Prior to final building inspection, the applicant shall remove the existing
encroachments from the City ROW including portions of the front fence, a wood
planter, and a stone wall.
27. The applicant shall eliminate the second-story bay element on the north
elevation. The bathroom window may be maintained but shall include obscure
glass.

*Acknowledgement and acceptance of conditions of approval.

_____________________ __________________ __________


Property Owner Signature Printed Name Date

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

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Attachment C - Applicant Letter

To: Carmel Planning Commission


From: Martha Webster

Amend Condition of Approval #23

Remove the Pittosporum tree in the rear of the property and replace it with
Dodonea Viscosa Atropurpurea - which would be planted along the fence line as
indicated on the site plan.

The Dodonea shrubs will provide excellent screening, but will not invade the rest of
the backyard. The Pittosporum is invasive and severely limits the use of the
backyard. With the new deck being framed-out, the tree takes up what is left of the
yard, leaving no room to build the already approved fire pit. The tree also keeps the
backyard from getting afternoon sun.

Dodonea shrubs grow very fast, and easily reach 20 feet in height. Initially, in my
agreeing to keep the Pittosporum at the past Planning Commission meeting, I was
trying to be a cooperative neighbor, but as my renovation has progressed, it is clear
that the tree takes up too much space. This solution will give both Anna Yateman
(my neighbor directly to the West) and me the privacy and screening that we both
want in our backyards.

My contractor, John Petrushkin, talked with Ms. Yateman on the phone and made an
appointment for us to discuss the situation with her on September 19th at her home.
When we arrived for our meeting, she would not talk with us and denied that she
had set a time to meet with us. She was quite hostile. We left without any
discussion regarding the hedge.

In closing, I would also like to add that Ms. Yateman has been unwilling to plant her
own screening on her property. I think it is only fair that she, as well as I, take
responsibility for providing privacy between our properties.

Thank you for your consideration.

Martha Webster
P.O. Box876
Carmel, CA 93921
Cell: 415-827-1834 RECEIVED

OCI 21 20\6
. carmel-by-the-Sea
Ctty of. & Building Dept
p\anrong
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Attachment D - Forester's Report

CITY OF CARMEL-BY-THE-SEA
Choose an item.
Staff Report

March 8, 2017
Public Hearing

TO: Planning Commissioners

FROM: Mike Branson, City Forester

SUBJECT: Webster Pittosporum Tree Assessment for DS - 439

RECOMMENDATION

Approve the amended conditions of approval for DS 439 (Webster).

BACKGROUND / SUMMARY

During consideration of a Design Study (DS 16-439) application for new landscaping and an amendment to a
special condition for a previously approved residential remodel project located in the Single-Family Residential
(R-1) Zoning District for Marsha Webster, Planning Commissioners requested an evaluation from the City
Forester as to the suitability of pruning the Pittosporum tree to be a hedge between two adjacent properties
versus allowing for removal of the tree with appropriate re-plantings.

The 20 inch diameter, 17 foot tall, Pittosporum tree is a mature specimen and has been evaluated by the
Carmel forestry staff to be a moderately significant tree for the site. The tree has an asymmetrical canopy
primarily to the long-term pruning (hedging) of the western portion of the tree canopy by the adjacent property
owner. The canopy spread is about 25 feet in the north-south direction and about 28 feet in the east-west
direction. Only four feet of the eastwest canopy spread is growing towards the west. The branching structure
of the tree indicates that the tree has been regularly topped several times over its lifespan. A similar tree of the
same trunk diameter could easily be 25-30 feet tall if left un-pruned.

In order to create a similar hedged canopy on the Webster property as that on the adjacent property,
approximately three-fourths of the tree canopy would need to be removed which would involve removing 4-5
limbs ranging from 4 to 12 inches in diameter. If this much of the tree canopy is removed, the remaining portion
will not be very attractive from the Webster property and will likely experience limb breakage due to the weak
branch attachments. Removal of that much tree canopy along with large limbs is not arboriculturally prudent for
trees. It is difficult to tell if such extensive pruning will result in the long-term decline or death of the tree or if the
tree can re-sprout enough new foliage to make an attractive and functional hedge on the Webster property. If
the tree can adequately re-sprout new foliage, it will still take several years to achieve a dense, full canopy.
The neighbor to the west has planted some tall bamboo and some young Pittosporum of a different species
that will, with time, provide additional privacy screening between the two properties.

The City Forester recommendation is to revise the site condition to allow Ms. Webster to apply for a tree
removal permit. If tree removal is allowed at least four standard Dodonea viscosa Atropurpurea or equivalent,
shall be required to be planted as a privacy screen on the western edge of the Webster property and a new
lower canopy tree from the City approved list also be planted on the property.

72
FISCAL IMPACT

None.
ISCAL IMPACT

PRIOR CITY COUNCIL ACTION

None.

ATTACHMENTS

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. IJ. HW!i!oo control hllmt~Ujute- to he !1PfJ!Ittd to -'l tl i\nN ar'-"'& aaccordnut td
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.~ t'1-roue:. c.~......._ !>~. 10./\11 \ro:Sto bo~'"th t"'o lod!<cpoloU..-.111' Kl" nhoU<:tbt1MlanJ
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1L Alllll3tlls W bo piii"WJ "tlh W tO!! ><lil. !IJ O'l'"''i< Plnltlill~ mill. 11.1 harv<,_,
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RECEIVED
:13 ~ ..~~(MNW 'N~
:G L_sntfl:J.\.1~ !l"...,,.-.:. F"r.'!o~J..~a~..,.~ !it.1ph..mc ('f1!1!11ic liiDCS:Idrncnt :1 M....--~ ...... {llbHi--4t)
;I Wollt-M"K111ffMWtl:1~t
:C. L~,.,.~Gro-;o~ &-..L~.,..;,..
~ O'f~OM-TMt,..$4.1 . ''..~tj! ( [,,.,.\IW AC(~)RPINC, i OWl. A ; I !' F'
12. All p~an~ to hi:: r lnntcd utUt otguuu: l~ilVcr inocull:l.L.:d \ \ Jill apJ~(lprillk
1~c L~,.,..-. ... ,~.o\:~--.,. ~l_5w.-.Tu Q a.-YJM~~ ... ~.~ r -HMtN
,, ~!.L..f:..
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1ti)'Cllf11n 7UC. .... Vaw~. . ~
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... , 1

OCT 21 2016
'i f ._:>1\-11N !'\ ; '" ..- ~.- ;. ~( 1-.

k.o"'
\';...._.::;-.t.p"-1--~
City of Carmel-by-the-Sea
...
'- """""'~ 1.r <>MIN Planning & Building Dept.
Sheet: L-:

74

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