A Carmel Resident: “It is tragic, really tragic, that the city has not learned to follow policies, rules, guidelines, ordinances..."

ABSTRACT: On or about Tuesday, August 14, 2007, a Carmel resident saw a new residential construction building site at Casanova & 12th Av., S.E. corner, with the roots of two mature Monterey Pine trees “savagely hacked off.” A retrospective analysis of the city’s design review process showed Acting City Forester Mike Branson’s failure to conduct a preliminary site assessment per Municipal Code, Chapter 17.58, DESIGN REVIEW; Assistant Planner Nathan Schmidt’s failure to include “significant trees” and a basement in his staff report for Donald & Jenny Rose’s Design Study (Concept), Demolition Permit and Coastal Development Permit applications; and Planning Services Manager Brian Roseth’s comment, “This is not an isolated situation.” Needless to say, the confounded Carmel resident remarked, “It is tragic, really tragic, that the city has not learned to follow policies, rules, guidelines, ordinances but continued to make errors.”

New Residential Construction Site, Casanova & 12th Av., S.E. Corner
View of Two "Significant" Monterey Pine Trees on Site


New Residential Construction Site, Casanova & 12th Av., S.E. Corner
Monterey Pine Trunk approximately 2’ from basement wall
All buildings and structures will be setback a minimum of 6 feet from significant trees. (LUP)


New Residential Construction Site, Casanova & 12th Av., S.E. Corner
Monterey Pine Trunk approximately 2’ from basement wall
All buildings and structures will be setback a minimum of 6 feet from significant trees. (LUP)

CITY OF CARMEL-BY-THE-SEA
DESIGN REVIEW BOARD
MINUTES
Regular Meeting
December 20, 2006

VII. PUBLIC HEARINGS

1. DS 06-111
Donald & Jenny Rose
SE corner Csanova & 12th
Block 134, Lot(s) 2

Consideration of Design Study (Concept), Demolition Permit and Coastal Development Permit applications for the demolition of an existing residence and the construction of a new residence located in the Single Family Residential (R-1) District

Nathan Schmidt, Assistant Planner presented the staff report. Chairman Paterson opened the public hearing at 4:38 p.m. Don Rose appeared before the Board. There being no other appearances the public hearing was closed at 4:44 p.m.

Board member Bell moved to approve the Design Study with special conditions as follows:

SPECIAL CONDITIONS:

1. The applicant shall install unclad wood windows or the Marvin brand clad windows as presented by the applicant.

2. The proposed plaster wall shall be lowered to no more than three feet in height.

Seconded by Board member Reimers and carried by the following roll call vote:

AYES: Board members: Bell, Reimers, and Chairman Paterson
NOES: None
ABSENT: Board members: LePage
ABSTAIN: Sharp

On or about Tuesday, August 14, 2007, a Carmel resident was walking home from a meeting in the village and saw a new residential construction building site at Casanova & 12th Av., S.E. Corner with the roots of two mature Monterey Pine trees “savagely hacked off.”

A review of the agenda packet for the Rose’s Design Study (Concept), Demolition Permit and Coastal Development Permit applications showed no reference to a basement, nor any reference to significant trees on the site. Yet the Municipal Code, Chapter 17.58 DESIGN REVIEW states unquivocally the proper process for a residential design study, including Step One: Preliminary Site Assessment. A Preliminary Site Assessment is to be conducted “prior to the submission of design concept plans for any project that will require grading within six feet of any tree classified by the City Forester as ‘significant’ or ‘moderately significant;’" and “any project involving tree removal or requiring significant cuts to the roots or limbs of any tree classified by the City Forester as ‘significant’ or ‘moderately significant.’” Moreover, the City Forester must conduct a review, as follows:

City Forester Review. During the site visit the Forester shall review all trees on-site, in the adjacent right-of-way, and those which significantly overhang the site from adjacent properties. The Forester shall annotate the survey regarding the following:

i. The species, approximate drip line and state of health of each tree;

ii. Each tree shall be classified as to its significance to the urbanized forest based on its species, health and condition, size, form, character, age and location. Classifications used shall be significant, moderately significant and not significant; and

iii. For trees classified as significant or moderately significant the Forester also shall note important limbs that are low enough to encroach into potential building areas and areas where excavation or fill should be avoided to protect roots. Trees classified as significant shall be rated and documented using a standardized tree appraisal form.

Needless to say, when the Carmel resident contacted Acting City Forester Mike Branson, it became apparent that he had not visited the site, let only followed the Municipal Code and conducted a review on all trees on-site. Incredibly, his final comment was “Overall I think the process work well but we need to follow all of our procedures and use our resource effectively to keep this from occurring again.” Later, Acting City Forester Mike Branson’s comment was contradicted by Planning Services Manager Brian Roseth who admitted, “This is not an isolated situation.”

“It is tragic, really tragic, that the city has not learned to follow policies, rules, guidelines, ordinances but continued to make errors,” stated the Carmel resident about this most recent design review fiasco.

REFERENCES:
Chapter 17.58
DESIGN REVIEW

17.58.040 Residential Design Review.
The City has established two different residential design review tracks for projects in the single-family residential (R-1) district.
A. Residential District Track One Design Review.
2. Restrictions. Track one review shall be limited to projects that:
a. Do not require significant cuts to the roots or limbs of any trees classified by the City Forester as “significant” or “moderately significant”;

B. Residential Track Two Design Study.
Step One: Preliminary Site Assessment.
a. Applicability. A preliminary site assessment shall be conducted prior to the submission of design concept plans for the following:
iii. Any project that will require grading within six feet of any tree classified by the City Forester as “significant” or “moderately significant”; and
iv. Any project involving tree removal or requiring significant cuts to the roots or limbs of any tree classified by the City Forester as “significant” or “moderately significant.”

b. Submittal Requirements. The applicant shall submit two copies of a topographic survey prepared by a licensed surveyor or a civil engineer prior to submittal of design plans for design review. The survey shall document property boundaries, topographic contours, the location of all trees over two inches DBH, et cetera. The survey shall be reviewed with the applicant and/or representative in the field by the City Forester and by the Director.

c. City Forester Review. During the site visit the Forester shall review all trees on-site, in the adjacent right-of-way, and those which significantly overhang the site from adjacent properties. The Forester shall annotate the survey regarding the following:
i. The species, approximate drip line and state of health of each tree;
ii. Each tree shall be classified as to its significance to the urbanized forest based on its species, health and condition, size, form, character, age and location. Classifications used shall be significant, moderately significant and not significant; and
iii. For trees classified as significant or moderately significant the Forester also shall note important limbs that are low enough to encroach into potential building areas and areas where excavation or fill should be avoided to protect roots. Trees classified as significant shall be rated and documented using a standardized tree appraisal form.


G E N E R A L P L A N
and Local Coastal Plan

Selected relevant excerpts, as follows:

General Plan/Coastal Land Use Plan Land Use & Community Character
P1-44 Prohibit the removal of significant trees (as determined by the City Forester) unless it would prevent a reasonable economic use of the site or pose a threat to health and safety. Locate buildings and other site structures to avoid removal and pruning and otherwise minimize damage to existing significant trees. Avoid impacts to trees by avoiding/minimizing impacts to the root protection zone identified by the City Forester during the preliminary site assessment. Establish continuity of landscape elements throughout each neighborhood. Replace trees removed for construction with appropriate trees of the urbanized forest. Require that they be nurtured until well established. (LUP)

P1-45 All demolitions, rebuilds, remodels, and substantial alterations shall be consistent with the following findings:

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 and structures will be setback a minimum of 6 feet from significant
trees. (LUP)

General Plan/Coastal Land Use Plan Circulation Element
P2-8 Prohibit the removal of significant trees within public rights-of-way except when required for health and safety. (LUP)

General Plan/Coastal Land Use Plan Coastal Resource Management Element
P5-59 Avoid encroachment within the root protection zone of significant trees. Removal of significant live Monterey pine trees to facilitate residential development is prohibited unless necessary to provide a viable economic use or protect public health and safety. (LUP)

P5-182 Continue to ensure that development, whether commercial or residential, does not diminish the village character by excessively blocking important public views, private views or disturbing natural topography, significant trees, or native growth. (LUP)

P5-209 New development shall be sited and designed on the most suitable portion of the site while ensuring protection and preservation of natural and sensitive site resources by providing for the following:

Minimizing disturbance of natural areas, including significant trees, native vegetation, and root structures;