REPORT TO COUNCIL
SUBJECT
Title
Action on an Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 3420 Warburton Avenue
Report
BACKGROUND
The owners of the single family home at 3420 Warburton Avenue, under the David L. Ham Living Trust, are requesting to install and maintain private improvements including a wrought iron fence with two vehicle gates within the public right-of-way fronting their property. On July 6, 2018, the owners received approval from the Community Development Department for a reasonable accommodation request to install a 4.5-foot high wrought iron fence. Staff reviewed the request and did not find any concerns with the improvements.
DISCUSSION
As the private improvements are proposed to be constructed in the public right-of-way, the attached agreement is required for the property owner to properly operate and maintain the improvements to the satisfaction of the City. In the event the improvements are ever required to be removed in the future, per the agreement, the property owners must remove them (or portions thereof) at their sole cost within sixty (60) days after written notification from the City.
ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301, "Existing Facilities", as the activity consists of minor alteration of existing public or private structures.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense. The owners are responsible for all construction and maintenance costs.
COORDINATION
This report has been coordinated with the City Attorney's Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 ho...
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