HomeMy WebLinkAboutAGENDA REPORT 1989 0104 CC REG ITEM 11GMOORPARK
ITEM �• •
ELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tem
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
TO:
FROM:
DATE:
SUBJIECT :
MEMORANDUM
Honorable City Council
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
Phil Newhouse, Community Services Director
December 30, 1988
ENCROACHMENT P:E,RMIT FOR PLACEMENT OF
FENCE/WALL WITHIN CITY RIGHT-OF-WAY ALONG
PEACH HILL ROAD
Staff has been contacted by several residents of Peach Hill, Tract
2194-3 as to the possibility of relocating their rear yard fences onto
City right -of. -way. This request affects homes that front on
Laurelhurst Road between Rolling Knoll and the North/South leg of
Peach Hill Road. The rear yards of these homes abut Peach Hill Road.
When tract 2194-3 was originally developed., the rear yards of the
homes were enclosed by a 6' high ornamental wood fence which zig-zags
between. two rows of Eucalyptus trees. One of the homeowners, Mr.
Don Gallagher, 1.3543 E. Laurelhurst, would like to move his rear yard
fence beyond the eucalyptus trees so they are in his back yard.
Another homeowner, Mr. Steven Marothy, would like to build a new
.rear yard fence (slumpstone) beyond the eucalyptus trees; however,
Mr. Marothy would like to rernove the trees, not save them. Other
homeowners of this tract over the ,years have illegally moved their rear
yard fences onto the City right-of-zvay.
The existing fence in this area is unattractive. It has an extreme
alignment (meanders in and out greatly) and sections have deteriorated
to the point bracing has been required to keep it erect.
Staff has researched the area to see what conflicts would occur if: the
fence were to move northward. Utilities that: service the area are
.located in Laurelhurst Road or on the north side of Peach Hill Road.
The only utility in the south side area is Cable Television which is
within 3 feet of the sidewalk.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
Honorable City Council
December 30, 1988
Page 2
On the south side of Peach Hill Road there is a 5 foot sidewalk with
5 feet unimproved area adjacent to it.
Additionally, the City has a sixty foot (60') right-of-way, in this
area; forty feet curb to curb for travel and ten feet on each side (set
back) for sidewalk and landscaping.
If the homeowners are permitted to encroach onto the City
right-of-way the following items need be addressed:
1. Each homeowner must file an official encroachment permit
with the Community Development Department.
2. Comply with possible City Attorney's requirements concerning
potential City liability including but not limited to:
a. indemnify and hold the City harmless
b. co-insure City on homeowner and/or homeowner
association policy.
3. Fence to be maintained 100 o at homeowners expense, which
should include removal of graffitti.
4. Whether concrete/block or wood, the fence material along
Peach Hill Road should be one consistent material. The
Tract C, C & R's apparently require wood fence though
there has been deviation from this adjacent to the
north/south leg of Peach Hill Road. If possible a
concrete/block wall should be encouraged.
5. Some consideration should be given to the long term
maintenance and possible improvement of the 3-5 foot area
between the back of the sidewalk and edge of right-of-way.
6. Due to the location of the Cablevision facilities it appears
that if the wall/fence are allowed to be relocated such
should be located only on the back two feet of the ROW
unless the Cable Company concurs there is no conflict with
their facilities.
The City must also consider the potential City wide impact of this
issue. There are any number of existing encroachments that do
not have City approval. I understand the Council previously
considered such non -approved encroachments but tabled the matter.
Staff Recommendation:
Direct staff as deemed appropriate
Attachments:
PN/ls
DCM.8812291
MOORPARK, CALIFORNIA
City Council Meeting
of / - # 1
ACTION:
Bye
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C�CL�QI �-(1��/1I IRAGT Z l 1 �/' j BOOK v��� PACE �O�
Section 6. Dispute. In the event of a dispute between owners with
respect to the repair or rebuilding of a party wall or with respect to
the sharing of the cost thereof, then, upon written request of one of
such owners addressed to the Association, he matter shall be submitted
to its Board of Directors who shall decide the dispute, and the decision
of its Board of Directors shall be final and conclusive upon1he parties.
ARTICLE IX
ARCHITECTURAL CONTROL
Section 1.• Architectural Approval. No building, fence, wall or
other structure shall be commenced, erected, or maintained upon the
properties, nor shall any exterior addition to or change or alteration
therein, including patio covers and exterior antennas, be made until the
plans and specifications showing the nature, kind, shape, height, materials
and location of the same shall have been submitted to and approved in writing
as to harmony of external design and location in relation to surrounding
structures and topography by the Architectural Committee provided for in
Section 2 hereof. In the event said Committee, or its designated rep-
resentatives, fails to approve or disapprove such design and location within
thirty (30) days after said plans and specifications have been submitted
to it, approval will not be required, and this Article will be deemed
to have been fully complied with.
Section 2. Appointment of Architectural Committee. The Declarant
shall initially appoint the Architectural Committee, consisting of not
less than three (3) members, who shall remain in office until: (1) five
(5) years from the date of recording of this Declaration; or (b) ninety
per cent (90%) of the lots in the existing properties and the lots in
tracts annexed hereto, pursuant to Section 2 of Article II hereof, have
been conveyed, whichever shall first occur. From and after such time
or event, as the case may be, the Architectural Committee shall be
composed of the Board of Directors of the.Association or by three (3)
or more representatives appointed by the Board, who need not be members
of the Association. In the event of the death or resignation of any
member of the Committee prior tothe time when the Board of Directors
of the Association is vested with authority, the. Declarant shall have
the right to appoint such member's successor.
ARTICLE X
DUTIES AND POWERS OF THE ASSOCIATION
In addition to the duties and powers enumerated in its Articles of
Incorporation and By -Laws, or elsewhere provided for herein, and without
limiting the generality thereof, the Association shall:
(a) Own, maintain and otherwise manage all of the common areas and
all facilities, improvements and landscaping thereon, and all other
property acquired by the Association.
(b) Pay any real and personal property taxes and other charges
assessed against the common areas.
(c) Have the authority to obtain, for the benefit of all of the
lots and common areas, all water, gas and electric service and refuse
collection.
(d) Grant easements where necessary for utilities and sewer
facilities over the common areas to serve the common areas and the lots.
(e) Maintain such policy or policies of insurance as theBoard of
Directors of the Association deems necessary or desirable in furthering
the purposes of and protective the interests of the Association and its
members. -7
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