HomeMy WebLinkAboutAgenda Statement 1984/08/07 Item 8 COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 8/7/84
ITEM TITLE: Resolution /1 72/ Approving Encroachment Permit No. PE041
at 4421 Bonita Road
SUBMITTED BY: Director of Public Works/City Engineer 4/5ths Vote: Yes No x )
REVIEWED BY: City Manager K7e /
The owner of the Bonnie Brae Condominiums at 4421 Bonita Road has proposed the
upgrading of an existing carport along the frontage of the property. There is
an existing 5-foot-wide storm drain easement running along the westerly
property line from the front to the rear of the lot.
According to the applicant for this permit, the corner of the existing carport
encroaches into the easement approximately 2 feet. There is no current permit
for this encroachment. The owner has requested that the City issue the
subject permit in order to allow the modification to the carport to be
completed.
RECOMMENDATION: That the City Council approve the encroachment by adopting
the subject resolution and authorize the City Engineer to issue the permit.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On June 7 of this year, the architectural firm Buss, Silvers, Hughes &
Associates, acting as agents for the owner of the property at 4421 Bonita
Road, applied for a building permit to modify the existing carports on the
property. During the firm's plan preparation, it was discovered that the
existing carport was encroaching into the 5-foot-wide storm drain easement on
the west side of the property.
The easement was granted to the City in 1968 along with an additional
10-foot-wide easement on the westerly adjacent property. As a part of Gas Tax
Project No. 84, a 36"x22" corrugated metal pipe was installed along the
property line from Bonita Road to the City 's golf course property.
In 1973, a building permit was issued for the construction of the apartments
and carport which now occupies the site. The most southwesterly corner of the
carport was constructed within the City's easement. This encroachment extends
approximately 2 feet into the easement (see Exhibit A).
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Page 2, Item 8
Meeting Date 8/7/84
The modification plans currently being processed propose an additional
encroachment of 1 .2 feet into the easement. The footing is proposed to be
extended to accommodate the wall enclosure at the end of the carport. The new
portion of footing will not be located directly over the existing pipe. It is
our opinion that the placement of the structure as proposed will not be
detrimental to the City's storm drain pipe. However, we will include a
condition of approval that the owner will be responsible for the repair of any
damage which may occur as a result of this construction.
The encroachment permit form contains a hold harmless clause to protect the
City from any damages caused by the work. It also states that if for any
reason the encroachment must be removed, that the cost of removal will be
borne by the owner.
Based on the findings contained herein, it is recommended that the Council
approve the request for encroachment and authorize the City Engineer to issue
Encroachment Permit No. PE041 .
Slides are available for Council viewing.
JWH:fp/PE041
WPC 1124E