Title
PETTEY FAMILY TRUST ENCROACHMENT (PA2024-0067)
Site Location: 521 Larkspur Avenue
Recommendation
Summary:
A request to waive City Council Policy L-6 to retain existing and construct new non-compliant private improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl fencing encroaching up to 6-feet and 2-foot 6-inches, respectively, within the 50-foot wide Third Avenue public right-of-way. The Third Avenue right-of-way is approximately 10 feet from face of curb to the property line. City Council Policy L-6 prohibits the existing and proposed new vinyl fencing to a 1-foot projection into the right-of-way and limiting encroachments to 36-inches maximum.
Recommended Actions:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing and construct new non-compliant private improvements consisting of 3-foot-tall and 6-foot-tall vinyl fencing that encroach into the Third Avenue public rights-of-way, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and
3. Adopt Resolution No. PC2024-009 waiving City Council Policy L-6 and approving Encroachment Permit No. N2024-0154.