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Home My WebLink About1916 Broadway - Staff Report� CIFY OF BURLINGAME STAFF REPORT T0: HONORABLE MAYOR AND CITY COUNCIL DATE: MARCH 30, 1994 FROM: PUBLIC WORKS SUBMITTED BY APPROVED BY AGENDA ITEM # MTG. 7 D 4/4/94 sus�ecr: SPECIAL ENCROACHMENT PERMIT FOR A 6'-8" HIGH WOO�FENCE INSTALLATION IN PUBLIC RIGHT-OF-WAY - 1916 BROADWAY RECOMMENDATION• , It is recommended that Council approve the requested encroachment in accordance with the attached drawing and subject to the attached condition: 1. Modify the corner fence at the driveway to provide a 6' cut-off triangle area. (See attached plan.) BACKGROUND• The attached Special Encroachment Permit, drawing and pictures have been reviewed by staff. This fence has been constructed without any permits. It is measured at 6'-8" high and is located 13" from the back of the sidewalk (encroached 11" into the City's right-of-way) . The side fence is 2' from the driveway and it will� block the sight view of the driver when backing out from the garage. Staff recommends to cut-off 6' from each side of the fence corner to eliminate this potential hazard. There are no public utilities affected by this fence installation. There are a few similar wood fences in this area. Staff has no objection to this installation except the attached condition. The owner states that this fence is in the same location as the original fence. The owner does not want to provide the requested 6' cut-off area. The owner has been notified of this condition and may wish to speak to Council. EXHIBIT: Permit, Application, Pictures � i �1 �1 %� Donald T. Chang, P�. Associate Civil En ineer pa cc: City Attorney, City Clerk, Owner � WHEN RECORDED RETURN TO: CITY CLERK CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME CA. 94010 ENCROACHMENT PERMIT TO OWNER: Franco Spagnoletta 1916 Broadway Burlingame, CA 94010 March 30, 1994 (Date) In compliance with your request of March 25. 1994 and subject to all of the terms, conditions and restrictions set forth herein, permission is hereby granted to construct a 6�8" hi,gh wood. fence subiect to the attached condition• 1. Modifv the corner fence at the driveway to provide a 6' cut-off trianale area. AT 1916 Broadwav Lot 20, Block No. 35 - Easton Addition No 2 (Lot, block and stxbdivision or legal description) Assessor's Parcel No. 026-172-170 General Provisions 1. Definition; Revocabilitv. The term "encroachment" is used in this permit to mean any structure or object of any kind or character which is placed in, under, or over, any portion of the right-of-way of the City of Burlingame. This permit is revocable on fifteen (15) days notice. -1- ENCROACHMENT PERMIT 2. Acceptance of provisions. It is unde•rstood and agreed by the permittee that the doing of any work under this permit shall constitute an acceptance of the provisions. 3. No precedent established. This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within rights-of-way of the City of Burlingame. 4. Notice prior to starting work. Before starting work on which an inspection is required, or whenever stated on the face of this permit, the permittee shall notify the Director of Public Works or other designated employee of the City. Such notice shall be given at learst three (3) days in advance of the date work is to begin. 5. Permit on premises. This permit shall be kept at the site of the work and must be shown to any representative of the City, or any law enforcement officer on demand. 6. Protection of traffic. Adequate provision shall be made for.the protection of the public. All work shall be planned and carried out so that there will be the least possible inconvenience to the public. 7. Storage of material. No material shall be stored on the City right-of-way. 8. Clean up. Upon completion of the work, all brush,timber, scrap and material shall be entirely removed and the right-of-way left in as presentable a condition as before work started. 9. Standards of construction. Al1 work shall conform to recognized standards of construction. -2- ENCROACHMENT PERMZT 10. Supervision of city. All the work shall be done subject to the supervision of, and to the satisfaction of the City. 11. Future movin of installation. It is understood by the permittee that whenever construction, reconstruction or maintenance work on the right-of-way may require, the installation provided for herein shall, upon request of the City, be immediately removed by and at the sole expense of the permittee. 12. Liability for damages. The permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of failure on the permittee's part to perform his obligations under this permit in respect to maintenance. In the = event any claim of such liability is made against the City, or any department, officer, or employee there-of, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim. 13. Care of drainage. If the work herein contemplated shall interfere with the established drainage, ample provision shall be made by the permittee to provide for it as may be directed by City. 14. Location plan. Upon completion of the work under this permit, the permittee shall furnish a plan to the City showing location in detail. 15. Maintenance. The permittee agrees, by the acceptance of this permit, to exercise reasonable care to maintain properly an encroachment placed by it in the City right-of-way, and to exercise reasonable care in inspecting and immediately repairing and making good any injury to any portion of the right-of-way which occurs as a result of the maintenance of the encroachment in the -3- 0 ENCROACHMENT PERMIT right-of-way, or as a result of work done under�this permit, including any and all injury to the right-of-way which would not have occurred had such work not been done or such encroachment not placed therein. Maintenance shall include any damage that may be caused by roots of City trees. 16. Commencement of work. This permit shall be void unless the work herein contemplated shall have been completed before June 30, 1994. 17. Recordinct. This permit shall be recorded by the City Clerk with the County Recorder of the County of San Mateo. 18. This permit shall be binding on the heirs, successors and assigns of the parties hereto. 19. Sketch. See attached sketch (1). ACCEPTED: THE CITY OF BURLINGAME OWNER (S): BY: ATTACH NOTARY STATEMENT. F: \WP�FII,ES�IvIISG1ENCRPRMT.51 -4- SPECIAL ENCROACHIVIENT pERMIT AppLICATION � A.P. No. flZ6 - (�72 -I%0 Address of Proposed Encroachment_ � R�� j JZ ��,'� �,�/� � Lot No. ZD Block No. � Subdivision ��o� �¢pl'�4of.� 'ND 2 Applicant S�J� �e � 2�� Phone - b D (, � Address Best Time to Call owner _ ��,�„ p Phone ,� Address �� Best Time to Call Describe Encroachment (Attach additional pages & sketch if applicable) ,r, „ �� r � Give Reasons for Request Commercial, Multi-Family, Other, Fee: $25 Non Permanent, No Council Action $50 Permanent, Council Action Fee Paid: � l / � Date �-- 2.S �� Signed �2 � �,,, Owne s ) NOTE: This application for a Special Permit is to determine conditions of use only. An additional City Encroachment Permit fee and bond is required for any construction or other activity requiring additional inspection services. R Residential ee: �lo ia _<�� Initials D e Initials Date Reviewed By: Departmenti BY ; Date ❑ Parks ! � ❑ Water ; � ❑ Sewer � � ❑ Fire ; � i s �2 - � Department ! By i Date ❑ Planninct ! � ❑ Buildina ' � - i ❑ Enqineerinq� � ��u��zo�:y��a�iai� Date Memo to Mgr. Date Council Accepted Date Permit sent to owner Date owner signed Date sent to City Clerk Date of Recording Record No. Date Record Copy to Owner REF: ORDINANCE 1053 EFFECTIVE 1/1/76, CHAPTER 12.10 CITY CODE FIL,E: F:1WPSI�FILFS\FORMS\ENCRSPCL.APP , . , . . � , I --I- — - -- i _____ :...___. .-- --- ----- = ---- !� l ��- � AY . . � � ; ; ; i .. � � ' � _ � .-- - _ �x�� ----' -- -_ ; ; ' �r��w�� ; j �At�tZ _ ; � � � BRC)ADI�IA`( � ,;-- . ;. �1 T� I I .. I��CoM M�N'P�U #��Y�t. I.00A�tto.hl, f��MDY� G�' b� �A�N �il� ��tt�-(. ��h►G� -t0 L�V� �'-Z`o'�D�= b ��. =.�`"i��'PR.�fI�7� ��F�`�----- V I �Nf �DiZ 'C��iRlv �.; & ;�DAS'CW �,tS , � 4 x¢ co� Q�' �AutJ�`i o��.._..iA _< a I � � �' < - � J,.,�.. ._. 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