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 City of Hermosa Beach --- 05-25-99
APPEAL OF THE PUBLIC WORKS DEPARTMENT DENIAL OF AN ENCROACHMENT PERMIT - 2150 CIRCLE DRIVE
Recommendation:
It is recommended that the City Council order the property owner of 2150 Circle Drive (Mr. Michael Mulligan) to remove the newly erected 6-foot high wood fence on the Monterey Boulevard right of way.
Background:
On April 21, 1999, Mr. Mulligan appealed the decision of the Public Works Director and requested to be heard by the City Council.
On April 13, 1999, the Public Works Director rejected the encroachment permit application and informed the property owner to remove the 6 foot fence in the encroachment area and informed the applicant that he has the right to appeal the Public Works Director's decision to the City Council.
Mr. Mulligan recently built his single family home at 2150 Circle Drive along with a 6 foot high replacement wood fence on Monterey Boulevard, adjacent to the back of the property. Mr. Mulligan was directed by the Public Works Inspector to apply for an encroachment permit.
On March 11, 1999, Mr. Mulligan submitted an application for an encroachment permit. The Public Works field inspection revealed that the fence height in the encroached area exceeds the encroachment guideline.
On March 30, 1999, the Public Works Department sent a letter to the property owner informing him to complete his permit application within 14 days and comply with the requirements of the permit height limit of 42 inches, Chapter 12.16 Encroachments, Section 12.16.080 Guidelines and Conditions for Approval, paragraph (3), sub paragraph a. of the Hermosa Beach Municipal Code.
The Public Works department does not require an encroachment permit application for encroachments in existence prior to May 15, 1996. An exception is if the primary structure on the property benefiting from the encroachment is being remodeled or reconstructed at a cost which exceeds 50% of the replacement cost of the existing structure.
Analysis:
The total area of encroachment is 700 square feet (Exhibit "A"). The proposed landscaped area is 700 square feet or 100% of the total area of encroachment which exceed the 1/3 landscaped requirement. The newly constructed 6 foot fence deviates from the established guideline set forth in Section 12.16.080, Chapter 12.16, Encroachments, as follows:
"Fences may be permitted provided a forty-two inch height is observed."
Because this encroachment deviates from established guidelines, the encroachment can only be granted with City Council approval, Chapter 12.16, Section 12.16.110, paragraph E. All other aspects of the proposed encroachment comply with the guidelines as set forth in the Hermosa Beach Municipal Code. Attached are letters from adjacent property owners opposing and in favor of the 6-foot fence and Mr. Mulligan's appeal to the City Council. Granting the proposed encroachment will not adversely affect the general plan of the City.
Alternatives:
1. Approve staff's recommendation with the above mentioned conditions. 2. Grant approval of the applicant's application by permitting the new fence to remain at its existing height of 6 feet.
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