COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

February 1, 2002

BOARD MEETING DATE:

February 26, 2002

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Driveway Encroachment Agreement - Jay John and Michele S. Breuner - Emerald Lake Hills Area

 

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an agreement with Jay John and Michele S. Breuner (the Breuners) to allow a non-standard driveway to remain within the Sylvan Way right-of-way until that portion of the right-of-way is needed for public purposes.

 

2.

Direct the Clerk of the Board to record the agreement after execution.

 

Key Facts

1.

The Breuners have requested that their driveway be allowed to remain in the public right-of-way and have agreed that they will be responsible for reconstructing the non-standard driveway at their expense should it become an impediment to the exercise of County's rights to use the Sylvan Way right-of-way.

 

2.

The Department has no immediate plans to widen Sylvan Way as the Community Plan for the area provides that road widening will not be done unless requested and paid for by the property owners adjacent to the specific road.

 

Discussion

The Breuners applied for a building permit to construct a detached garage on their property and to retain the existing driveway which extends further into the Sylvan Way right-of-way than allowed by our road standards. However, as stated in Key Facts above, no improvement to Sylvan Way is proposed and the current driveway is not an impediment to the public's use of the existing road.

 

A proposed form of resolution and agreement have been approved by County Counsel and the Breuners have executed the agreement.

 

Vision Alignment

We believe our recommendation is consistent with Goal Number 20, "Government Decisions are Based on Careful Consideration of Future Impact, Rather than Temporary Relief or Immediate Gain," of the Shared Vision Commitment of a "Responsive, Effective and Collaborative Government;" as the proposed agreement will allow the property owner to retain their existing driveway until such time as the public needs the area and requires the property owner to finance and remove or relocate their driveway at that time.

 

Fiscal Impact

There is no impact to the General Fund or any other fund of the County by your Board authorizing execution of the proposed agreement.