COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

November 30, 2004

BOARD MEETING DATE:

December 14, 2004

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Driveway Encroachment Agreement - 412 Upland Road - Oak Knoll Manor - Redwood City Area

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an agreement with Forest Preston III (Preston) to allow a non-standard driveway to remain within the Upland Road 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.

Preston has requested that his driveway be allowed to remain in the public right-of-way and has agreed that he will be responsible for reconstructing the non-standard driveway at his expense should it become an impediment to the exercise of County’s rights to use the Upland Road right-of-way.

2.

The Department has no immediate plans to widen Upland Road 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

Preston applied for a building permit to construct a new home on his property and to retain the existing driveway which extends further into the Upland Road right-of-way than allowed by our road standards. However, as stated in Key Facts above, no improvement to Upland Road is proposed and the current driveway is not an impediment to the public’s use of the existing road.

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 his existing driveway until such time as the public needs the area, and requires the property owner to finance and remove or relocate the 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. A proposed form of resolution and agreement has been approved by County Counsel and Preston has executed the agreement.