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File #: 21-0472    Version: 1
Type: Agenda Item Status: Approved
File created: 3/16/2021 In control: Board of Supervisors
On agenda: 4/6/2021 Final action: 4/6/2021
Title: Supervisor Hidahl recommending the Board consider an agreement to permit construction of a fence within the public right of way of Green Valley Road. FUNDING: N/A
Attachments: 1. A - Approved CRS, 2. B - Encroachment AGMT #20=54966, 3. C - EDH Noise Technical Report, 4. D - Contract and Fence Design, 5. Matter Summary
Title
Supervisor Hidahl recommending the Board consider an agreement to permit construction of a fence within the public right of way of Green Valley Road.

FUNDING: N/A
Body
DISCUSSION / BACKGROUND
Section 12.08.090 - Obstructions of the County Municipal Ordinances allows the Director of the Department of Transportation (Transportation) to permit construction of features/improvements within the public right of way. There are no specific guidelines as to what these may consist of, but Transportation’s “practice” has been:
a) That the obstruction must not present a health and safety issue to the traveling public,
b) They may not restrict the traveled way,
c) They should not be a visual obstruction, detraction or distraction,
d) The County will not maintain them

As Transportation staff encounter improvements being constructed within the County right of way, staff works with property owners to either move them out of the right of way or minimize the impacts. Transportation is aware that there are a whole series of encroachments such as Poor Reds, Camino Power and other buildings in older established communities such as Diamond Springs, El Dorado, Georgetown, Pollock Pines, that encroach into the County right of way and we have worked with the property owners to reduce these as much as possible, but have also executed agreements where the encroachment is acknowledged and the property owner holds the County harmless for any issues that might arise from the encroachment.

Mr. Basiri has requested to construct a wooden fence along a portion of Green Valley Road to reduce the perceived noise of vehicles traveling along Green Valley Road. His home is located approximately 200 feet from the roadway, but due to the creek/gulley between the road and his home, his home and roadway are located at approximately the same elevation. The option of installing a fence on his property that ...

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