“In matters of style, swim with the current; in matters of principle, stand like a rock”
Parkland Encroachments
Background: The City has about 600 acres of deed restricted parkland that, under the City CC&Rs, can only be used for “public recreational use.” In addition, there are about 90 paths, alleys or lanes (collectively called “rights-of-way”) between houses that are not deed restricted but are covered by Municipal Code which mandates that they cannot be encroached upon. However, over the years, many homeowners have “annexed” adjacent public property for their own private purposes, including structures and dense vegetation to block public access and improve their privacy. In 2013, two residents documented over 90 of these encroachments and provided the City with photos and maps to aid in the enforcement efforts. Seven years later, about one quarter of these have been addressed but more have been added. The penalties for encroachments have been ineffective in deterring violations or forcing removal.
Question: How do you feel about this issue, and what (if anything) would you do as a City Council-member to address encroachments on parkland and rights-of-way?
Responses:
Gayne Brenneman
“GAYNE BRENNEMAN
”I would adhere to the 6 ‘Pillars’ of Good Government, (as exemplified by PVrrg):, and make decisions guided by:
Preservation of the original beauty, environmental health and quality of life envisioned by those who designed and built PVE, including:
• Conservation of aesthetically and culturally important man-made structures and landscape features.
• Conservation and protection of the natural environment.
• Maintenance of open spaces, trails and parklands and guaranteeing unimpeded public access thereto.
• Preservation and protection of the Covenants, Conditions & Restrictions (CC&Rs).
Achieving a balance between our commitments as custodians of the City versus:
• The rights and interests of individual residents, for example, protection of urban forests versus impairment of residential views, and/or
• The demands of progress, for example, technology improvements, (such as cell towers, versus their aesthetic impact).
• If this fails, I would apply stiffer financial penalties, over time, and not just on a ‘one-time’ basis.””
Sanford Davidson
“SANFORD DAVIDSON (incumbent)
(Councilmember Davidson declined to supply answers to any of the questions posed)”
Dawn Murdock
“DAWN MURDOCK
”I support removal of encroachments.
Historically, ordinances have been inconsistently enforced. Communication with residents has been inconsistent. Many residents may not know they have encroached or bought a property with existing encroachments. Residents need to know which encroachments and violations exist and what actions have been taken. There needs to be a fair and consistent set of rules and communication with follow-through. There needs to be a fair appeals process.
If Staff and Council are going to dedicate time and resources away from other priorities to create codes and ordinances, they should be enforced in a timely and consistent manner. This as-sumes the city has the staffing and legal financial resources for enforcement, which needs to be evaluated.
Staff recently presented Council with a plan for addressing encroachments. Council provided feedback on the need to prioritize encroachments, and modifications and clarification regarding the fee structure and timeline. I have not seen the modified plan incorporating Council’s requests. It is time to finalize the plan and put it into action.””
Jim Roos
“JIM ROOS
”Our Parklands are central to the character of Palos Verdes Estates and their preservation is essential to maintain our quality of life and support property values. The City should never attempt to sell Parklands and should vigorously enforce the removal of Parklands encroachments.
Right-of-way encroachments are subtly different. The City maintains a right-of-way in front of each home ranging from a few feet to 10 feet or more. The “fee” for this land belongs to the adjacent property owner and the City’s interest is limited to an easement for public purposes. City staff has enforced its “public works standards” on the right-of-way, but this policy has not been established by an elected body. Thousands of homes in our City are in technical violation of right-of-way encroachment. While I support the City’s efforts to achieve compliance, I do not support blanket enforcement without a review of the policy by City Council.””
Bill Sewell
“BILL SEWELL
”Encroachments on parklands or onto rights of way are governed by Municipal Code “12.04.020 Permit required. It shall be unlawful to erect, place, construct, establish, plant or maintain any structure, vegetation or object on public property or public rights-of-way without a permit issued by the public works director.”
Residents who encroach on public space whether parkland, right of way, or public spaces owned in fee by the City, should be given notice of the encroachment and be given a limited amount of time to correct it or obtain a permit from the public works director. If the person does not comply, they should be cited. If the court finds the person guilty, there should be escalating daily fines until the issue is corrected. The public works director, at his/her discretion, may suspend the escalating fines while the work is in progress.””