Legislation Details

File #: 26-2201    Version: 1
Type: Discussion Status: Agenda Ready
File created: 9/17/2026 In control: City Council
On agenda: 10/6/2026 Final action: 10/6/2026
Effective date:    
Title: Appeal of the Denial of an Encroachment Permit at 38765 Clearbrook Drive
Attachments: 1. ATT 1 - Murrieta Informational Bulletin 229, 2. ATT 2 - Application for Encroachment Permit, 3. ATT 3 - Notice of Encroachment Permit Denial, 4. ATT 4 - Site Plan for Driveway Analysis, 5. ATT 5 - Notice of Appeal and its attachments, 6. ATT 6 - Resolution No. 26-4976
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: Bob Moehling, Public Works Director

PREPARED BY: Jeff Hitch, City Engineer

SUBJECT:
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Appeal of the Denial of an Encroachment Permit at 38765 Clearbrook Drive
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ABSTRACT
This item considers an appeal filed by Dennis Tarlecki regarding the City of Murrieta’s (City) denial of an encroachment permit to construct a second driveway apron within the public right-of-way at 38765 Clearbrook Drive. The proposed driveway would provide access to the side/rear yard for vehicle parking; however, the City determined that the location presents inadequate sight distance and could create a dangerous condition due to the roadway curvature. Staff recommends that the City Council deny the appeal and uphold the Department of Public Works and Engineering’s decision to deny the encroachment permit.

RECOMMENDATION
recommendation
Staff recommends the City Council deny the appeal and uphold the decision of the Department of Public Works and Engineering to deny the encroachment permit based on the findings discussed in this report; and

Adopt Resolution No. 26-4976 entitled: A Resolution of the City Council of the City of Murrieta, California Denying the Appeal of the Denial of an Encroachment Permit for A Second Driveway Apron at 38765 Clearbrook Drive and Upholding the Decision of the Department of Public Works & Engineering.

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PRIOR ACTION/VOTE
None.

STRATEGIC ALIGNMENT
This item aligns with the City Council to foster and promote an engaged, connected and caring community.

DISCUSSION
Recreational Vehicles (RVs) can generally be parked on residential private property, including in the side and rear yard, so long as they are screened by an approved fence or wall (Murrieta Informational Bulletin 229, Section II; Attachment 1). RVs cannot be stored within the front yard setback, including the driveway. Under Murrieta Municipal Code (MMC) Section 15.54.040, a property owner must obtain an encroachment p...

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