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<br />dence staff does not believe there that is need for eminent domain action to acquire any addi- <br />tional right-of-way from Leuthauser and Ketell. <br /> <br />Staff mailed a reduced copy of the proposed development plan showing the curvilinear align- <br />ment to all of the property owners living on both sides of Cameron Avenue. As of the writing of <br />this staff report, staff has not received any written or verbal comments pertaining the realigned <br />Cameron Avenue. However, staff understands that there is <br /> <br />Cameron Avenue Sidewalk <br /> <br />The applicant will construct a public sidewalk on the north side of Cameron Avenue from <br />Palmer Drive to Martin Avenue. As shown on the development plan, the sidewalk will be a <br />separated design across the entire project frontage and a monolithic design across the Hatch, <br />Leuthauser, and Ketell properties. The sidewalk will be five feet in width; will be separated <br />from the street curb/gutter by a five-foot wide landscape area increasing to 20 feet; and will be <br />located entirely within the public right-of-way. As conditioned, a homeowners association or <br />maintenance association composed of Lots 4 through 27 will maintain the public right-way-of <br />landscaping. <br /> <br />Constructing the sidewalk in front of the Leuthauser and Ketell properties will require reducing <br />the pavement width from 28 feet to 26 feet so that the sidewalk can be constructed entirely <br />within the street right-of-way and not encroach on their properties. Adequate street right-of-way <br />was set aside across the Hatch property to accommodate a monolithic design and maintain a 28- <br />foot street width. <br /> <br />During the last workshop, several neighbors stated that they were opposed to a sidewalk on <br />Cameron Avenue. They requested a wider street without a sidewalk because they felt that most <br />children ride their bikes to Mohr Elementary rather than walk, and that this would be preferable <br />since persons would not be allowed to ride their bikes on the sidewalk. As a result of this dis- <br />cussion, the City Attorney asked whether it is legal for persons to ride their bicycles on a public <br />sidewalk. <br /> <br />California Vehicle Code section 21200 provides that. <br /> <br />"every person riding a bicycle upon a highway has all the rights and is subject to <br />all the provisions applicable to the driver of a vehicle. " <br /> <br />California Vehicle Code section 555 states that the, <br /> <br />'''sidewalk' is that portion of a highway, other than the roadway, set apart by <br />curbs, barriers, marking or other delineation for pedestrian travel." <br /> <br />Item 6.e., PUD-50 <br /> <br />Page 16 of29 <br /> <br />June 28, 2006 <br />