HomeMy WebLinkAboutAgenda Report - October 3, 2007 E-09AGENDA ITEM
CITY OF LODI
,. COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Improvement Deferral Agreement for
975 South Fairmont Avenue
MEETING DATE: October 3,2007
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the attached Improvement Deferral
Agreement for 975 South FairmontAvenue and authorizing the
City Manager and City Clerk to execute the agreement on behalf of
the City.
BACKGROUND INFORMATION: The owner, Lodi Memorial Hospital Association, Inc., has submitted a
building application (819401) to construct site work for the hospital
expansion project. Installationof a traffic signal on Ham Lane at the
intersection of the new hospital main entrance and Lodi Middle School
parking lot driveway is required under the terms of the use permit approved by Resolution No. P.C. 07-06.
The owner is desirous of complying with the conditions of the use permit and existing City ordinances
and policies regarding off-site improvement as set forth in Title 15, Chapter 15.44 of the Lodi Municipal
Code. However, the owner has requested final inspection for the subject building permit prior to
installation of the required off-site traffic signal. Based on the existing traftic volume and past practice in
similar situations, staff feels this is a reasonable request.
The owner has signed an Improvement Deferral Agreement and paid the necessary document
preparation and recordingfees. The agreement, in part, states that the City will monitorthe traffic
condition on Ham Lane at the intersection of the hospital main entrance and Lodi Middle School
driveway, At the request of the City, the owner will pay for and complete the design and installation of
the required traffic signal improvements.
Staff recommends approval of the Improvement Deferral Agreement
FISCAL IMPACT: There will be minortraftic monitoring costs.
FUNDING AVAILABLE: The developer will pay all signal costs
AALi
Richard C. Prima,
Public Works Directo
Prepared by: Lyman Chang. Senior Civil Engineer
RCPILCIpmf
Attachment
cc: Lodi Memorial Hospital
Senior Civil Engineer—Welch
Senior Traffic Engineer
APPROVED
Blair Kinfy Manager
KIWPIDEV SERV1GLodi Memorial Imp DefAgmt doc
911312007
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
975 S. Fairmont Avenue
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to
as "City" and LODI MEMORIAL HOSPITAL ASSOCIATION, INC., a Non-profit California Corporation,
hereinafter referred to as "Owner".
RECITALS:
Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, and
described as follows:
Parcels `B", "C", "D", and "E" as shown on the parcel map filed on October 12, 1984, in Book 13 of Parcel
Maps, at Page 22, San Joaquin County Records.
A building permit (#19401) has been issued for site work preparation for the expansion of Lodi Memorial
Hospital. Owner is required as a condition of building permit approval and under the terms of the use
permit approved by Resolution No. P.C. 07-06 to install a traffic signal on Ham Lane at the intersection of
the main hospital entrance and Lodi Middle School parking lot driveway. Owner is desirous of complying
with the conditions of the use permit and existing City ordinances and policies regarding off-site
improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. However, Owner has
requested final inspection for the subject building permit prior to installation of the required off-site traffic
signal.
Council of the City will approve the final inspection on condition that the owner first enters into and
executes this agreement with the City.
NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's obligations under
said city Code, the parties agree as follows:
1. Owner will pay for and complete the design and installation of the traffic signal on Ham Lane at the
interection of the main hospital entrance and the Lodi Middle School parking lot driveway upon written
request by the City.
2. The Public Works Department shall monitor the intersection of Ham Lane at the intersection of the
hospital main entrance and the Lodi Middle School parking lot driveway to determine when traffic
signal installation is required.
3. If Owner fails to initiate and complete the required improvements within 180 days of written request by
the City, the City is hereby authorized to complete the improvements for the account at the expense of
Owner, and may file suit against Owner, its heirs, successors or assigns for the costs incurred, as well as
for a reasonable sum to be allowed as and for the City's attorney fees incurred in connection with such
litigation for the collection of the monies due or may file a lien against said property for the costs
incurred.
K:\WP\DEV_SERV\CLodi Memorial Imp Def Agmt_Attachment.doc
4. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns.
5. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records, P. O. Box
1968, Stockton, California 95201-1968.
6. All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to City shall be addressed as follows:
Richard C. Prima, Jr.
Public Works Director
City of Lodi
P. O. Box 3006
Lodi, CA 95240-1910
Notices required to be given to Owner shall be addressed as follows:
Lodi Memorial Hospital
975 S. Fairmont Avenue
Lodi, CA 95240
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing
opposite their names.
CITY OF LODI, a Municipal Corporation
Dated: 2007 By:
Dated: 2007
Approved as to form:
Blair King, City Manager
Attest:
Randi Johl, City Clerk
Lodi Memorial Hospital Association, Inc.
D. Stephen Schwabauer
City Attorney
Dated: 2007
K:\WP\DEV_SERV\CLodi Memorial Imp Def Agmt_Attachment.doc 2
RESOLUTION NO. P.C. 07-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING
THE REQUEST OF LODI MEMORIAL HOSPITAL FOR A USE PERMIT TO CONVERT SIX
RESIDENTIAL PARCELS LOCATED AT 1201,1139,1133, 1127,1121, AND 1115
CARDINAL STREET (APN: 031-080-02,031-080-03,031-080-04,031-080-05,031-080-06,
031-080-07, RESPECTIVELY) (PROJECT FILE 07-U-02).
WHEREAS,
the applicant, Lodi Memorial Hospital, has requested a Use Permit to expand
their existing parking lot on 6 residential lots zoned R-2, Single Family
Residence; and
WHEREAS,
the Planning Commission cf the City of Lodi has heretofore held a duly
noticed public hearing, as required by law, on the requested Use Permit, in
accordance with the Lodi Municipal Code, Section 17.72.070; and
WHEREAS,
the project proponent is Lodi Memorial Hospital, 975 South Fairmont Avenue
Lodi, CA 95241; and
WHEREAS,
the property owner is Lodi Memorial Hospital, 975 South Fairmont Avenue
Lodi, CA 95241; and
WHEREAS,
the project area is located at 1201, 1139, 1133, 1127, 1121, and 1115
Cardinal Street; and
WHEREAS,
the properties are zoned R-2, Single Family Residence and have a General
Plan land use designation of LDR, Low Density Residential; and
WHEREAS,
the Lodi Municipal Code allows residential properties to be used for parking
for an adjacent use subject to a use Permit; and
WHEREAS,
all legal prerequisites to the adoption cf this Resolution have occurred; and
WHEREAS,
the proposed Use Permit is consistent with all zoning and General Plan
standards; and
WHEREAS, the proposed project will support the Hospital expansion plan involving a
Rezoning of the entire 17.56 Area hospital campus, but is not dependent on
the said project; and
WHEREAS, The project is found to be categorically exempt according to the California
Environmental Quality Act, Article 19 $15332, Class 32. The project is
exempted by CEQA as an "In -Fill Development Project". The project is
consistent with the applicable General Plan designation and all applicable
General Plan policies as well as with applicable Zoning designation and
regulations. The proposed development occurs within City limits on a project
- site cf no more than five acres substantially surrounded by urban uses..The
project site has no value as habitat for endangered, rare or threatened
species. Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality. The site can be
adequately served by all required utilities and public services. No significant
impacts are anticipated and no mitigation measures have been required.
Based upon the evidence in the staff report and project file, the Planning Commission of the
City of Lodi makes the following findings:
1. The proposed use will be consistent with all applicable goals, policies and standards of
the City's adopted General Plan Policy Document.
2. The proposed use is consistent with the Zoning Ordinance.
r
3. The proposed use will not be detrimental to the health, safety or general welfare of
persons residing or working in the neighborhood or be detrimental or injurious to the
health, safety, peace or general welfare of the City.
4. The proposed use will provide needed off-street parking for the Hospital and, therefore,
provide a benefit to the surrounding area.
5. The proposed parking expansion provides a current benefit to the area now and also will
support the pending planed hospital expansion, but is not dependent on the Hospital
expansion.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission
of the City of Lodi that Use Permit 07-U-02 is hereby approved, subject to the following
conditions:
Community Development Department, Planning:
1. The developer will defend, indemnify, and hold the City, its agents, officers, and
employees harmless of any claim, action, or proceeding to attack, set aside, void, or
annul this permit, so long as the City promptly notifies the developer of any claim, action,
or proceedings, and the City cooperates fully in defense or the action or proceedings.
2. The proposed surface parking on the new parcels shall be subject to setback and all
otherzoning code requirements
3. The applicant shall submit the location, design, and material of the 6 -foot high screen
wall to the Community Development Department for review and approval prior to
issuance of a Building Permit.
4. To the extent feasible, the architecture of the proposed 6 -foot high screen wall shall
compliment the surrounding neighborhood. The elevation will be reviewed as a part of
the building permit process.
5. The applicant shall submit a landscaping and irrigation system plan to the Community
Development Departmentfor review and approval.
6. Onsite parking shall be constructed to meet City of Lodi's parking standards and meet
the City's required parking stall dimensions.
Communitv Development Department, Buildins:
7. The existing homes on Cardinal Street shall be demolished under the terms of
demolition permits to be issued by the City of Lodi Building Division.
Public Works Department, Engineerinq:
8. A lot merger needs to be completed to join the parcels on Cardinal Street with the
existing hospital parcel to allow construction of the proposed parking lot.
9. The existing homes on Cardinal Street shall be demolished under the terms of
demolition permits to be issued by the City of Lodi Building Division. Existing water and
wastewater services for the homes shall be abandoned by City crews at the owner's
expense in conjunction with the demolition operations.
10. Submit civil site, utility and drainage plans for review and approval by the Public Works
Department.
11. The main hospital driveway on Ham Lane and all other proposed hospital driveways
shall be special commercial driveways conforming to Standard Plan 111. All driveways
shall be fully compliant with ADA standards. All unused driveways shall be removed and
replaced with curb, gutter and sidewalk in conformance with City standards.
12.All drainage shall be collected on site and discharged to the public storm drain system in
conformance with City standards. The drainage in the landscaped area adjacent to the
hospital parking lot expansion needs to be addressed on the plans.
13.All existing overhead utilities in the southern portion cf the project site shall be placed
underground.
14. Based on the Trip Generation Analysis and Assessment cf Ham Lane Driveway
Configuration for the Proposed Lodi Memorial Hospital Expansion prepared by Fehr &
Peers, the following improvements are required:
a. Lodi Middle School improvements.
i. The Lodi Middle School driveway on Ham Lane shall be reconfigured to
provide a single inbound and outbound special commercial driveway that
is aligned with the proposed main hospital driveway and conforms to
Standard Plan 111. To reduce congestion at the driveway, separate left
and right -turn outbound lanes shall be provided. Unused driveways shall
be removed and replaced with curb, gutter and sidewalk in conformance
with City standards.
ii. The parking lot circulation layout shall be reconfigured to improve on-site
pick-up/drop-off operations at the school. The primary pick-upldrop-off
should be designated as far west as possible as shown on Figure 4 in the
Fehr& Peers report.
iii. Upgrade school signage on Ham Lane.
iv. School signage on Ham Lane modifications to the Middle School parking
lot and driveway shall be to the approval of the Public Works Department.
b. Installation of a traffic signal on Ham Lane at the intersection of the main hospital and
school parking lot driveway is required. The Public Works Department is willing to
defer the installation of the traffic signal under the terms cf an improvement Deferral
Agreement. The intersection shall be monitored annually by the Public Works
Department. The improvement deferral agreement shall stipulate that the traffic
signal be installed at the owner's expense when requested by the City.
15. Submit engineered improvement plans and estimate per City Public improvement
Design Standards for all public improvements. Plans shall include improvements to be
made to the Lodi Middle School parking lot and driveway.
16. Submit copy of Notice cf Intent for NPDES permit, including storm water pollution
prevention plan (SWPPP).
17. An encroachment permit issued by the Pubic Works Department is required for all work
-ire the nu_b __fight-of=way. _Payment of the followingfee�uired prior to issuance of
the permit:
a. Filing and processing fees and charges cf services performed by City forces per
the Pubic Works Fee and Service Charge Schedule.
b. improvement Deferral Agreement preparation fee.
c. Development Impact Mitigation Fee per the Public Works Fee and Service
Charge Schedule prior to issuance. Credit will be applied for existing
development on the site.
d. Wastewater capacity impact fee. Credit will be applied for existing development
on the site.
e. Regional Transportation Impact F e e (RTIF).
Electric Utilities Department:
18.The applicant shall submit a disconnect request to the Finance Department for the
removal of the overhead services.
Dated: February 28, 2007
I hereby certify that Resolution No. 07-06 was passed and adopted by the Planning
Commission of the City of Lodi at a regular meeting held on February 28, 2007, by the
following vote:
AYES: Commissioners:�'�
NOES: Commissioners: —
ABSENT: Commissioners:-Wkl
ABSTAIN: Commissioners: ---
ATTEST.
SECRETARY, PVANNING COMMISSION
RESOLUTION NO. 2007-196
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING IMPROVEMENT DEFERRAL AGREEMENT
FOR TRAFFIC SIGNAL IMPROVEMENTSAT
975 SOUTH FAIRMONT AVENUE
BE IT RESOLVED that the Lodi City Council hereby approves the
Improvement Deferral Agreement between the City of Lodi and Lodi Memorial Hospital
Association, Inc., for traffic signal improvements at 975 South Fairmont Avenue, Lodi, on
file in the office of the City Clerk; and
BE IT FURTHER RESOLVED that the City Manager and City Clerk are
hereby authorized to execute the agreement on behalf of the City of Lodi.
Dated: October 3, 2007
hereby certify that Resolution No. 2007-196 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held October 3, 2007, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Katzakian, Mounce,
and MayorJohnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
QA �IJOHL
City Clerk
2007-196
CITY COUNCII
BOB JOHNSON, Mayor
JOANNE L. MOUNCE
Mayor Pro Tempore
LARRY D. HANSEN
SUSAN HITCHCOCK
PHIL KATZAKIAN
Lodi Memorial Hospital
975 S. Fairmont Avenue
Lodi. CA 95240
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209] 333-6710
EMAIL pwdept@lodi.gov
http:kkwww.lodi.gov
September 28, 2007
BLAIR KING
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD Q PRIMA, JR.
Public Works Director
SUBJECT: Adopt Resolution Approving Improvement Deferral Agreement for
975 South Fairmont Avenue
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, October 3, 2007. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at 333-6702.
If you have any questions about the item itself, please call Lyman Chang,
Senior Civil Engineer, at 333-6800, extension 2665.
Richard C. Prima, Jr.
-Gr ! Public Works Director
RCPlpmf
Enclosure
cc: City Clerk
NC=I MEMORIAL IMP DEF AGMT.DOC