HomeMy WebLinkAboutAgenda Report - August 21, 1991 (83)OF °o
CIT( OF LORI @NWIL cOMMUNUT19N.
P
c�CtFpA�'�
AGENDA TITLE: Public Access to the Mokelumne River
MEETING DATE:
PREPARED BY:
August 21, 1991
City Attorney
RECOMMENDEO ACTION: Report as requested by Council on August 7,
1991.
BACKGROUND INFORMATION: Questions have recently arisen concerning the
availability of public access to the
Mokelumne River within the City of Lodi and
the City's obligation to afford such access.
Research reveals the following:
Government Code Section 66478.4, effective in 1975, states:
"(a) lib local agency shall approve either a tentative or
final map of any proposed subdivision to be fronted upon
a public waterway, river or stream which does not
provide, or have available, reasonable public access by
fee or easement from a public highway to that portion of
the bank of the river or stream bordering or lying within
the proposed subdivision."
This 'law modified previous statutes
access to waterways was not required.
land adjacent to the waterways) had
cases.
on access, Prior to that, public
Riparian owners (those who owned the
complete control of access in most
Some development along the Mokelumne predates Government Code Section
66473, such as the Willow Glen project. As such, no public access was
required for approval. However, the Lodi Lake Park "Wilderness Area" is
adjacent so there actually is access abutting the development.
APPROVED: T
THOMAS A. PETERSON ..w+.'..-
` City Managor
"ubl is Access to the i.,-Kelumne River
August 21, 1991
Page Two
Only two other major subdivisions along the river have been built since
Government Code Section 66478 became law; Rivergate, in 1976 and Mokei unine
Village beginning in 197 Publ ; c access to the river was originally
dedicated through the Rivergate development, but after a time, it was
believed that the public was not using the access, and so the easement was
relinquished in 1980 at the request of the owners.
For reasons not entirely clear to me, no access dedication was required of
the Mokelumne Village project. Although I have not seen all documentation
concerning relevant maps and approvals, I suspect it may have been that
access by way of the City's Scenic Overlook site was viewed as adequate
since it was immediately adjacent to the Mokelumne Village project.
Relevant to such situations, Government Code Section 66478.8 states:
"Nothing in Section 66478.1 throigh 66478.10 of this
article shall require a local agency to disapprove either
a tentative or final map solely on the basis that the
reasonable public access otherwise required . is not
provided .... if the local agency makes a finding that
such reasonable public access is otherwise available
within a reasonable distance from the subdivision."
Presently, there is public access to the river at Lodi Lake Park although
regulations may restrict the type of uses allowable. There is no publicly
owned access available on the east side of town. Althotigh the City still
has the Scenic Overlook, it is fenced as a precaution because soluble lead
has been found in the soil there. I hasten to add that there i s a
monitoring well on site which shows that the lead is not migrating toward
the river, but it still may not be prudent to allow public access through
this parcel at pros ?nt.
The only remaining piece of undeveloped land on the south bank of the river
within the city 'limits is the site of the former Community Winery (United
Vintners). It is assumed that when and if this is proposed for
subdivision, public access under Government Code Section 66478.4 will be
required.
Any other public access point desired by the City at present would probably
have to be acquired by purchase or condemnation.
FUNDING: Not applicable.
'`KJ
Bob M,:Tvatt
City Attorney
BM/VC
MOKH I VER/TXTA .01V