HomeMy WebLinkAboutAgenda Report - February 6, 1985 (73)REPCKM OF THE Agenda item K-1 - "Appeal of Mr. Dennis Jones regarding
CITY M41QAMZ sidewalk installation at 1020 Woodrow Street, Lodi", was
introduced by Public Works Director Ronsko.
REGULAR CALENDAR
APPEAL RE SIDE- Council was advised that on December 6, 1984, River City
WALK INSTALLATION Pools applied for a permit to construct a pool at 1020 Lloyd
AT 1020 MCUMV Street for Mr. and Mrs. Dennis Jones. The pool was valued at
STREET, LORI $12,900, and since it was over $12,500, was referred to the
Public Wnrks Department for evaluation under Sec. 5-19 et seq
of the Lodi Minicipal Code.
After determining that City sidewalk would be required under
the code and discussing the matter with Mr. Jones, we
researched other similar single family projects and
determined that they have either made the necessary
installation or deposited sufficient funds with the City to
guarantee the future. installation_.. ibis was explained to Mr.
Jones, and he was given the same options.
A building permit was issued on December 21, 1984, on the
basis that Mr. Jones would probably appeal the requirement,
and should he lose the appeal, he would install the necessary
sidewalk prior to completion and use of the pool.
The area is generally zoned R-2. At the present time, the
closest sidewalk is three parcels north, a distance of
api^oximately 135 feet. Installation would not require any
plant removal other than lawn, and does not appear to
adversely affect either the Jones parcel or the home on
either side.
W. Jones was in the audience and spoke on behalf of his
appeal. Council discussion followed with questions being
directed to Staff and to Mr. Jones.
On motion of Council Member Reid. Hinclmin second, Council
denied the appeal of Mr. Jo,tes regarding a sidewalk
installation at '1020 idoodrmv'Street, Lodi; however, allowed
Mr. Jones the option of depositing with the City. the amount
of money such an installation would cost; thereby allowing
the City to make such a sidewalk installation on the subject
parcel, when it deems it is appropriate to do so.
O
CITY OF LODIPUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: January 30, 1985
COUNCIL COMMUNICATION
4 SUBJECT: 1020 Woodrow Street
Sidewalk Appeal Background Information
On December 6, 1984, River City Pools applied for a permit to construct a pool at
fi 1020 Lloyd Street for Mr. and Mrs. Dennis Jones. The pool was valued at $12,900,
and. since it was over .$12,500, was referred to the Public Works Department for
is evaluation under Sec. 5-19 et seq of the Lodi Municipal Code, copy attached.
s
After determining that City sidewalk would be required under the code and discussing
S the matter with Mr. Jones, we researched other similar single family projects and
_ determined that they have either made the necessary installation or deposited
sufficient funds with the City to guarantee the future installation. This was
explained to Mr. Jones, and he was given the same options.
A building permit was issued on December 21, 1984, on the basis that Mr. Jones
would probably appeal the requirement, and should he lose the appeal, he would
install the necessary sidewalk prior to completion and use of the pool.
The area is generally zoned R-2. At the present time, the closest sidewalk is
three parcels north, a distance of approximately 135 feet. Installation would not
require any plant removal other than lawn., and does not appear to adversely affect
either the Jones parcel or the home on either side.
L. Ronsko
(,!ac
ub is Works Director
Attachment
JLR/cag
APPROVED: FILE NO.
HENRY A. CLAVES, City Manager.
Article V. Off-site Improvements and Dedications.
Sec. 5-19. Purpose.
The purpose of this article is to set forth requirements for the
installation of nonexistent or inadequate nonconforming public
off-site improvements and the dedication of public
rights-of-way and easements as a condition to the issuance of a
building permit or development approval in order to protect
and improve the public's safety, convenience and general
welfare. (Ord. No. 1142, 9 2.)
Sec. 5-20. Definitions.
For the purpose of this article, the following words and
phrases shall have the meanings respectfully ascribed to them by
this section:
"Development" means all residential, commercial and
industrial construction or remodeling, as well as developments
of public agencies, including but not limited to on-site parking
facilities, open storage areas, and other similar improvements
which may or may not require a building permit.
"Off-site improvement" means all publicly owned facilities
that are or will be located in the public right-of-way which
typically include, but are not limited to, curbs, gutters,
sidewalks, street paving, storm drains, water mains, sewer lines,
fire hydrants, electrical facilities, street lights and landscaping.
(Ord. No. 1142, § 3.)
Sec. 5-21. Development must comply.
No building permit shall be issued for a development nor
shall an on-site parking facility, open storage area or other
similar improvement be created or constructed within the city
unless compliance is made with the public off-site
improvements and dedication requirements set forth in this
article. (Ord. No. 1142, § 4.)
Sec. 5-22. Exceptions and deferments.
(a) The requirements of section 5-21 shall not apply if the
cost of development within any twelve-month period is deter-
mined by the public works director to be less than ten thousand
dollars.
This amount shall be adjusted by the public works director
on July 1st of each year based upon the change of the U.S.
Average Engineering News -Record Building Cost Index, using
the following formula:
Amount = $10,000 X ENR Index for June
1936 (ENR Index for June 1980)
and that the amount shall be rounded to the nearest one hun-
dred dollars.
(b) The city may defer compliance with the requirements of
section 5-21 if the public works director determines that it
would be in the best interest of the city to -cause all or a portion
of the work to be done on an area -wide basis; provided, that the
property owner enters into an agreement with the city agreeing
that the property owner . will undertake and start the
construction of the required improvements within ninety days
after notice is given by the city. The agreement_ shall further
provide that in the event of default in undertaking and
completing the required improvements within the time
specified, the city may cause such work to be done and the cost
thereof to be assessed as a lien against the property. Such
agreement shall also be considered as a covenant running with
the land and shall be recorded in order to constitute notice to
any prospective buyer of such property. The city manager ire . .
authorized to eXecute such an agreement for and on behalf of-
-
the city. (Ord. No. 1142, § 5; Ord. No. 1205, § 1.)
Sec. 5-23. Off-site improvement requirements.
The off-site improvements required for all developments
under this article are as follows:
(a) Curb, gutter, sidewalk, driveways and street
improvements shall be installed fronting all portions of the
developer's property being devgloped which fronts upon a
public street or future public street. Said improvements shall be
in accordance with the then current city policies and city
standards.
(b) Water, sewer, storm drains, and landscaping shall be
installed in accordance with the then current city policies and
city standards.
(c) Electrical facilities and street lights shall be installed in
accordance with plans prepared and approved by the city utility
department.
(d) Plans showing the off-site improvements shall be
prepared by a registered civil engineer unless waived by the
public works director.
(e) The installation of off-site improvements within existing
public right-of-way requires an encroachment permit from the
city.
(f) If off-site improvements exist that do not meet existing
city standards or ,are inadequate or a hazard 'to the general
public, then these off-site. improvements shall be. reconstructed
to current city standards.
(g) No occupancy permit shall be issued or utility
connections made unless the required off-site improvements and
dedications have been completed and approved. (Ord. No. _
1142, § 6.)
Sec. 5-24. Standard dedications.
The public right-of-way and easement dedications required
under this article shall be in conformance with the then current
city design standards and adopted specific plans. The required
dedications shall be made prior to the issuance of a building
permit or allowing the development to proceed. (Ord. No.
1142, § 7.)
Sec. 5-25. Guarantee and permit issuance.
Any person required to construct off-site improvements
under this article shall either complete same to city
specifications or shall guarantee such completion by furnishing
to the city, prior to the issuance of a building permit, or
allowing a development to proceed, a surety bond, instrument
of credit, or cash in the amount of the development's
construction cost. (Ord. No. 1142, § 8.)
Sec. 5-26. Inspection and approval.
Off-site improvements required under thi3 article are subject
to the inspection and approval of the public works director.
(Ord. No. 1142, § 9.)
Sec. 5-27. Fees.
The then current applicable development fees must be paid
prior to the issuance of a building permit, or allowing a
development to proceed to cover the following:
(a) N aster storm drainage acreage fee;
(b) In -tract storm drainage acreage fee; .
(c) Engineering fee;
(d) Other. established development fees. (Ord. No. 1142, §
10:)
Sec. 5-28. Appeal.
Any. person required to make improvements. or dedications
under this article may appeal any decision of the public works
director to the city council. Such appeals shall be in writing and
shall be filed with the city clerk within fifteen days of the date
�1 notice of the decision is made.
The city council shat} hold a hearing on the appeal within
_< thirty days of the date on which the appeal was filed. The city
clerk shall send written notice of the hearing to the appellant at
least seven days prior to the date of the hearing. The
determination of the city council sliall be considered as final.
r'> (Ord. No. 1142, § 11.)
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