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HomeMy WebLinkAboutAgenda Report - June 2, 1982 (31)�r n Aye 6 X � rr"fit:-i c}' CITY COUNCIL MEETINGx'��� #y k�� a' ate,. ti rr. < June 2� 17$2t -fit S G4+§r17 Y- APPEAL OF OWNERS As requested by Glen Baumbach of'Baumbach and Piazza, Council,µ .._.__ OF PROPERTY IN on motion of Mayor Pro Tempore Murphy, Snider second, deferred 400 BLOCK OF to the regular meeting of June 16,1982 consideration of the SOUTH SACRAMENTO appeal of owners of property in the 400 block of South Sacramento STREET RE Street re development requirements. DEVELOPMENT REQUIREMENTS DEFERRED . CITY COUNCIL FRED M. REID. Mayoe ROBIRt C. MURPHY, Mayor Pro 'empore E VI: LYN K OISON JAMES W. P(NORTON. le. JOHN R. (R.ndy' SNIDER a -0 CITY OF NODI CITY HALL. 221 WEST PIKE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209)334-5634 June 4, 1982 HtNRY A. GLAVES. Jr. City Manager ALICE M REIMCHt City Cleric RONALD M ST F IN City Attorney Glen I. Baumbach Baumbach and Piazza 323 W. Elm Street Lodi, CA 95240 Dear Glen: Please be advis-,d that pursuant to your June 2, 1982 request, agenda item "j" on the June 2, 1982 Council Meeting agend>f regarding the appeal of owners of property in the 400 block of South Sacramento Street regarding development requirements was continued to the June 16, 1982 regular meeting. We will forward to you an agenda of the June 16, 1982 meeting. Should you have any questions, please do not hesitate to call this office. Very truly yours, Al it- eI ,-, ReAd-we City Clerk AR: dg �+ CITY COUNCIL FRED M. REDO, Mayor ROBERT G. MURPHY. Mayor Pro Tempore E V E LYN M. OLSON . r: JAMES W. PINKERTOr,4, IT: JOHN R. (Randy) SNIDER CITY OF LODI CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209)334-5634 June 4, 1982 Glen I. Baumbach Raumbach and Piazza 323 W. Elm Street Lodi, CA 95240 HENRY A. CLAVES. It. City Manager ALICE M. REIMCHE CGtY Clerk RONALD M STEIN City Attorney Dear,Glen Please be advised that pursuant to your June 2 1982 request, agenda item "j" on the June 2,1982 Council Meeting agenda =' regarding the appeal of owners of property.in the 400 block of South Sacramento Street regarding development requirements.was continued to the June 3.6, 1982 regular meeting. We will forward to you an agenda of the June 16, 1982 meeting. Should you have any questions, please do not hesitate to call this of f ice. . Very truly yours, Alice V-eRet,-,)C%I)e : ; City Clerk s AR: d F . L(PCITY OF LODI PUBLIC WORKS DEPARTMENT COUNCIL COMMUNICATION TO: City Council FROM: City Manager DATE: May 25, 1982 SUBJECT: Development of 412 S. Sacramento Street RECOMMENDED ACTION: That the City Council hear the appeal of the owner of 412 S. Sacr."wnto Street, and authorize the City Manager and city Clerk to execute the appropriate agreement. BACKGROUND INFOWATIr ON_ In October of 1979, Muller Equipment Company took out abull.dTn9 permit i or construction of a new warehouse valued at :76,040. Prior to issuance of a permit, at the request of the City, the following took place: 1. Since the proposed building straddled a property line,, the necessary paperwork was processed to remove the property line, creating one laryzr parcel out of two, as shown on the attached sketch as parcels IA and iB. 2. In conformance with Section 5-24 of the Code of the City of Lodi (copy attached), a deed of dedication for five feet alongal>l the frontage both controlled and used by the company was prepared by the City and signed by the owners, (Parcels oA, iB, and 2 of sketch). 3. In conformance with Section 5-22 (b) of the Code, an agreement to Install improvements along the frontage described in 2 above, was also prepared by the City and signed by the owner (copy attached). The frontage on the east side of Sacramento Street included in the dedication and agreement for improvement was based on the use of the property by the company for manufacturing, warehousing, and storage. The existing property line,bet wean. the two Included parcels (IA, !B and 2), appears to be historical only, as both parcels are used as one by the owner. it should be noted, however, that either pence IA, 18 or 2 could be sold separately. Parcel 3 on the sketch is also owned by the same company, however, because it Is used for other purposes, it was not included In either the dedication or agreement to Improve. At the time a'1 items were returned to the City, and the permit issued, Mr. Muller said that he did not think we were being fair and that he wished to appeal our do- cislon. Rather than record documents, and then re-record or abandon if the appeal was granted, it was elected to hold the signed documents until such time as the outcome of the appeal was known. APPROVED: HENRY A. GLAVES. City manager FILE NO. 1nication m w4clopment of 412 S Council Com May 25.: 982 aage12 Mull`er� uPPly Col• submitted the Ittaehed let the HCl tY • has bee senting the cyerso �unc1.' Mr repre Mdllero s present at the Ct., and is'.•expected to be s d stused. ltl.i� . Rwsko t 1` 1,forks Di rector i 4 A nts '> fir Muller, x • , - cc- 1;oRieeh air N.N. d r?:e .... .. ? __ K �y,' l'tl9 i.i'� i� � �P.�f�•nn• CL >Ob o I 5 PSKIY uwr i' S' ClEolGATiO i r - �w�Aiy+ =3 = o y' I z ma N � I • O • lu .� a M a or N a aT ..a �I .e xt t 3M 0 Ix so 1 f � I • O • lu .� ♦ 1_ ...1. .. '�AIR- v a M A or N a ♦ 1_ ...1. .. '�AIR- v CA or Ix so 1 f IN TERLO�rCIN G PAVING STON16 City of Lodi - May 16,1')80 Public Works Department Attn: Mr. Glen Robinson Lodi, Ca. 9524.0 Dear Mr. Robinson; Reference is made to our previous discuss-.ons re- garding the construction of my new warehouse .,t 410- 412 South Sacramento St. Lodi. At the time my prelininary plans were presented to the Public Works Dept. I was advised by Rick Cowperthwaite, by letter,dated I-30-79, that the proposed building could `F not be constructed over two parcels of property. After , the above date I requested that the two parcels be cons- olidated into one parcel so that the subject building could be constructed. On December 2-1, 1979 I received a building permit #10461 which was subject to signing a agreemen,t.with..the City of Lodi. which is attached. This agreementrequires the property owners, Spiekerwan Properties, to construct or remove sidewalks and driveways from tie south one-half of lot 9 through lot 22 of Larsons addition. Theimprovements described in the agreement would not be �? required until the City notifys the property owners when Sacramento St. is widened. At the time the property owners si,lned the agreement I requested that you hold the agreement until a formal appeal was made to the Public Works Dept. and/or the City Council. This letter will serve as my appeal to the City S.. of Lodi ordanance 01142._,: i Due to the consolidation of Lots 9 S 10, into the adjacent parcel we will now be obligated to remove and Ereplace a minimum of 600' of sidewalk rather then 100' to 150' of sidewalk. If my r,ew warehtiw•.r- had nc,(. ,•nr•roached onto lot /10 1 would have! been obl itiat:ed Io instrr1i approx. the footage mentioned above. 1 can t,n(It:rst.and the logic involved for the lots affected but. feel Lhat it iinp:•oyer that all lots in the parr.el be ;ui, j, c i t o I it i,. r.rdance If additional inlorm.,t ir„i i rr riiiir—d. 1,1t•.r• a c.ont.al l me. •etre r•rr•i.,• A Concrete Vrochwo Mtswii,r, Cl* (resent AUB SUPPLY COMPANY 1 424 50UM MAIN S1kEET / LOW. •rrANIA 95240 / TElEPHCN1f 2C':; 334.37Si iffr, ,. ._. i r i C Article V. Off-site improvements and Dedications. Sec. S-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 defflc 'don 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 Fublies safety, convenience and general welfare. Sec. S-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 facilitiess 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 ari not limited to, curbs, gutters, sidewalks, street paving, storm drains, water mains, sewer limes, fire hydrants, electrical facilities, street lights and landscaping. See. 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. Sec. S-22. Exceptions and deferments. (a) The requirements of section 5-21. shall.. not apply rfJhe- ., cost of development within any twelve-month` period _rs 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 Ist of each year based upon, the change of the U.S. Averase Engineering Ncws-Record Building Cost Index, using the following formula: Amount = S 10,000 XENR Indc&for lune 1936 (ENR Index for lune 1 x:80) and that the amount shall be rounded to the nearest one hun- dred dollars. (b) The city may defer comp::ance with the requirements of section 5-21 •f th • M; t. k d' 1 del •renin th t 't r c p c wor s u�c or c cs a r would be in the best interest of the city to cause all or a portion" of the work to be done on an arca-wide basis; provided, that the property owner enteas into an agreement with the city agreeing t-. i i that the property owner will undertake and start the construction of the requin:d 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 cwt 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 Is authorized to execute such an agreement for and on behalf of the city. . Sec. S-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 dcvelopei s property being developed 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 shalt 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 Erom the city. (f) if off-site improvements exist that do not meet existing city standards or arc inadequate or a hazard to the gcrierai 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. �r Sec. S-24. Standard dedications. The public right-of-way and casement dedications required under this article shall be in conformance with the then current city design standards and adoptedspecific plans. The required dedications shall be made prior to the issuance of a building permit or allowing the development to proceed. C Sec. S -2S. Guarantee and permit issuance. Any person required to construct off-site improvements ander this article shall either complete same to city specifications or shalt guarantee such completion by furnishing to the city, prior to the issuance of a building pen u t, ez allowing a development to proceed, a surety bond, instrument of credit, or ash in the amount of the development's construction cost. See. S-26. Inspection and approval. Off-site improvements required under this article are subject to the inspection and approval of the public works director. Sec. S-27. Fees. The then current applicable development fins must he paid prior to the issuance of a building permit, or allowing a development to proceed to cover the following: (a) Master storm drainage acreage fee; (b) In -tract storm drainage acreage fee; (c) Engineering fee. (d.) Other established development fees. 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 eotuicil. Such appeals shall be in writing and shall be filed with the city clerk within fifteen clays of the date notice of the decision is made. 'The city councilshall hold a hearing on the appeal within thirty days of the date on whidi the appeal was filed. The city clerk shall send written notim of the hearing to the appellant at r �w: least seven days prior to the date of the hearing., The determination of the city council shall br. considered. as final. 4_ fo A G R E E M E N T THIS AGREEMENT, entered into by and between SPIEKERMAN PROPERTIES? a partnership, hereinafter called Developer, and the CiTY OF LDDI, a municipal corporation, he rem inafter called City. Developer is owner of that certain real property situate in the County of San Joaquin, State of California, and described as follows: South one-half of LOT 9.and LOTS 10 through 22 of LARSON'S ADDITION TO LODI. Developer, at the present time, plans to construct Improvements on said property, to wit: IMPROVEMENTS: WAREHOUSE BUILDING AND PARKIIJG LOT and is desirous of complying with existing City ordinances and policies regarding the development of similar property as set forth in Section 5-19, at seq. of the Lodi Municipal Code and ti,is Agreement is being entered Into for the purpose of setting forth the prospective rights, duties and obligations of the parties hereto with respect to the following: 1. it is understood that the aforementioned -described property shall be Improved as aforementioned, and that Developer shal'i be responsible for: a. installation of sidewalk and driveways where none are now existing; b. removai and replacement of any abandoned driveways 2. The City agrees that the installation of the aforesaid offtsite and on-site improvements listed in Paragraphs I. a. and b, need not be made at this time with the understanding that Developer does hereby agree that upon demand of City, that property owner will undertake and start the construction of the required improvements within 90 days after written notice is given by City to Developer. j. This Agreement shall be binding on the Developer, its heirs, successors or assigns. SNIEKERHAN PROPERTIES, a partnership By: (© CITY OF LODI, a municipal corporation ,. • .. %a. in the event that the aforesaid improvements are not installed upon demand of City, then City is hereby authorized to install said facilities and may.file suit against Developer, its heirs, successors or assigns for the costs incurred, as well as for a reasonable sura to be allowed as and for the City's attorney's fees incurred in connection with such Y � Litigation for the collection of the monies due. f 5. Developer agrees that in the event of the sale of all or any portion of the property first hereinabove -described, that the purchaser shall be given a copy of this Agreement and a statement to that effect shall be delivered to City at the time of the dose of the escrow so that p apprised of their obligations and responsibilities theurchaser will be a g hereunder. 6e A copy of this Agreement shall be recorded in the office of the San Joaquin County Recorder, Courthouse, Room 151, Stockton, California 9520k. IN WITNESS WHEREOF, the parties hereto have set their hands this t ' day of 1979. SNIEKERHAN PROPERTIES, a partnership By: (© CITY OF LODI, a municipal corporation ,. • .. .._. _... _ ...._,._ _�..-._....�.r-«..rr.+ecT SfA ,...`RP'R".W.'anX✓rt:?R�.4ViF.ifkxi3iU�F'.i � � .. �U'>iaF.4 � .. 1'�.'.�'ldv�.J'Ci7i�� - w C::OMMU=CITYOF LODiC PUBLIC WORKS DEPARTMENT TO: City Council FROM: City Manager DATE: May 25, 1982 SUBJECT: Development of 415 - 423 - 431 South Sacramento Street RECOMMENDED ACTION: That the City Council hear the appeal of the owner of the ave parcels, and authorize the City Manager and City Clerk to ex..�cute the appropriate agreement. BACKGROUND INFORMATION: Early this year the owners of the six parcels on the west side oSout Sacramento Street, determined that all of the property lines had to be removed and the six parcels made into three as shown on the attached drawing. Similar to the development across the street, the City asked for dedication on the map of 5' along the frontage and In keeping with City codes, requested that the owner replace all unused driveways a -long the frontage. Since the entire frontage is continuous, and the area is destined for future widening, the Public Works Department recommended to the owner that an agreement be entered into for replacement of driveways. This would defer the costs of reconstruction to a future date.when the widening would take place, hopefully for a much larger frontage. and when the location of ali new driveways would be known. A copy of the =i�jned agreement is attached. Mr. Phil Muller, representing the owners has indicated he would like to appeal this requirement. He has been sent a copy of this memorrndum and is expected t6 be. in the lance. pry ack L. Ronsko ubli Works Director Attachments cc: Phii Muller JLR/GER/eeh APPROVED: HENRY A. GLAVES, City Manager Z ° ro • 89,50 9 O ZO sowIi♦ 1,75tN-9o. 795743 7-1-9-71 i fl of rr O 0 1 COW moi 160'a,040 /ar -Collor" OO 1� ♦ �-- 325.42 ''� � ,ti eg • ge � OS. �': , � -�+ o �$ PARCEL {a o �: 09 0 SO ' 33 A' .E. °�' N A, is ` a o PARCEL- N1rov �C~ AA � dm NZro ov 89- 5705-7 E- ' Rtferit/scd — Z � No✓�s�ber i9c^O w O ,14ES 40 O � *0% ,* -' r zv-.S 13 ou taW r.�Byfi�A�C3CYrr ..••,torr• Li�� ��a�rd � M S. B9' 57'1.5 ' M325. 39 . so4w� /�tt of Aot ¢ 1 a ACEI_ � '�*, •'�---So ee Z ° ro • 89,50 9 O ZO sowIi♦ 1,75tN-9o. 795743 7-1-9-71 i fl of rr O 0 1 COW moi 160'a,040 /ar -Collor" OO 1� ♦ �-- 325.42 ''� � ,ti eg • ge � OS. �': , � -�+ o �$ PARCEL {a o �: 09 0 SO ' 33 A' .E. °�' N A, is ` a o PARCEL- N1rov �C~ AA � dm NZro ov 89- 5705-7 E- ' Rtferit/scd — Z � No✓�s�ber i9c^O w O ,14ES 40 328. /8 5T6F_F,I O ..••,torr• Li�� 328. /8 5T6F_F,I A G R E E M E N T 415-423-431 South Sacramento Street THiS AGREEMENT, entered into by and between SPIEKERMAN PROPERTIES, a partner— ship, hereinafter called Developer, and the CITY OF LODI, a municipal corporation, hereinafter called City. Developer is owner of that certain real property situate in the County of San Joaquin, State of California, and described as follows: The East 1/2.of Lots 2, 3, and 4 of Hutchins Addition to Lodi. Developer, at the present time, plans to file a parcel map on said property and is desirous of complying with existing City ordinances and policies regarding the recording of similar maps as set forth in Section 22-13, et seq of the Lodi Municipal Code and this Agreement is being entered into for the purpose of setting forth the prospective rights, duties and obligations of the parties hereto with respect to the following: I. It Is understood that the property shalt be mapped as afore- mentioned, and that Developer shall be responsible for: a. Installation of new commercial driveways to conform to building plans; b• removal and.replacement of all abandoned driveways;` c. payment of applicable engineering fees. 2. The City agrees that the installation of the aforesaid off-site and on-site improvements listed above need not be made at this ti'mr with the understanding that Developer does hereby agree that upon demand of City, that property owner will undertake and start the construction of the required improvements within 90 days after written notice is given by City to Developer. 3. This Agreement shalt be binding on the Developer, its heirs, successors or assigns. &. 0 0 In the event that the aforesaid improvements are not installed upon demand of City, then City is hereby authorized to install said facilities and may file suit against Developer, its heirs, succe --.._rs or assigns for the costs incurred, as well as for a reasonable su;,3 to be allowed as and for the City's attorney's fees incurred in connection with such litigation for the collection of the monies due. 5. Developer agrees that In the event of the sale of all or any portion of the property first here I nabove-descr I bed, that the purchaser shall be given a copy of this Agreement and a statement to that effect shall be delivered to City at the time of the close of the escrow so that the purchaser will be apprised of their obligations and responsibilities herL,.Dnder. 6, A copy of this Agreement shall be recorded in the office of the San Joaquin County Recorder, Courthouse, Room 151, Stockton, California 95202. IN WITNESS WHEREOF, the parties hereto have set their hands this day of 1982. SPIEKERMAN PROPERTIES, a partnership MR o -2- CITY OF LOD1, a`'munieipal corporat1 By: Henry A. Glaves, City Manager Attest: