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HomeMy WebLinkAboutAgenda Report - July 21, 1982 (39)APPEAL OF OWNERS Agenda item K-2 - "Appeal of owners of property at 412, 4150 OF PROPERTY AT 412, 423, and 431 South Sacramento Street redevelopment improvements k. 415, 423, and 431 was introduced by Public Works Director Ronsko. S. SACitAIdENTO STREET RE DEVELG?!%".ENT Mr. Ronsko stated that in October of 1979, Muller Equipment IMPROVEMENTS Company took out a building permit for construction of a new warehouse valued at $76,000. 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 paper -work was processed to remove the property line, creating one larger parcel out of two, as shown on sketch provided for Councils perusal and identified as Parcels lA and 1B. 2. In conformance with Section 5-24 of the Code of the City of Lodi, a deed of dedication for five feet along all the frontage both controlled and used by the company was prepared by the City and signed by the owners, (Parcels 1A, IB, and 2 of sketch). 3. In conformance with Section 5-22 (b) of the Code, an agree- ment to install improvements along the frontage described in 2 above, was also prepared by the City and signed by the owner. The frontage on the east side of Sacramento Street included fn 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, between the two included parcels UA, 1B and 2), appears to be historical i only, as both parcels are used as one by the owner. It should .�q ^C be noted, however, that either parcel IA, 1B or 2 could be sold separately. Parcel 3 as shown 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 all 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 decision. 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. A copy of Mr. Muller's appeal letter was presented for Council's perusal. The City Council heard and discussed the appeal of Mr. Phil Muller regarding the development requirements on his property located at 412 S. Sacramento Street, Lodi. Following discussion Mr. Muller withdrew his appeal covering 415, 423, and 431 S. Sacramento Street. The City Staff pointed out that the develop- ment requirements being questioned were related to an interpretation of the ordinance. Following receipt of testimony by Mr. Muller and his engineers and Staff's presentation, Council Member Olson moved that the property owner be allowed to redevelop a property line south of the new building by means of a parcel map and that development off-site improvements only be applicable to the frontage of the new lot. The motion was seconded by Council Member Pinkerton TV and carried by unanimous vote. a RIF - aa 0. n T + yb. . Y - i ww The City Council heard and discussed the appeal of Mr. Phil Muller regarding the development requirements on his property located at 412 S. Sacramento Street, Lodi. Following discussion Mr. Muller withdrew his appeal covering 415, 423, and 431 S. Sacramento Street. The City Staff pointed out that the develop- ment requirements being questioned were related to an interpretation of the ordinance. Following receipt of testimony by Mr. Muller and his engineers and Staff's presentation, Council Member Olson moved that the property owner be allowed to redevelop a property line south of the new building by means of a parcel map and that development off-site improvements only be applicable to the frontage of the new lot. The motion was seconded by Council Member Pinkerton TV and carried by unanimous vote. Jnne 30, 1982 Mr. Olen Sumbaah •auWbach and Bassa 323 M. On street Lodi, Callfbmda 95240 Dear Glens This letter will confirm that the appeals of the owners of 412. 415, 423, and 431 south Sacramento street regarding Inzarements at the subjeat parcels baa been planed in the Agenda file for the Wednesday, Joly 21, 1962 Oomail meeting. when the formal Agenda is prepared, you will be forwarded a oopY. it you have any questionsregardingthis matter, please do not hesitate to call. Very truly Yours, ALICR N. FjMNCu City Clerk June 2, 1982 Mrs. Alice Reimche City Clerk .City of Lodi Lodi, California Dear Alice: We hereby request that Item (J) on your regular calendar of June 2, 1982, regarding an appeal of owners of property in the 400 block of South Sacramento Street, be delayed and reset for your next council meeting. Thank you, i / GLEN I. SAUMBACH GIB:jc CC: Mr. Phil Muller 323 Apia 9! A . CiTY:.DF LODI T COUNCIL COMMUNICA I PUBLIC WORKS DEPARTMENT a TO: ° City Counci l FROM: City Manager DATE: May 25, 1982 SUBJECT: Development of 412 S. Sacramento Street 1 i RECOMMENDED ACTION: That the City Council hear the appeal of the owner of 412 S. Sacramento Street, and authorize the City Manager and City Clerk to execute the appropriate agreement. BACKGROUND INFORMATION: in October of 1979, Muller Equipment Company took out a u ding perm t for construction of a new warehouse valued at $76,000-. 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 larger 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 along all the F frontage both controlled and used by the company was prepared by the City and signed by the owners, (Parcels )A, 1B, and 2 of sketch). 3. in conformance with Section 5-22 (b) of the Code, an agreement to .. 1 ;. Install improvements along the frontage described In 2 above, was also prepared by the City and stgned by theowner(copy attached). The frontage on the east side of Sacramento Street Included I,n the dedication and agreement for Improvement was based on the use of the property by the company for manufacturing, warehousing, and storage.- The extsttng,property line,between the two Included parcels (A, 111 and 2), appears to be historical only, as. both parcels are used as one by the owner. It should be noted, however, that either parcel 1A. 1B 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 all items were returned to the City, and the permit issued, Mr. Mulier said that he did not think we were being fair and that he wished to appealour de- ctsion. 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: FILE NO. HENRY A. GLAVES. City Manager s SI low t'SRf tLi311�Cr s 5 r RFMDVFD 57 DE-DICAT10r14 . t?w1t�tNq �� ,I WON r too' LU Lai JV R @ b � � I v �....: n o 152.80 • •,152JDDtLi d oc i Ito v Al rGlf-, co 55 50 g2 6p 18 �o 928• � '` A 152.80 (���� T O K J i S" a lo7 co PAVING ETON' Dear Mr. Robinson; Reference is made to our previous discuss --ons re- garding the. construction of my new warehouse .it 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 1-30E-79, that the proposed building could not be constructed over., two. parcels of property. After the above date I requested that the two parcelsbe cons- olidated into one parcel so that the subject building. could be constructed. 0n December 21, 1979 I> received a building permit #104W which.was subject to signing a agreement with the City of Lodi. which -is'attached: This agreement requires the property owners. Spiekerwan.Properties , to construct or remove sidewalks an -d driveways from the south one" half of lot 9 through lot 22 of LarsonS.addition. ?he improvements described in the agreement would` -'note be required until the City.notifys the property owners when Sacramento St. is widened. At the time the property owners %igned the. agreement - .1 requested that you hold the agrei-ment until .v formal, - appeal was made to the Public Works Dept. and/or the City Council. This letter will serve as nay appeal to the City of Lodi ordanance /1142. - Due to the consolidation of Lots 9 S 10. into the adjacent parcel we will: now be obligaird to rc,►rove and replace a minimum of 600' of side w.a 1 l: rather, then 100' to 150' of sidewalk. if niJ new ware•f►ow.r• h.r.i nc►1. t•1:rr►%,acherl onto lot /10 I would hav,! been obl ittal.►•.i 1e► r,ppVcx'. the footage mentioned a-lar>ve f cell und r%hi ri` Ilie lotpc involved for the lots affected tuL, luel iiia it iin:p.*opLir that all lots in the parcel be sidi ii e.f to 111 i r. f-rd.ince. If additional informal imi i v -i irtir••.1. vI'- a e ► nit l:►.�:t_ Inc. A Conercie P106KI Milt&— �k, �e ��••`� ler, 1 ►•::aI3-ent AULLER SUPPLY COMPANY 1 424 SOUTH MAIN SIREET / LODI. "W11A 95240 1 IEIEPf Nit 334.3731 r f.. l J. Article V. Offsite improvements and Dedications. Sec. 5-19. Purpose. j 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. 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. 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. 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 lst of each year based upon the change of the U.S. Average Engineering News -Record Building Cost Index, using the following forniula. ENR index for .Jtinc Amount = $10,000 X ----� - 193ft(l Nk 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 lite best intere:si of the city to cause: all or a portion of the work tv be done on an area -wide basis; provided, that the property owtnr enters into an agreement with the city :agreeing l'J that the property owner will undertake and start tit 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 assessrd 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. 5-23. Off-site improvement requirements. The off-site improvements required for all developments under this article are at follows: (a) Curb, gutter, sidewalk. driveways and street improvements shall be installed fronting all portions of the developer'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, stornn' drains, and landscaping shalt 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 tee}less 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 pe-rmit shall be issued or utility connections made unless the required off-site improvements and dedications have been completed and approved. Sec. 5-24. Stnnd3rd 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 adopted specific plans. The required dedications shall be made prior to the issuance of a building permit or allowing the development to proceed. I Sec. S -2S. 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. Sec. 5-25. Inspection and approval. Off-site improvements required under this article are subject to the inspection and approval of the public works director.. Sec. 5-27. Fees. The then current applicable development fres must be 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 fres. Sec. 5-29. 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 notice of the decision is made. The city council shall. hold a hearing on the appeal within thirty days of the date on which the appeal was filed. The city deck shall send written notim of the hearing to the appellant at least seven days prior to the date of the hearing. The determination of the city council shall be considered as final. 19 A G R E E M E 11 T 0 THIS AGREEMENT, entered into by and between SPIEKIRNAN PROPERTIES, a Partnership, hereinafter called Developer, and the CITY OF LODI, a municipal corporation, here- 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 PARKING 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, 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: 1. It is understood that the aforementioned -described property shall be improved as aforementioned, and that Developer shall be responsible for: a. installation of sidewalk and driveways where none are now existing; b. removal and replacement of any abandoned driveways. 2. The City agrees that the ins_all�,ticn of the aforesaid off --Site and in -site improvements listed in Paragraphs 1, 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. 3. This Agreement shall be binding on the Developer, its heirs, successors or assigns. - 1 - 4. �1 nJALI 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 sum 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 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 close of the escrow so that the purchaser will be apprised of their obligations and responsibilities hereunder. 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 1979. SPIEKERMAN PROPERTIES, a partnership CITY OF LODI, a municipal corporation 6y: (0��� By: Henry A. Giaves, City Manager Attest: - 2 - KI ~' /Olt �- CITY OF LODI COUNCIL COMMUNIC� ?z 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 above parcels, and authorize the City Manager and City Clerk to, execute the appropriate agreement. BACKGROUND INFORMATION: Early this year the owners of the six parcels on the west side of South 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 along 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 all new driveways would be known. A copy of the signed 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 memorandum and is expected to be in the aG fence. 7 / ack L. Ronsko ubli Works Director Attachments cc: Phil Muller JLR/GER/eeh APPROVED: I FILE NO. HENRY A. GLAVES, City Manager . e (� ,lie a Ol6/ JiQI!/icv/y � 1 6jp•'SZf tt •a9I V� O ink ••. � ooa a ?st •1`�hv t hl1 hN "am h �� o W 3: F{ �Nss . S ace w 9 F � —� N U O 40 1, If tfd 3k Iraw . e (� ,lie a Ol6/ JiQI!/icv/y � 1 6jp•'SZf tt •a9I V� O ink ••. � ooa a ?st c N El*[ 56l. 'C,V JSU/ I i!f -!90,09 • 6B '� ,,,...._ 68 • z yi -- � WOW gel �• / 07' !v ?ui7 6E'�ZE w L9 .68 991 PWCei MAP f •1`�hv t hl1 hN "am h �� o W �Nss . S ace w 9 � —� N U O 40 If tfd Iraw d 0 -�_ .sv .Be .6a iv ab'szE e c N El*[ 56l. 'C,V JSU/ I i!f -!90,09 • 6B '� ,,,...._ 68 • z yi -- � WOW gel �• / 07' !v ?ui7 6E'�ZE w L9 .68 991 PWCei MAP f A G R E E M E N 7 415-423-431 South Sacramento Street THIS AGREEMENT, entered into by and between SPIEKERMAN PROPERTIES, a partn cr- ship, hereinafter called Developer, and the CITY OF LOD1, 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: 1. It Is understood that the property shall 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-sitet and on-site improvements listed above 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. 3. This Agreement shall be binding on the Developer, its heirs, successors or assigns. dE y� 4. In the event that the aforesaid improvements are nut installed u 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 sum 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 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 close of the escrow so that the purchaser will be apprised of their obligations and responsibilities hereunder. 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 By: / J /...•.. a �.ti -2- CITY OF LODI, a municipal corporation By: Henry A. Gl'aves, City Manager Attest: '/ '). t CITY COUNCIL AIL AM FRED M. RE ID, Mayor I T Y OF L O D ROBERT G. MURPHY. Mayor Pro Tempore CITY HAIL. 221 WEST PINE STREET EYE LYN M. OLSON POST OFFICE BOX 320 JAMES W. PINKERTON. Jr. LODI. CALIFORNIA 95241 JOHN R (Randy) SNIDER (209) 334.5634 August 20, 1982 Mr. Mike Sabo 4264 East Almond Drive Lodi, California 95240 Dear Mr. Sabo: HENRY A. GLAVES. Jr. City JNanaCer ALICE M. REINICtit C ity Clerk RO`IAIDM S1EIN City Attornev Enclosed herewith please find certified copy of the City Council Minutes of July 21, 1982 reiterating the Council's position on your request for some relief of the front footage charges for your recent water main tap on Almond Drive, whereby, the City Council following lengthy discussion on the matter and review of the City's policy regarding water main extensions, denied your request. Should you have any questions regarding this action, please do not hesitate to call. Very truly yours, Alice M. Reir he City Clerk AMR/1f Enc.