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HomeMy WebLinkAboutAgenda Report - August 19, 1992 PHCITY OF LODI AGEIDM TITLE: Appeal of GT Auto Sales, 821-B South Cherokee Lane, Lodi, Regarding Public Right-of-way Encroachment Violation at 821 South Cherokee Lane, Lodi - Landscaping Within the Public Right-of-way (Between the Curb an Sidewalk Area) - Violation of Section 12.04 of the Lodi Municipal Code MEETING DATE: August 19, 1992 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council discuss and take the appropriate action. BACKGROUND INFORMATION: Attached as Exhibit A i s the appeal letter from GT Auto Sales asking that the Council permit them to keep the recently planted landscaping or provide a low-cost solution. Lodi Municipal Code Section 12.44.370A (attached as E0ibit: B) prohibits the planting of anything other than lawn or sod and also prohibits the placement of earth, gravel, or any other material within the right-of-way without an encroachment permit. The most common type of enc.•oachment violation takes place i n the "parkway", that area between the curb and sidewalk. Our department acts on approximately three to five of these types of encroachment violations per year. These violations range from planting rose bushes, unauthorized trees and other shrubs to placement of cobbles, gravel, lava rock, redwood surfacing, fencing, etc. Some recent encroachment violations which have been corrected are shown on the attached Exhibits C through I. Parkway areas are all within the public right-of-way and per Lodi Municipal Code should be accessible and usable by the public. Section 12.04.3708 reads is part: "No encroachment of any nature w i I I be permitted or maintained which impedes. obstructs or denies such pedestrian or other lawful travel ke within the limits of the right-of-way of a public street, . . Where cars park adjacent to the parkway, passengers will be stepping out and using the parkway for access to the sidewalk. The City. therefore, has a responsibility to ensure that whatever is placed in the parkway area does not create a liability. Our policy has been to allow parkways to be improved only by the planting of lawn or sod, which does not require a permit. A-11 trees which are planted must be approved and planted by the City. in keeping with the requirements of Lodi Municipal Code Section 12.04.3706, our department has not issued permits for other types of parkway landscaping. The parkway i s within the public right-of-way, however, it i s the property Owner's responsibility to maintain, including watering. The City is responsible for tree maintenance, i.e., trimming, cutting, spraying, removal, etc. dfiso d- at APPROVi D I _�— THOMAS A PETERSON C1ty Manapex CC CG7AU70%' xTW _ 02M (CCi _ COh# ' Auqus t 11, 1992 Appeal of GT Auto Sales, 821-8 South Cherokee Lane, Lodi. Regarding Public Right -of -Way Encroachment Violation at 821 South Cherokee Lane, Lodi - Landscaping Within the Public Right -of -Way (Between the Curb and Sidewalk Area) Violation of Section 12.04 of the Lodi Municipal Code August 19, 1992 Page 2 With respect to Cherokee Lane, a Cherokee Lane landscape master plan was presented to the City Council in January 1967. A copy of this plan is on file at City Hall. Since that date, as vacant parcels have developed or parcels have redeveloped. the City has required that the improvements be installed conforming to this plan. The exception to this has been for street lights, center traffic median and the Council has waived tree planting fronting certain car dealerships. All street improvements. i .e. , curb, gutter and sidewalk. and landscaping are the responsibility of the property owner or developer. Page 13 of the master plan (see Exhibit J) does not show a parkway in front of the subject property at 821 South Cherokee Lane. but snows concrete sidewalk adjacent to the curb with individual tree wells and a planting of crepe myrtle trees. There is no sidewalk fronting the subject parcel, however. there is an asphalt walkway. Requiring conformance with the plan is only required if major improvenents are made on site. If the Oberles or their licensed landscape contractor had come in for an encroachment permit. vie would not have required them to install sidewalk and tree wells per the plan. but they would have been informed that lawn could be planted without a permit and that a permit would not be issued for their proposed landscaping. W feel it was the responsibility of the Oberles' licensed contractor to ensure that the required permits were obtained. Since the work was done without a permit. it would seen that the licensed contractor has a responsibility to make it right. The landscaped area in question is approximately 630 square feet and has no sprinkler system. In checking with a local landscaping firm. an automatic sprinkler system and sod could be installed for approximately $700 assuming water is available nearby. The landscaping on the subject property is shown on Exhibit K. The following areas are of concern: 1. The tree planted that does not conform to the landscape plan and is planted too close to the power pole. 2. fps people exit their car during the winter, they will he stepping through a muddy planter to get to the asphalt walkway. 3. As previously pointed out by the City Attorney, the vertical sign, rocks and other obstructions in the parkway can be a liability. CGTAUTO/TXTW.O�M (CO.COMJ August 11, 1992 W Appeal of GT Auto Sales, 821-8 South Cherokee Lane, Lodi. Regarding Public Right -of -Way Encroachment Violation at 821 South Cherokee Lane, Lodi - Landscaping Within the Public Right -of -Way (Between the Curb and Sidewalk Area) ' Violation of Section 12.04 of the Lodi Municipal Code August 19. 1992 Page 3 It is felt that our existing policy of allowing only lawn or sod in parkway areas is appropriate and is in keeping with the overall beautification of Lodi. If me allow each individual parcel to develop to its own taste, there will be no uniformity and no way to enforce what is placed in the public right-of-way. If variations are to be considered, some guidelines need to be developed. This may be an appropriate task for the Site Plan and Architectural Review Committee (SPARC). Staff recommends that the Oberles' appeal be denied. FUNDING: Not applicable. Jack L. Ronsko Publfc Works Director JLR/ 1 m Attachments cc: City Attorney Mike and Audrey Oberle Exterior Design Landscape CGTAOTO/TXTW.02M (CO.COM) August 11, 1992 oarouny 7�0� :�� wrq nrf?oe Cr a?-a-bgo fraap" r P -V Z"ll Gp-f 7-s aT�rr va.iv V -"a d7fa7f avva7d am vv, uaif7 v�wn ?»y auv.� 7�w . ,��7 .e o.� uv7� la7vvy� n vpif fi79ogo.sd � :;? a�a-rs7va� ark •frau«u aj iPnw VV £,+rax�o� �rrar,�-rm a�� firer-r�on j vain v-raa daa71 a."t or' uzr,D am fiv rnou-q vn 7a7 avva7d •Maual 7, uop wo a7doa❑ uana •auarr."" :rea.��� fa+r-s vP'u='7 a� t�ti-rp�s�£a.i 7uaava�.ea.�va an-r,�-rvaQ ��rq fu��-gar pocJ an.xy am O"_0 v -z ax a# awov 6u-e6unr i q 40 fry n a� sr-iu�r mol aq p7n "la 7yCT010 a!i •aa.t7 auo pua vq"jifv ' (dn :{a -►d o7 vapJwV auo ao.) +sv7 00007) Vr?po.r Su-odmvp V7 a40.iru7 -ILMn an=y am rWU 7';!5'af i fitrrT f7fruv op o7k 7�v au aptiw frame ppaam vvm 7'.* ua ym 7"4 `%mY3 Trio tilexrio-a , am V ov as1G •"WM = rC4 padsY-7vpv=7 usaq fgwo pzmf o ai!C '?'y .eof an'aia-"a PUD T"? 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Jab LOM CA. 95240 1. Spray Wit! op weehft,cleor debris from am to be lohdxawd Z. Add aprox. 4 tArft undq loam for plenti ng I Plant one ;V.,%e tree and Several awtd. plaem 4. AN fffts rock in ;Isntar area . S. apply roaster pro-emer"ant for weed control 1% OL- S"I G L'E'. 10 -IN 12.04.360 kind of tree proposed. will impede or inconvenience travei on a public high- way or unduly disturb the right of way thereof, or in any way impede construe- ticn or maintenance of necessary facili- ties. C. Trimming of trees will be permit- ted only when and in the manner autho- rized by a perm i t issued pursuant w this chapter in order that the s+4apelincas of the tree may be prcfined D. An applicat;on for removal of a tree will be app -m vtd and a perrn it isys only when a ntcessi ty for removal ti l- and ad faun t property ovn els concur, or when deemed necesary by the director, When a tete is removed under authority of a permit, the entire stump shall be takenout foradistance ofat least i wofeet bciow the ground surface unless other- wise speri f icd in the permit, and ttihole backfilled and tamped All debris from trimming or removal shall be renrved from the site and the right-of-way restored to its forever condition. (Pricr code § 9A-36) 1:2.04370 Hedges. fences or other A No hedge, shrub or other planting whatever, fence or similar structure, or earth. gravel orany other mattrial of any nature, except as provided in Section 12,04,380, shall be planted. erected. maintained or placed in a right-of-way without a permit B. No hedge. shrub or other planting whatever. fence cr similar structu rt shall bt maintained across any existing walk- way in a sidewalk area or shoulder. The intent of this restriction is to kelp fret a walkway for pedestrians or other lawful hxhibit B public tm wl Without interference by or with vehicular travel. No encroachment of any nature will be permitted or main- tained which impedes. obstructs or denies such pedestrian of other lawful travel within the limits of the right-of- way of a pu bl ii, scree t, or which i rn pai rs adequate sight distance for safe pedes- trian or vehicular traffic - C. The ptrmit-tee or the owner of the adjacent property shall maintain the hedges, shrubs, walls fersc-es or similar structures erected for Lex, dsca pi n g p ur- posm in a neat and ocdedy condition u all times, if the encroachment is not maintained as mecdfied in this chapter the director may direct the 9"mittet or property owner to remove tete encroach- ment and rtstorc the right-of-way to its former condition, at the expense of the permittee orprmptny. owner. (Pricacode § 9A-37) 12.04-M LAwu . A Other provisions of this' chapter notwithstanding, it is lawful fora person to plant and maintain a lawn of any grass, of a type not prohibited by othQx law. within the right-of-way of a publicstreet without a written permit. Howtver, the lawn shall not extend into the traveled way of the public street nor into the draina�&rt,itchm gutter or other d rai nage facilities. B. The general public may not be denied the use of the planted ram for pedestrian or othcr lawful travel. The city may use the planted area for any purpose whatever. and may issue a permit to any applicant to go on to pe rfo rm the work or otherwise encroach pursuant to this Exhibit C Cobbles and Shrubs (not shown) Planted in Center of Parkway 710 South Church Street `!av 13, I q92 Exhibit D Red Lava Rock in Raised Border 607 WEST ELM STREET JULY 12. 1990 Exhibit E Rex Gore 309 Forrest Avenue March 14, 1991 xt ibit F 522 EMM PINE STREE[ APRIL 1990 Inappropriate Trees C Exhibit G Gravel on Plastic 107 WEST LOCKEFORD STREET July 12, 1990 C- r10'' s Exhibit H Rosebush and Raised Planter 522 EAST PINE STREET MAY 30. 1990 Exhibit I Parkway Fencing 117 North Central Avenue June 26, 1990 folo) Ina IJ�xhibit K Hate Tree. Shrubs and Decorative Rocks and Sign 821 South Cherokee Lane .July 7, 1992 QTY COUNCIL JAMES W PINI. Mrw PHII.LIP A- PEWUNIO Marr pro Tetttpme 0^0I0 M. HMICHMAN )A" A. SIECAOM JOHN R Ob dy) SNIM Mr. and Mrs. Mike Oberle G. T. Auto Sales 821-B S. Cherokee Lane Lodi, CA 95240 CITY OF LODI Dear Mr. and Mm. . Oberle : CITY HALL, 221 WEST PINE STREET P.Q Box 3006 LO D1, CALIFORNIA 9S2414910 (209J 334-5634 FAX (209) 333-6795 August 21, 1992 THOMAS & PETMRSON City M-apr ALICE M. REIMCHE City Ck k BOB McKATT City wuomey This letter will confirm action taken by the Lodi City Council at its regular meeting of August 19, 1992, whereby following a public hearing to consider yo= appeal regarding a public right-of-way encroachment violation at 821 8. Cherokee Lane, Lodi (landscaping within the public right-of-way b*tvie" the curb and sidewalk area), the City Council gr&nt*d the appeal and determined that thr. subject landscaping could remain until there is a uniform plan adopted for the area. Should you haw any questions regarding this matter, please do not hesitate to call. Very truly yours, Alicia W. PAINChe City Clerk AM/j4V 1n DECLARATION OF MAILING On July 17, 1992 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit 'A`; said envelopes were addressed as is more particularly shown an Exhibit "B" attached hereto. There is a regular daily cc aminication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 17, 1992, at Lodi, California Alice M. Paimche City Clerk Jonlyfer M. errfn Deputy City Clerk DEC#01/T',XTA. FM CW CARNEGIE FORUM For information regarding this Public Hearing Please Contact: Alice M. Reirnche City Clerk Telephone: 333-8702 NOTICE OF PUBLIC HEARING August 19, 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soo.-, thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) AppwA- of G. T. Auto Sales, 821-8 South Cherokee Lane, Lodi regarding public right -of -my encroachment violamion at 821 South Cherokee Lane, Lodi - landscaping within the public right-of-way (between the curb and sidawalk) - violation of Section 12.04 of the Lodi Nunicipal code. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. Ifyou challenge the subject matter in court, you maybe limitedto raising only those issues you or someone else raised at the Public Hearing described in thin notice or in written correspondence delivered to the City Clerk. 221 West Fine Street, at or prior to The Public Hearing. By Order Of the Lodi City Council: Alice M. Reimche City Clerk Dated: July 15, 1992 A roved as to form: Bobby W. McNatt Cily Attorney MM APPEAL JP G. T. AUTO SALES MAILING LIST EXHIBIT B G. T. Auto Sales Public works Department 621-B South Cherokee Lane Lodi, CA 95240 VMS %ANNMUON. Mier MOURA. maparFm 1b lipm DOW M. HNCHMAN P CK A. SOMM 9)"N L OV40 ROM Mr. and Mrs. Mike Oberle GT Auto Sales 821-B S. Cherokee Lane Lodi, CA 95240 CITY OF LODI C" HALT, 221 VVW RNE STREET PDQ, KX 3M* tM, CAURVNK 95241-1914 1209! 3343634 A�1t 17011 i3�i�l6 Auoust 12_ 1992 M THOMAS A. rETOWm CRy MOMW ASE ht RUWK G[y CkA KN McNATT CkYY SUBJECT: Appeal of 6T Auto Sales, 821-8 South Cherokee Lane, Lodi. Regarding Public Right -of -Way Encroachment Violation at 821 South Cherokee Lane. Lodi - Landscaping Within the F u b l i c Right -of -Way (Between the Curb and Sidewalk Area) - Violation of Section 12.04 of the Lodi Municipal Code Enclosed i s a copy of background information on an item that w i I I be discussed at the City Council meeting on Wednesday, August 19, 1992. at 7:30 p.m. The meeting w i I I be held i n the City Council Chamber, Carnegie Forum, 305 West Pine Street. You are welcome to attend. If you wish to communicate with the City Council. please contact Alice Reimche, City Clerk, at (209) 333-6702. If you have any questions abwt the item, please call Richard Prima or me apt (209) 333-6706. 51 �+ Jack L. Ronsko Public Works Director JLR/lm Enclosure cc: City Clerk NGTAUTO, NCC/TXTW.02M ,kMESWFWWWON.MW= A. Maw FM ORM AOL HPIDOMN JACK A. SKWM I(*" R qM*A Stilt CITY OF LODI Exterior Design Landscape 1820 S. School Street Lodi. CA 95240 QTY HAI. 221 WEST P" SnMU Ra KX N= UXX CAUFOW41A 95241 -?M QM 334-% MX t70l1 JU4M August 12, 1992 TTp"A rimcm C* MN"W AUaA& MACK CWfa" K. CftA ,W SUBJECT: Appeal of 6T Auto Sales, 821-8 South Cherokee Lane, Lodi, Regarding Public Right-of-way Encroachment Violation at 821 South Cherokee Lane, Lodi - Landscaping Within the Public Right -of -Way (Between the Curb and Sidewalk Area) - Violation of Section 12.54 of the Lodi Municipal Code Enclosed is a copy of background information on an item that will be discussed at the City Council meeting on Wednesday, August 19, 1992. at 7:30 p.m. The meeting will be held in the City Council Chamber, Carnegie Fawn, 305 West Pine Street. You are welcome to attend. If you wish to communicate with the City Council, please contact Alice Reimcche, City Clerk, at (209) 333-6702. If ou have any questions about the item, please call Richard Prima or me at 109) 333-6706. App Jack L Ronsko Public Yorks Director JLR/lm Enclosure cc: City Clerk KGTAUT0.HCCJTXTW.02M