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HomeMy WebLinkAboutAgenda Report - April 5, 2017 G-02 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM D-2 TM AGENDA TITLE: Public Hearing to Consider Appeal of Public Works Director's Decision Regarding Construction Application No. 20162787 at 1045 South Cherokee Lane MEETING DATE: April 5, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: Public hearing to consider appeal of Public Works Director's decision regarding construction application No. 20162787 at 1045 South Cherokee Lane. BACKGROUND INFORMATION: Pursuant to Lodi Municipal Code 15.44.100, Jim and Sheyla Creel (Owners), on behalf of Wild Horses Four Wheel Drive, filed an appeal to contest the January 31, 2017 decision by the Public Works Director. The Public Works Director denied their request to eliminate the requirement of removing and replacing three driveways on Poplar Street as a condition per construction application No. 20162787. The appeal, attached as Exhibit A, was filed in a timely manner (within 15 business days of the decision). The Public Works Director's decision letter is attached as Exhibit B. In the appeal letter, Owners reference several projects that were not required to comply with Lodi Municipal Code, Chapter 15.44. These projects either did not meet the threshold, the project was not reviewed by Public Works, or Public Works staff inadvertently overlooked the requirement when establishing the conditions of approval. This oversight should not forgive future projects from complying. The requirement to replace the driveways was first brought to the attention of their contractor, Matt McCarty (as project applicant) by letter dated November 17, 2016 (Attachment B to Exhibit B), as a condition of approval to install a roof top solar photo voltaic system valued at $111,000. The driveway replacements are required because they do not meet current Americans with Disabilities standards, in accordance with Lodi Municipal Code, Chapter 15.44. The code states that when project valuation exceeds $49,900, the City must require offsite improvements as needed to bring improvements to current standards. In response to concerns regarding the cost of the driveway replacement requirement, and in an effort to work with the Owners in a business -friendly manner, the City provided the option to replace the driveways utilizing the City's annual sidewalk contract, thereby reducing the cost by $8,000, based on a quote from a local concrete contractor that Mr. McCarty provided the City. This option was provided to Mr. McCarty by letter dated January 9, 2017 (Attachment C to Exhibit B). Upon request, staff met with Mrs. Creel on January 27, 2017 to further discuss the offsite improvement requirement. The purpose of the meeting centered around the request to eliminate the requirement of removing and replacing the driveways on Poplar Street. During this meeting, Mrs. Creel shared that a conscious decision was made, with full knowledge of the driveway requirement, to proceed with the project prior to December 31, 2016, in order to take advantage of substantial tax credit opportunities. At this meeting, staff suggested (to further reduce cost) that since the driveways were in close proximity APPROVED: wa aue , Manager K:\WP\COUNCIL\2017\PH Constr App 20162787.doc 3/27/17 Public Hearing to Consider Appeal of Public Works Director's Decision Regarding Construction Application No. 20162787 at 1045 South Cherokee Lane April 5, 2017 Page 2 to each other, two of the three driveways be replaced with sidewalk panels. This option was not acceptable to Mrs. Creel at the time. To allow immediate use of the solar project, the Public Works Director approved a conditional certificate of occupancy for construction application No. 20162787, for a period of six months, beginning January 31, 2017, with the understanding that final approval of the occupancy permit was based on the approved replacement of the three driveways as conditioned, or upon receipt of an in -lieu payment in the amount of $16,909.60, to fund the replacement of the driveways by City contract. Staff recommends upholding the decision made by the Public Works Director relating to the conditions of approval associated with construction application No. 20162787 at 1045 South Cherokee Lane. FISCAL IMPACT: The decision is based on Lodi Municipal Code 15.44.050. Reversing the decision of the Public Works Director will invite future contest of development code requirements potentially increasing costs to the City. FUNDING AVAILABLE: Not applicable. Charles L. Swimley, Public Works Director Prepared by Charles E. Swimley, Jr., Public Works Director CES/CES/tdb Attachments K:\WP\COUNCIL\2017\PH Constr App 20162787 doc 3/27/17 WILHORSESFS I'�L Ol/ 1045 S Cherokee Lane, Lodi, CA 95240 Main (209) 400-7200 Fax (209) 943-7923 January 27, 2017 The Honorable Doug Kuehne Mayor of City of Lodi City Hall, 22l W. Pine St. Lodi, CA 95241 www.wildhorses4x4.com RECEIVED 1; of SUBJECT: Construction Application #20162787 1045 S. Cherokee Ln., Lodi, California Dear Mayor Kuehne: This letter is to appeal the decision of the public works director to require our business to pay for the removal and reconstruction of three well -constructed driveways that we use daily. We have been in business since 1989 and moved our location from Stockton to Lodi in October 2015. We made a substantial investment in a building that had been vacant for about five years. The renovations were done only 21/2 years ago by Matt McCarty. We hired Mr. McCarty because he has done numerous projects in Lodi and has a solid business reputation, The ADA upgrades cost us over $28,000 which included restrooms, entryways, parking lot, proper signage, and path of travel to accommodate customers and residents alike. At the time, all of the applications for permits were approved, with no mention of the three driveways. When we began the solar project, Matt McCarty informed us of the issue with the driveways. The assumption was that the requirement would be rescinded because of other solar projects that Mr. McCarty had done and were not subject to these conditions such as: Motel 6, First Baptist Church, Farwest Safety, Shady Acres Mobile Home Park, and the Mullen residence. In addition to this, we did not expect City of Lodi to all of a sudden find compliance issues after having inspected our building only 2 '/2 years before. The additional cost to us to remove and reconstruct these driveways is quoted at $16,909 by City of Lodi. This applies only to city property (sidewalks). To complete the transition, it is going to cost us an additional $9,500. We have a parking lot that needs repaving, we have a temporary banner for a sign, and we have empty offices that need upgrades in preparation to get them rented out. Instead, the City of Lodi is making us tear out and replace good driveways. This is an unreasonable hardship to us. This would be an unreasonable hardship to most businesses in Lodi considering that no more than 5% of the city's driveways comply with these requirements. We have a comprehensive list of commercial facilities whose driveways are not ADA compliant, were work has been done since this ordinance has been in place, the cost exceeding $49,000. We want to continue to have a good relationship with the City of Lodi and hope that the council members feel the same way. Thank you, Mayor Kuehne for your time. We look forward to meeting you and the rest of the city council members. Respectfully, Jim arid'heyla heel CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI Matthew L. McCarty 417 River Meadows Drive Woodbridge, CA 95258 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.gov January 31, 2017 SUBJECT: Construction Application #20162787 1045 South Cherokee Lane, Lodi, California Public Works Director Notice of Decision STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director This letter is to advise you of my decision denying your client's request to eliminate the requirement of removing and replacing three driveways on Poplar Street as a condition of approval for construction application #20162787 (Attachment A). A brief summary of the events leading to this decision are noted below. The requirement to replace three driveways on Poplar Street was first brought to your attention (as applicant) by letter dated November 17, 2016 (Attachment B), as a condition of approval to install a roof top solar photo voltaic system valued at $111,000. The driveway replacements are required because they do not meet current American's with Disabilities standards, in accordance with Lodi Municipal Code, Chapter 15.44. The code states that when project valuation exceeds $49,000, the City must require offsite improvements as needed to bring improvements to current standards. In response to your subsequent concerns regarding the cost of the requirement, and in an effort to work with you and your client in a business friendly manor, the City provided the option to replace the driveways utilizing the City's annual sidewalk contract, thereby saving your client nearly $8,000, based on a verbal quote that you provided the City. This proposed option was provided to you by letter dated January 9, 2017 (Attachment C). Upon request, Assistant Engineer, Kimberly Sobin and I met with your client on January 27, 2017 to further discuss the offsite improvement requirement. The purpose of the meeting centered around the request to eliminate the requirement of removing and replacing the driveways on Poplar Street. As shared by your client during this meeting, a conscious decision was made, with full knowledge of the driveway requirement, to proceed with the project prior to December 31, 2016, in order to take advantage of substantial tax credit opportunities. This decision does not, however, relieve your client of the requirements set forth in the Lodi Municipal Code, as noted in the two letters referenced above. K:\WP\DEV_SERV\MEMOS\Building Permits\2016\20162787 PW Decision.doc 1/31/17 Public Works Director Notice of Decision January 30, 2017 Page 2 The City offers to approve a conditional certificate of occupancy for Construction Application #20162787 for a period of six months from the date of this letter. A final occupancy permit will be issued upon the approved replacement of the three driveways as conditioned, or upon receipt of an in -lieu payment in the amount of $16,909.60, to fund the replacement of the driveways by City contract. Per Lodi Municipal Code, Chapter 15.44, Section 100 — Appeal, "Any person required to make improvements or dedications under this chapter 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 15 days of the date notice of the decision is made." .y Charles E. Swimley, Public Works Director CES/CES/tdb Attachments cc. Kimberly Sobin, Assistant Engineer Lyman Chang, City Engineer/Deputy Public Works Director Shayla Creel, Property Owner Dennis Canright, Building Official Jennifer M. Ferraiolo, City Clerk K:\WP\DEV_SERV\MEMOS\Building Permits\2016\20162787 PW Decision doc 1/31/17 Attachment A COMMUNITY DEVELOPMENT DEPARTMENT Building Inspection Division 221 West Pine St./PO Box 3006, Lodi, CA 95241-1910 (209) 333-6714 CONSTRUCTION PERMIT APPLICATION #1 IDENTIFY YOUR BUILDING PROJECT Application Number2 / 1 II 17 ?Nl Intake Person(office use only) r )i r ''' , APN: Job Site Address '.-,"' °T ti ;• - � � "��'.`jL11I[? or Space # This permit is to be issued in the name of the (9. , Licensed Contractor or ( ) the Property Owner as the permit holder of record who will be responsible and liable f r the construction. Gr Property Owner Information: Name --- ;: r�'; Tel (2. Tel No Mailing Address /) _:L' C-.. f (2ZP[--/ y Contact Name: /224 in/ C :.--/4 Ph#p?07 - 7 S- i'8'5 E-mail:/fl/ C,A _Ate ,c_oki-c. Project Type: 1\ Commercial ..Rhidential Permit Ty pe(s): I BLDG MECH PLUMB ELEC Scope of Work: L'`/ 7 .3 A/ /1-) I2 '- III ,/cam AO 7 . c c-• r-3 • If stucco, how many SF? Contract Value. $ Const. Type: Occupancy Type: Is Bldg. Sprinklered? Yes No Is Bldg_ Conditioned? Yes No Existing/Proposed Well or Septic? Yes No Existing Use. Proposed Use' # of FARE OF 1114-1- 1 • Comm. Sq. Ftg.: Office: Retail: Warehouse: Other: Res.Sq. Ftg.: Total Sq. Ftg. Dwelling: Gar: # of cars Patio/Pora: ' �e k: COMMUNITY DE 2;.- - #2 IDENTIFY WHO WILL PERFORM THE WORK (Complete either 2a or2b) 2a - CALIFORNIA LICENSED CONTRACTOR'S DECLARATION hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Codeand my license is in full (arc$ and effect. II Contractor Name and Address/7,4-2.72,_-0..e. C - / �, 7'?•j u el 6/. / License Number and Class: , 6.-I ontractor Signature74;r d ;, 7 2b - OWNER -BUILDER'S DECLARATION I hereby affirm under penalty of perjury that I am exempt from the Contractors' State License Law for the reason(s) indicated below by the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).): (_) I, as owner of the property, or my employees with wages as their sole compensation, will do U all of or U portions of the work, and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who, through employees' or personal effort, builds or improves the property, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the Owner -Builder will have the burden of proving that it was not built or improved for the purpose of sale.). (_) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who contracts for the projects with a licensed Contractor pursuant to the Contractors' State License Law.). J:1Community Development\Building InspectionlForms\Permits1Permit Application Current.doc 1 of 2 (_) I am exempt from licensure under the Contractors' State License Law for the following reason: By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior to completion of the improvements covered by this permit, I cannot legally sell a structure that I have built as an owner -builder if it has not been constructed in its entirety by licensed contractors. I understand that a copy of the applicable law, Section 7044 of the Business and Professions Code, is available upon request when this application is submitted or at the following Web site: http://www. leginfo.ca.gov/calaw. html. Property Owner or Authorized Agent signature Date #3 IDENTIFY WORKERS' COMPENSTATION COVERAGE AND LENDING AGENCY WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. WORKERS' COMPENSATION DECLARATION I hereby affirm under penalty of perjury one of the following declarations: (_) I have and will maintain a certificate of consent to self -insure for workers' compensation, issued by the Director of Industrial Relations as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. Policy No. ( I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for tha performance of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are: Carrier Policy No Expiration Date Name of Agent Tel No ( ) I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. DECLARATION REGARDING CONSTRUCTION LENDING AGENCY I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this permit is issued (Section 3097, Civil Code). Lender's Name and Address #4 DECLARATION BY CONSTRUCTION PERMIT APPLICANT By my signature below, I certify to each of the following. I am (California licensed contractor or (_) the property owner* or (_)authorized to act on the property owner? behalf**. Alt existing survey monuments are to be preserved per California Senate Bill 1467. It is the applicant's responsibility to ensure that all monuments are properly protected and/or perpetuated. If any of the monuments are to be disturbed or are near the area of construction, it Is the applicants responsibility to hire a licensed surveyor to confirm that the monument(s) has been protected and/or perpetuated and that the appropriate documentation has been recorded. 1 have read this construction permit application and the information I have provided is correct. I agree to comply with all applicable city and county ordinances and state laws relating to building construction. I authorize representatives of this city or county to enter the above -identified property for inspection purposes. *requires separate verification form California Licensed Contractor. Property Owner* or Authorized Agent**: **requires separate authorization form Signature ,.,. - Date J:\Community Development\Building Inspection\Forms\Permits\Permit Application Current.doc 2 of 2 CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI Matthew L. Mccarty 417 River Meadows Drive Woodbridge, CA 95258 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdeptiaIodi.gov www.lodi.9ov November 17, 2016 SUBJECT: Construction Application #20162787 1045 South Cherokee Lane, Lodi, Califomia Attachment B STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director Your construction application has been reviewed by the Public Works Department for conformance with City requirements. This review is required by the Lodi City Municipal Code (Chapter 15.44) when the valuation of the proposed work exceeds $49,900.00. The requirements are described below. CONSTRUCTION REQUIREMENTS: Please add the following construction requirements to the Plans and the Building Permit for the subject project: 1. Remove and replace the three non -Americans with Disabilities Act (ADA) compliant commercial driveways on Poplar Street per City of Lodi Standard Plan 114. 2. Remove and replace all broken and uneven public sidewalk fronting the subject parcel per City of Lodi Standard Plan 117. ADDITIONAL REQUIREMENTS: ALL EXISTING MONUMENTS ARE TO BE PRESERVED PER CALIFORNIA SENATE BILL 1467. IT IS THE APPLICANT'S RESPONSIBILITY TO ENSURE THAT MONUMENTS ARE PROPERLY PROTECTED AND/OR PERPETUATED. IF ANY OF THE MONUMENTS ARE TO BE DISTURBED OR ARE NEAR THE AREA OF CONSTRUCTION, A LICENSED SURVEYOR MUST CONFIRM THAT THE MONUMENT(S) HAS BEEN PROTECTED AND/OR PERPETUATED AND THAT THE APPROPRIATE DOCUMENTATION HAS BEEN RECORDED. PUBLIC WORKS FEES: Public Works fees at the time of issuance of the Budding Permit: 1. Encroachment Permit: $89.00 for encroachment permit processing. Applicant shall complete and retum the encroachment permit application to the Public Works Department prior to beginning any work in the public right-of-way. Please note a licensed contractor is required for this work. The encroachment permit shall be issued and the frontage improvements shall be complete prior to building permit final. ENCROACHMENT PERMIT: The following work is a condition of the Building Permit and should be marked on the plans. The work is to be done prior to occupancy under the terms of an encroachment permit from the Public Works Department: K:1WPIDEV SERMIEMOSSulldIng Permits12016120162787.doc 1. Remove and replace non-compllant commercial driveways per City of Lodi Standard Plan 111. 2. Remove and replace all broken and uneven public sidewalk per City of Lodi Standard Plan 117. Should you have any questions, please call me at 333-6800 ext. 3321. /1/1 ll / )(aViii Kimberly Sobin Assistant Engineer Print Date: Application Date: Permit Number: Project Address: APN: 04740004 CITY OF LODI BUILDING INSPECTION DIVISION 221 W Pine St. Lodi, California (209) 333-6714, FAX (209) 333-6842 STAFF COMMENT REQUEST November 9, 2016 11/8/2016 20162787 1045 S. Cherokee Lane Subdivsion: Public Works Lot No: 1 RECEIVED NOV 0 9 2016 CITY OF LODI ;'=! I;; ViQRKS DEPARTMENT Target Date: 12/5/2016 Project Valuation: 111000.00 Project Type: PV SCOPE OF WORK 47.3 KW roof top solar photovoltaic system Property Owner CREEL, JAMES & SHELYLA TR 1023 W TURNER RD LODI, CA 95242-9673 Contractors MC CARTY MATHEW L 2093681222 2099154805 00417 RIVER MEADOWS DR WOODBRIDGE CA, CA 952580000 Contact Matt McCarty 2099154805 STAFF COMMENTS HAVE BEEN REQ(JESTED FROM: 0 Planning Division -] Public Works Department U Water/Wastewater Division O Fire Department O Finance Department O Electric Utility Department U Community Improvement Division O County Health District 0 i Pacific Gas & Electric Company ' PLEASE NOTE: WHEN APPROVED RETURN TO BUILDING INSPECTION g .ASE mown: PLAN R�:vn:w COMMENTS ON THE ABOVE NOTED PROJECT 4 solAv tot�c loch r"1 oh fiXlStill e1'wlAi Jr:aw��yv 'opnv pe)/ ETD ilk Approved Li Not Approved /1Li Date: Final approval required prior1to Final Inspection or Occupancy Signature: CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI Matthew L. McCarty 417 River Meadows Drive Woodbridge, CA 95258 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept©Iodi.gov www_Iodi.aov January 9, 2017 SUBJECT: Construction Application #20162787 1045 South Cherokee Lane, Lodi, California Attachment C STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director Your construction application has been reviewed by the Public Works Department for conformance with City requirements. This review is required by the Lodi City Municipal Code (Chapter 15.44) when the valuation of the proposed work exceeds $49,900.00. The requirements are described below. CONSTRUCTION REQUIREMENTS: Please add the following construction requirements to the Plans and the Building Permit for the subject project: 1. Remove and replace the three non -Americans with Disabilities Act (ADA) compliant commercial driveways on Poplar Street per City of Lodi Standard Plan 114. ADDITIONAL REQUIREMENTS: ALL EXISTING MONUMENTS ARE TO BE PRESERVED PER CALIFORNIA SENATE BILL 1467. IT IS THE APPLICANT'S RESPONSIBILITY TO ENSURE THAT MONUMENTS ARE PROPERLY PROTECTED AND/OR PERPETUATED. IF ANY OF THE MONUMENTS ARE TO BE DISTURBED OR ARE NEAR THE AREA OF CONSTRUCTION, A LICENSED SURVEYOR MUST CONFIRM THAT THE MONUMENT(S) HAS BEEN PROTECTED AND/OR PERPETUATED AND THAT THE APPROPRIATE DOCUMENTATION HAS BEEN RECORDED. PUBLIC WORKS FEES: Public Works fees at the time of issuance of the Building Permit: 1. Removal and Replacement of Driveways on Poplar Street: $16,909.60 for removal/ replacement by a City -provided contractor (see attached quote). Developer has the option of using a City -provided contractor or a private party. If the developer elects to utilize the City -provided contractor payment shall be provided to the City prior to scheduling the work, All work shall be complete prior to building permit final. 2. Encroachment Permit: $89.00 for encroachment permit processing. Applicant shall complete and return the encroachment permit application to the Public Works Department prior to beginning any work in the public right-of-way. Please note a licensed contractor is required for this work. KAWPIDEV_SERVIMEMOS1BuIlding PermItsl2016120162787-1.doc The encroachment permit shall be issued and the frontage improvements shall be complete prior to building permit final. ENCROACHMENT PERMIT: The following work is a condition of the Building Permit and should be marked on the plans. The work is to be done prior to occupancy under the terms of an encroachment permit from the Public Works Department: 1. Remove and replace non-compliant commercial driveways on Poplar Street per City of Lodi Standard Plan 114. Should you have any questions, please call me at 333-6800 ext. 3321. I4kt�,�.� Kimberly Sabin Assistant Engineer City Contract Cost Estimate for Poplar Street Driveway Replacement Task Sawcut Concrete (1) (IF) AC Patch Along Toe Line (2) (LF) Remove AC (�) (SF) Remove Commercial Sidewalk 11) (SF) Install Commercial Driveway (1) (SF) Miscellaneous Concrete 111 (SF) Price $4.00 $2.00 $4.00 $6.00 $10.00 $1.50 Quantity 40 108 432 720 720 720 Sub Total: 10% Engineering Fees: 5% Inspection Fees: Grand Total: Total $160.00 $216.00 $1,728.00 $4,320.00 $7,200.00 $1,080.00 $14,704.00 $1,470.40 $735.20 $16,909.60 1. Three commerical driveways and sidewalk transitions will be removed and replaced on Poplar Street by a City supplied contractor percondldons set forth with building permit *20162787. 2. On-site AC work shall be completed by the developer, at the developer's expense. The City of Lodi Public Works Public Hearing to Consider Appeal of Public Works Director's Decision Regarding Construction Application No. 20162787 Item G-2 April 5, 2017 00 41110.1 NO 41. I OW 041 , •0.4 • Non Americans with Disabilities Act (ADA) compliant driveways at 1045 South Cherokee Lane Item G-2 • Timeline 11/17/16 - Initial permit review, frontage improvement requirements sent to contractor. 11/28/16 - Contractor requests dismissal of improvement requirements. 11/30/16 - Public works director and City Engineer visit site. • Uphold requirement to remove/replace three driveways on Poplar Street to comply with ADA requirements. • Dismiss requirement to remove and replace broken sidewalk to alleviate cost. 12/6/16 - Contractor picks up building permit, begins onsite work. 1/9/17 - Public Works sends contractor a cost estimate to remove/ replace driveways using city -provided contractor. 1/13/17 - Contractor appeals offsite requirements to City Manager. 1/27/17 - Property owner meets with Public Works Director to appeal permit requirements. • Decision for driveway removal/replacement stands 2/8/17 - Property owner files formal appeal with City Clerk. Item G-2 • LMC Section 15.44.010 - Purpose - The purpose of this chapter 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. • LMC Section 15.44.050 — Improvements Required - D. If offsite improvement exist that do not meet existing city standards or are inadequate or a hazard to the general public, then these offsite improvements shall be reconstructed to current city standards. Item G-2 • Owner is requesting dismissal of offsite improvement requirements after completing permitted work. — Owner chose to proceed despite awareness of the offsite improvement requirements and cost. — Applicant (contractor) signs permit 12/6/16 • Served as acknowledgment of the offsite requirements and a desire to comply. — Best interest of City residents to uphold the requirement to remove and replace driveways per LMC. Questions??? CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.iodi.gov cityclerk(n7lodi.pov March 30, 2017 Jim and Sheyla Creel Wild Horses Four Wheel Drive 1045 S. Cherokee Lane Lodi, CA 95240 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: APPEAL OF PUBLIC WORKS DIRECTOR'S DECISION (01/31/17) Regarding Construction Application #20162787 (1045 S. Cherokee Lane) This letter is to notify you that a public hearing will be held by the City Council at a Regular Meeting on Wednesday, April 5, 2017, at 7:00 p.m., or as soon thereafter as the matter can be heard, at Carnegie Forum located at 305 West Pine Street in the City of Lodi. This hearing is being held to consider your appeal of the Public Works Director's January 31, 2017, decision regarding construction application #20162787 for the property located at 1045 South Cherokee Lane. Enclosed is a copy of the April 5, 2017, City Council agenda and staff report related to Public Hearing Item G-2. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. NOTE: Written correspondence for the City Council may be mailed in cIo the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please feel free to contact me at (209) 333-6702 and/or Public Works Director Charlie Swimley at (209) 333-6706. Sincerely, geinnifer City Clerk JMF Enclosure cc: Public Works Director -YY1 Ferraiolo, MMC Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER APPEAL OF WILD HORSES FOUR WHEEL DRIVE REGARDING THE DECISION OF THE PUBLIC WORKS DIRECTOR RELATING TO CONSTRUCTION APPLICATION NO. 20162787 AT 1045 SOUTH CHEROKEE LANE PUBLISH DATE: SATURDAY, MARCH 4, 2017 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, MARCH 2, 2017 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at (time) on (date) (pages) LNS Phoned to confirm receipt of all pages at (time) EB PMF (initials) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER APPEAL OF WILD HORSES FOUR WHEEL DRIVE REGARDING THE DECISION OF THE PUBLIC WORKS DIRECTOR RELATING TO CONSTRUCTION APPLICATION NO. 20162787 AT 1045 SOUTH CHEROKEE LANE On Thursday, March 2, 2017, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider appeal of Wild Horses Four Wheel Drive regarding the decision of the Public Works Director relating to Construction Application No. 20162787 at 1045 South Cherokee Lane (attached hereto, marked Exhibit "A") was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on March 2, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK .112,11-ze-ea W2k 137A,U:d4) PAMELA FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings \ AFFADAVITS \DECPOS T1 .DOC DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER APPEAL OF WILD HORSES FOUR WHEEL DRIVE REGARDING THE DECISION OF THE PUBLIC WORKS DIRECTOR RELATING TO CONSTRUCTION APPLICATION NO. 20162787 AT 1045 SOUTH CHEROKEE LANE, LODI On March 2, 2017, 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 Notice of Public Hearing to appeal of Wild Horses Four Wheel Drive regarding the decision of the Public Works Director relating to Construction Application No. 20162787 at 1045 South Cherokee Lane, Lodi, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication 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 March 2, 2017, at Lodi, California. (1)2,,..../a4A-e-k3 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI PAMELA FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK Forms/decmail.doc 1 CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: April 5, 2017 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 EXHIBIT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 5, 2017, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Appeal of Wild Horses Four Wheel Drive regarding the decision of the Public Works Director relating to Construction Application No. 20162787 at 1045 South Cherokee Lane, Lodi. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: jAiLa-tif& 'Gifer M. ' raio[o ify Clerk Dated: March 1, 2017 Approve .as to form: Janice D. Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERK\PUBHEAR\NOTICES\NOT_Appeal.doc 2/24/17 Name Address Jim & Sheyla Creel Wild Horses Four Wheel Drive Matthew L. McCarty EXHIBT B 1045 S. Cherokee Lane Lodi, CA 95240 417 River Meadows Drive Woodbridge, CA 95258 CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 w+nw lodi gnv citclerkelodi g_ov February 24, 2017 Jim and Sheyla Creel Wild Horses Four Wheel Drive 1045 S. Cherokee Lane Lodi, CA 95240 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: APPEAL OF PUBLIC WORKS DIRECTOR'S DECISION (01/31/17) Regarding Construction Application #20162787 (1045 S. Cherokee Lane) This is to notify you that at the City Council meeting of March 1, 2017, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber, at the Carnegie Forum, 305 West Pine Street, Lodi, the Council will consider setting the date for the public hearing pertaining to the above matter. Enclosed is a copy of the March 1, 2017, City Council agenda and staff report related to Consent Calendar Item C-15. Please note that prior to voting on the Consent Calendar the Mayor will offer an opportunity to the public to make comments. Should you wish to do so, please submit a "Request to Speak" card (available in the Carnegie Forum) to the City Clerk prior to the opening of the meeting; otherwise, testimony regarding the matter will be received at the public hearing. Should you have any questions, please feel free to contact me. Sincerely, JMF Enclosures nnifer Ferraiolo, CMC ity Clerk