HomeMy WebLinkAboutAgenda Report - November 18, 1994 (6)OF
a CIN OF LORI COUNCIL COMMUNICATION
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AGENDA TITLE: improvement Defemol Agreement for 13333 North west Lane
MEETING DATE: November 18. 1994
PREPARED Vt Public Works Director
RECOMiWE • DED ACTION: That the City Council approve the Improvement Deferral Agreement for off=alit
Improvement (curb, gutter, sidewalk. commercial driveway approadmW street
paving and utiliies) at 13333 North West two and direct the City Manager and
City Clark to execute the Improvement Deferral Agreement (copy attach on
behalf of the City.
BACKGROUND INFORMATON: The subject property is located at the southwest comer of Hamey Lane and
West Lane in San Joaquin County. The owner of the property, Mr. Cart Fink.
has received approval for a use permit from San Joaquin County Community
Development Department for the construction of a Solt driving range on a
portion of the property (See attached Exhibit A). Since the portion of Homey Lane fronting this parcel is located
within the Lodi city limits, the County has required that the owner satisfy the following conditions with the City of
Lodi prior to establishment of the use or lasuarm of a building permit:
1. The owner shall dedicate necessary street rights-ofway and comer cont -offs as set out in an agreement
entered into by the City of Lodi and Carl Fink on November 19.1 M.
2. The owner shall enter Into an Improvement Deferral Agreement with the City 07 Lodi for street
improvements (curb. gutter, sidewalk. paving. public utilities, etc.) along the Homey Lane right-of-way.
3. The owner or owner's contractor shall obtain an encroachment permit from the City of Lodi
Department of Public Works for the construction of the driveway along Homey Lane.
In order to satisfy the second condition. the owner has signed the Improvement Deferral Agreement in which he
agrees to pay for the cost of construction ction and installation of off-site improvements at such time as requested by
the City. The executed agreement will be recorded and run with the land, and shall be binding on the successors.
heirs, or assigns of the current owner. The first and third conditions have been addressed separately and do not
require Council action.
FUNDING: Recording fees paid by property owner.
L
C-
Jadc L Ronsko
ark- Director
Prepared by Sharon A. Wekitw. Associate Civil Engineer
JLR/SAW/pmf
Attachments
oc: City Attorney
Associate Civil Engineer - Development Services
San Joaquin County Community Development Department
Mr. Carl Fink
APPROVED: -
THOMAS A. PETERSON vecycted paw
City Manager
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EXHIBIT A
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August 22, 1994
Carl Pink
s6o s. xill street
Lodi, CA 95242
Dear Mr. Fink:
. w—..IIII
Re: use Permit Application No. UP -94-8 of Carl Fink (c/o Kenneth
Choo) (APN: 058-100-03; 13333 N. West Lane, Lodi)
This is to notify you that on July 7, 1994, the San Joaquin County
Planning Commission approved the above -referenced application
subject to the enclosed Conditions of Approval. The approval
expiration date is January 16, 1996.
Please be advised that, unless otherwise specified in the
Conditions of Approval, you must fulfill all Conditions of Approval
prior to establishment of the use or issuance of building permits.
Ycu should contact the responsible agencies for assistance in
fulfilling their Conditions of Approval.
For your convenience, a copy of the Improvement Plan Handout iz
enclosed. The Handout is subject to change. If you have questions
regarding the Handout, you may contact the Development Services
Division of the Community Development Department.
Sincerely,
CLAAl= 'tc.{r�-
RI CHARD'-2iJY
Associate Planner
RL/blm
Enclosure: Conditions, Handout, Map
cc: Kenneth Choo
Susan Ryan
Air Pollution Control District
City of Lodi
Department of Public Works
Building Inspection Division
Public Health services
County Assessor
COMMONS OF APPROVAL
UP -9s-8
Carl Fill
tbMeas ogrsewlse IM PIllsd. ON the Condlilens of Approval and Ordinance Rs . hematea shah be
fulled prior to the laaanoe of any building paotlto and prior to the Initiation of Utes wee.
This approval will expire 141 mn -Il from the eMacdvo des of the approval widens (1) all Condillons
of Approval how been compiled with. (2) ani neessaary buildhtg permits have been seewred and
feanaln in force, and (3) all I- m isa y permft from ober agencNe.how been secured and remain
In force.
Those Conditions followed by a Section Number of other Stek" RequUemart we breed on
Q�Ina it I mmutrem. ill Ordinance requifeawMs cannot be modMed.
a. Itis approval shall be for the agablishrrienit of a goff drives range on a 12-atxe poll
of a 30 -acre site. The approved project shall include the use of a conxrsecidi coach as
a pro shop.
b. Autorttobile parking spaces shag be provided as follows: One space for each of the 40
tees on the driving range, 3.3 spaces per 1.000 square feet of offices in the trailer. 4
spaces per 1.000 square test of retail uses in the trailer. and .67 space per each
employee on the largest employment shift. The size and location of the parking spaces
and wJe and driveway widths shag be consistent with the requiremerrts of Chapter 9-
1015 of the Development Title. Parking calculations shall be s --mm on the Improvement
Plans. Bicycle parking is required as specified in Section 9-1015.7 of the Development
Title.
C. Ag parking spaces. driveways, and maneuvering areas shall be surfaced and permanently
maintained with base material of appropriate depth and liquid asphalt, asphalt concrete,
or Portland cement concrete to provide a durable, dust free surface. Bumper guards
shall be provided when necessary to protect adjacent structures or properties.
(Development Tide Section 9-1015.5)
CL Parking lot and security lighting shall be installed according to the requirements of
Section 9-1015.5(g) of the Development Title. All lighting shall be designed to confine
direct rays to the premises. No spillover beyond the property lines shall be permitted
except onto public thoroughfares, provided, however, that such light shall not cause a
hazard to motorists. (Development Title Section 9-1015.5[g][4))
e. Trash bins shall be kept in an enclosure with solid walls on three sides and gated on the
fourth side. (Development Tile Section 9-1022-4(e)[31)
f. Driving range lighting shall be hooded, and all lighting shall be designed to confine direct
rays to the premises. This project shall comply with the light and glare performance
standards set forth in Section 9-1025.6 of the Development Title. Lighting plans prepared
by an electrical engineer, or other lighting professional approved by the Director, shall be
submitted with the Improvement Plans.
Conditions of Approval . 1 - UP -94-8
g. AN areas not used for builder. path i% driveways. wakways. or -ober permtnent
facilities shall-be taitdscaped. A mininmum terWWAvide plaiting strip stall be ragl1h p
Mang the demreloped portion of the project site's kontage an Harney Lane: Panting lot
yrmd:caping shall campy with Section 9.1020.6 of the Development Title. V ter Scie
fandacapinp Ie required. i0M*Vment Title SeCdOra 9.1t>= 9.102Qa and 9.10
h. Nonmaterial excavaad during construction of the approved fealty stall be removed from
the site. (Development Tkin Section 9.1403.5)
Golf ballrut ecsevin is required around the perimew of the driving range on the weer.
south. and east sides as Shown on the Site Plan, except that the net screenirig an the
south side stall be 30 fest high. The type, height. and location of the net Screening shall
be shown on the Improvement Plan.
There shall be no outside storage of vehicles or equ spawn associated with the operado
n
or maintenance of the approved facility. Storage shall dour be within an enclosed
structure or inside a fenced and screened outdoor storage area. In the case of the loser.
a six -foot -hilt fence and landscape screening dentefxs shall be included on the
Improvement Plan.
It. A maximurn of two advertising signs. only one of which may be a free-standing sign, shad
be permitted for the approved use (Development Tate Section 9.1710.5(a)(7p. Sign
details shalt be consistent with Chapter 9-1710 of the Development Tide and be included
on the Improvement Plan.
L The applicant shall secure an approved Business License prior to the initiation of the use.
(Section 7-1000 of the County Ordinance Code)
m. Submit an Improvement Plan, prepared by a registered Civil Engineer. showing drainage.
driveway access details, on-site parking, surfacing. existing and proposed utility services,
lighting details. and grading. The drainage pattern and corresponding storm drain
improvements shag be shown on the Improvement Plan. A plan check fee will be
required. (Development Tide Section 9-884)
2 DEPARTMENT OF PUB�:C WORKS: (Staff Contact: Tom Iwamiya, 468,3023)
a. Improvements. restrictions, dedications, and permits on Haney Lane shad be as required
by the City of Lodi.
b. The Traffic Impact Mitigation fee wiU be required for this development. The fee is due and
payable prior to issuance of a building permit. The fee currently is $188.81 per daily trip -
end generated in the Lodi area. The fee shall be automatically adjusted July 1 of each
year by the Engineering Construction Cost Index as published by the Engineering News
Record If it can be verified that the site has been used within the last two years, a credit
may be allowed for rte previous use. (Resolutions R-90-304, R-91-1025. R-93-167, and
R-94-179)
3. PUBUC HEALTH SERVICES: (Staff Contact: Greg Oliveira, 468-0341)
a. The well must be repaired with the installation of a sanitary seal under permit and
inspection by the Environmental Health Division. (Development Tale Section 9-1115.4(e))
Conditions of Approval -2 - UP -9"
b, Conrwcdon to a sewer syster, is requimd .`=-m.-AoPnt•rtt Tide Set.dm a11062M))•
Canino to an approved PLMC WOW s-Ppy systOn as required by Developtowit TMe
Section a-1 t20.2. Prior to issuance d b-11:111 -g permit% a latter horn the water suppler
vA be required wltidl states that they have the cap" to serve the devabP=nt and
that the system ri w — State standards. (Development TIUe Section 9.11004
N the op pI r - , - is unable to obtain public services by Niter from the City of Lod; elle
following r%a c0ons will! appy:
(1) The seAage disposal system shall cattily with the on-site sewage ataridard' of
San Joaquin County prior to approval Of the lmprovemert Pian. A penloletbn
tat and a sewage disposal area, as determined by the percolation test; aro
nquited prior to approval by the Enviroruneora! Health Division. A permit for the
percolation test must be obtained horn the Environmental Health Division.
(Development Tkle Secdm 9&1110.3.9.111a4(C), and 9.1110.5
(2) State an revised plans or improvement plans the maximum number d employees
the swags d'aposal system N being designed for and that the Neat Heid ane
wit be barricaded so that 4 cannot be driven over. panted on. or used as a
storage area This leach field area must be used for that specific purpose only
and carrot contain any underground utility lines. (Development Tide Section 9-
1110.4(C)(5).
(3) Constrict a water well under permit and inspection by the Environmental Health
Division pnor to occupancy. Should the number of nonresident individuals
exceed 24 for at least 60 days per year, or the number of service connections
exceed four. a yearly permit to operate a public water system. under the
provisions of the Cardomia Code of Regulations, Title 22, will be required by the
Environmental Health Division and by Development Title Sections 9-11202 and
9-1115.9.
4. SAN JOAOUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT: (Staff Contact: David
J. Stagnero, 545-7000)
a The project shay comply with the Districts Fugitive Dust Rules, Regulation Vlh, to reduce
the amount of dust and ozone precursors that will result from project
S. CITY OF LODI: (Staff Contact: James 8. Schroeder, 334-5634)
a. The owner shalt dedicate necessary street rights-of-way and comer cut-offs as set out in
an agreement entered into by the City of Lodi and Carl Fink on November 19, 1992-
b.
992
b. The owner shag enter into an Improvement Deferral Agreement with the City of Lodi for
street improvements (curb, gutter, sidewalk, paving, etc.) along the Hamey Lane right -d -
way.
e. The owner or owner's contractor shall obtain an encroachment permit from the City of
Lodi Department of Public Works for the construction of the driveway along Harney Lane.
NOTE: On July 7, 1994, the San Joaquin County Planning Commission approved UP -948 subject to the
Conditions of Approval tilted above.
Conditions of Approval - 3 - UP -94-8
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San JoaQuin County
Community Development
UP-94-8/Pink
Page 3
WHEN RECORDED. RETURN TO:
Cityclerk
City of Lodi
221 Wet Pine Sheet -
Lodi. CA 93240
THIS AGREEMENT is made and entered into by and behreen the CITY OF LODL bereinaftw refined
as'City' and CARL FD K. bereirmer referred to as'Owme
RECITALS:
Owner is the owner of that certain real property situated in the County of San Joaquin. and described as
follows:
That parcel of land as shown on Map of Survey filed for retard on July 26, 1972 in Boole 22 of
Survey% at page 193, San Joaquin County Records.
A we permit application (UP -948) has been approved by San Joaquin County for eonstntaioa of a golf
driving range on the above described parcel. Access to the driving range will be provided from Harney
Lace. Since this portion of Harmy Lane is located within the City limits of the City of Lodi, the County
has required the Owner, as a condition of the use permit. to cater into an agreement with the City of Lodi
regarding the installation of off-site improvements along the Harney Lase frontage. Owner is desirm of
complying with existing City ordinances and policies regarding off-site improvements as set forth in Title
15, Chapter 15.44 of the Lodi Municipal Code. However, since the parcel being developed is at this time
located outside the City limits and no off-site improvements have been constructed on adjacent properties
on the south side of Harney Lane, Owner has requested that the City allow issuance of the County use
permit prior to the completion of the off-site improvements required with the above development which
include installation of curb. gutter, sidewalk driveway approaches. street paving and underground
utilities.
Council of the City will approve the issuance of the County use permit on condition that the owuer first
eater into and execute this agreement with the City.
NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's obligations under
said city Code, the parties agree as follows-.
Owner will pay for and complete the installation of all off-site improvements (curb, gutter, sidewalk,
street paving, driveway approaches and utility installation) upon written request by the City.
Construction of off-site improvements ti be completed within one (1) year of the date of the written
request from the City.
DEFAGT` r-doc
. s..+eA�H.a.r.,ro.•A �t:rxr.::- :-•ter .,.m. -�.. ....., . <..,i--,•.........-...,snro,.xma.oH�.w:«.:.,••q,..,..,....nu.:�..,,.:-«.a,.,.
I NOwner ails to complete the segoired improvements within the time period speci2W in hent 01
abw% the Publk Wab Director or the City Council may serve writtat notice upon Owner for brach
of anis apaement and the deholt of Owner.
3. In the event that the Public Wake Dieeclor shall give to Owner notice of del3ndt as described above.
Owner shall bave 30 calendar days ltom the date of such notice to initiate construction of all
improves required hereunder. ueoaswction of sucit improvements is mot imitiased in 30 days.
the Public Works Director is empowered to eompieta such improvement for the account of mal at the
expense of Owner. who shall be liable to the C4 far any exoera cost ordamp incurred by City.
Amy and all reasonable costs incurred by City sball constitute a lien upon the property.
4. Devdopmeat Impact Mitigation Few (Lodi Municipal Code Title 15. Chapter 13.64) for the driving
range developmen will be collated at the time of annexation to the Cary and development of any
portion of the parcel resmainimg undeveloped at this time. or upon connection to City services.
3. This agreement sball rum with the land and be binding on the Owner, its beiM successors or assigns.
6. A copy of she Agreement sball be recorded in the ofilm of the San Joaquin County Recocft P. O. Box
196x, Stockton, California 95201-1968.
7. All notices bemn ry -*ed shall be in writing, and delivered in person or sou by registered mait
p~ pfd
Notices required to be given to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
City of Lodi
P. O. Box 3006
Lodi. CA 95240-1910
Notices required to be Sh= to Owner shall be addressed as follows.
Mr. Cart Fink
560 S. Mills Avenue
Lodi, California 95242
DEFAGMT.doc
IN Wi1NESS WIMEREOF. the potties bmu bave set their bands the day. mouth sod year appeaing
mpg mike their names.
MY OF LODI. a Municipal Corporation
Dated: 1994 By:
M mess A. FetasoN City Manages
Attest:
Jenoifa K PMm City Clak
Dated: A rid 1994L� �..��-� ' 41 ;
Appmved as to form:
Bob McNatt
City Attorney
Dated: IM
DEFAG)dT.dw
CITY COUNCIL
JACK A. SIECLOCK. Mavor
STEPHEN 1. MANN
Movor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENN1NO
JOHN R. (Randv) SNIDER
Mr. Carl Fink
SW South Mfs Ave.
Lotti, CA 95242
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
P O. sox 1006
LODI. CALIFORNIA 95241.1910
(209)114.504
FAx1'"% 111-619%
November 9. 19W
SUBJECT: Improvement Defwal Agreement for 13333 North West Lana
THOMAS A PETERSON
C1ty Manager
IEN.iffil M PERRIN
Cihr Clerk
1108 NkNATT
City Anomer
Enclosed is a copy of ba&grou nd information on an item that is on the City Cour ld agenda of
Wednesday. November 16, 1994, at 7 p.m. The meeting will be held in the City Council
Chamber, Carnegie Faum, 305 West Pine Street
This item is on the consent %Aendar and is usually not discussed unless a Council Member
requests discussion. The public is -Niven an opporhff* to address items on the consent
calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council, City of Lodi,
P. O. Box 3006, Lodi, Califomia, 95241-1910. Be sure to allow time for the mail. Or, you may
hand -deliver the letter to City Hall, 221 West Pine Street
If you wish to address the Council at the Council meetirp, be sure to fill out a speakees card
(available at the Cade Forum immediately prior to the start of the meeting) and Sive it to
the City Clerk. If you have any questions about communicating with the Coonan, please
contact Jennifer Perrin, City Clerk, at (209) 3338702.
N you have any questions about the item itself. please call Sharon Welch at (209) 333-6706.
7
rPubl
k L. Ronsko
OWorM Director
i
JLRAm
cc: San Joaquin Community DrAdopment Department - Larry Meftaws
City Clerk
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