HomeMy WebLinkAbout02/21/1989, C-3 - AMENDMENTS TO CHAPTER 12.16 OF THE MUNICIPAL CODE ENTITLED ""CURBS, GUTTERS, AND SIDEWALK AREA. MEETING DATE:
�Q�1II�7IIIIY�III��I � city of SAy�1 l lui s oBi spo 'ENI NUMBER
6"11 1A u COUNCIL AGENOA REPORT -
FROM: 'y
David F. Romero �� Wayne A. Peterson
Public Works Director City Engineer
SUBJECT:
Amendments to Chapter 12. 16 of the Municipal Code entitled "Curbs,
Gutters, and Sidewalk Area. "
RECOMMENDATION:
By Motion Pass to Print Proposed Ordinance Amending Chapter 12.16 of
the Municipal Code.
BACKGROUND:
This section of the Municipal Code identifies when Curb, gutter and
sidewalk is required to be installed by property owners and requires them
to do the work under a permit. The City Council has requested that this
section be amended to set up a procedure whereby developers who install
certain improvements that abuts other property are reimbursed by later
developers. The actual process for reimbursement is covered in Chapter
16.44 of the Code and is part of another staff report and ordinance coming
to the Council at this meeting. The modifications to Chapter 12. 16
include provisions allowing reimbursement and referring to Section
16.44.091 for the process.
CHANGES:
Changes to the regulations are as follows;
1 . The Director of Public Works is the responsible authority.
(Replaces the City Engineer. )
2. Requires on Encroachment permit to do the work. This standardizes
the process so that it is similar to that for other work in the public
right of way.
3. The Community Development Director and the Public Works Director
may, jointly, in certain special cases defer or temporarily waive the
requirement to install sidewalk, curb, and gutter. In the current
regulations the Planning Commission must consider all requests. The
Planning Commission could still waive or defer these improvements if the
projects goes to them.
4. Appeals of staff decisions are as other appeals handled under
Chapter 1 .20.
5. Adds a section which allows a developer to request a reimbursement
agreement for improvements installed which benefits others.
REVIEW BY OTHER STAFF AND ORGANIZATIONS:
The proposed ordinance was circulated to utility companies, Community
Development, and the City Attorney. Their concerns have been addressed in
the proposed document.
city of san Luis oBispo
COUNCIL AGENDA REPORT
Amendment to MC Chapter 12. 16
Meeting of February 21 , 1989
Page Two.
CITY ATTORNEY COMMENT:
Developer or subdivider reimbursements for certain improvements are
generally provided for and authorized by the State Subdivision Map Act.
FISCAL IMPLICATIONS:
The changes proposed are generally not a cost item to the City. They
allow a more expedient process to allow modifications of required curb,
gutter, and sidewalk installations when both the Public Works and
Community Development Departments feel that the improvements can be
postponed or temporarily waived for reason. Staff handling of
reimbursements should not be a great burden. Staff presently handles
reimbursement agreements for water and sewer main extentions. The amount
of time involved is relatively small. Staffs expectation is that the
amount of time required to handle reimbursement agreements for street
improvements will be even less as there are very few that would qualify.
STAFF RECOMMENDATION:
Pass to print the attached ordinance.
Attachments:
1 - Ordinance
2 - Summary Ordinance for Public Notice
3 - Legislative Draft
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ORDINANCE NO. (1989 SERIES)
C; AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 12.16.010, 12.16.030, 12. 16.040,
12.16.050, AND 12.16.060; AND ADDING NEW SECTION 12. 16.055
TO TITLE 12 OF THE SAN LUIS OBISPO MUNICIPAL CODE.
PROVIDIING A METHOD TO REIMBURSE DEVELOPERS FOR PUBLIC WORKS
CONSTRUCTION THAT BENEFITS OTHERS, AND REQUIRING IMPROVEMENT
TO BE INSTALLED AS A CONDITION OF DEVELOPMENT PERMIT.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1 . Section 12.16.010, 12.16..030, and 12. 16.040 are amended
amended as follows.
12.16.010
A. "City" means the City of San Luis Obispo, California.
B. "Curbline" means the top of the vertical face of the curb.
C. "Driveway" means any approach to or from the street over and
upon the curb, gutter or sidewalk area to permit vehicular traffic into
U
the abutting property.
D. "Director" means the Public Works Director or his authorized
representative.
E. "Owner" means any person, firm or corporation, or the agent or
representative of any person, firm or corporation, in which is vested the
title to any parcel of real property posted under the ordinance codified
in this chapter.
A
F. "Repair" means and includes the construction, reconstruction,
repair, replacement, restoration or improvement of any sidewalk area.
G. "Sidewalk area" means and includes a park or parking strip
maintained in the area between the property line and the curbline and also
includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other
C'
Ordinance No. (1989 Series)
Page Two.
works for the protection of any sidewalk or walkway or any such park or O
parking strip located in any public street, way or thoroughfare within the
city.
H. Works used in the plural include the singular and those used in
the singular include the plural. 12.16.010(D) Director means the Public
Works Director or his authorized representative.
12.16.030 Permit required--Application--Contents--General
provisions.
No person, firm or corporation shall construct, reconstruct, alter,
repair, move, improve, grade or demolish any sidewalk area or portion
thereof as defined in subsection G of Section 12.16.010, or cause the same
to be done, without first obtaining an Encroachment permit for such work
from the Director's office.
A. Process for obtaining an Encroachment permit is prescribed by
Section 12.04.
B. General Provisions of the Permit.
1 . It is understood and agreed by the permittee that the issuance
of the permit shall constitute the acceptance of the provisions of this
chapter.
2. The permit shall be posted on the fob site in a conspicuous
place and easily accessible.
3. All work shall be done in a thorough and workmanship-like
manner. Any work not so done shall be corrected by the permittee at•his
expense at the request of the Director.
4. The permittee shall be responsible for preserving all stakes
unless authorized to remove such stakes by the- Director.
,
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Ordinance No. (1989 Series)
Page Three.
5. The permit shall be null and void if the work is not commenced
within sixty days from the date of issue, or within sixty days of
notification that grades are ready and completed within thirty days
thereafter. Permits. voided by limitation shall preclude forfeiturs of the
permit and inspection fee. Any work performed after such nullification
shall be covered by a new permit, and permit and inspection fee.
6. The permittee shall remove at his own expense all obstructions
such as trees, stones, debris, roots, etc. , that are encountered in
prosecution of the work.
7. .The permittee shall safeguard the public at all times during the
course of the work by the erection of barricades, lights, and bypass
' walkways subject to directions by the Director. Each permittee is solely
responsible for any damage or liability occurring by reason of anything
done or omitted by permittee or his agent, employee, servant or
subcontractor, or in connection with any work, authority or ,jurisdiction
delegated under any permit issued as a result of an application; and each
permittee shall indemnify and hold harmless the city, its officers,
agents, employees or servants from any and all loss, including costs of
defense and attorney fees, and liability resulting from any claims made
by reason of or in connection with any work done under the authority of or
as a result of any permit issued under- this chapter.
8. Any underground utilities damaged during the course of the work
shall be the responsibility of the permittee..
9. In case it should be necessary -to move: the property of any owner
of a pulbic utility or franchise, such owner will be notified by the
permittee or Director _to move such property within a specified reasonable
s
Ordinance No. (1989 Series)
Page Four.
time, and the permittee shall not interfere with the property until after
the expiration of the time specified. The cost of necessary relocations
of existing facilities shall be borne by the permittee or the owner of the
facility in accordance with the terms of other franchise agreements,
encroachment permits or other pertinent requlations.
10. The right is reserved to the owners of public utilities and
franchise to enter upon the street for the purpose of making repairs or
changes of their property that may become necessary by the work. The city
shall also have the privilege of entering upon the street for the purpose
of maintaining and/or constructing public facilities.
11 . Before placing concrete, the forms are to be inspected and
approved. Request for inspection must be made at least four working hours
in advance.
12. The permittee shall remove all surplus material and rubbish
from the work and fill to grade with approved material all holes and
depressions in adjacent areas.
r.
13. For further provisions, attention is called to the city
standard specifications for concrete driveway, sidewalk and combination
curb and gutter.
12.16.040 Work to be done in accordance with standard
specifications--Substandard work--Removal and replacement. ,
No sidewalk, curb, gutter or driveway shall be broken out or
constructed except in accordance with the city standard specifications
approved by the council on file in the office of.-,,the Director and with all
ordinances of the city. Defective or substandard work is to be removed
and replaced to the satisfaction of the Director. --
.
i
Ordinance No. (1989 Series)
Page Five.
SECTION 2: Section 12.16.050 of the San Luis Obispo Municipal Code is
hereby amended to read as follows:
12.16.050 Installation or Reimbursement Required When--Exceptions.
Whenever any building is constructed on or moved onto any parcel of
real property in the city, or whenever existing buildings are altered or
expanded in excess of fifty percent of the value of such building as
determined by the Chief Building Official, it is required except as
hereinafter provided, that a standard concrete curb, gutter, sidewalk, and
street pavement as determined by Council Resolution be installed on all
street frontages of such property by the owner of the property or the
person in possession of the property prior to granting of occupancy or
final approval. The Council shall establish by resolution from time to
time relevant standards and special requirements for such improvements.
1
In the case of the construction of a garage or other structure, which by
Its nature requires the construction of a driveway romp, the street
improvements directly related to the construction must be installed unless
a waiver is obtained from the Director and Community Development
Director. It is unlawful for any person to occupy or use such buildings
prior to the installation of the required curb, gutter, and sidewalks
unless a certified check or cash amount in the amount to be fixed by the
Director is deposited with the city to guarantee such installation. In ,
the case of structures which are already occupied and which, due to the
extent of the construction require the installation of street
improvements, the owner or developer shall posti(prior to the issuance of
the building permit) a bond or other security in a form acceptable to the
City Attorney in bn amount equal to the cost to.install the street
3 I
Ordinance No. (1989 Series)
Page 53x.
improvements. The bond may be released when the improvements are accepted
by the City and prior to the completion of the building construction. In
the event the improvement is not so completed, then the city may use all
or any portion of said bond to complete the installation.
Exceptions:
The Director and the Community Development Director may defer or
temporarily waive all or portions of these requirements if they ,jointly
agree that they will cause extreme hardship or serve no useful purpose.
SECTION 3. Section 12.16.055 of the San Luis Municipal Code is hereby
added to read as follows:
12.16.055 Reimbursement
The owner or developer who installs improvements which abut property
other than that being developed may be reimbursed as provided in Section
16.44.091 of this Municipal Code.
SECTION 4. Section 12.16.060 of the San Luis Obispo Municipal Code is
hereby amended to read as follows:
- An appeal of a decision of the Director shall follow the procedure set
out in Chapter 1 .20 of this Code.
SECTION 5. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, _shall be published at least
five (5) days prior to- its final passage in the Telegram-Tribune, a ,
newspaper published and circulated in said City, and the same shall go
into effect at the expiration of thirty (30) days after its said final
passage. A copy of the full text of this ordinance shall be on file in
the office of the City Clerk on and after the date following introduction
and passage to print and shall be available to any interested member of
the public..
eu
Ordinance No. (1989 Series)
Page Seven.
i
INTRODUCED AND PASSED TO PRINT by the Council- of the City of San Luis
Obispo at a meeting held on the day of 1989, on
motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY CLERK
APPROVED:
City Ad
Officer
City At&YI/
F e rector
CZ
ommunity D v lopment Director
Public War s Director
City E 01
neer
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ORDINANCE NO. (1989 Series)
CHANGES IN REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER AND SIDEWALK J
AND ALLOWING PROVISION FOR REIMBURSEMENT TO DEVELOPERS FOR STREET
IMPROVEMENTS CONSTRUCTED THAT BENEFIT OTHERS
On the San Luis Obispo City Council voted
to to introduce Ordinance No: (1989 Series), which
rechapters provisions in the Code to allow a developer who installs public
improvements such as a curb, gutter and sidewalks in front of property
other than his own to be reimbursed by the property owner benefitted if he
develops his property within 15 years. The ordinance also clarifies when
construction of street improvements in front of remodelings and small
projects may be required and authorizes the Public Works Director and
Community Development Director to waive improvements in certain
situations.
The Council must vote again to approve the ordinance before it can
take effect. That action is tentatively scheduled for
at a regular City Council meeting to begin at 7:00 P.M. in the Council
Chambers of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's
Office in Room #1 of City Hall, 990 Palm Street. For more information,
contact Wayne Peterson in the Engineering Division at 549-7200.
Pamela Voges, City Clerk
C�3-/d
L E G I S L A T I V E D R A F T
12. 16.010 Definitions
As used in this chapter, unless it is plainly evident from the context
thereof that a different meaning is .intended, the following terms shall
have the meaning specified after each word:
A. "City" means the city of Son Luis Obispo, California.
B. "Curbline" means the top of the vertical face of the curb.
C. "Driveway" means any approach to or from the street over and upon
the curb, gutter or sidewalk area to permit vehicular traffic into the
abutting property.
D. eep" "Director" means the CCity unginaar and cup _rintc+n_
dee% of streete] Public Works Director or his authorized representative.
E. "Owner" means any person, firm or corporation, or the agent or
representative of any person, firm or corporation, in which is vested the
title to any parcel of real property posted under the ordinance codified
in this chapter.
F. "Repair" means and includes the construction, reconstruction,
repair, replacement, restoration or improvement of any sidewalk area.
G. "Sidewalk area means and includes a park or parking strip
maintained in the area between the property line and the curbline and also
includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other
works for the protection of any sidewalk or walkway or any such park or
parking strip located in any public street, way or thoroughfare within the
city.
H. Works used in the plural include the singular and those used in
the singular include the plural.
12.16.030 Permit required--Application--Contents--General provisions.
No person, firm or corporation shall construct, reconstruct, alter,
repair, move, improve, grade or demolish any sidewalk area or portion
thereof as defined in subsection G of Section 12.. 16.010, or cause the some
to be done, without first obtaining an Encroachment permit for such work
from the Director's Esity a eop'c] office.
A. Process for obtaining an Encroachment permit :is precribed by
Chapter 12.04
B. General Provisions of the Permit.
1 . It ,is understood and agreed by the permittee that the issuance of
the permit shall constitute the acceptance of the provisions of this
chapter.
2. The permit shall be posted on the ,job site in a conspicuous
place. and easily accessible.
3. All work shall be done in a thorough and workmanship-like manner.
Any work not so done shall be corrected by the permittee at his expense at
the request of the Director [e9§!Aee0 .
4. The permittee shall. be responsible for preserving all stakes
n unless authorized to remove such stakes by the Director Eeag44esp] .
{
5. The [-Thts] permit shall. be ibaanme] null and void if the work is
not commenced within sixty days from the date of issue, or within sixty
days of notification that grades are ready and completed within thirty
days thereafter. Permits voided by limitation shall preclude forfeitures
of the permit and inspection fee. Any work performed after such
nullification shall be covered by a new permit, and permit and inspection
fee.
6. The permittee shall remove at his own expense all obstructions
such as trees, stones, debris, roots, etc. , that are encountered in
prosecution of the work.
7. The permittee shall safeguard the public at all times during the
course.of the work by the erection of barricades, lights and bypass
walkways subject to directions by the Director EeROIReer] . e
is res nsible Yor all liability for personal !in,juryl:or property damage
which ay oris out of work hePein pei^mitted,, or which may arise out of
failu a on the/permitt?e's parjt to pkrform his obligations under thI.s
perm t in resect to construction acid maintenance. In the event arty claim
o
Of ch nabs ity is made agdinst bhe city,,' or any department, officer or
emp oyee theof, permittee Shall define, indemnify and hold them and each
] Each permittee is solely responsible
for any damage or liability occurring by reason of anything done or
omitted by permittee or his agent, employee, servant or subcontractor, or
in connection with any work, authority or .jurisdiction delegated under any
permit issued as a result of an application; and each permittee shall
indemnify and hold harmless the city, its officers, agents, employees or
servants from any and all loss, including costs of defense and attorney _
fees. and liability resulting from any claims made by reason of or in
connection with any work done under the authority of or as a result of any
permit issued under this chapter.
8. Any underground utilities damaged during the course of the work
shall be the responsibility of the permittee.
9. In case it should be necessary to move the property of any owner
of a public utility or franchise, such owner will [►pea-pep(w
ap.p"n%lag `` the pepinitte ] be notified by the permittee or Director
[stty migtneer] to move such property within a specified reasonable time,
and the permittee shall not interfere with the property until after the
expiration of the time specified. The cost of necessary relocations of
existing facilities shall be borne by the permittee or the owner of the
facility in accordance with the terms of other franchise agreements,
encroachment permits or other pertinent regulations.
10. The right is reserved to the owners of public utilities and
franchise to enter upon the street for the purpose of making repairs or
changes of their property that may become necessary by the work. The city
shall also have the privilege of entering upon the street for the purpose
of maintaining and/or constructing public facilities. ;repn+^+ng w _�,
terms-]
1
11'. Before placing concrete, the forms are to be inspected and
approved. Request for inspection must be made of least four working hours
1
in advance.
12. The permittee shall remove all surplus material and rubbish from
the work and fill to grade with approved material all holes and
depressions in adjacent areas.
13. For further provisions, attention is called to the city standard
specifications for concrete driveway, sidewalk and combination curb and
gutter.
12. 16.040 Work to be done in accordance with standard specifications--
Substandard work--Removal and replacement.
No sidewalk, curb, gutter or driveway shall be broken out or
constructed except in. accordance with the city standard specifications
approved by the council on file in the office of the Director E=-*leer;
and with all ordinances of the city. Defective or substandard work is to
be removed and replaced to the satisfaction of the Director {ewgineew3 .
12.16.050 Installation or reimbursement required when--Exceptions.
Whenever any building is constructed on or moved. onto any parcel of
real property in the city, or whenever existing buildings are altered or
expanded in excess of fifty percent of the value of such building as
determined by the Chief Building Official, it is
.required except as hereinafter provided, that a standard concrete curb,
gutter_ {cid-} sidewalks and street pavement as determined by Council
' Resolution be installed on all street frontages of_ Ee"3 such property by
the owner of the feuoq property or the person in possession of the Esaeh3
property prior to granting of occupancy or final approval. The Council
shall establish by resolution from time to time relevant standards and
special requirements for such improvements. In the case of the
construction of a garage or other structure, which by its nature .requires
the construction of a driveway ramp, the street improvements directly
related to the construction must be installed unless a waiver is obtained
from the Director and Community Development Director. It is unlawful for
any person to occupy or use such buildings prior to the installation of
the required curb, gutter, and sidewalks unless a certified check or cash
amount in the amount to be fixed by the Director Eeity engin is
deposited with the city to guarantee such installation
driVsl . In the case. of structures which are already occupied and which,_
due to the extent. of_the construction require 'the installation of street
improvements the owner or developer shall post (prior to the issuance of
the building permit) a bond or other security in a form acceptable to the
City Attorney in an amount equal to the cost to install the street
improvements The bond may be released when. the improvements are accepted
by the City and prior to the completion of the. building construction. In
the event the improvement is not so completed, then the city may use all
or any portion of Eatiel depesttA said bond to complete the installation..
I I
Exceptions:
[A. M Zones. A special;.Npermit may be/issued to omit the side4alk upo n
approval of he city planning commission; J �/
B. 0 large sized pVoperties on which only a portion of t}1e proper
is to b occupied by tfie construction of a building or a corgm°ercial
enter ise, concrete:§idewalks, curbs, gutters grid driveway approach
may, upon approval df city planning commission/ be confined to that
par ion of the street frontage.abutting the p rtion of the propert being
d eloped including areas used for parking oXmIotor vehicles;
-ie-rt- The Director and the Community Development Director may postpone
or waive all of. portions of these requirements if they jointly agree that
they will cause extreme hardship or serve no useful purpose. CIA the
ippevement weMld—cv4mte ti, tile
,�ininn of *N lnn i i -i..., xtr-..me w...•.. ehl�.
'hgn , pnn gileh fi nrN n9 +baL.rnmmi m eR may •..iye the
12. 16.055 Reimbursement
The owner or developer who installs improvements which abut property
other than that being developed may be reimbursed as provided in Section
16.44.091 of this Municipal Code..
12. 16.060 Appeals
[In ca the own or perm' ee is not atisfied�with the ,action of/
the city ngineer r plannin commissio he may wldEhin fiv�days appeal
in wri ng to t council. The counc shall render its „decision�yr`ithin
sixt days of r the fil g of suchAppeal.] e� `
An appeal of a decision of the Director shall follow the procedure set
out in Chapter 1 .20 of this Code..