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HomeMy WebLinkAbout03/07/1989, C-4 - AMENDMENTS TO CHAPTER 12.16 OF THE MUNICIPAL CODE ENTITLED, ""CURBS, GUTTERS AND SIDEWALK AREA.""" y� MEETING DATE- city ATEcity of San tuts OBlspo March 7- 1989 own COUNCIL AGENDA REPORT ITEM NUMBER: FROM: David F. Romero �r 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: Give Final Passage to Ordinance No. 1132 (1989 Series) Amending Municipal Code Section 12. 16. BACKGROUND: The City Council at its meeting of February 21 , 1989 passed to print the attached ordinance. The City Council requested that this section be amended to set up a procedure whereby developers who install certain improvements that abut other property are reimbursed by later developers. The actual process for reimbursement is covered in Chapter 16.44 of the Municipal Code. The modifications to Chapter 12. 16 include provisions allowing reimbursement and referring to Section 16.44.091 for the process. Other minor changes are also being made. They were discussed in the staff report for the February 21st meeting. The changes proposed are generally not a cost item to the City. They allow a more expediont 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 requirea to handle reimbursement agreements for street improvements will be even less as there are very few that would qualify. RECOMMENDATION: Give Final Passage to Ordinance No. 1132 (1989 ' eries) Amending Municipal Code Section 12. 16. wap6/fin-12-16 by Attachment - Ordinance No. 1132 , Cje t T ORDINANCE NO. 1132 (1989 SERIES) 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 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. 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 lint- and the curbline and also includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other Ordinance No. 1132 ( 1989 Series) Page Two. 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. 16.010(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 some 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 ,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. 4. The permittee shall be responsible for preserving all stakes unless authorized to remove such stakes by the Director. i� Ordinance No. 1132 ( 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 Ordinance No. 1132 (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. 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. Ordinonce No.1132 (1989 Series) Page Five. • SECTION 2. Section 12. 16.050 of the Son 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. 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 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 C Ordinance No. 1132 (1989 Series) Page Six. 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 J 16.44.091 of this Municipal Code. SECTION 4. Section 12. 16.060 of the Son 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. Ordinance No. 1132 (1989 Series) Page Seven. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 21st day of February , 1989, on motion of Councilmember Settle , seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None ro�AWOR Ron Dunin :ATTE CITY LERK Pam V es APPROVED: \l tCity Ad inistrative Officer City Atto y F' e rector Community D v lopment Director Public Worcs Director Cit�Eineer n/w12-16 1