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HomeMy WebLinkAbout02/17/1998, 3 - PUBLIC HEARING TO CONSIDER AN APPEAL BY ERNIE AND TAWN ROIDE TO WAIVE SIDEWALK IMPROVEMENTS AT 88 BUENA VISTA AVENUE. council Z-,7-cif j apenaa izEpoat h.Numb= 3 CITY OF SAN LUIS OBISPO FROM: Michael D.McCluskey,Director of Public Wo Prepared By: Jerry Kenny, Supervising Civil Engineer SUBJECT: Public Hearing to consider an appeal by Ernie and Tawn Roide to waive sidewalk improvements at 88 Buena Vista Avenue. CAO RECOMMENDATION Adopt a resolution requiring sidewalk improvements along the Buena Vista frontage and authorizing a covenant to be recorded postponing sidewalk improvements along the Santa Maria frontage until called due by the Director of Public Works. DISCUSSION Background The Monterey Heights neighborhood was subdivided in 1925 under "County"jurisdiction. Curbs were installed with the subdivision, but not sidewalks. The area was subsequently annexed to the City in 1948. Over the years, as new homes were constructed, sidewalks were installed somewhat "sporadically", due to the relatively steep terrain and other natural features that made sidewalks somewhat impractical to construct and/or expect the public to use. In many cases, a "postponement"of the condition via recorded "covenants"to install the improvements when called due by the City Engineer, were authorized by the Planning Commission, based on justifiable circumstances. The authority was later delegated as a joint responsibility of the Community Development and Public Works Directors, in lieu of installation prior to a final release of the building. Deferral of all or a portion of these requirements is authorized under the above-referenced code section, subject to a joint finding by the Public Works and Community Development Directors that"...they will cause extreme hardship or serve no useful purpose". (per Exhibit 7) Current project The property owners applied for a building permit to construct a new residence at 88 Buena Vista Ave. (SE comer of Buena Vista & Santa Maria) in 1996 and Municipal Code Section 12.16.050 (attached Exhibit 7) requires the completion of all frontage improvements. The residence is currently under construction and nearing completion. The building plans were reviewed by staff in 1996. There is no record of a specific written requirement by Public Works Department staff to require the installation of sidewalks along both frontages. However, a standard comment by the Community Development required a note to be placed on the plan that refers to the requirement for a curb,gutter and sidewalk. That note states the requirement for a permit "...for any proposed driveway approach, curb, gutter or sidewalk in the public right of way". Such a note was placed on the plan, but only a driveway and a very short 3 - 1 Council Agenda Report-88 Buena Vista Ave.sidewalk appeal Page 2 section of sidewalk was shown to be built, in conjunction with the driveway and which connects to an onsite sidewalk. The contractor recently applied for an encroachment permit to install those improvements and Public Works Department staff informed him that sidewalks must be installed per requirements of the Municipal Code along both frontages, including a curb ramp at the intersection. Buena Vista Avenue has a relatively gentle slope,while Santa Maria Avenue is very steep(approx. 20% slope). Appeal by agent Alan Deckel, (real estate agent representing the property owners, Ernie and Tawn Roide) has appealed the condition because of 4 reasons. (See Attachment 6) The following comments are in response to those items: Reason 1. Serves no useful purpose - little pedestrian traffic and few homes - In staff's opinion,this is true along Santa Maria Ave.,but not along Buena Vista Ave.where there is existing sidewalk next door. It is also a convenience for people exiting vehicles during rainy weather - where traversing landscaping may be hazardous or muddy conditions may be present. Reason 2. Dangerous for pedestrians and promotes skateboarding or rollerbladers -but so is the street for pedestrians; and they would have to compete with vehicles in the street, which would be more hazardous. The same is true for skateboarders and rollerbladers. There are many steep sidewalks in the City and this would just be another. Reason 3. Aesthetics - no room for landscaping - City standards require sidewalks and landscaping is typically installed behind the sidewalk, as an extension of yard landscaping. The same number of trees may be planted, but they need to be planted to accommodate the sidewalk. The need to use public right of way for the public (sidewalks) should be greater than use of public right of way for private landscaping. Reason 4. Extreme hardship-occupancy delayed,failure of staff to inform early on and cost of sidewalk not factored in the financing - Staff agrees that earlier notification would've been preferred by all. However, in spite of that, the cost of sidewalk installation (only - since curbs already exist) would only be a relatively small percentage of the overall cost of this residence. Typically, the construction budget would include at least 10% for "contingencies", to cover unknowns encountered during construction. The total frontage of the lot is 160 feet. The proposed driveway and sidewalk shown on the plan involves 36 ft., which leaves 124 ft. of sidewalk, including a curb ramp at the comer. Staff estimates the cost of installing the "additional" sidewalk to be approximately $4,000. If only the Buena Vista frontage were completed (including a curb ramp), that is estimated to be $2,500. The appellant stated an estimated cost of$10,000 in the above-referenced letter. Staff advised the agent to solicit bids from several contractors to obtain a firm cost. The $10,000 figure may have possibly included the driveway and sidewalk work already included in the approved plans. 3-z Council Agenda Report-88 Buena Vista Ave.sidewalk appeal Page 3 Council Goal In the past, many covenants deferring these conditions have been approved in old subdivisions, typically, where the adjacent properties do not have sidewalks. However, in recent times, staff has taken direction from Council goals that the City be made more pedestrian friendly and in fact an emphasis be placed on constructing new sidewalks in areas where none now exist. As a result, no covenants have been granted by the Community Development Director and the Public Works Director within the last two years. Thus, when property owners do not agree with the requirement, their proper recourse is to appeal the condition to the City Council. Recently, the City Council heard similar appeals on Henderson Street and on Penny Lane. As previously mentioned, the City Council has put new emphasis on sidewalk installation by: a) increasing the budget for sidewalk repairs by staff;b)creating a budget for contract sidewalk repair; c) creating a budget for 1911 Act new sidewalk installations; and d) directing that staff prepare a staff report for Council consideration to install new sidewalks on Chorro Street, between Murray and Rogueot Streets. Analysis and Recommendation The appeal must consider the referenced Municipal Code section stating that the "...sidewalk would cause extreme hardship or serve no useful purpose". Under nominal circumstances, staff would have pursued a "covenant" to be recorded against the land - but only for the Santa Maria frontage, since there is existing sidewalk in front of the adjacent easterly property, on Buena Vista Avenue. Thus for this issue tonight, staff would recommend a requirement for sidewalk constriction on Buena Vista Ave. and allow the applicants to sign a covenant with the City for future sidewalk installation on Santa Maria Ave., with tree placement not within future sidewalk areas. Because this project did not receive a full review at the time of application is not a reason to override the Municipal Code. Had that occurred, absent recent Council actions, staff would have recommended sidewalk installation on Buena Vista Ave. only and a covenant for future sidewalk on Santa Maria Avenue. However, given the direction for new sidewalks and Council's actions mentioned above, staff would have recommended that full sidewalks be installed. Most likely, this would have also resulted in an appeal before the Council for a decision on Santa Maria Avenue. If the Council allows all or part of the sidewalk to be "deferred"under a covenant, it will allow an occupancy release when all other conditions have been met. Otherwise, the above-referenced code provides for deposit of cash or a certified check to cover the cost of the uncompleted work to allow occupancy-pending such construction. (Current policy is a"Letter of Credit"or other form of cash guarantee) CONCURRENCES The Community Development Director and City Attorney concur with the recommended action. 3-3 Council Agenda Report-88 Baena Vista Ave.sidewalk appeal Page 4 FISCAL E'dPACT: None ALTERNATIVES Option 1: Require installation of all sidewalk improvements. Option 2: Authorize recordation of a standard covenant to postpone all sidewalk improvements to a future date,when called due by the Public Works Director. Attachments 1) Resolution postponing Santa Maria sidewalk only. 2) Resolution requiring all improvements 3) Resolution upholding appeal/postponing all additional improvements 4) Map 5) Grading plan 6) Letter from Alan Deckel(1-28-98) 7) Municipal Code Sections 12.16.050 F:\PWWgenda\Appeal of sidewalk req't. at 88 Buena Vista 3-y RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL TO ALLOW POSTPONEMENT OF THE REQUIREMENT TO INSTALL SIDEWALK 11%IPROVEMENTS ALONG THE SANTA MARIA AVENUE FRONTAGE OF 88 BUENA VISTA AVENUE WHEREAS, the City Council conducted a public hearing on February 17, 1998 and has considered testimony of interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that postponing the condition to install sidewalk improvements per City regulations at 88 Buena Vista Avenue is justified along the Santa Maria Avenue frontage under the appeal procedures of Municipal Code Section 12.16.050 subject to executing a covenant to call the improvements due upon future written notice by the Public Works Director. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Fes. That this Council, after consideration of the applicant's request to waive installation of sidewalk improvements, staff recommendations, public testimony, and reports thereof, makes the following finding: The condition which requires the installation of sidewalk improvements per City standards is not necessary in this case along the Santa Maria Avenue frontage to accommodate orderly development and pedestrian travel at this time SECTION 3. Approval. The request for postponement of the requirement to install sidewalk improvements along the Santa Maria Avenue frontage is approved, subject to execution and recordation of a standard covenant to be recorded against the land, that provides for sidewalks to be installed "between the southerly property line and the curb ramp to be constructed at the intersection of Buena Vista and Santa Maria Avenues", upon written notice by the Public Works Director. 3-,9' Resolution No. (1998 Series) Page Two On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this_day of , 1998. Mayor Allen K. Settle ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM: i Att a ff 4rgensen DevRev\...\Streets\88 Buena Vista Resol. rec 3-G RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL TO POSTPONE THE REQUIREMENT TO INSTALL SIDEWALK E%IPROVEMENTS AT 88 BUENA VISTA AVENUE. WHEREAS, the City Council conducted a public hearing on February 17, 1998 and has considered testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that postponing the condition to install sidewalk improvements per City regulations at 88 Buena Vista Avenue is not justified under the appeal procedures of Municipal Code Section 12.16.050 and would result in added administration time and monitoring by staff if a covenant were authorized which would call the improvements due upon future written notice by the Public Works Director. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the applicant's request to waive installation of sidewalk improvements, staff recommendations, public testimony, and reports thereof, makes the following finding: The condition which requires the installation of frontage improvements per City standards is necessary in order to accommodate orderly development and pedestrian travel in the vicinity. SECTION 3. Denial. The request for postponement of the requirement to install frontage improvements is hereby denied. �'7 Resolution No. (1998 Series) Page Two On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of , 1998. Mayor Allen K. Settle ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM: o eyrgensen DevRev\...\Streets\88 Buena Vista Resol. Option 1 03 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL TO ALLOW POSTPONEMENT OF THE REQUIREMENT TO INSTALL SIDEWALK IMPROVEMENTS AT 88 BUENA VISTA AVENUE WHEREAS, the City Council conducted a public hearing on February 17, 1998 and has considered testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that postponing the condition to install sidewalk improvements per City regulations at 88 Buena Vista Avenue is justified under the appeal procedures of Municipal Code Section 12.16.050 subject to executing a covenant to call the improvements due upon future written notice by the Public Works Director. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the applicant's request to waive installation of sidewalk improvements, staff recommendations, public testimony, and reports thereof, makes the following finding: The condition which requires the installation of sidewalk improvements per City standards is not necessary in this case in order to accommodate orderly development and pedestrian travel at this time. SECTION 3. Approval. The request for postponement of the requirement to install sidewalk improvements is approved, subject to execution and recordation of a standard covenant to be recorded against the land, that provides for sidewalks to be installed upon written notice by the Public Works Director. 3-9 Resolution No. (1998 Series) Page Two On motion of , seconded by and on the following roll call vote: ' AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of 1998. Mayor Allen K. 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DC iti�oD':_Ll'v�GSA C GtAiGU JN: rl� January 28, 1998 1JAN 2 1998 .G res , San Luis Obispo City Council 990 Palm,San Luis Obispo,93401 Dear City Council, A building permit for a single family home was obtained at 88 Buena Vista.We are within 30 days of obtaining occupancy. We have worked with the staff throughout the process and arranged financing for the project based upon all the building requirements imposed by the staff through the permitting and building process.We now understand that the public works department is requiring us to install sidewalks at an additional expense of approximately$10,000.Frankly,we didn't anticipate the additional expense. The requirement of a sidewalk is unreasonable because of the following: 1) Serves no useful purpose-This home is near the top of a dead end street with very little pedestrian traffic and only a few homes. 2) Dangerous-Because of the steep slope along Santa Maria Ave.,a sidewalk would certainly promote the chances of someone Falling not to mention any daredevil kids with skate boards or rollerblades or ?;and this could turn real ugly! 3) Aesthetics-There is no room to professional landscape the front of the property.If sidewalks were put in you would simply have more concrete and less trees and beautiful landscape. 4) Extreme hardship.Occupancy delayed as staff failed to inform us of this requirement.In addition, the cost of the sidewalks were not factored in the financing for the project San Luis Obispo city ordinance section 12.16.050 provides under exceptions the following: 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. I tried to contact Arnold Jonas,community development director,and was told to talk with Ron Whisenand in his department who would handle this matter.When I reached him via voicemail, . Whisenand voicemailed me a message indicating that I should talk with Jerry Kinny from the public works department.When I finally talked with Kinny,he informed me that I needed to fill out a wavier request foam with the city clerk office.I attempted to obtain the necessary paper work from the city clerks office and was informed this wasn't the proper way to go about it The only form available was an appeal form which they felt wasn't the right form for this situation. I then put together a conference call with the city clerks office and Kinny to try to figure out how to proceed.They both advised me to write this letter to the city council and send a copy to Bonnie Gawk,Arnold Jonas,Mike McClusky,and John Dunn. I don't know what it's going to take,but please treat this letter as a wavier request for the sidewalk requirement under city ordinance section 12.16.050.If there are any forms you need me to fill out please : have your staff send them to me ASAP.Please understand that this requirement which pubic works is imposing is causing extreme hardship.It is absolutely imperative that we obtain occupancy no later than 30 days. Sincerely, Alan Deckel-real estate agent representing Ernie and Tawn Roide-owner Fax: (805)528-3845 Voicemzi:: (805)542-8391 3-�3 i 12.16.050-12.16.060 77 12.16.050 Installation or pleted, then the city may use all or any reimbursement required portion of said bond to complete the installa- when—Exceptions. tion. Whenever any building is constructed on Exceptions: The director and the commu- or moved onto any parcel of real property in pity development director may defer or tem- the city, or whenever existing buildings are. porarily waive all or portions of these require- altered or expanded in excess of fifty percent meats if they jointly agree that they will of the value of such building as determined cause extreme hardship or serve no useful by the chief building official, it is required, purpose. except as hereinafter provided, that a stan- VOrd. 1132 § 2, 1989: prior code § 7330.8) dard concrete curb,gutter,sidewalk:and street pavement as determined by council resolu- 12.1 .055 Reimbursement. tion be installed on all street frontages of Theo or develope ho installs im- such property by the owner of such property provements whi u roperty other than or the person in possession of the property . that being develope ma reimbursed as prior to granting of occupancy or final ap- provided in Secti 16.44.091 of this code. proval. The council shall establish by resolu- (Ord. 1132 § 3 989) tion from time to time relevant standards and special requirements for such improve- 12.16.060 Appeals. ments. In the case of the construction of a An appeal of a decision of the director shall garage or other structure, which by its na- follow the procedure set out in Chapter 1.2 ture requires the construction of a driveway of this code. ramp, the street improvements directly re- (Ord. 1132 § 4, 1989: prior code § 7330.9) . lated to the construction must be installed unless a waiver is obtained from the director and community development director. It is Chapter 12.20 unlawful for any person to occupy or use such buildings prior to the installation of the re- PARS REGULATI S quired curb, gutter and sidewalks unless a certified check or cash in the amount to be Secti s fixed by the director is deposited with the city 12.20. 10 Title. to guarantee such installation. In the case of 12.20.0 Definitio s. structures which are already occupied and 12.20.030 Compli ce with which, due to the extent of the construction, egul ions required. require the installation of street improve- 12.20.040 R e and regulations meats, the owner or developer shall post app 'cable in city parks. (prior to issuance of the building permit) a 12.20.045 A ho 'ty to close. bond or other security in a form acceptable to 12.20.050 sere ion of park areas the city attorney in an amount eaual to the d struc es. COSI: to install the sheet inl?n-Ovem ents. ` iae 12.20.060 r]_`_°'ansler o- eT3=?3i5—. bond -lay be release-6 «'hen the improve- WritteII corse =equired- rri��'_ = ?":. ?.�Ce`':c:: i!:? r.i :r c7Cl llo'_' LC ?��2NJ l� X77��:-7a2Z'lIIJ �COL'T'—'� 2z ?!0`L S7 C0-1- ��.rj l7fl 'deo: ter,.*1 O-30^ _ , � c._a CL„�„�1LS. 3 - iy January 28, 1998 San Luis Obispo City Council 990 Palm,San Luis Obispo,93401 Dear City Council, A building permit for a single family home was obtained at 88 Buena Vista.We are within 30 days of obtaining occupancy. We have worked with the staff throughout the process and arranged financing for the project based upon all the building requirements imposed by the staff through the permitting and building process. We now understand that the public works department is requiring us to install sidewalks at an additional expense of approximately$10,000.Frankly,we didn't anticipate the additional expense. The requirement of a sidewalk is unreasonable because of the following: 1) Serves no useful purpose-This home is near the top of a dead end street with very little pedestrian traffic and only a few homes. 2) Dangerous-Because of the steep slope along Santa Maria Ave.,a sidewalk would certainly promote the chances of someone falling not to mention any daredevil kids with skate boards or rollerblades or ?;and this could tum real ugly! 3) Aesthetics-There is no room to professional landscape the front of the property. If sidewalks were put in you would simply have more concrete and less trees and beautiful landscape. 4) Extreme hardship-Occupancy delayed as staff failed to inform us of this requirement.In addition, the cost of the sidewalks were not factored in the financing for the project. San Luis Obispo city ordinance section 12.16.050 provides under exceptions the following: 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. I tried to contact Arnold Jonas,community development director,and was told to talk with Ron Whisenand in his department who would handle this matter.When I reached him via voicemail, Whisenand voicemailed me a message indicating that I should talk with Jerry Kinny from the public works department. When I finally talked with Kinny,he informed me that i needed to fill out a wavier request form with the city clerk office.I attempted to obtain the necessary paper work from the city clerks office and was informed this wasn't the proper way to go about it. The only form available was an appeal form which they felt wasn't the right form for this situation. I then put together a conference call with the city clerks office and Kinny to try to figure out how to proceed.They both advised me to write this letter to the city council and send a copy to Bonnie Gawf,Arnold Jonas,Mike McClusky,and John Dunn. I don't know what it's going to take,but please treat this letter as a wavier request for the sidewalk requirement under city ordinance section 12.16.050. If there are any forms you need me to fill out please have your staff send them to me ASAP. Please understand that this requirement which pubic works is imposing is causing extreme hardship.It is absolutely imperative that we obtain occupancy no later than 30 days. Sincerely, �✓ Alan Deckel-real estate agent representing Ernie and Tawn Roid"wner RECEIVED Fax: (805)528-3845 JAN 3 1998 Voicemail: (805)542-8391 181-0 G77 .' "2RK