HomeMy WebLinkAbout12/15/1998, 5 - PUBLIC HEARING TO CONSIDER AN APPEAL BY JUDY AND DONALD PHILBIN TO DEFER THE REQUIREMENT TO CONSTRUCT SIDEWALK IMPROVEMENTS AT 1480 ELLA STREET. council December 15 1998
j ac,Enaa aEpont
CITY O F SAN LUIS O B 1 S P 0
FROM: Michael D.McCluskey,Director of Public o
Prepared By: Jerry Kenny,Supervising Civil Engineer
SUBJECT: Public hearing to consider an appeal b Judy and Donald Philbin to defer the
requirement to construct sidewalk improvements at 1480 Ella Street
CAO RECOMMENDATION
Adopt a resolution denying the appeal and requiring the property owners to install standard
sidewalk improvements along both street frontages.
DISCUSSION
Background
The appellants have applied for a building permit to remodel their residence at 1480 Ella Street
(NW comer of Fixlini - Attachment 5). The valuation of the improvement is $98,000, which
constitutes a "substantial remodel' under City regulations and thus requires the completion of
frontage improvements per City regulations. Specifically, the regulations require these
improvements"...when an existing structure is altered or expanded in excess of 50%of the value
of the existing structure,as determined by the Building Official' (Attachment 7 - Municipal Code
Sections 12.16.050 & 17.60.060). Curb and gutter already exists on both frontages, so only
sidewalk, a curb ramp at the intersection and driveway ramp modifications to meet current ADA
requirements are required to meet City code requirements.
Request for deferral
The appellants have requested to defer the installation of sidewalk to a future date(Attachment 6).
If approved,a covenant would be required that would provide for the installation when called due
by the City,which would be recorded against the property and would"run with the land". 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".
Although not referenced in the letter, Mr. Philbin asked staff if other nearby remodels on Fixlini
and Iris were not required to install sidewalks or if they were allowed to defer them with covenants.
Staff researched the projects at 1439 his, 1867 Fixlini and 1959 Fixlini and found that those
projects did not constitute"substantial remodels" under the regulations,per valuations listed in the
building permit files and thus were not subject to requirements to install these improvements.
Council Agenda Report- 1480 Ella St.Sidewalk Appeal
Page 2
Existing sidewalks in neighborhood
In this case, sidewalk exists along the frontages of the 2 parcels adjacent westerly of the subject
parcel - except for about 50 ft. near Johnson Avenue. Across Ella St., about 50% of the frontage
have sidewalks in this block. There are a few other portions of sidewalk in this neighborhood,but
essentially, they do not provide for continuous pedestrian travel as shown in Attachment 4.
However, if the sidewalk were completed at this location, it would provide added pedestrian
accommodation to and from Johnson Avenue.
History of granting covenants
Until recently, covenants deferring these conditions have been approved by staff, usually in the
older subdivisions,where the adjacent properties do not have sidewalks. However,staff has taken
direction from Council goals that the City be made more "pedestrian friendly" and an emphasis
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 in over
two years. Thus,when property owners do not agree with the requirement,their only recourse is to
appeal the condition to the City Council. (Recently,the City Council heard appeals on Penny Lane,
Loomis Street,and Santa Maria Street).
Granting covenants puts an added burden on staff to monitor and notify property owners to
complete installation of the improvements at a future date. In many cases,a property owner may
not be financially able to comply at that time. On the other hand, a major project such as this one
would typically be financed and it would be logical to include it in a loan.
An additional burden is placed on staff and the City Council in the preparation of staff reports and
holding of public hearings on appeals,such as this. In the past,staff would not authorize deferral of
frontage improvements when there was a need and logic for the installation. In this case,staff feels
the logic is apparent in that pedestrian access can be enhanced,especially along Ella Street
As previously mentioned,the Council has put new emphasis on sidewalk installation by adopting
City goals to increase pedestrian access and specifically 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(since amended to become a new sidewalk installation project);and d)
directing that staff prepare a staff report for Council consideration to install new sidewalks on
Chorro Street,between Murray and Rougeot Streets.
CONCURRENCES
The Community Development Director and City Attorney concur with the recommended action.
FISCAL EMPACT: None
s-�.
Council Agenda Report- 1480 Ella St.Sidewalk Appeal
Page
ALTERNATIVES
Option 1:
Adopt a resolution upholding the appeal for the Fixlini Street frontage only, since there are
currently no adjacent sidewalks along that frontage, and authorizing recordation of a
covenant to postpone sidewalk improvements along the Fixlini Street frontage to a future
date when called due by the City.
Option 2:
Adopt a resolution upholding the appeal and authorizing the recordation of a covenant to
postpone sidewalk and curb ramp improvements to a future date along both frontages,when
called due by the City.
Attachments
1) Draft resolution denying appeal
2) Draft resolution upholding appeal only along Fixlini St
3) Draft resolution upholding appeal
4) Vicinity Map-showing existing sidewalks
5) Proposed project-site plan
6) Letter from Judy and Donald Philbin(11-16-98)
7) Municipal Code Sections 12.16.050& 17.60.060
FAMAgenda\Appeal of sidewalk requirement-1480 Ella St
5-5
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF -SAN LUIS OBISPO
DENYING AN APPEAL TO POSTPONE SIDEWALK IMPROVEMENTS ALONG THE
ELLA STREET AND F KLINI STREET FRONTAGES OF 1480 ELLA STREET
WHEREAS, the City Council conducted a public hearing on December 15, 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
standard sidewalk improvements per City regulations along the Ella Street and Fixlini
frontages of 1480 Ella Street is not justified under the appeal procedures of Municipal Code
Sections 12.16.050 & 17.60.060 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 postpone installation of sidewalk improvements along the Ella Street and Fixlini
Street frontages, pursuant to execution and recordation of a covenant to guarantee the
installation of same upon future notice by the Public Works Director, staff recommendations,
public testimony, and reports thereof, makes the following finding:
The condition which requires the installation of sidewalk improvements 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
sidewalk improvements is hereby denied.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
s-�
Resolution No. (1998 Series)
Page Two -
the.foregoing resolution was passed and-adopted this day of
Mayor Allen K. Settle
ATTEST:
City Clerk Lee Price
APPROVED-AS TO FORM:
i tto y ff J ensen
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO POSTPONE SIDEWALK Il"ROVEMENTS ALONG
TBE MMINI FRONTAGE OF 1480 ELLA STREET.
WHEREAS, the City Council conducted a public hearing on December 15, 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 along the Fixlini Street frontage of 1480 Ella Street would not result in
significant public inconvenience for pedestrians, motorists or bicyclists.
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 appellants'
request to postpone installation of sidewalk improvements along the Ella Street and Fixlini
Street frontages of 1480 Ella Street and staff recommendations, public testimony, and reports
thereof, makes the following finding:
The condition which requires the installation of standard sidewalk improvements along
the Fixlini Street frontage of 1480 Ella Street is not needed at this time to accommodate
orderly development and pedestrian travel and would otherwise cause an undue
hardship on the owners which does not apply to other property owners pursuant to City
Municipal Code Sections 12.16.050 & 17.76.060.
SECTION 3. AVRroval. The request to postpone the requirement to install standard
sidewalk improvements along the Fixlmi Street frontage of 1480 Ella Street, in conjunction
with a current building permit, is hereby postponed to a future date when required by the
Public Works Director, subject to execution and recordation of a covenant by the property
owners, which shall run with the land.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
5-C
Resolution No. (1998 Series)
Page Two
the foregoing resolution was passed and adopted this..day of __ _ _ ____ 1.998.
Mayor Allen Settle
ATTEST::
City Clerk Lee Price
APPROVED AS TO FORM:
K--,
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO POSTPONE SIDEWALK IMPROVEMENTS ALONG
THE ELLA STREET AND FIXLINI FRONTAGES OF 1480 ELLA STREET.
WHEREAS, the City Council conducted a public hearing on December 15, 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 would not result in significant public inconvenience for pedestrians,
motorists or bicyclists.
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 appellants'
request to postpone installation of sidewalk improvements along the Ella Street and Fixlini
Street frontages of 1480 Ella Street and staff recommendations, public testimony, and reports
thereof, makes the following finding:
The condition which requires the installation of standard sidewalk improvements along
the Ella Street and Fixlini Street frontages of 1480 Ella Street is not needed at this time
to accommodate orderly development and pedestrian travel and would otherwise cause
an undue hardship on the owners which does not apply to other property owners
pursuant to City Municipal Code Sections 12.16.050 & 17.76.060.
SECTION 3. Approval. The request to postpone the requirement to install standard
sidewalk improvements along the Ella Street and Fixlini Street frontages of 1480 Ella Street, in
conjunction with a current building permit, is hereby postponed to a future date when required
by the Public Works Director, subject to execution and recordation of a covenant by the
property owners, which shall run with the land.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
�-sr
Resolution No: (1998 Series)
Page Two
the:foregoing resolution was-passedand..adopted this_ day of.
Mayor Allen:Settle
ATTEST:
City Clerk Lee Price - -
APPROVED AS TO FORM:
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November 16, 1998
ueuC WOwKSru LMEESS
Mike McClusky
Public Works Department
955 Morro SUM
San Luis Obispo,CA 93401
Dear b& McClusky,
This letter is a request to defer the need to install sidewalks surrounding our residence at 1480 Ella
Street,which has been mandated as part of the permit processes for a residential remodel at that
address. I understand that this appeal must be reviewed and approved by the San Luis Obispo City
Council.
Thank you for arranging for this process at the soonest possible date.
Sincerely,
r
Judy Philbin
D.K Philbin
1480 Ella Street
San Luis Obispo,CA 93401
805-544-2879(hm)
805-782-4500 ext. 6035 (wk)
4741
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 such 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 ramp, the street
improveme�s directly related to the construction must be installed unless a waiver is obtained from the
director and community development duector. 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
in the amonat to be fixed by the director �s 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 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 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.(Ord. 1132§2, 1989:prior code§7330.8)
12.16.060 Appeals.
An appeal of a decision of the director shall follow the procedure set out in Chapter 1.20 of this code.
(Ord. 1132 §4, 1989: prior code§ 7330.9)