Request from Mayor Speake
Orange Heights Lane – Waiver of Sidewalk Improvement
(South Side between Main Street and Jasper Drive)
December 7, 2022
1 The Ask...
Does the City Council want to consider the
request by Mayor Speake on waiving the
construction of the missing sidewalk
improvements on the south side of Orange
Heights Lane between Main Street and Jasper
Drive.
2 Orange Heights Lane -Background
▷ Local street
▷ Length: Main Street to Mountain Gate Drive
▷ Right-of-way dedication exists
▷ Public street improvements including curb, gutter, sidewalk, streetlight and fire hydrants exist on both sides of the street, except on the south side between Main Street and Jasper Drive
▷ Previous City Council deferred the public improvements on the south side. Starting in 1992, the Council approved liens on three properties [376, 520 & 532 Orange Heights Lane] within this roadway segment to secure the cost of the construction of the future public improvements at the time of application of new construction.
Council determined that the construction of the missing public improvements in their entirety would be more beneficial to the local area than in short incremental sections.
3 Orange Heights Lane
234 Orange Heights Lane
▷ 5 acres
▷ Property owner applied for building permit to
construct a two-story, approximately 11,600 sf
accessory building.
▷ Street right-of-way along the front of the property
already dedicated to the City.
▷ Public improvements such as sidewalk, streetlight
and landscaped parkway missing adjacent to the
property.
▷ Owner was required to guarantee the cost of the
construction of the missing public improvement
adjacent to the property, per CMC Section
15.48.020.
▷ Estimated Cost: $46,691
Corona Municipal Code Chapter 15.48,
Off-Site Improvements
▷ Ensure required public street improvements are
put in place, such as sidewalks and streetlights, to
prevent hazards of vehicular traffic on
pedestrians and to prevent street crimes.
▷ Requires the construction of the missing public
improvements at the time of new construction on
property, as applicable.
▷ Ordinance makes provisions for the City Council
to waive or defer missing public improvements.
Corona Municipal Code Chapter 15.48,
Off-Site Improvements Waiver or Deferral Criteria
City Council must find all the following conditons exist for which a waiver or deferral of the requirement is sought:
(1) The strict application of the particular requirement will cause unnecessary hardship to the applicant, which is inconsistent with the findings, as stated in § 15.48.010; (2) There are exceptional circumstances or conditions applicable to the subject property, or to its proposed use or development which makes the application of the requirement unfair and oppressive to the applicant;
(3) Would not adversely affect the public health, safety, and general welfare, nor be injurious to any property or improvements in the immediate vicinity of the property for which the applicant has pending with the city a request for a building permit.
The City Council may impose any reasonable condition on a grant of a waiver or deferral under this chapter, including the filing of improvement security in the case of a deferral.
Concerns Expressed
1. Actual Construction Cost Higher than Estimated Cost
2. Undergrounding of Utility Poles
3. Power Lines May Conflict with Sidewalk and Streetlight
4. Grade Drop may require Extensive Grading
5. Other Like Streets have Limited or No Sidewalks
8 9
▷ Staff provided a cost estimate of $46,691 for improvements in public right of way ○Includes, sidewalk, streetlight, grading and driveway approaches in public right of way ○ Does not include driveway, fence, gate or work on private property ○ Does not include cost for undergrounding utilities
▷ Staff recommends the property owner pay fair-share of public improvement costs to relieve his obligations to construct the public improvements. ▷ When City constructs public improvements at a future date, it will be responsible for all costs, including any necessary work on private property.
1. Actual vs. Estimated Construction Costs
10 ▷ Per CMC 15.60, the property owner is conditioned
to Underground Utilities.
▷ The property owner can pay for the fair share cost
to underground utilities to relieve his obligations.
SCE estimates $35K-$40K per pole for
undergrounding costs.
▷ The property owner can enter into a lien to defer
undergrounding utilities along his frontage. There
are a total of10 utility poles along Orange Heights
Lane.
▷ The property owner can apply for a waiver under
CMC Section 15.06.060. Staff has already
provided information to the applicant regarding
process and fees.
2. Undergrounding Wires and Poles
11 ▷ Sidewalks can be installed
following the grade within the 24
feet right of way.
▷ A street light may be installed
under the power lines or on the
power pole fronting the property.
▷ CMC Section 15.06.060 allows the
applicant to apply for a waiver
through the City Council. Staff
has provided information to the
applicant to apply for the waiver.
3. Utility lines and poles conflict with
sidewalk and streetlights
12 ▷ There is a grade difference of 4-5 feet along
a horizontal distance of 42 feet between
the property wall/fence and street.
▷ The sidewalk can be designed and
constructed to follow the existing slope to
avoid excess grading.
▷ The existing driveway has a 12-15 percent
gradient and levels off at the gate. Adding
a 4-foot section of sidewalk across the
driveway requires reconstruction of the
driveway and little to no modifications to
the gate.
4. Grade drop requires excess grading,
driveway, and fence/gate modification
13 ▷ Municipal Code Chapter 15.48 governs
public improvements related to new
construction.
▷ Public improvements are typically
conditioned as part of the building
permit. The applicant must construct,
pay its fair share, or defer and pay for
the improvements at a future date.
▷ Accessory Dwelling Units (ADUs) are
regulated by the State and are exempt
from public improvements.
5. Garretson between Santana and Pacific,
Gilbert s/o Cleveland are similar streets
The request: Waive the construction of the missing sidewalk improvements on the south side of Orange Heights Lane between Main Street and Jasper Drive OPT. 1
OPT. 2
Direct staff to prepare a report with the required findings for the City Council’s consideration to waive the sidewalk improvements within the City’s dedicated right-ofway on the south side of Orange Heights Lane between Main Street and Jasper Drive.
Pros: Lowers the cost of construction for current and future development on the southern section of Orange Heights Lane between Main Street and Jasper Drive.
Cons: Public improvements would not be built consistent with other areas of the community or for those on this street that have already paid to have the improvements installed. Potentially creates a precedent for waiving the installation of public improvements in other areas of the community. 14 The request: Waive the construction of the missing sidewalk improvements on the south side of Orange Heights Lane between Main Street and Jasper Drive OPT. 1
OPT. 2
Direct staff to implement the requirement of CMC Section 15.48.020:
• Have the public improvements adjacent to 234 Orange Heights Lane deferred. • Have the property owner pay the City the estimated construction cost of the public improvements adjacent to the property.
• Have the property owner pay the cost upfront now for the improvements, with the City building the improvements at an appropriate point in the future. • Continue to collect payments from the property owners on the south side of Orange Heights Lane between Main Street and Jasper Drive when the on-site construction of new buildings occurs on the properties.
Pros: Provides the funding to the city to complete the public improvements at one time along the south side of this section of Orange Heights.
Cons: Increases the cost of development to the residents in this roadway segment by having to pay their fair share for the construction of the missing public improvements. 15 Option 2
Staff’s Recommendation
16 Direct staff to implement the requirement of CMC Section 15.48.020:
• Have the public improvements adjacent to 234 Orange Heights Lane deferred. • Have the property owner pay the City the estimated construction cost of the public improvements adjacent to the property.
• Have the property owner pay the cost upfront now for the improvements, with the City building the improvements at an appropriate point in the future. • Continue to collect payments from the property owners on the south side of Orange Heights Lane between Main Street and Jasper Drive when the on-site construction of new buildings occurs on the properties.
The Ask...
Does the City Council want to consider the
request by Mayor Speake on waiving the
construction of the missing sidewalk
improvements on the south side of Orange
Heights Lane between Main Street and Jasper
Drive.
17 Discussion
18