Item 1: Ordinance Concerning Public Improvements - Chapter 7 Revisions

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EC 7.415 Driveway Approaches: Confusion over why 7.415 would need to address the length of the driveway approaches was discussed. As indicated at the council work session, the use of the term driveway approach(es) in 7.415 is inaccurate. All of the driveway approach references in 7.415 relate to 7.410 and should be called “curb cut(s)” instead. The proposed ordinance now reads: “All [driveway curb cutscity manager or manager’s designee approaches] deemed by the [council] to exceed a curb reasonable length shall be reconstructed by the owners of the property served by such [approaches] cuts to conform to the provisions of this Code on or before three months after notice is given. Should curb the change not be made within the above mentioned time, the street adjacent to the [approaches] cuts shall be appropriately marked for parking by the city engineer, so as to conform to the provisions of curb cuts this Code regulating the length and number of [approaches] . In reconstructing and remodeling curb cuts the [driveway approaches] to conform to the provisions of this chapter, curbs shall be replaced in accordance with the specifications given by the city engineer.” EC 7.365 Access Ramps: The council raised the issue of whether requiring a property owner remodeling his/her home to construct an ADA access ramp would make a home remodel project cost- prohibitive. The requirement that a property owner build an ADA access ramp is only applicable when the property owner is required to construct a sidewalk along the frontage of their property. Pursuant to EC 7.385, although sidewalk construction is required concurrent with the issuance of a building permit for the construction of new structures and additions to structures, subsection (b) exempts the requirement for sidewalk construction when the building permit is for additions or alterations to single- family and duplex units. Accordingly, someone seeking to remodel a single-family home or duplex would not be required to construct a sidewalk and, therefore, would not be required to build an access ramp. The requirement to construct sidewalks (and access ramps), as that requirement relates to single- family homes, only applies to the construction of new single-family and duplex units. RELATED CITY POLICIES This item relates to the 2007 City Council value: A government that works openly, collaboratively, and fairly with the community to achieve measurable and positive outcomes. COUNCIL OPTIONS Not applicable, this is a public hearing only. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the Mayor and City Council convene the public hearing. Action on the ordinance is scheduled for the August 13, 2007, City Council meeting. SUGGESTED MOTION Not applicable, this is a public hearing only. ATTACHMENTS A. Draft Ordinance on Public Improvements L:\CMO\2007 Council Agendas\M070716\S0707161.doc