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HomeMy WebLinkAboutAgenda Report - May 4, 2005 E-19 PHAGENDA ITEM E`"19 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set public hearing for May 18, 2005, to consider the appeal from Lowe's HIW, Inc., regarding the Planning Commission's decision of April 13, 2005, pertaining to the application of design standards for Large Retail Establishments to their Lodi store. MEETING DATE: May 4, 2005 PREPARED BY: Community Improvement Manager RECOMMENDED ACTION: That the City Council set a public hearing for May 18, 2005, to consider the appeal from Lowe's HIW, Inc., regarding the Planning Commission's decision of April 13, 2005, pertaining to the application of design standards for Large Retail Establishments to their Lodi store. BACKGROUND INFORMATION: At their April le, 2005 meeting, the Planning Commission conducted a Public Hearing regarding the review of outside storageldisplay limitations for the Lowe's store located at 1389 S. Lower Sacramento Road. After considerable discussion through the public hearing process, the Planning Commission approved a motion confirming that the Design Standards for Large Retail Establishments do apply to the project in question, therefore determining that any proposed plan for outdoor storage/display must meet those guidelines. On April 18th, 2005, an appeal from Jennifer E. Renk, attorney from the law firm of Steefel, Levitt and Weiss, was received on behalf of their client, Lowe's HIW, Inc., seeking the City Council's review of the Planning Commission's decision. A copy of that appeal is attached for reference. FISCAL IMPACT: Not Applicable FUNDING AVAILABLE: Not Applicable cc: City Attomey Planning Commission Jennifer E. Renk, ateefel, Levitt & Weiss APPROVED: Blair , City Manager Via Federal Express City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 Re: Dear City Clerk: a 1 aeolel STEER, LEVITT & WEISS A Professional Corporation April 15, 2005 R E C E I Y ED M5 APP 18 AM 8. 38 C�=7-- ', l i li MJF LO'p Appeal of Planning Commission Decision on Lowe's Store on April 13, 2005 On April 13, 2005, the Planning Commission determined that the City Design Standards for Large Retail Establishments applied to the certain aspects of the Lowe's store located at Lower Sacramento Blvd and Kettleman Lane. On behalf of our client, Lowe's HIW, Inc., we appeal the Planning Commission decision to the City Council. Lowe's does not agree that the Design Standards apply to the Lowe's project or site plan, in particular, the store's outdoor display and storage. The reasons that the Design Standards are not applicable are set forth in our letter to the Planning Commission, dated April 13, 2005 (which is attached hereto), and the testimony before the Planning Commission, both of which are incorporated herein by this reference. Enclosed is a check for the appeal fee of $250.00. Please provide us notice of the date on which the City Council will consider this appeal. Sincerely, r r� Jennifer E. Renk Enclosure 19132:6442118.1 ,/CC HR I> IS SCA LIB PR _ZCD EUD PD FIN PW FD _FD COM One Embamadero Center, 30th Fox, San Francisco. Calltomia 94111-3719 • Prone: (415) 788-0900 • Fax: (415) 788-2019 San Francisco, CA Los Angeles, CA Stamford, CT www.steefel.com . r Ueele RECEI . E D STEEFEL, EEVITT & WEISS n e I �t t� A Professional Corporation 205 � � APR ! 8 A � 8^ 110 l I I `i CL CITY Of LODI April 13, 2005 VIA FACSIMILE Members of the Planning Commission City of Lodi 221 W. Pine Street Lodi, CA 95242 19132 Re: Agenda Item 3(e)—Determination of Applicability of Design Standards for Large Retail Establishments to the Lowe's Store in the City of Lodi Dear Members of the Planning Commission: We represent Lowe's HIW, Inc. in connection with the Planning Commission's consideration on April 13th of the applicability of the City's Design Standards for Large Retail Establishments (Design Standards) to the fully entitled and operational Lowe's store in the City of Lodi. For the reasons stated below, we urge the Planning Commission to determine that, in fact, such retroactive application of these Design Standards is not only inappropriate, but unnecessary in light of Lowe's ongoing efforts to work with the City to find an acceptable solution to its outdoor display and storage needs. I. introduction By way of background, the Vintner's Square Shopping Center was approved by the Planning Commission on May 14, 2003. On May 22, 2003, the Site Plan and Architectural Review Committee (SPARC) held a special meeting in order to consider the Lowe's proposal to build a 161,234 square foot commercial home improvement center within the Vintner's Square Shopping Center. Based on staff's recommendation, SPARC approved the site plan with conditions based on findings that it provided the elements for a well designed shopping center, was consistent with the project analyzed in the Environmental Impact Report, and complied with all applicable provisions of the Commercial Shopping (C -S) zoning district. Although staff had recommended that SPARC add a condition that would prohibit all outdoor storage and displays, after much deliberation, SPARC unanimously passed a-motion with a modified condition that read: "The storage and/or display of materials shall be allowed in defined areas that are identified by SPARC prior to the final occupancy of the building," The minutes reflect that SPARC contemplated allowing up to at least seven (7) One Embarcadero Center, 30th Floor, San Francisco, California 94111-3719 • Phone: (415) 788-0900 • Fan: (415) 788-2019 San Francisco, CA Los Angeles, CA Stamford, CT www.ste0el.com Members of the Planning Commission April 13, 2005 Page Two months after the building was constructed for this outdoor area to be defined in order to provide for input from store management. Lowe's willingly accepted this condition. In March 2004, Lowe's pulled its building permit in order to begin construction. At the end of October 2004, the City issued its Certificate of Occupancy and the Lowe's store opened on November 3, 2004. Directly prior to the store's opening, Lowe's submitted its outdoor storage plan to SPARC and a hearing was held on November 1, 2004. At this hearing, staff recommended a plan allowing for limited outdoor display and storage with the following three conditions: • A minimum 8 -foot wide sidewalk must be maintained in front of the store pursuant to the requirements of the Large -Scale Design Requirements adopted earlier this year. e No display or storage of materials will be allowed in parking, drive or loading areas as depicted on the approved site plan. A minimum 4 -foot wide sidewalk is required around the building for ADA and emergency access. After further consideration, Lowe's determined that the imposition of the first condition was too restrictive for the space in front of its store and asked that it be able to withdraw and revise the plan. Specifically, Lowe's realized that the 8 -foot wide sidewalk requirement stemming from the Design Standards was too onerous for its display needs. Lowe's also objected to the City's application of the Design Guidelines to its project that had been approved well before the City adopted the Design Standards. SPARC then tabled the, item and staff subsequently requested that the Planning Commission agendize an item to discuss and determine the applicability of the Design Standards to the Lowe's outdoor storage and display issue. II. Applicability of Design Standards for Large Retail Establishments For the reasons set forth below, we believe that these Design Standards should not be applied to the Lowe's outdoor storageldisplay plan. • Design Standards do not apply retroactively to the Lowe's project. In May 2003, SPARC approved the Lowe's project and the City issued a building permit in March 2004. On April 7, 2004, almost one year after the City's approval of the Lowes project, the Lodi City Council adopted Ordinance No. 1746, Design Standards for Large Retail Establishments, effective thirty days thereafter on May 7, 2004. The Lowe's project was approved and permitted months before the Design Standards became effective and at no time did SPARC ever discuss their applicability to the Lowe's project. Members of the Planning Commission April 13, 2005 Page Three r aeut SiEEFEL [Bill 6 WEISS Furthermore, by the City's own terms, the language of the ordinance clearly indicates that these Design Standards apply only to future large-scale retail projects and not to those that have already been approved. Here, Lowe's is not only approved, but constructed and open. Therefore, under the terms of its own ordinance, the Design Standards do not apply, and a retroactive application is not permissible. • Outdoor display is part of the overall Lowe's project and is not a "new" project. SPARC adopted a condition of approval providing for outdoor display and storage during its original consideration of the Lowe's project. The outdoor display plan is not a "new" project for purposes of applying the subsequent Design Standards. The outdoor display is incidental to, and part of, the original Lowe's project and is therefore not subject to the Design Standards. Moreover, the Design Standards would not apply to the outdoor/display question because the area in question does not meet the ordinance's 25,000 square foot threshold. • Lowe's meets the spirit and intent of the Design Standards. When Lowe's prepared its site plan for approval, it relied upon the requirements in place at the time. If the City had an 8 -foot minimum sidewalk requirement in place prior to Lowe's approval, Lowe's would have designed its site plan to accommodate the outdoor display areas in such a way that would comply while meeting its display needs. Now, however, in fairness to Lowe's, it would be inappropriate to apply these Design Standards after the fact. Therefore, Lowe's asks that it be allowed to work with SPARC and staff to resolve the outdoor display/storage absent the Design Standards but in keeping with the City's vision for large scale retail development. 111. Conclusion Lowe's asks that the Planning Commission determine that the Design Standards are inapplicable to the Lowe's outdoor storage/display plan. More importantly, however, Lowe's would like to stress its commitment to working with staff to arrive at a mutually acceptable solution that conforms to the spirit and intent of the City's Design Standards for Large Retail Establishments. Lowe's has enjoyed a productive relationship with the City thus far and looks forward to continuing in this vein. Members of the Planning Commission April 13, 2005 Page Four Thank you for your consideration. Sincerely, Jennifer E. Renk cc: John Beckman, Mayor Members of the City Council D. Stephen Schwabauer, City Attorney 19132:6440170.3 L Ueelel sTTEfll, UVITT 6 wills CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6702 FAX (209) 333-6807 citycirk@lodi.gov April 18, 2005 Jennifer E. Renk Steefel Levitt & Weiss One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney RE: APPEAL OF PLANNING COMMISSION DECISION (04113105) Determination that the Lowe's store in Lodi would abide by the design standards for Large Retail Establishments The City Clerk's Office is in receipt of your correspondence regarding the above subject dated April 15, 2005, which has been timely filed in accordance with Lodi Municipal Code 17.72.110. This letter is to inform you that in addition to providing a copy to the City Council we have forwarded your correspondence to the following departments for information, referral, or handling: 1) City Manager, 2) City Attorney, and 3) Community Development. Your check in the amount of $250 to appeal the decision of the Planning Commission was forwarded to the Community Development Department. You will be notified in writing of the date this matter will be considered by the City Council. Should you have any questions regarding this, please contact the City Clerk's . Office at (209) 333-6702. Sincerely, as'a`n�i.�Iaston ilvCity Clerk SJBrmp cc w/enclosure: City Council City Manager City Attorney Community Development Department Via Federal Express City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 M Dear City Clerk-, r S[0810 STEEEEL, LEVITT & WEISS A Ptotessional Corporation April 15, 2005 Appeal of Planning Commission Decision on Lowe's Store on April 13, 2005 On April 13, 2005, the Planning Commission determined that the City Design Standards for Large Retail Establishments applied to the certain aspects of the Lowe's store located at Lower Sacramento Blvd and Kettleman Lane. On behalf of our client, Lowe's HIW, Inc., we appeal the Planning Commission decision to the City Council. Lowe's does not agree that the Design Standards apply to the Lowe's project or site plan, in particular, the store's outdoor display and storage. The reasons that the Design Standards are not applicable are set forth in our letter to the Planning Commission, dated April 13, 2005 (which is attached hereto), and the testimony before the Planning Commission, both of which are incorporated herein by this reference. Enclosed is a check for the appeal fee of $250.00. Please provide us notice of the date on which the City Council will consider this appeal. Sincerely, .Z. Jennifer E. Renk Enclosure 19132:6442118.1 Nf CC HR Is ,SCM SCA CA 1_I B /CD �PR EUD SPD �F1N PW —FIN _FD COM One Embarcadero Center, 30th Floor, San Francisco, California 94111-3719 • Phone: (415) 788-0900 • Fax: (415) 788-2019 San Francisco, CA Los Angeles, CA Stamford, CT www.steefel.com CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOB JOHNSON JOANNE MOUNCE April 28, 2005 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6702 FAX (209) 333-6807 cityclrk@lodi.gov Steefel, Levitt & Weiss Jennifer E. Renk One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney APPEAL OF PLANNING COMMISSION DECISION (04-13-05) Determination that the Lowe's store located at 1389 S. Lower Sacramento Road would abide by the Design Standards for Large Retail_ Establishments This is to notify you that at the City Council meeting of May 4, 2005 at 7:00 p.m. or as soon thereafter as the matter can be heard, in the Council Chamber, at the Carnegie Forum, 305 West Pine Street, Lodi, the Council will consider setting the date for the public hearing pertaining to the above matter. Enclosed is a copy the May 4, 2005 City Council agenda and staff report related to Consent Calendar Item E-19 as prepared by the Community Development Department. The Community Development Department is recommending that the hearing be scheduled for May 18, 2005. Please note that prior to voting on the Consent Calendar the Mayor will offer an opportunity to the public to make comments. Should you wish to da so, please submit a "Request to Speak" card (available in the Carnegie Forum) to the City Clerk prior to the opening of the meeting. Should you have any questions, please contact me at 333-6702, or the Community Development Department at 333-6711. Susan J. Blackston City Clerk cc: Community Development Department PROOF OF PUBLICATION (2015.5 C.C.C.P.) STATE OF CALIFORNIA ,aunty of San Joaquin am a citizen of the United States and a resident f the County aforesaid: I am over the age of ighteen years and not a party to or interested a the above entitled matter. I am the principal Jerk of the printer of the Lodi News -Sentinel, a swspaper of general circulation, printed and ublished daily except Sundays and holidays, in x City of Lodi, California, County of San Joaquin nd which newspaper had been adjudicated a ewspaper of general circulation by the Superior 'curt, Department 3, of the County of San Joaquin, tate of California, under the date of May 26th, g53. Case Number 6599o; that the notice of which ie annexed is a printed copy (set in type not aWler than non-pareil) has been published in u h regular and entire issue of said newspaper nd not in any supplement thereto on the following aces to -wit: IRY 7th 9 in the year 2005. certify (or declare) under the penalty of perjury iat the foregoing is true and correct. rated at Lodi, ' ornia, this 7th day of lay, 2005 ................................ .. ... ... L R -cEI Y ED This space is for the �s '�grk'�amp Proof of Publication of lotice of Public Hearing C['Y CLLR: CITY OF LOW Signature I 85oi768 CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: May 18, 2005 Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 18, 2005 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) the appeal from Lowe's HIW, Inc., regarding the Planning Commission's decision of April 13, 2005, pertaining to the application of design standards for Large Retail Establishments to their Lodi store. Information regarding this Rem may be obtained in the office of the Community Development Department, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: May 4, 2005 Approved as to form: D. Stephen Schwabauer City Attorney J:1CrrYCLRK1F0RMSV)Mdd2.doc 513705 -PIease immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER THE APPEAL FROM LOWE'S HIW, INC., REGARDING THE PLANNING COMMISSION'S DECISION OF APRIL 13, 2005, PERTAINING TO THE APPLICATION OF DESIGN STANDARDS FOR LARGE RETAIL ESTABLISHMENTS TO THEIR LODI STORE PUBLISH DATE: SATURDAY, MAY i, 2005 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 5, 2005 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK e� )� Appez r`.?,ce .f his Legal 1'= 'he Newspaper Copy to File NQLD:&00F .OAF'. t1DVERT'1ja fE-NT. M NA10 l.' Faxed to the. Sentinel at 360.4084 a# (time) on (date) {pages) LNS Phoned to confirm receipt of all pages at - (time). Jai:. — KJC Jan (initials). N:\Adniinistratiorl\CLERK1YJC1Advinsl.doc DECLARATION OF POSTING SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER THE APPEAL FROM LOWE'S HIW, INC., REGARDING THE PLANNING COMMISSION'S DECISION OF APRIL 13, 2005, PERTAINING TO THE APPLICATION OF DESIGN STANDARDS FOR LARGE RETAIL ESTABLISHMENTS TO THEIR LODI STORE On Friday, May 6, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider the appeal from Lowe's HIW, Inc., regarding the Planning Commission's decision of April 13, 2005, pertaining to the application of design standards for Large Retail Establishments to their Lodi store, (attached hereto, marked Exhibit "A"), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Camegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on May 6, 2005, at Lodi, California Kari J. Chadwick Administrative Clerk N:1Adcvinistration\CLERKIKICIDECPOS12.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk 4DDECLARATION OF MAILING SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER THE APPEAL FROM LOWE'S HIW, INC., REGARDING THE PLANNING COMMISSION'S DECISION OF APRIL 13, 2005, PERTAINING TO THE APPLICATION OF DESIGN STANDARDS FOR LARGE RETAIL ESTABLISHMENTS TO THEIR LODI STORE On May 6, 2005, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a notice to set public hearing for May 18, 2005, to consider the appeal from Lowe's HIW, Inc., regarding the Planning Commission's decision of April 13, 2005, pertaining to the application of design standards for Large Retail Establishments to their Lodi store, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit 'B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 6, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KARI J. CHADWICK ADMINISTRATIVE CLERK Forms/decmai12.doc SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK CITY OF LODI CITY HALL, 221 W. PINE ST. R O. BOX 3006 LODI, CALIFORNIA 95241-1 91 0 SET PUBLIC HEARING FOR MAY 18, 2005, TO CONSIDER THE APPEAL FROM LOWE'S HIW, INC., REGARDING THE PLANNING COMMISSION'S DECISION OF APRIL 13, 2005, PERTAINING TO THE APPLICATION OF DESIGN STANDARDS FOR LARGE RETAIL ESTABLISHMENTS TO THEIR LODI STORE Jennifer E. Renk cla Steefel Levit &Weiss One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 (3-7 M r(s) Eddie Aguirre Dennis Haugan Randy Heinitz Tim Mattheis Gina Moran David Phillips Dennis White 0 6 yy-\ 1"S s t crn ecS Pat Patrick c/o Chamber of Commerce 35 S. School Street Lodi, CA 95240 Lowe's Home improvement Store Attn: Erik Hajek 1389 S. Lower Sacramento Road Lodi, CA 95242 CITY OF LODI CITY HALL, 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 Notice u Public 'Hearing CITY OF LODI CITY MALL, 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 Notice of Public Hearing CERTIFIED MAILrm 7003 3110 0001 9935 9364 Steefel, Levitt & Weiss Jennifer E. Renk One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 Steefei, Levitt & Weiss Jennifer E. Renk One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE May 5, 2005 CITY OF L O D I BLAIR KING, City Manager SUSAN J. BLACKSTON CITY HALL, 221 WEST PINE STREET City Clerk P.O. BOX 3006 D. STEPHEN SCHWABAUER LODI, CALIFORNIA 95241-1910 City Attorney (209)333-6702 FAX (209) 333-6807 citycirk@lodi.gov MAILED CERTIFIED MAIL AND REGULAR U.S. POSTAL DELIVERY Steefel, Levitt & Weiss Jennifer E. Renk One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 NOTICE OF CITY COUNCIL PUBLIC HEARING — May 18, 2045 This letter is to notify you that a public hearing will be held by the City Council on Wednesday, May 18, 2005, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. This hearing is being held to consider your appeal of the Planning Commission decision on April 13, 2005 pertaining to the application of Design Standards for Large Retail Establishments to the Lodi Lowe's store. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c% the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-9914 or delivered to the City Clerk at 229 West Pine Street, Lodi, California. Should you have any questions, please contact my office or the Community Development Department at (209) 333-6711. Sincerely, Susan J. Blackston City Clerk cc: Community Development Department