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HomeMy WebLinkAboutAgenda Report - July 20, 2005 I-01 PHAGENDA ITEM 1 ~ 1 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Conduct a public hearing to consider the appeal from Yousef Haddad regarding the Planning Commission's decision of May 25, 2005 to deny his request for a Use Permit to replace seven existing condemned apartment units and a single family house with seven new units located at 501 East Maple Street. MEETING DATE: July 20, 2005 PREPARED BY: Community Development Director RECOMMENDED ACTION: Conduct a public hearing to consider the appeal from Yousef Haddad regarding the Planning Commission's decision of May 25, 2005, to deny his request for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street. After reviewing the Staff Report and all relevant testimony through the public hearing, it is my recommendation that the City Council deny the appeal of Yousef Haddad, thereby upholding the findings and decision of the Planning Commission to deny the Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street, thereby deny the appeal of Yousef Haddad. BACKGROUND INFORMATION: The Appellant owns the property located at 501 E. Maple Street in Lodi, where there currently exists seven vacant, condemned dwelling units and one vacant single-family dwelling. The seven condemned units are old "motor inn motel" units that are extremely small, substantially deteriorated and have not been occupied for several decades. There is also a single-family dwelling upon the property that has been occupied on and off for the past several years. After reviewing the options regarding rehabilitating the existing structures, the Appellant decided that there were limitations to the existing structures and that it was more cost effective to demolish those existing structures and rebuild new units. As this property is located in a RE -1 (Residential -Eastside Single-family) zone, normal zoning regulations would deem the multi -family use to be non -conforming, thereby prohibiting the rebuild or renovation of anything more than what current code requirements allow. However, the Zoning Ordinance for Lodi is specifically worded in this regard to allow those structures to be conforming units and the reconstruction of multi -family units is allowed, providing that they obtain a Use Permit. APPROVED: Blair King, City Manager The Appellant's request for a Use Permit from the Planning Commission encountered opposition from the surrounding neighborhood. The neighbors' position was that a project of that size, while addressing the immediate issue of visual blight of the existing units, was still inappropriate for that location and detrimental to the neighborhood due to the scale of the buildings to be built there, two-story townhouses, and that the occupancy of seven, larger apartment units would be a significant increase in the density and traffic load on the neighborhood, compared to that of the one single-family dwelling that has been the normal use of the property for several decades. Neither the Appellant, nor any project representative, were present at that public hearing before the Planning Commission, to respond to questions regarding the proposed scale and density of the project. Based upon the information from the surrounding residents presented during the public hearing, the Planning Commission found that, 1) the request was not beneficial to the City or the surrounding neighborhood in that the proposed project was too dense for the neighborhood setting and the design does not fit the character of the neighborhood, and 2) that the reconstruction of multi -family dwellings on the subject property using the proposed design and density is detrimental to the health, safety and welfare of the community. Based upon those findings the Planning Commission thereby denied the Appellant's request for a Use Permit. Upon learning of the Planning Commission's denial of their request, the Appellant filed an application for appeal within the required time, asking for a hearing where they can request that the City Council overturn the Planning Commission's decision. While this appeal was being processed, Community Development staff facilitated a community meeting between the Appellant and the residents of the surrounding neighborhood, to see if any concessions could be made to accommodate the concerns of the neighborhood residents and still allow the Appellant to pursue a cost-effective project upon the subject property. Unfortunately, no progress was made at that meeting toward reaching a compromise between the Appellant and the neighborhood residents, so the appeal is still being brought forward at the request of the Appellant. A Vicinity Map and Proposed Site Plan are attached as Exhibits A & B for reference. FISCAL IMPACT: None FUNDING AVAILABLE: Not Applicable Jood ity Devel �eUirector JW/nme Attachments cc: City Attomey Yousef Haddad 807 815 821 #a,,Q 825 825 112 44 Ni" a_ cNi 0 v It � 900 to 90 ManA••+ 901 VICINITY MAP EXHIBIT "A" David Miraflor Use Permit, Rebuild 7 Units 501 Maple Street U-05-06 z J W LIJ0 W rZ V 614 tri v u� 711 712 1]LJ r Lo � ', r r � jol � N620 I ,n 0 rn ci �jC7u7 C3 2 40 u� YM err rn 1n t,n LO C14 v LO cy) 717 uy I Toka N CO co 71 u7 to Ln 0 o CD Ln 701 to N N cNv N N Mcr) � qt qt v LO to � � 700 d 723 112 723orr 0 0 co N sn 726 707 704 r 727 LO �o LO 728 708 00 N tD '`r N N to co r 807 815 821 #a,,Q 825 825 112 44 Ni" a_ cNi 0 v It � 900 to 90 ManA••+ 901 VICINITY MAP EXHIBIT "A" David Miraflor Use Permit, Rebuild 7 Units 501 Maple Street U-05-06 z J W LIJ0 W rZ V 711 712 c U.) r Lo � tr 708 c%j LO C14 v LO cy) 717 uy I co 71 Ln 0 o CD Ln CO to 716 � � � � � � � 723 112 723orr 0 0 co N sn 726 727 LO �o LO 728 Lr)L `� 0 7z o LO Y m 0 731 734 o C r Lo co N 740 m N ' cn — r - U 40 112 co tr , to 0 ti r LOu7 M r r N l[1 744 CV) 0 CDr tU') U-) o N `r° N N O v 800 00 Lo _N to r tri C7 N LO 800 v v v v 802 808 $11 81 810 #B 81 $12 LO to 816 816 uz rn m N M c�7 th 81 p e r v d v 820 to t LO en c:, N N N N Cy) 821 822 823 826 24 0 825 834 30 't , v -T 829 834 B36'� 36 838 40to 42 rn c� rn `n N � (M� It I �' 840 t 807 815 821 #a,,Q 825 825 112 44 Ni" a_ cNi 0 v It � 900 to 90 ManA••+ 901 VICINITY MAP EXHIBIT "A" David Miraflor Use Permit, Rebuild 7 Units 501 Maple Street U-05-06 z J W LIJ0 W rZ V Feb 23 05 08:45a ., p-2 EXHIBIT "B" I I I_ f � I N EXHIBIT "B" I I f EXHIBIT "B" I I CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE Yousef Haddad 4327 Curlew Street Stockton, CA 95219 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 July 21, 2005 BLAIR KING, City Manager SUSAN J. BLACKSTON City Cleric D. STEPHEN SCHWABAUER City Attorney RE: Resolution Upholding the Planning Commission's Decision to Deny Request for Use Permit to Replace Seven Existing Condemned Apartment Units and a Single -Family House with Seven New Units Located at 501 East Maole Street The Lodi City Council, at its meeting of July 20, 2005, adopted the enclosed resolution upholding the Planning Commission's decision of May 25, 2005, to deny your request for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street. Should you require further information or have any questions, please feel free to contact my office, or Community Development at (209) 333-6711. Sincerely, U � - Susan J. Blackston City Clerk SJB/JMP Enclosure cc: Community Development Department Col lowu p/iTransmittal.doc RESOLUTION NO. 2005-149 A RESOLUTION OF THE LODI CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION OF MAY 25, 2005, TO DENY REQUEST OF YOUSEF HADDAD FOR A USE PERMIT TO REPLACE SEVEN EXISTING CONDEMNED APARTMENT UNITS AND A SfNGLE-FAMILY HOUSE WITH SEVEN NEW UNITS LOCATED AT 501 EAST MAPLE STREET WHEREAS, notice thereof having been published according to law, an affidavit of which is on file in the office of the City Clerk, a public hearing was held July 20, 2005, by the Lodi City Council to consider the appeal of Yousef Haddad regarding the Planning Commission's decision of May 25, 2005, to deny his request for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does uphold the Planning Commission's decision to deny the request of Yousef Haddad for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street. Dated: July 20, 2005 I hereby certify that Resolution No. 2005-149 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 20, 2005, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Mounce NOES: COUNCIL MEMBERS — Mayor Beckman ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2005-149 RECE1'..'ET PROOF OF PUBLICATIOP5 A'J G T d A h I' iii pace is for the County Clerk's Filing Stamp (2015.5 C.C.C.P.) CITY OF L STATE OF CALIFORNIA County of San Joaquin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily except Sundays and holidays, in the City of Lodi, California, County of San Joaquin and which newspaper had been adjudicated a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953. Case Number 65990; that the notice of which the annexed is a printed copy (set in type not smaller than non-pareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereto on the following dates to -wit: July 9th all in the year 2005. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Datedat di, California, this 9th day of Jul -o5 � r ':�.0 ..,.... . ................... Proof of Publication of Notice of Public Hearing NO710E OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday. July 20, 2t10s, at e hour of 7:00 p.m., or as soon ereafter as the matter may be hearts, the City Council will con= duct a Public Hearingg at the Carnegie Forum, 305 West Pine Street, Lodi, to consider: a) appeal from Yousef Haddad regarding the Planning Commission's decision of May 25, 2005, to deny his request for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street. Information regarding this item is available and may be obtained in the office of the Community Development Department, 221 West Pine Street, Lodi, Callbmia. All interested persons are invited to present their views and com- menta 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 sutyecl mat- ter In court, you may be {honed to raising only those issues you or someone else raised at the Public Hearing described in 9* notice or in written correspondence delivered to the City Cleric, 221 West Pine Street, at or prior to the Public Hearing. By order of the Lodi City Council: Susan J. Bladcslon City Clerk Dated: July f, 2005 Approved as to form: D. Stephen Schwabauer City Attorney July 9, 2005 — 08501997 Signature 1 8501997 Please immediately confirm receipt of this fax by catling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SET PUBLIC HEARING FOR JULY 20, 2005, TO HEAR AN APPEAL FROM YOUSEF HADDAD REGARDING THE PLANNING COMMISSION'S DECISION OF MAY 25, 2005, TO DENY HIS REQUEST FOR A USE PERMIT TO REPLACE SEVEN EXISTING CONDEMNED APARTMENT UNITS AND A SINGLE-FAMILY HOUSE WITH SEVEN NEW UNITS LOCATED AT 501 EAST MAPLE STREET PUBLISH DATE: SATURDAY, JULY 9, 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 95241-1 91 0 DATED: THURSDAY, JULY 7, 2005 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK KAKI J. DWICK ADMINI ATIVE CLERK JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK Faxed to the Sentinel at 369-1484 at (time) on (date) (Pn* LNS Phord:to gonfirm receipt of all pages at (bine) _'Jac' _ KJC _Jiri (initials) NV \Administration\CLERK1KIC1AdvinsLdoc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: July 20, 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, July 20, 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: a) appeal from Yousef Haddad regarding the Planning Commission's decision of May 25, 2005, to deny his request for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street. Information regarding this item is available and 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: July 6, 2005 Approved as to form: D. Stephen Schwabauer City Attorney N:L4dministration' CLERKIPUBHEARW OTICESW OTOW.DOC 716/D5 DECLARATION OF POSTING SET PUBLIC HEARING FOR JULY 20, 2005, TO HEAR AN APPEAL FROM YOUSEF HADDAD REGARDING THE PLANNING COMMISSION'S DECISION OF MAY 25, 2005, TO DENY HIS REQUEST FOR A USE PERMIT TO REPLACE SEVEN EXISTING CONDEMNED APARTMENT UNITS AND A SINGLE-FAMILY HOUSE WITH SEVEN NEW UNITS LOCATED AT 501 EAST MAPLE STREET On Friday, July 8, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing for the appeal from Yousef Haddad regarding the Planning Commission's decision of May 25, 2005, to deny his request for a Use Permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street, (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 Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on July 8, 2005, at Lodi, California ri J. dwick Adminis ative Clerk N:1Administration\CLERK\KJCIDECPOSTI .DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk DECLARATION OF MAILING SET PUBLIC HEARING FOR JULY 20, 2005, TO CONSIDER AN APPEAL FROM YOUSEF HADDAD REGARDING THE PLANNING COMMISSION'S DECISION OF MAY 25, 2005, TO DENY HIS REQUEST FOR A USE PERMIT TO REPLACE SEVEN EXISTING CONDEMNED APARTMENT UNITS AND A SINGLE-FAMILY HOUSE WITH SEVEN NEW UNITS LOCATED AT 501 EAST MAPLE STREET On July 8, 2005, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, an envelope with first class postage prepaid thereon, containing a notice to set public hearing for July 20, 2005, to consider an appeal from Yousef Haddad regarding the Planning Commission's decision of May 25, 2005, to deny his request for a use permit to replace seven existing condemned apartment units and a single-family house with seven new units located at 501 East Maple Street, 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 July 8, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK l KART J. ADWICK ADMINI RATIVE CLERK N:1Administration\CLERKTJCIDECMAIL.DOC ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK APPEAL FROM YOUSEF HADD REGAROMiG THE PLANNING CO SSION'S DECISION OF MAY 25, 2005, TO DENY HIS REQUEST FOR A USE PERWT TO REPLACE SEVEN E)WW CONDEMNED APARTMENT UNITS AND A SINGLE-FAMILY HOUSE WITH SEVEN NEW UNITS LOCATED AT 501 EAST MAPLE STREET, APN;OWNER;ADDRESS;CITY;STATE;ZIP;SITUSNUM;SITUSDIR;SITUSSTNAME;SITUSTYP E 04732217;GOMEZ, MARIA DE LA LUZ;435 E MAPLE ST;LODI;CA;95240;435;E;MAPLE;ST 04732404;TELLEZ, ENRIQUE QUIROZ & AMPAR;519 MAPLE ST;LODI;CA;95240;519;E;MAPLE;ST 04731108;HAMILTON, BRET ETAL;428 E MAPLE ST;LODI;CA;95240;428;E;MAPLE;ST 04731109;SALEEM, MOHAMMAD;430 MAPLE ST;LODI;CA;95240;430;E;MAPLE;ST 04731110;ORTIZ, IGNACIO D & ROSIE M TR;432 MAPLE ST;LODI;CA;95204;432;E;MAPLE;ST 04731112;MONSIVAIS, CARMEN L;454 MAPLE ST;LODI;CA;95240;454;E;MAPLE;ST 04731114;SHOAIB, SHAKER;815 S GARFIELD ST;LODI;CA;95240;815;S;GARFIELD;ST 04731115;BLAYLOCK, MELVIN H & LOUISE;819 S GARFIELD ST;LODI;CA;95240;819;S;GARFIELD;ST 04731116;PERICAO, JOSE S TR;PO BOX 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04731113;KHAN, SAEED & SAMINA;811 S GARFIELD ST;LODI;CA;95240;811;S;GARFIELD;ST 04731117;SCHULZ, JOHN H & RENEE E;435 CHERRY ST;LODI;CA;95240;435;E;CHERRY;ST 04732212;JENKINS, CRYSTAL MAY;727 S GARFIELD ST;LODI;CA;95240;727;S;GARFIELD;ST 04732213;OLIVAREZ, GLORIA;13112 N HIGHWAY 88;LODI;CA;95240;729;S;GARFIELD;ST 04732401;NADRA, MICHELINE J;10201 REFLECTION LN;STOCKTON;CA;95219;501;E;MAPLE;ST A, w CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE July 8, 2005 Yousef Haddad 4327 Curlew Street Stockton, CA 95219 CITY OF LODI CITY HAI, 221 WEST PINE STREET P.O. BOX 3006 LOBI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 citycirk@lodi.gov BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney MAILED CERTIFIED MAIL AND REGULAR U.S. POSTAL DELIVERY NOTICE OF CITY COUNCIL PUBLIC HEARING — July 20, 2005 This letter is to notify you that a public hearing will be held by the City Council on Wednesday, July 20, 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 May 25, 2005 to deny a Use Permit to replace seven existing condemned apartment units and a single family house with seven new units located at 501 E. Maple Street. 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/o the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-9910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please contact my office or Community Development at (209) 333-6711. Sincerely, Susan J. Blackston City Clerk cc: Community Development Department David Miraflor Micheline Nadra DATE: JUNE 1, 2005CERTIFIED MAIL,, RECEIPT fYI (Domestic Mail •insurance coverage APPLICATION NO: U-05-06 LOCATION: 501 EAST MAPLE ST. STOCKTON, CA. Lr) T. yy99 APN: 047-324-01 Er Postage $ .3? E3 Certified Fee n• o •( APPLICANT: DAVID MIRAi=L.OR 0 Return Reeelept Fee (Endorsement Required) 1. s` Postmark Aare P.O. BOX 690218 C3 r-3 Restricted Njivery Fee (Endorsement Required) STOCKTON, CA. 95269 m Total Postage &Fees ks .:�. PROPERTY OWNER: YOUSEF HABBAD rn QSent =1 To �aus��`.._.K4�0.�-_. 4327 CURLEW ST. Street, .opt Ada.; --- _--------- _ ------------ - 01" rP(JJiOlCAk1- 432'7 STOCKTON, CA. 95219 City, state, zdd l ------------------- — REFERENCE: REQUEST TO APPEAL TO LODI PLANNING COMMISSION CITY CLERK 221 WEST PINE ST. LODI, CA We ckagree with the decision made by the commission and request the right to appeal. Enclosed is a check of $250.00 for the appeal fee. Sincerely, Miraflor