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Home My WebLink AboutAgenda Report - March 15, 2006 E-07 PHAGENDA ITEM I;w7 CITY OF LODI COUNCIL COMMUNICATION AGENDATITLE: Set public hearing for April 5, 2006 to consider the appeal of the Planning Commission's decision of February 22, 2006 to approve a Use Permit for Vineyard Christian Middle School to place a private 6th, 7 and 81" grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File# U-05- 020) MEETING DATE: March 15,2006 PREPARED BY: Community Development Department RECOMMENDED ACTION: Set public hearing for April 5, 2006 to consider the appeal of the Planning Commission's decision of February 22, 2006 to approve a Use Permit for Vineyard Christian Middle School to place a private 6"' 7`h and 8h grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File# U-05-020) BACKGROUND INFORMATION: At their meeting of February 8, 2006, the Lodi City Planning Commission held a Public Hearing to consider the request of Vineyard Christian Middle School for a Use Permit to locate a private school on the property of Lodi Avenue Baptist Church, 2301 West Lodi Avenue. Following extensive public testimony and discussion, the Public Hearing was continued to the following meeting date of February 22, 2006 to allow the Planning Commission to receive additional information from the applicant and City staff. Based on the public testimony and discussion from the two meetings, the Planning Commission voted to approve the Use Permit request at the meeting of February 22,2006. Some of the neighbors, particularly those directly east of the proposed school site, spoke in opposition to placing the school at this location. They are concerned that the presence of the school on the church property will adversely affect their neighborhood which they characterized as a quiet residential area. The neighbors expressed general concerns regarding added traffic, noise and litter that will result from the school. They are also concerned about the aesthetic impacts the proposed school buildings will have on the neighborhood. In order to address the neighbor's concerns, the Planning Commission continued the Public Hearing of February 8, 2006 to their next meeting of February 22, 2006. They directed staff to work with the applicant to see if there were solutions that could be developed that would address the concerns of the APPROVED: l �7 Blairl�lg, City Manager neighbors. Staff came back with a number of possible conditions that could be placed on the project to address some of the issues raised by the neighbors. The Planning Commission also took additional public comments regarding the project and the new conditions. Based on the information presented at the hearings, the Planning Commission determined that the proposed school was an appropriate use for the location and approved a Use Permitfor Vineyard Christian Middle School to operate at this location. A group of neighbors that object to the proposed project have filed an appeal of the Planning Commission's action to grant a Use Permit for the school. The appeal is to have the City Council overturn the actions of the Planning Commission and to deny the Vineyard Christian Middle School Use Permit. FISCAL IMPACT: None FUNDING AVAILABLE: Not Applicable andy H Community Development Director Attachment: Staff report and Planning Commission Resolution cc: City Attomey 03/21/2006 15:55 2893691884 PROOF OF PUBLICATION (2015.5 C.C.C.F.) STATE OF CALIFORNIA County of San Joaquin I am a chism of the United States end a resident of the County aforesaid I am over the age of in the above entitled matter. I an the ptindpal clerk cf the printer of t h e Lodi News -Sentinel, a newspaper of general circulation, printed and published daily except Sundays and holidays, h the C i y 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 vkArh 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: Match 18th all in the year 2oo6 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature LODI NBAS SENTINEL PAGE 03/04 This space is for the County Clerk' s Filing Stamp Proof of pLblicaticn cf totice of Public Ia6irgforApril tg, 2006 forthe appeal f t h e Planni ngCommission decis= on of February 22,2006 a approve a Use Permit for VinWtrd Christian Middle drool to Place a Private 6th, 7th, :3th Grade Sd ool on the rounds ofLodi Avenue I adi Avenue P e XU-05- 0 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT NOTICE OF PUBLIC HEARING FOR April 19,2006 for the appeal of the Planning Commission's decision of February 22,2006 to approve a Use Permit for Vineyard Christian Middle School to place a private d ,7'" and 8t" grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File #U-05-020). PUBLISH DATE: March 18,2006 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: March 16, 2006 ORDERED BY: JENNIFER M. PERRIN, CMC DEPUTY CITY LERK DANS R. CHAPMAN ADMINISTRATIVE CLERK SUSAN J. BLACKSTON CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK formsWvins.doc DECLARATION OF POSTING PUBLIC HEARING FOR April 19,2006 for the appeal of the Planning Commission's decision of February 22,2006 to approve a Use Permit for Vineyard Christian Middle School to place a private 6"', 7"' and 8t" grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File # U-05-020). On Friday March 17, 2006, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing for the appeal of the Planning Commission's decision of February 22, 2006 to approve a Use Permit for Vineyard Christian Middle School to place a private 6', 71" and 8t' grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File #U-05-020) was posted at the following locations; Lodi Public Library Lodi City Clerks Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on March 17, 2006, at Lodi, California. JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK DANA R. AP ADMINISTRATIVE CLERK N:1Administration\CLERK\Forms\DECPOSTCD.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK .l DECLARATION OF MAILING PUBLIC HEARING FOR April 19,2006 for the appeal of the Planning Commission's decision of February 22,2006 to approve a Use Permit for Vineyard Christian Middle School to place a private 60, 74" and a grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File #U-05-020) On March 16,2006, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, for the appeal of the Planning Commission's decision of February 22,2006 to approve a Use Permit for Vineyard Christian Middle School to place a private e, 7th and 8th grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File #U-05-020) 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 perjurythat the foregoing is true and correct Executed on March 16, 2006, at Lodi, California. ORDERED BY: JENNIFER M. PERRIN, CMC PAPLITY CITY Ci. RK DANA R. CHAPMAN ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: April 19,2006 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, April 19, 2006 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) Appeal of the Planning Commission's decision of February22, 2006 to approve a Use Perm It for Vineyard Christian Middle school to place a private 6t', Th and P grade school on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue. (File #U-05-020) Information regardingthis item maybe obtained in the Community DevelopmentDepartrnent, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 W. Pine Street, 21d Floor, Lodi, 95240 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 at, or prior to, the public hearing. By Order of the Lodi City Council: Susan J. Blackston U City Clerk Dated: March 15,2006 D. Stephen Schwabauer City Attorney CLF:RKIPUSHEAR4NOTICEMNOTCDD.DOC 3/15106