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HomeMy WebLinkAboutAgenda Report - July 18, 2007 E-32 PHAGENDA ITEM E-32 o COUNCIL COMMUNICATION �r 14 AGENDA TITLE: Set a Public Hearing for August 1,2007 to consider the Planning Commission's recommendationfor the 2006 Growth Management Allocations for Brett & Kathy Haring and Taj Khan. MEETING DATE: July 18,2007 PREPARED BY: David Morimoto, Senior Planner RECOMMENDED ACTION: Set a Public Hearing for August 1, 2007 to consider the Planning Commission's recommendation for the 2006 Growth Management Allocations for Brett & Kathy Haring and Taj Khan. BACKGROUND INFORMATION: Every year, as part of the City's Growth Management program, the Planning Commission reviews the requests that have been submitted to the City. Following a public hearing, the Commission makes a recommendation for City Council consideration. This public hearing is being held for the Council to award the 2006 allocations. On June 2r the Planning Commission held a public hearing regarding the 2006 Residential Growth Management Development Plan review and Allocations. At this hearing the Planning Commission reviewed two Development Plans totaling 26 dwelling units. Of the requested 26 dwelling units, both were medium density projects (7.1 to 20 units per acre). The 2 projects seeking residential growth management allocations are as follows: GM -06-02 Brett and Kathy Haring, located at 1911 South Church Street, on the west side of S. Church Street, one block north of Century Boulevard, 7 Medium Density Allocations; and GM -06-03 Taj Khan, 865 East Olive Avenue (County address), on the east side of Lower Sacramento Road, one block south of Kettleman Lane, 19 Medium Density Allocations. The Planning Commission originally received seven separate residential growth management applications for 2006. Five of those applications were outside of the City limits and would have required annexation to the City prior to receiving allocations. One of those applications (Khan) has subsequently annexed to the City as part of the S.W. Gateway annexation. The remaining four applications remain outside of the City limits. These four applicants have agreed to postpone further processing of their application until the City completes the update of the General Plan, which is currently underway. This temporary delay will allow the City to identify the most reasonable land use for the project areas and develop an infrastructure plan for these undeveloped areas. Once completed, the General Plan update will make the processing of these four additional applications easier and require less environmental and engineering work on the part of the individual applicants. In addition to the Khan and Haring applications, APPROVED: Blair IZ ng, City Manager 7-18 set PH GM Haring, Khan.doc there was an additional application from F&M Bank that was within the City limits. This application is undergoing environmental review and will be reviewed by the Planning Commission later this year. Finally, there are two projects that were granted allocations for 2006 by the City Council through the use of Development Agreements that granted allocations over a period of years based on a development plan and a specific development schedule. A third project, the Westside developmentwas granted multi- year allocations through a Development Agreement, but those allocations do not begin until 2007. The Haring project application was originally submitted as a 6 -unit residential project but was resubmitted as a 7 -unit residential project. The units are two story town house condominiums located on a one-third acre vacant parcel. The parcel is in an area that is fully developed with similar residential uses and is an in -fill project. The Khan project is designed as a 19 -unit residential development, with individual houses on small individual lots. The lots will average about 2,200 square feet in size. The lots will be located on private streets that will connect to Lower Sacramento Road by way of a private street that will be shared jointly with a numberof adjoining properties. The parcel is located in a small rural residential development that was developed many years ago when this area was more than a mile outside of the City. Since then, the City has grown around the project area and includes an adjacent shopping center. FISCAL IMPACT: None FUNDING AVAILABLE: N/A andy H tch Community Development Director RHldmlkjc ORDINANCE NO. 1521 AN ORDINANCE OF THE LODI CITY COUNCIL ESTABLISHING A GROWTH MANAGEMENT PLAN FOR RESIDENTIAL DEVELOPMENT BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Chapter is hereby added to the Lodi Municipal Code to read as follows: CHAPTER ESTABLISHING A GROWTH MANAGEMENT PLAN FOR RESIDENTIAL DEVELOPMENT Sections: Purpose. Findings. Policies. Allocation of Residential Development Approvals. Allocations Nontransferable. Priority Development Map. Development Plan: Required. Amendments. Multi -Year Allocations. Criteria: Point System. `* ' Al 1 ocation of Building Perri is /Approval s . -1- 3 . Purpose. The purpose of this Chapter is to state clearly the various policies which shall govern the future growth and development of the City of Lodi. It is further the purpose of this ordinance to provide a growth management system to regulate the character, location, amount . Findings. The Lodi City Council, pursuant to Government Code Section 65863.6, hereby finds and determines as follows: 1. and timing of future development so as to achieve the policies stated one in the Lodi General Plan. It is further the purpose of this Chapter to c+nctna*M'� — provide for increased housing opportunities for all segments and to promote and protect the public health, safety and of society welfare by the regulating the future use and development of land in the City of Lodi. . Findings. The Lodi City Council, pursuant to Government Code Section 65863.6, hereby finds and determines as follows: 1. San Joaquin County is one of the most rapidly growing areas in the State of California and the United States. Projections indicate such growth is likely to continue. 2. Experience has shown that rapid growth which occurs in the absence of a growth management plan produces negative impacts upon housing, traffic, parks, air quality, water, aesthetics, and the general quality of life of City residents. 3. The growth projections and policies established by this ordinance reflect the estimated planned capacity of the City of Lodi to serve new growth as it occurs. In doing so, the Council has studied -2- M the existing and projected capacity of the City's wastewater and water systems, ability of City streets to handle further traffic, levels of police and fire protection, the necessity of providing schools, and other related data. 4. Rapid uncontrolled growth is also a direct cause of serious adverse environmental and economic effects, some of which are: a) Loss of significant agricultural lands, including prime agricultural lands. b) The ability of the community to provide adequate and decent housing for its citizens. Policies. The Lodi City Council hereby determines that in order to minimize or eliminate the problems described above, and to assure the public health, safety and welfare, the following policies shall guide the future growth and development of the City of Lodi. 1. It shall be the policy of the City of Lodi to insure that prime agricultural land is preserved by discouraging new residential developments in rural or unincorporated areas and to provide, to the extent possible, that new residential development shall occur in urban areas. 2. It shall be the policy of the City of Lodi to minimize degradation of natural resources, including but not limited to air, water, and wildlife habitat. -3- - arca• � 3 J . Allocation of Residential Development Approvals. A. The number of residential units approved by the City shall reflect a two percent (2%) yearly limitation on growth based on population, to be compounded annually. Calculations for residential building approval shall be based on a population figure of 50,990 as of September 1, 1989, and assuming an average number of persons per residential unit as determined annually by the State Department of Finance. This limitation and formula shall be applicable to approvals of residential units for years beginning with calendar year 1990 and thereafter. B. This limitation shall not apply to: 1. Commercial and industrial projects, 2. Senior citizen housing, 3. On-site replacement of housing in existence as of Seotember 1. 1989. and 4. Projects of four (4) units or less. Allocations nontransferable. No allocation or approval granted under this Chapter may be transferred or assigned to any other location or project by the applicant or applicant's heirs, assigns or successors. .�k Priority Development Map. The City Council shall, each year, adopt or update a map of the City and surrounding areas showing lands eligible for development as part of the City of Lodi and assigning thereto, priority -4- classifications of 1, 2 or 3. This map shall be based upon the ;4-ik �° recommendation of the Planning Commission, the Public Works Department, r—�+ and the Community Development Department, as determined by the 10 < kl availability of City services including but not limited to water, wastewater, storm drains, streets, police and fire protection and parks. . Development Plan: Required. Prior to submission of a tentative map, parcel map or other approval under the Subdivision Map Act (Government Code Section 66410 et seq.), an application for Growth Management Review shall b e made to the Planning Commission on forms provided by the Community Development Department and shall include or be accompanied by a development plan. The format and information to be contained in such development plan shall be determined by resolution of the City Council. . Amendments. If, at any point after approval and before construction begins, the applicant shall substantially modify the plan submitted, City may require that the plan be resubmitted for evaluation from the first step. A determination of the need for resubmission shall be made by the Community Development Department in the exercise of its sole discretion. . Multi -Year Allocations. Applicant shall specify, if desired, that multi-year approval is sought. The Planning Commission and City Council may, in their discretion, grant up to three years allocations. However, any such -5- 3 number of units approved shall be deducted from the total number of allocations available in such future years. . Criteria Point System. Evaluation of proposed projects shall be done with reference to 1t. and in conformance with a point system/criteria schedule to be established by Council resolution. AWVLV`f, s oNr�' d Allocation of Building Permits/Approvals . If, in any year, the number of applications for residential units subject to this ordinance exceeds the number of building permits to be issued in that year by the City, as calculated herein, such available building permits/approvals shall be issued as follows: A. W reference to the point system/criteria specified in Section of this chapter, the project with the lowest number of points shall be eliminated from consideration until the number of unit applications remaining equals the number of building permits to be issued during that year. B. During elimination of projects under (A) above, if 2 or more projects are tied for low score after all lower scores have been eliminated, the Community Development Director shall reduce the number o f units in each of the tied low -scoring projects, on an equal percentage basis, until the number remaining coincides with the number of building permits available. C. No single project shall receive more than one-third of all single family permits available in any single year, unless the number of applications received i s less than permits available in that year. COMMUNITY DEVELOPMENT PRIORITY DEVELOPMENT AREAS DEPARTMENT PZESIDENTIAL M\AREA 2 45544ACRES AREA 3 538 ACMES �3 Or�M�Ah� �iC gN�SI ct) C� \Mt� J RESOLUTION -NO. _91_171 A RESOLUMON OF THE LODI CITY CJOQ4M ESTABL&M-4G GUIDELINES, CONTENTS, AND ME OF AND FOR DEVELOPMENT PIANS WHEM Ordinance No. 1521, adopted by the City Council on 11 1991 provides that a "Development Plan" shall be submitted for all tentative maps, parcel maps and other approvals under the Subdivision Map Act; and WHEREAS, Ordinance No. 1521 further provides that the format and contents of such development plans shall be established by Council resolution; NOW, THEREFORE, BE IT RESOLVED, by the City Council that the following shall apply to Development Plans: A. Development Plan: Contents. A development plan shall include: 1. A map showing any street system and/or lot design proposed within the development. Any area proposed to be dedicated or reserved for parks, open -space conservation, playgrounds, school sites, public buildings, churches and other such uses must be shown. Compliance with this requirement shall not be construed to relieve the applicant from compliance with City and State Subdivision regulations or any other applicable local or state laws. 7 5. Project is surrounded by agricultural land 0 B. On-site Agricultural Land Mitigation 1. Project needs no agricultural land mitigation 10 2. Adequate on-site buffer has been provided as a part of site layout for all adjacent agricultural land 7 3. On-site buffer provided as a part of site layout for only part of the project 5 4. No buffer between project and adjacent agricultural land 0 C. General Location - A map showing such priority shall be adopted or updated from time to time by the Council, and shall be available for inspection in the office of the City Clerk. 1. Project located within Priority Area 1 200 2. Project located within Priority Area 2 100 3. Project located within Priority Area 3 0 _- -2- SUBJECT PUBLISH DATE tease id't,� ret , ' � � y ci ,�l�t " 33X6,702.. CITY OF LODI P. O.BOX 3006 LODI, CALIFORNIA 95241-1910 PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION FOR THE 2006 GROWTH MANAGEMENT ALLOCATIONS FOR BRETT & KATHY HARING AND TAJ KHAN SATURDAY, JULY 21,2001 TEAR SHEETS WANTED: 009 M 1 alnase SEND AFFIDAVIT AND BILL TO: DATED: THURSDAY, JULY 19,2007 ORDERED BY: RANDI JOHL CITY CLERK J TFER MUPERRIN, CMC DEPUTY CITY CLERK fortnsladvins.doc RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DANA CHAPMAN ADMINISTRATIVE CLERK 0 0 -�.°o DECLARATION OF • 9(�FO�c1 PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION FOR THE 2006 GROWTH MANAGEMENT ALLOCATIONS FOR BRETT & KATHY HARING AND TAJ KHAN On Friday, July 20, 2007, in the City of Lodi, San Joaquin County, California, a Public Hearing to consider Planning Commission's recommendation for the 2006 Growth Management Allocations for Brett & Kathy Haring and Taj Khan (attached and marked as ExhibitA) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjurythat the foregoing is true and correct. Executedon July 20, 2007, at Lodi, California. ORDERED BY: RANDIJOHL CITY CLERK NIFER 4. PEFIRPT, CMC DEPUTY CITY CLERK N:IAdministration\CLERK\Fo=\DECPOSTCD.DOC DECLARATION 1• • MAILING q�lFp\^ate PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION FOR THE 2006 GROWTH MANAGEMENT ALLOCATIONS FOR BRETT & KATHY HARING AND TAJ KHAN On July 20, 2007, 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 Public Hearing to consider Planning Commission's recommendation for the 2006 Growth Management Allocations for Brett & Kathy Haring and Taj Khan, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. 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 20, 2007, at Lodi, California. ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI J IFER PERRIN, CMC DEPUTY CITY CLERK Forms/decmail.doc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: August 1,2007 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl City Clerk Telephone: (209) 333-6702 i hl City Clerk Dated: July 16,2007 Approved as to form: D. Stephen Schwa#auer City Attorney CLERKVPUBHEIWIN0TKEbV40TC00.(= 7AM7 Growth Management - Kathy Haring mailing list EXHIBITtl APN OWNER ADDRESS CITY STATE ZIP 06218017 SPRAGUE, 0 5070 LOOMLS CA 95650 DEAN & MARY LEXINGTON BETH TR CIR 06220002 EAST WEST, 400 SAN CA 94133 INVESTORS PACIFIC FRANCISCO Iz AVE 06220003 ALI, RAMZAN 249 LODI CA 95240 & NASEEM A DUNSMUIR TR DR 06220004 ARROYO, 423 DON STOCKTON CA 95210 JUANI CARLOS CT 06220005 FAZRLEY, 48817 FREMONT CA 94539 MELISSA C SEMILLON TR DR '& CA 95241 MAX JOANJ 1690 MAVONE T 06221001 OLSON_, MARK 1940 S LODI CA 95240 J ETAL CHURCH ST 06221002 VAN SLYKE, 8459 CAVE; MOUNTAIN CA 95246 RICHARD C & CITY RD RANCH DONNA M 06221003 HUSSAIN, 158 SWAIN LODI CA 95240 MAHMOOD & T DR ETL 06221020 NGWEN . PO BOX 781 LOD1 CA 95241 OANH KIM 06221021 MUNIZ, 9430 OAKLAND CA 94603 ALBERTO & PLYMOTH ST MARIA ALANIZ 06221022 KANG, 2506 LODI I INDERJETT S MEADOW DR & BALJIT K 06221023 MEDRANO, 1922 S LODI M BENITO M & CHURCH ST DOMITILA S 06231014 SAHAGUN, 156 ADOBE LODI 1 ALFREDO CT I ETAL 06231015 BANK OF NEW 4828 LOOP HOUSTON TXI 7708.1, YORK TR CENTRAL DR 06231.016 WOOD, BARRY 1910 S LORI, CA 95240 C & CHURCH ST PATRICIA P 06231017 GOMEZ, 1924 LODI CA 95242 ANTONIO & WYNDHAM MARIA WAY 06231018 AMIN, 2226 LODI CA 95242 BASHARAT CHAPARRAL CT 06231019 LODI 1420 S LODI CA 95242 HUTCHINS MILLS AVE STREET #M ASSOC LP Growth Management - Kathy Haring mailing list 06249002 LODI 11290 GOLD RIVER CA 95670 ATHLETIC PYRITES CLUBS PTF WAY SUITE 100 06249004 LODI 11290 GOLD RIVER CA 956.70 ATHLETIC PYRITES CLUBS PTP WAY SUITE 100 06249005 LODI 1420 S LODI CA 95242 HUTCHINS MILLS AVE STREET ##M ASSOC LP 06249006 NORTHUP, 1905 S LODI CA 95240 JEFFREY D CHURCH ST 06249007 ALIFERIS, 1907 S LODI CA 95240 ARISTOMENIS CHURCH ST A 06249008 THOMAS, 1909 S LODI CA 95240 PATRICK & C14URCH ST LISA 06249009 HARING, 552 KIRST WOODBRIDGE CA 95258 BRETT R & DR KATHLEEN B Growth Management — Taj Khan mailing list APN OWNER I ADDRESS CITY STATE ZIP 03814004 FRAME, 212 LODI CA 95242 DEAN K & RUTLEDGE SHARON L DR TR 05814005 KHAN, TAJ 1112 LODI CA 95240 M ETAL RIVERGATE DR 05814006 KERR?,Lki*1, 1200 LODI CA 95240 VERNET & C 3LEYH7.TRST CA 95240 TRS 95240 05814007 DEL RIO, 15315 N LODI SANTIAGO M HOERL RD & RAMONA T 05814008 HALL, PO BOX 90 FRENCH CA 95231 FRANK CAMP CA 05814009 95240 SANTIAGO M HOERL RD & RAMONA T 05814010 CA 95242 JERRY OLIVE AVE 05814011 GREVER, 1432 PARK LODI CA 95242 ZANE M & P ST TRS 05814012 PETERSON, P O BOX LOCKEFORD CA 95237 M BILL 473 05814014 PETERSON,[ PO BOX 331 SUTTER CA 95685 RUTH SUSAN CREEI{ BDC LODI 100 SWAN 05814035 CA 94621 ANCHOR LP WAY SUITE 05814044 FIRST LODI 100 SWAN OAKLAND CA 94621 PLAZA WAY SUITE ASSOCIATES 2061 05814045 FIRST LODI PO BOX DALLAS TX 75301 PLAZA 10001 ASSOCIATES CA 05814050 FIRST LODI 100 51,! OAKLAND 94621 PLAZA WAY SUITE ASSOC LTD 206 PTP