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Home My WebLink AboutAgenda Report - February 4, 2009 K-02 PHAGENDA ITEM 14""% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Rescinding Certification of the Final Environmental Impact Report (EIR) for the Lodi Shopping Center Project Located at 2640 West Kettleman Lane and Reset Public Hearing for March 11, 2009, at 6:30 p.m. to Consider the Appeals of Browman Development Company and Wal-Mart Stores, Inc. Regarding the Decision of the Planning Commission to Not Certify the Final Revised EIR MEETING DATE: February4,2009 PREPARED B Y City Attorney RECOMMENDED ACTION: Adopt Resolution Rescinding Certification of the Final Environmental Impact Report (EIR) for the Lodi Shopping Center Project Located at 2640 West Kettleman Lane and Reset Public Hearing for March 11, 2009, at 6;30 p.m. to Consider the Appeals of Browman Development Company and Wal-Mart Stores, Inc. Regarding the Decision of the Planning Commission to Not Certify the Final Revised EIR. BACKGROUND INFORMATION: The City Council received a Notice to Cure an alleged Brown Act violation arising out of its public hearing on the EIR on Dec 10, 2008. At its closed session on January 13, 2009, the City Council requested that staff set this matter to decertify the EIR and reset the public hearing, as an expedient to avoid litigation, and not a concession of a Brown Act violation. Staff recommends that the Council set the public hearing for a Special Meeting at Hutchins Street Square, Charlene Powers -Lange Theater, 125 S. Hutchins Street, Lodi on March 11, 2009. FUNDING: Not applicable. FISCAL IMPACT: Avoided litigation costs APPROVED: BIaLK , City Manager IVY01��L�]i•li•L��I�I'aiF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI RESCINDING RESOLUTION NO. 2008-238, THEREBY RESCINDING THE CERTIFICATION OF THE FINAL REVISED ENVIRONMENTAL IMPACT REPORT (EIR-03-01) FOR THE LODI SHOPPING CENTER; STATE CLEARINGHOUSE NO. 2003042113 WHEREAS, an application was filed by Browman Development Company for a commercial shopping center at 2640 West Kettleman Lane, more particularly described as Assessor's Parcel numbers 058-030-08 and 058-030-02 and a portion of 058-030-09; and WHEREAS, the Community Development Director made a determination that the project may have a potentially significant impact on the environment and ordered the preparation of an Environmental Impact Report (EIR); and WHEREAS, the Notice of Preparation (NOP) of the Draft EIR was prepared and distributed to reviewing agencies on April 14, 2003; and WHEREAS, the Draft EIR (DEIR) was released on August 5, 2004, for circulation; and WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days published notice, held a study session and public hearing on September 9, 2004. Public comments on the DEIR were taken at this hearing; and WHEREAS, a Final EIR (FEIR) responding to all public comments on the DEIR submitted prior to the expiration of the comment period was prepared and released to the public and commenting agencies on November 22,2004; and WHEREAS, the Planning Commission of the City d Lodi, after ten (10) days published notice, held a public hearing before said Commission on December 8, 2004; and WHEREAS, the Planning Commission of the City of Lodi reviewed and certified the FEIR prepared for the project; and WHEREAS, that certification and approval was appealed to the Lodi City Council; and WHEREAS, the Lodi City Council, on appeal, reviewed and certified the FEIR prepared for the project (Resolution No. 2005-26, February3, 2005); and WHEREAS, the Lodi City Council rescinded the certification of the FEIR on May 3, 2006, pursuant to Superior Court Order of December 19, 2005, which order directed revisions to be made to the EIR: and WHEREAS, in response to the Court Order, the City prepared a NOP of the Revisions to the EIR (REIR) and distributed it to reviewing agencies on September 25, 2006; and WHEREAS, the Draft Revisions to the EIR (DREIR)was released and circulated on October 17, 2007, for public comment and review; and WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days published notice, held a study session and public hearing on November 14, 2007. Public comments on the DREIR were received at this hearing; and WHEREAS, a Final Revisions to the EIR (FREIR), which includes the DREIR as revised and responses to all public comments on the DREIR submitted prior to the expiration of the comment period, was prepared and released to the public and commenting agencies on August 26,2008; and WHEREAS, on October 8, 2008, the Planning Commission of the City of Lodi held a hearing on the adequacy of the FREIR, and the Planning Commission declined to certify the FREIR; and WHEREAS, Wal-Mart Stores, Inc. and Browman Development Company have each filed timely appeals of the Planning Commission's denial of the FREIR to the City Council; and WHEREAS, the City Council of the City of Lodi, after ten (10) days published notice, held a public hearing on December 10, 2008, to consider the appeal of the Planning Commission's decision to certify the FREIR; and WHEREAS, the Lodi City Council did on December 10, 2008, certify the FREIR (EIR-03-01) relatingto the Lodi Shopping Center project as adequate; and WHEREAS, the City Council received a Notice to Cure an alleged Brown Act violation arising out of its public hearing on the FREIR on December 10, 2008, and at its closed session on January 13, 2009, the City Council requested that staff set this matter to decertify the FREIR and reset the public hearing, as an expedient to avoid litigation, and not a concession of a Brown Act violation; and WHEREAS, staff recommends that the Council set the public hearing for a Special Meeting at Hutchins Street Square, Charlene Powers -Lange Theater, 125 South Hutchins Street, Lodi on March 11, 2009. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference; and 2. For the reason stated above, the Lodi City Council hereby rescinds Resolution No. 2008-238, thereby rescinding certification of the FREIR for the Lodi Shopping Center Project located at 2640 West Kettleman Lane: and 2 3. That a Public Hearing be set for a special meeting on March 11, 2009, at Hutchins Street Square, Charlene Powers -Lange Theater, 125 South Hutchins Street, Lodi, California, to consider the appeals of Browman Development Company and Wal -Marl Stores, Inc. regarding the decision of the Planning Commission to not certify the Final Revised El R. Dated: February4, 2009 hereby certify that Resolution No. 2009-15 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 4, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen COUNCIL MEMBERS— None COUNCIL MEMBERS— None COUNCIL MEMBERS — None 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 PUBLIC HEARING TO CONSIDER APPEALS OF BROWMAN DEVELOPMENT COMPANY AND WAL-MART STORES, INC. REGARDING THE DECISION OF THE PLANNING COMMISSION TO NOT CERTIFY THE FINAL REVISED ENVIRONMENTAL IMPACT REPORT REGARDING THE LODI SHOPPING CENTER PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE PUBLISH DATE: SATURDAY, FEBRUARY 7,2009 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, FEBRUARY5,2009 ORDERED BY: RANDI JOHL CITY CLERK 3 NIFER MIPERRIN, CMC ASSISTANT CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084 at - on L NS_ ...... , , _ Phoned to confirm rpcepipt 0i all pages at -MTP) fonnsladvins.doc [prey. DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER APPEALS OF BROWMAN DEVELOPMENT COMPANY AND WAL-MART STORES, INC. REGARDING THE DECISION OF THE PLANNING COMMISSION TO NOT CERTIFY THE FINAL REVISED ENVIRONMENTAL IMPACT REPORT REGARDING THE LODI SHOPPING CENTER PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE On Friday, February 6, 2009, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider appeals of Browman Development Company and Wal-Mart Stores, Inc. regarding the decision of the Planning Commission to not certify the Final Revised Environmental Impact Report regarding the Lodi Shopping Center project located at 2640 West Kettleman Lane (attached and marked as Exhibit A) 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. Executed on February 6, 2009, at Lodi, California. eff$NIFER 0. PERRIN, CMC SISTANT CITY CLERK N:lAdministration\CLERK\Forms\DECPOSTCD.DOC ORDERED BY: RAND[JOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER APPEALS OF BROWMAN DEVELOPMENT COMPANY AND WAL-MART STORES, INC. REGARDING THE DECISION OF THE PLANNING COMMISSION TO NOT CERTIFY THE FINAL REVISED ENVIRONMENTAL IMPACT REPORT REGARDING THE LODI SHOPPING CENTER PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE On Friday, February 6, 2009, 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 of Public Hearing to consider appeals of Browman Development Company and Wal-Mart Stores, Inc. regarding the decision of the Planning Commission to not certify the Final Revised Environmental Impact Report regarding the Lodi Shopping Center project located at 2640 West Kettleman Lane, 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. declare under penalty of perjurythat the foregoing is true and correct. Executed on February 6, 2009, at Lodi, California, r 4ffOIFER t4lPERRIN, CMC Ag'sISTANT eITY CLERK Porms/deemail.doe ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK ` CITY OF LODI Hutchins Street Square 125 S. Hutchins St., Lodi NOTICE OF PUBLIC HEARING Date: March 11,2009 Time: 6:30 p.m. For information regarding this notice please contact: Randi EXHirITCity ClerkJerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, March 11, 2009, at the hour of 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at Hutchins Street Square, 125 South Hutchins Street, Lodi, to consider the following item: a) Appeals of Browman Development Company and Wal-Mart Stores, Inc. regarding the decision of the Planning Commission to not certify the Final Revised Environmental Impact Report regarding the Lodi Shopping Center project located at 2640 West Kettleman Lane. Information regarding this item may be obtained in the Community Development Department, 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 West Pine Street, 2"d 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, 221 West Pine Street, at or prior to the close of the public hearing. ZB er of the Lodi City Council- R ohl City Clerk Dated: February4,2009 Approved as to form: D. Stephen Schwabauer City Attorney CLERKIPUBHEARWOTICES\NOTCDD-_Wal-MartDOC 214/09 Lodi Shopping Center REJR300 ft Mailing list for City Council Meeting March 009 X H I Ef T' rf 02741007 SACRAMENTO 1954 MT WALNUT CA 94596 KETTLEMAN DIABLO CREEK LLC ETAL BLVD #A 02742001 GEWEKE PO BOX LODI CA 95241 FAMILY PTP 1420 02742003 IN N OUT 13502 BALDWIN CA 9170E BURGERS HAMBURGER PARK CORP LN 02742013 GEWEKE PO BOX LODI CA 95241 VIZI LP 1210 ETAL 05803003 VAN RUITEN PO BOX 520 WOODBRIDGE CA 9525E RANCH LTD 05803009 REICHMUTH, 2541 LYNCH LODI CA 95242 THOMAS E WAY 05803011 BDC LODI 100 SWAN OAKLAND CA 94621 III LP WAY SUITE 206 05803012 WAL MART MAIL STOP BENTONVILLE AR 72716 REAL EST 0555 BUSINESS TRU 05814001 TESORO 300 SAN ANTONIO TX 78216 SIERRA CONCORD PROPERTIES PLAZA DR LLC 05814004 FRAME, 212 LODI CA 95242 DEAN K & RUTLEDGE SHARON L DR TR 05814006 HERRMANN, 1200 LODI CA 95240 CHARLENE K GLENHURST TR ETAL DR 05814007 DEL RIO, 15315 N LODI CA 95240 SANTIAGO M HOERL RD & RAMONA T 05814011 GREYER, 1432 PARK LODI CA 95242 ZANE M & ST PATSY R TR 05814012 PETERSON, PO BOX 473 LOCKEFORD CA 95237 M BILL 05814014 PETERSON, PO BOX 331 SUTTER CA 95685 RUTH SUSAN CREEK 05814042 BARBER 2595 AUTO FAIRFIELD CA 94533 VALLEJO MALL PKWY PROPERTIES LP 05814044 FIRST LODI 1556 WALNUT CA 94596 PLAZA PARKSIDE CREEK ASSOCIATES DR 02705021 GEWEKE 2475 LODI CAA 95240 FAMILY LTD MAGGIO CIR PTP Kari Chadwick - Se, -TV Distribution List Name: Lodi Shopping Center EIR redo Members Alex Aliferis aaliferis@ahiworld.org Alexis Pelosi APelosi@sheppardmullin.com Amy Kaida akaida@tusd.net Barbara Spencer BSpencer@BrowmanDevelopment.com Barbara Transon btranson@sbcglobal.net Bill Selling bselling@comcast.net Brett Jolley BJolley@herumcrabtree.com Brian Kortuem briankortuem@hotmail.com Bruce & Connie Schweigerdt schweig2@comcast.net Charles Wasmuth chuckw2901 @sbcglobal.net Claire Lima jazborenis@cs.com DaffneyHillis daffney_hiilis@hotmail.com Deb Bacon debbacon@sbcglobal.net Don Mooney dbmooney@dcn.org Gerry& Jane Gandt gerjane@sbcglobal.net James & Alice aaacompsvc@sbcglobal.net Jamie Cunningham j_cunningham@pacific.edu Jeanette Bedford sjmmbedford@yahoo.com Jerry & Shirley Schmierer evencouple@sbcglobal.net Jim & Betty Mae Locke jnblocke@sbcglobal.net Joe Joeo1212@yahoo.com Joe & Olivia Trifiro ntrifiro@hotmail.com John Wixon johnwixon@sbcglobal.net Jon Hobbs jhobbs@kmtg.com Linda Hammons Ijhammons@sbcglobal.net Liz Galbreath Iiz.Galbreath@genmills.com Lucille Schnabel deelucys@earthlink.net Luis Cornejo Luis.Cornejo@doucet-ca.com Mark anaforian mjanaforian@sbcglobal.net Maxine Shear swetpea@softcom.net Michael Kost gomichaell @sbcglobal.net Michael Scanlan mscanlanl@gmail.com Pamala Levy paloule@comcast.net Pat & Paul Underhill patundpaul@comcast.net Robert Lewis rlewis@pdgcenters.com Roger Priest 445dir@raleys.com Ron Werner ronwerner@comcast.net Smt t Turner sturner@retailwestinc.com Shelley Toy srctoy@sonic.net Sue McCombs osmccombs@sbcglobal.net Susan Williams Susan.Williams@doucet-ca.com Travis Beckett t.beckett@gmx.com Ty Murphy Tymurphy001 @yahoo.com [(XH=!T APPEALS REGARDING DECISION OF THE PLANNING COMMISSION TO NOT CERTIFY THE LODI SHOPPING CENTER EIR Mailing List ivay V, Davidoff, Esq. She; pard Mullin Richter & Hampton LLP Four Embarcadero Center. 17" Floor Sari Fiancisco. CA 94111 Andrea K. ieisy, Esq. Remy Thomas Moose & Manley LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814