HomeMy WebLinkAboutAgenda Report - April 21, 2009 B-01 PH/SMAGENDA ITEM 6 ' 1
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Set Public Hearing for May 13,2009 to consider all of the appeals that have
been filed regarding the decision of the Planning Commission to Deny Use
Permit (U-02-12). Vesting Tentative Parcel Map (03-P-001) and Site Plan
and Architectural Review (08 -SP -08) concerning the Lodi Shopping Center
located at 2640 West Kettleman Lane.
MEETING DATE: April 21,2009
PREPARED BY: Community Development Director
RECOMMENDEDACTION: Set public hearing for May 13, 2009 to consider all of the appeals
that have been filed regarding the decision of the Planning
Commission to Deny Use Permit (U-02-12), Vesting Tentative Parcel Map (03-P-001) and Site Plan and
Architectural Review (08 -SP -08) concerning the Lodi Shopping Center located at 2640 West Kettleman
Lane.
BACKGROUND INFORMATION: Pursuant to Lodi Municipal Code Chapter 17.88 and Section
66452.5(a) of the Government Code (State Subdivision Map Act)
Browman Development Company and Wal-Mart Stores, Inc. filed appeals regarding the decision of the
Planning Commission on April 8, 2009. The appeals were filed in a timely manner and the appropriate
fee was paid. Subsequent appeals have been filed by Brett Jolley on behalf of Lodi First and Chris
Podesto. The City Council may now set the matter for a public hearing to consider the appeals. It is
suggested that the matter may be heard at a special meeting on May 13, 2009 at 6:30 p.m. at Hutchins
Street Square in a similar manner as the appeal regarding the Final Revised Environmental Impact
Report. The appeals will be the only item for consideration on the agenda.
The City Council is being asked to set this Public Hearing at a Special Meeting because of the time limits
required by the Subdivision Map Act. The hearing must be held within 30 days of the filing of the appeal.
In order to meet this requirement, the hearing must be set a minimum of ten days prior to the meeting
date. The next regularly scheduled Council meeting on May 6t' would not allow for the meeting to take
place on May I r. Alternatively, there is a provision which extends the period for the public hearing to 60
days should the City Council desire to hear the appeals at a regularly scheduled meeting.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable. I
Konradrftm" fam
Community Development Director
Attachments:
1. Planning Commission Resolution
2. Staff Reportforthe Lodi Shopping Center considered at the April 8, 2009, Planning Commission meeting
APPROVED: �
Blair Ki g, Manager
RESOLUTION NO. P.C. 09-07
A RESOLUTION OF THE LODI PLANNING COMMISSION DENYING USE PERMIT FILE NO.
U-02-12 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL SHOPPING CENTER IN
THE C -S ZONE AND THE SALE OF ALCOHOLIC BEVERAGESAT THE WAL-MART
SUPERCENTER; THE TENTATIVE PARCEL MAP 03-P-001 TO CREATE 12 PARCELS;
PROVIDING AND THE ARCHITECTURAL APPROVAL FORA NEW COMMERCIAL
BUILDING TO BE CONSTRUCTED AT 2640 W. KETTLEMAN LANE (WAL-MART)
------------------------------------------------------------------------
WHEREAS, an application was filed by Browman Development Company for a commercial
shopping center at 2640 W. Kettleman Lane more particularly described as
Assessor's Parcel Numbers 058-030-08 and 058-030-02 and portion of 058-030-
09; and
WHEREAS, the application included the following requested approvals: Use Permits for the
construction of commercial structures as required by the C -S Commercial
Shopping District and for the sale of alcoholic beverages, a Vesting Tentative
..................... Map to create 12 parcels for the project, and architectural approval of a new
commercial building including elevations and colors to be used for the
construction of a Wal-Mart store located at 2640 W. Kettleman Lane (the
"Project"); and
WHEREAS, the Planning Commission of the City of Lodi, after more than ten (10) days
published notice, held a public hearing before said Commission on April 8, 2009
to consider the Project; and
WHEREAS, the Planning Commission considered the information provided in the record and
at the Public Hearing on April 8, 2009, including, but not limited to, the proposed
conditions of Project approval and the proposed findings and statement of
overriding considerations pursuant to the California Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED, as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. A motion to approve the Project resulted in a tie (3-3) vote of the members of the
Planning Commission, as indicated below, which results in a denial of the Project.
Dated: April 8, 2009
1 hereby certify that Resolution No. P.C. 09-07 was passed and adopted by the Planning
Commission of the City of Lodi at their meeting held on April 8, 2009, as a result of the following
vote to approve the Project:
AYES: Commissioners: Cummins, Olson, Hennecke
NOES: Commissioners: Kiser, Kirsten, Heinitz
ABSENT: Commissioners: Mattheis
ATTEST:
Secre ary, Planning Commission
913848.1
LODI
PLANNING COMMISSION
Staff Report
MEETING DATE: April 8, 2009
APPLICATION NO: Use Permit U-02-12,
Vesting Tentative Map 03-P-001
Site Plan and Architectural Review 08 -SP -08
REQUEST: The request of Browman Development Company to allow construction of
the Lodi Shopping Center and allow all subsequent development approvals
for the center. Specifically, to approve Use Permit U-02-12 to allow the
construction of a commercial center in a C -S, Commercial Shopping
District, and allow the sale of alcoholic beverages at the Wal-Mart
Supercenter and Vesting Tentative Map 03-P-001 to create 12 parcels for
the project. Finally, to approve the SPARC application concerning the Wal-
Mart building.
LOCATION: 2640 West Kettleman Lane. Approximately 40 acres located at the
southwest corner of west Kettleman Lane/State Route 12 and Lower
Sacramento Road in west Lodi.
APPLICANT: Browman Development Company
100 Swan Way, Suite 206
Oakland, CA 94621
PROPERTY OWNER: Browman Development Company & Wal-Mart Real Estate
100 Swan Way, Suite 206 Business Trust
Oakland, CA 94621 Mail Stop 0555
Bentonville. AR 72716-0555
RECOMMENDATION: Staff recommends that the Planning Commission approve the Use Permit,
Vesting Tentative Map, and SPARC requests subject to the conditions listed in the Draft Resolution as
attached.
PROJECT/AREA DESCRIPTION
General Plan Designation: NCC, Neighborhood / Community Commercial.
Zoning Designation: C -S, Commercial Shopping District.
Property Size: Approximately 40 acres, 36 acres for the shopping center development
and 4 acres adjacent and southwest of the shopping center site for
construction of a stormwater detention drain.
Adjacent General Plan, Zoning and Land Use:
North (across W. Kettleman Ln): General Plan; NCC, Neighborhood Community Commercial
Zoning; C -S, Commercial Shopping Center
Land Use; The Vintner's Square Shopping Center anchored by
the Lowe's Home Improvement store
Lodi Planning Commission Staff Report re Lodi Shopping Center 4-8-09.doc J:\Community
Development\Planning\STAFF REPORTS\2008\ 1-23
900256.1
South: General Plan; LDR, Low Density Residential
Zoning; PD, Planned Development
Land Use; Currently Agricultural planted as a vineyard, but
planned as the Southwest Gateway planned
residential community
West: General Plan; PQP, Public/Quasi Public & HDR, High Density
Residential
Zoning; PUB, Public & PD, Planned Development
Land Use; Currently agricultural, but planned for a utility
substation and higher density residential as part of
the Southwest Gateway planned residential community
East (across Lower Sacramento Rd.): General Plan; NCC, Neighborhood Community Commercial
Zoning; C -S, Commercial Shopping Center
Land Use; The Sunwest Plaza Shopping Center currently
anchored by the existing Wal-Mart, J.C. Penny and the Food
4 Less Grocery Store.
BACKGROUND:
March 11, 2009, the Lodi City Council certified the Final Revised Environmental Impact Report (FREIR)
for the Lodi Shopping Center project. The action took place as a result of two appeals that were filed
concerning the Planning Commission's decision to not certify the document at their October 8, 2008
meeting. At that October meeting, the balance of the requests that have been submitted were tabled in
order for final action on the environmental document to take place. With the Council action, those
requests are now back before the Commission for consideration.
PROJECT DESCRIPTION:
Use Permit and Tentative Map Analysis:
Approximately 18 years ago, the City's General Plan designated the southwest corner of West Kettleman
Lane/State Route 12 and Lower Sacramento Road for the construction of large-scale retail development.
Since that time, the centers on the other three corners have built out as envisioned. Major national
retailers such as Wal-Mart, J.C. Penney, Target, and Lowe's have occupied these corners. The Lodi
Shopping Center is proposed on the remaining fourth corner to be anchored by a Wal-Mart Supercenter.
This type and scale of development is consistent with the activity that has occurred at the other three
corners.
The City's Zoning Code requires that all plot plans for projects within the C -S, Commercial Shopping
District receive Planning Commission approval. Over time, this review has been done through the Use
Permit process. The Zoning Code also requires Use Permit approval for the sale of alcoholic beverages.
The applicant is requesting a Use Permit and a Vesting Tentative Map in order to divide the property into
12 lots that will correspond to the number of buildings anticipated for the project.
The proposed project includes the construction of approximately 339,966 square feet of commercial retail
uses, representing a variety of retail sales and services, to be contained in 12 buildings of varying sizes.
The primary use will be a Wal-Mart Supercenter which will occupy approximately 226,868 square feet of
floor area, including approximately 70,000 square feet for grocery sales, 19,889 square feet for a garden
center (including outdoor fenced area), and 6,437 square feet for an auto service shop. The Wal-Mart
Lodi Planning Commission Staff Report re Lodi Shopping Center 4-8-09.doc J:\C0nvnun1ty
Development\Planning\STAFF REPORTS\2008\ 1-23
900256.1
Supercenter will not include the use of outdoor metal storage containers, and will not include a seasonal
sales area in the parking lot.
A moderate sized retailer will occupy approximately 35,000 square feet on pad 12 in the southeast
corner of the site. The remaining 11 buildings will range in size from 3,200 square feet to 14,788 square
feet. Three of the 11 buildings will be occupied by fast food franchises, with another two buildings
consisting of sit-down restaurants, and the remaining buildings occupied by such retail uses such as
financial services/bank, professional/business services, and other retail sales and services.
The uses, layout and design of the shopping center has remained the same as that presented to and
approved by the Planning Commission in December, 2004. The Wal-Mart building is located at the
southwestern corner of the site, with 11 freestanding buildings located along Kettleman Lane and Lower
Sacramento Road to the north and east. In the center of the shopping center is the main parking lot.
The proposed vesting tentative map includes the Wal-Mart store and all corresponding parking in the
largest lot (lot 12, 18.3 acres), with each of the remaining 11 buildings on their own lot with associated
parking. These other lots are generally one+/- acre in size, with the smallest (lot 8) being 0.53 AC and
the largest (lot 11) being 2.6 AC. Internal travel lanes, parking medians and planters are located
through -out the interior. Access to the Center is mainly from Westgate Drive and Lower Sacramento
Road, with right turn in and out only from Kettleman Lane. As shown on the site plan, significant public
improvements are required in order to build this project, as detailed in the draft conditions in the
accompanying resolution of approval. The applicant will be responsible for the construction of Westgate
Drive from Kettleman Lane to the southerly project boundary as well as the frontage improvements on
Kettleman Lane and Lower Sacramento Road. The applicant is also responsible for the approximately
four acre site across Westgate Drive to be used for storm water detention, all associated project right-of-
way dedications, utility easements, engineering reports and studies, and fees. An encroachment permit
from CalTrans for Kettleman Lane/ State Route 12 will be needed.
Conditions in the draft Resolution cover fire safety, outdoor storage or display of merchandise, shopping
cart storage, security and exterior lighting. Consistent with the prior approval by the City Council,
conditions relative to re -use of the existing Wal-Mart building are also included. Further, even though a
CEQA environmental impact as to urban decay or physical deterioration from the Lodi Shopping Center
cannot be made, the Planning Commission can make a decision that the economic effects of the Center
on the Downtown should be addressed. To this end, staff is proposing a condition to require the Lodi
Shopping Center to invest in the Downtown area. The aggregate value of the capital improvement must
exceed $700,000. Finally, a condition is included to incorporate all mitigation measures as specified in
the certified FREIR.
The Use Permit will allow the sale of alcoholic beverages, for the Supercenter's use. No Use Permit for
alcohol for any of the freestanding buildings has been applied for or is under consideration. The tenants
of these freestanding buildings are not known to staff and have not been included in this request. Any
such request in the future would require a Planning Commission Hearing at that time when the specific
details of the requesting business are known. The Planning Commission has previously found that the
sale of alcoholic beverages is incidental to a grocery store operation and that is what is being requested
by the Wal-Mart Supercenter. As such, staff is recommending that the Planning Commission approve
the request to sell alcohol.
The second Use Permit request emanates from the C -S zoning designation which specifically states that
a "detailed plot plan of the proposed construction" be submitted to the Planning Commission. The design
standards identified in the code are as follows:
Lodi Planning Commission Staff Report re Lodi Shopping Center 4-8-09.doc J:\Community
Development\Planning\STAFF REPORTS\2008\ 1-23
900256.1
A. The site shall be designed and used as a unit, regardless of ownership of the land and buildings.
B. All streets bordering the site shall be fully dedicated and improved by the developer.
C. The design of the development shall include the landscaping of buildings and parking areas, the
screening of nearby residential areas, and the enclosure or shielding of trash and disposal areas. Lights
and signs shall be located to avoid disturbance to residential areas.
D. Driveways, parking areas and loading areas shall be located so as to minimize traffic interference.
It is staffs opinion that the Planning Commission has little discretion regarding this Use Permit.
Effectively, Section 17.58 of the Municipal Code adds additional design requirements to the project.
These standards were adopted in 2004 specifically to deal with the design of large scale retail
establishments like Wal-Mart. The applicant has met or exceeded each of these standards as presented
and conditioned. Therefore, staff is recommending that the Planning Commission approve this request.
As previously discussed in the analysis, a vesting tentative map approval is requested to divide the site
into 12 lots. The applicant has met the requirements of the City's subdivision ordinance and the State
Subdivision Map Act. Staff recommends approval of this action and has included vesting tentative map
conditions in the draft resolution.
........ ......................................................... ........................................ ....................................................... ........ ......... ......................................................... ........ ........ .........
SPARC Review:
Along with the plot plan and tentative map for the Lodi Shopping Center, preliminary elevations and
colors for the Wal-Mart Supercenter have been submitted. No elevations or colors, landscaping plan,
signage plan, materials, or other final plans for the rest of the Center or buildings have been submitted.
As mentioned, this shopping center is subject to the City's Design Standards for Large Retail
Establishments. The overall site layout, building footprints, parking areas, and access driveways provide
the overall direction of the Center and were used by staff and the Planning Commission in the December
8, 2004 review to determine that this project complies with the Design Standards for Large Retail
Establishments. As such, no further design, layout, or changes have been proposed.
The proposed project includes the construction of a new Wal-Mart Supercenter store with a building size
of approximately 226,868 square feet. The Wal-Mart building would be located on the southwestern
portion of the project site, and the building entrance would face east toward Lower Sacramento Road.
The Wal-Mart Supercenter building is a single story structure. The architectural theme of the building is a
contemporary style and uses construction materials commonly used in commercial shopping center
construction. Architectural materials such as concrete masonry block, metal awnings, and exterior plaster
finish will be utilized on the exterior of the building. The major materials used for architectural treatment
include fawn (brown) colored stucco, fawn (brown) cultured stone veneer, split face (light brown) block,
sea -green colored smooth finish metal panels, charcoal roofing material, hallow (gunmetal gray) metal
doors and cornices, and black fencing. The body of the building will be in shades of brown. The ground
level will have fawn (brown) colored stucco walls with fawn colored stone veneer accent walls near key
entrances and along the lower eight feet of the exterior wall. The architectural treatment features are
mostly used on the north and east elevation. Also on the main entrance, a canopy type architectural
feature is proposed. The proposed main entry canopy will be clad with a brown cultured stone finish.
The west and south elevations do not feature the same detailed architectural treatment. The west (rear)
elevation is a continuous wall with little architectural treatment to breakup the elevation of the building.
The entire west elevation will have fawn (brown) colored stucco walls with metal doors painted to match
the stucco. Cornices and accent trims are provided to break up the wall elevation. The ground level will
also have cultured veneer stone elements. The midsection of the western elevation should receive
further architectural treatment to add architectural interest to the wall. It is important to note that this
elevation will be visible from across Westgate Drive.
Lodi Planning Commission Staff Report is Lodi Shopping Center +-8-09.doc J:\Community
Development\Planning \STAFF REPORTS\2008\ 1-23
900? 56.1
The southern elevation will feature nearly identical architectural treatment as the west elevation.
However, the proposed southern elevation is less of an issue. First, there will be an 8 -foot tall masonry
wall on the southern property line to block any view of this elevation from the project to the south.
Second, unlike the western elevation, the southern elevation is not a continuous large mass elevation.
Because the main axis of the building faces west (the longest elevation), the south elevation is the side
of the building and is relatively small in size in comparison. A condition of approval is included in the
SPARC Resolution regarding additional architectural treatment for the west elevation.
Circulation and Parking
The site plan indicates six access points to three public streets. There will be three entrances/exits from
Lower Sacramento Road, one from Kettleman Lane (HWY 12), and two from Westgate Drive. All three
streets will have a raised center median that will restrict turning movements in some degree. The main
entrance to the project parking lot is from Lower Sacramento Road and will be located near the middle of
the project site. This entrance will have a traffic signal to control traffic flow and will allow both entering
and exiting traffic to turn in both directions. The other access points from Lower Sacramento Road will be
restricted to right turn in and right turn out movements. The direct driveway entrance from Kettleman
Lane (Hwy. 12) will only permit a right -turn in and right -turn out traffic movement. Traffic can also access
the shopping center from Kettleman Lane by way of Westgate Drive. This intersection is controlled by an
existing traffic signal that will allow both right and left turning movements. The main (northern) access
point from Westgate Drive will allow both right and left hand tuning movements. The southern access
point will only allow right in, right out movements. Circulation to and from the site is very similar to the
Vintners Square Center (Lowes) to the north.
The main parking lot is located on the east side of the Wal-Mart building. There will be smaller parking
areas to serve the free-standing commercial pads. For the Wal-Mart building, a total of 965 parking
spaces are proposed (4.45/1000). A total of 434 parking spaces are required, per City code (General
Retail 1/500). The proposed number of parking stalls exceeds the minimum parking requirements.
There are 12 cart corrals proposed to be distributed throughout the parking lot. These cart corrals will be
screened in brown CMU wall with wooden frames to provide additional ornamentation.
Landscaping and Signage
The proposed landscape plan calls for various large shade trees, smaller trees, shrubs and ground
covers. A total of 478 larger shade trees will be provided within the parking lot interior, along the
southern and western edges the property line, and throughout the site. This total number of trees
exceeds what the City code requires.
The approval of project signage is not a part of the current review and would be subject to City cf Lodi
codes and requirements to ensure they complement the building architecture and landscaping of the
building. Signage applications and approvals would be done separately, should the project be approved.
PUBLIC HEARING NOTICE:
Legal Notice for the Use Permit and Vesting Tentative Map was published on March 28, 2009 in the Lodi
New Sentinel. The item was posted at City Hall and at the City of Lodi Library on March 26, 2009. 62
public hearing notices were sent out through the combination of the U.S. Postal Service and electronic
mail which included all property owners of record within a 300 -foot radius of the subject property as
required by Government Code section 65091(a)3.
CONCLUSION:
Based on the fact that the applicant has met all of the City's requirements for these requests, staff
recommends that the Planning Commission approve Use Permit U-02-12, Vesting Tentative Map 03 -P -
Lodi Planning Commission Staff Report re Lodi Shopping Center 4-8-09.doc J:\Community
Development\Planning\STAFF REPORTS\2008\ 1-23
000250.1
001and that the Planning Commission approve Site Plan and Architectural Review for the Wal-Mart
building 08 -SP -08, P.C. 09 -
ALTERNATIVE PLANNING COMMISSION ACTIONS:
• Approve with additional/different conditions
• Deny the Use Permit/Tentative Map
• Continue the requests
Respectfully Submitted,
KorrradtBartlam
Community Development Director
ATTACHMENTS:
1. Vicinity Map
2. Site Plan
3. Vesting Tentative Map
4. Wal-Mart Elevation and Hardscape Plan
5. Draft P.C. Resolutions; PC 09-
6. City Council Resolution 2009-27
7. Comment Letters
Lodi Planning Commission St all Report re Lodi Shopping Center 4.8-09.doc J:\Community
Development\Planning \STAFF REPORTS\2008\ 1-23
000256.1
SUBJECT:
PUBLISH DATE:
Please immediately confirm receipt
cf this fax by calling 333-6702
CITY OF LODI
P. O BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
PUBLIC HEARING TO CONSIDER APPEALS FILED REGARDING THE
LODI SHOPPING CENTER
THURSDAY, APRIL 30,2009
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
DATED: TUESDAY, APRIL 28,2009
ORDERED BY: RANDI JOHL
CITY CLERK
it 4
J MFER P RI 1, CMC
A SIST
ANT TITY CLERK
Faxed to the Sentinel at 369-1C
is Phoned to confirm
formsladvins doc
RANDI JOHL, CITY CLERK
Cityof Lodi
P.O. Box 3006
Lodi, CA 95241-1910
MARIA BECERRA
ADMINISTRATIVE CLERK
1 - JMP (initials)
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER ALL OF THE APPEALS THAT HAVE BEEN
FILED REGARDINGTHE DECISION OF THE PLANNING COMMISSION TO DENY
USE PERMIT (U-02-12), VESTING TENTATIVE PARCEL MAP (03-P-001), AND
SITE PLAN AND ARCHITECTURAL REVIEW (08 -SP -08) CONCERNINGTHE
LODI SHOPPING CENTER LOCATEDAT 2640 WEST KETTI_EMAN LANE; AND
FURTHER CONSIDER ADOPTING THE FINDINGSAND STATEMENTS OF
OVERRIDING CONSIDERATIONS PURSUANTTO THE
CALIFORNIA ENVI RON MENTAL QUALITY ACT
On Friday, May 1, 2009, in the City of Lodi. San Joaquin County, California, a Notice of
Public Hearing to consider all of the appeals that have been filed regarding the decision
of the Planning Commission to deny Use Permit (U-02-12), Vesting Tentative Parcel
Map (03-P-001), and Site Plan and Architectural Review (08 -SP -08) concerning the Lodi
Shopping Center located at 2640 West Kettleman Lane; and further consider adopting
the findings and statements of overriding considerations pursuant to the California
Environmental Quality Act (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
declare under penalty of perjury that the foregoing is true and correct.
Executed on May 1,2009, at Lodi, California.
JEAWFER M. ERRIN, CMC
ASSISTANT UITY CLERK
N:1Administration\CLERK\Forms\DECPOSTCD.DOC
ORDERED BY:
RANDI JOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
DECLARATION OF MAILING
PUBLIC HEARING TO CONSIDERALL OF THE APPEALS THAT HAVE BEEN
FILED REGARDING THE DECISION OF THE PLANNING COMMISSION TO DENY
USE PERMIT (U-02-12), VESTING TENTATIVE PARCEL MAP (03-P-001), AND
SITE PLAN AND ARCHITECTURAL REVIEW (08 -SP -08) CONCERNING THE
LODI SHOPPING CENTER LOCATEDAT 2640 WEST KETTLEMAN LANE; AND
FURTHER CONSIDER ADOPTING THE FINDINGSAND STATEMENTS OF
OVERRIDING CONSIDERATIONS PURSUANTTO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
On Wednesday, April 29, 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 all of the appeals that have been filed regarding the
decision of the Planning Commission to deny Use Permit (U-02-12), Vesting Tentative Parcel
Map (03-P-001), and Site Plan and Architectural Review (08 -SP -08) concerning the
Lodi Shopping Center located at 2640 West Kettleman Lane; and further consider adopting the
Findings and Statements of Overriding Considerations pursuant to the California Environmental
Quality Act, 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 April 29, 2009, at Lodi, California.
J IFER M. P RK CMC
ASSISTANT CITY CLERK
Forms/decmail.dw
ORDERED BY
RANDI JOHL
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: May 13,2009
Time: 6:30 p.m.
For information regarding this notice please contact:
Randi Johl UMBIT
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE S HEREBY GIVEN that on Wednesday, May 13,2009, 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 items:
a) Appeals filed by Wal-Mart Stores, Inc., Browman Development Company, Lodi
First, and PAQ, Inc. regarding the decision of the Planning Commission to deny
Use Permit (U-02-12) concerning the construction of a commercial center in a C -S,
Commercial Shopping District, and the sale of alcoholic beverages at the
proposed Wal-Mart Supercenter; Vesting Tentative Parcel Map (03-P-001)
concerning the creation of 12 parcels for the project; and Site Plan and
Architectural Review (08 -SP -08) concerning site plan and architectural review of a
proposed Wal-Mart Supercenter at the proposed Lodi Shopping Center located at
2640 West Kettleman Lane (collectively "the Project"); and further consider
approval of the Project and consider adopting findings and statements of
overriding considerations pursuant to the California Environmental Quality Act.
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.
of the Lodi City Council:
City Clerk
Dated: April 21,2009
cLERK%PUBHeaRNOTICESWOTeoo_wsl-MarLz.00c 412M9
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APN
OWNER
ADDRESS
CITY
STATE
ZIP
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
92706
BURGERS
HAMBURGER
PARK
CORP
IN
02742013
GEWEKH
PO BOX
LODI
CA
95241
VIII LP
1210
ETAL
05803005
VAN RUITEN
PO BOX 520
WOODBRIDGE
CA
95258
RANCH LTD
05803009
REICHMUTH,
2541 LYNCH
LODI
CA
95242
THOMAS H
WAY
TR
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
05803013
BDC LODI
100 SWAN
OAKLAND
CA
94621
III LP
WAY STE
206
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
GREVER,
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
TRUTH 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
LODII
CA
95240
FAMILY LTD
MAGGIO CIR
PTP
Hit I E d;TB'
EXHIBIT B
APPEALS REGARDING DECISION OF THE PLANNING COMMISSION TO
DENY USE PERMIT, VESTING TENTATIVE PARCEL MAP, AND SITE PLAN
AND ARCHITECTURAL REVIEW FOR LODI SHOPPING CENTER
Mailing List
Alexis M. Pelosi
Sheppard Mullin Richter& Hampton LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111
Andrea K. Leisy, Esq.
Remy Thomas Moose & Manley LLP
455 Capitol Mall, Suite 210
Sacramento, CA 95814
Chris Podesto, Directorof Marketing
PAQ Inc. (dba Food 4 Less/Rancho San Miguel Supermarkets)
17935 Murphy Parkway
Lathrop, CA 95330
Brett Jolley
Herum & Crabtree
2291 W. March Lane
Stockton, CA 95207
Kari Chadwick --
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 Schweige rdt
schweig2@comcast.net
Charles Wasmuth
chuckw2901 @sbcglobal.net
Claire Lima
jazborenis@cs.com
Dalfrtey Hillis
dafFney_hillis@hotmail.com
Deb Bacon
debbacon@sbcglobal.net
Dort Mooney
dbmooney@dcn.org
Gerry & Jane Gandt
gerjane@sbcglobal.net
Jarhes & 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
Joeol212@yahoo.com
Joe & Olivia Trifiro
ntrifiro@hotmail.com
John Marshall
johnmarshall@charter.net
John Wixon
johnwixon@sbcglobal.net
Jon Hobbs
jhobbs@kmtg.com
Linda Hammons
Ijhammons@sbcglobal.net
Liz Galbreath
Iiz.Galbreath@genmills.com
Lucite Schnabel
deelucys@earthlink.net
Luis Cornejo
Luis.Cornejo@doucet-ca.com
Mafk ansforian
mjanaforian@sbcglobal.net
Maxine Shear
swetpea@softcom.net
Michael Kost
gomichaell @sbcglobal.net
Michael Scanlan
mscanianl@gmail.com
Pamala Levy
paloule@comcast.net
Pat & Paul Underhill
patundpaul@comcast.net
Robert Lewis
rlewis@pdgcenters.com
Roder Priest
445dir@raleys.eom
Ron Wermer
ronwerner@comcast.net
Scott 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