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Home My WebLink AboutAgenda Report - August 18, 2010 D-15AGENDA ITEM D 45 &% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Acknowledging Lodi Nut Company's Permitted Industrial Use at 1206,1218 and 1230 South FairmontAvenue MEETING DATE: August 18,2010 PREPARED BY: Interim City Manager RECOMMENDED ACTION: Adopt resolution acknowledging Lodi Nut Company's permitted industrial use at 1206, 1218 and 1230 South FairmontAvenue. BACKGROUND INFORMATION: Lodi Nut Company has operated at this general location since 1919, 36 years before it and surrounding properties were annexed into the City of Lodi and zoned for residential use. As a result, the company has not needed a Use Permit from the City. When the City identified properties for the San Joaquin County Enterprise Zone in 2008, Lodi Nut Company was excluded because of two potentially disqualifying elements: First, it was not contiguous with any other industrial or commercial property and, second, it was located on propertyzoned residential, although it has a legal nonconforming use. The City, working with the State Departmentof Housing and Community Development, is attempting to add Lodi Nut Companyto the Enterprise Zone as part of a larger expansion application by San Joaquin County's Economic Development Department. Although the Enterprise Zone's contact at HCD has said Lodi Nut Company should be added to the zone despite the improperzoning and lack of a Use Permit, the company is seeking official action from the City supporting its allowed nonconforming use.in the event the State balks at the addition. As an alternative to Lodi Nut Company obtaining a Use Permit, which it does not need to continue operating, the City Council is being asked to adopt a resolution acknowledging Lodi Nut Company's permitted industrial use at its existing location. The resolution documents the City's endorsement of Lodi Nut Company's operation on South FairmontAvenue and support the company's inclusion in the Enterprise Zone expansion application. This resolution will not restrict the City's ability to enforce zoning regulations in the future. Because of its location in a residentially zoned area, Lodi Nut Company is unable to obtain a Use Permitfor substantially different operations. FISCAL IMPACT: FUNDING: None. Not applicable. Prepared by: Jeff Hood, ManagementAnalyst Attachments: Map (ExhibitA), Letterto HCD (Exhibit B) APPROVED: Konradt Bartlam Interim City Manager Konradt B&rrtlam, Interim City Manager Cat, QAkt t t: a } F 3� , rs haiu Park d k k x m x m S y i i _ A Stix .. 4 r M ot 7. P ,24 ' , 4 C, Pa- .4> �1I�'LKe1�P►[�ll� PHIL KATZAKIAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE LARRY D. HANSEN Dec. 9,2009 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk()-lodi.gov Lynn L. Jacobs, Director California Department of Housing and Community Development 1800 Third Street Sacramento, CA 95811-6942 Dear Ms. Jacobs, FILE COPY BLAIR KING, City Manager RAND[ JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney The City of Lodi requests that the Lodi Nut Company, 1230 S. Fairmont Ave. (APNs 031- 070-13 and 031-070-14) be added to the San Joaquin County Enterprise Zone. Essentially, Lodi Nut Company started as an industrial business outside the Lodi city limits more than 90 years ago. Over time, the City grew around the plant, annexing the property in 1955. Because Lodi Nut Company was an existing industrial use and has continuously operated ever since, the industrial use is allowed by the City as a "grandfathered" nonconforming use on a residentially zoned parcel. Attached is a letter from Calvin Suess, president of the Lodi Nut Company, outlining his company's history in Lodi, facts that are corroborated by City records. Lodi Nut Company has never been required to obtain a use permit. To illustrate the company's long history, Lodi Nut Company operates under City business license No. 537, while newly issued license numbers now are approaching 17,000. Parcel 031-070-14 is less than 200 yards from an existing Enterprise Zone parcel at 1334 S. Ham Lane (APN 032-070-32). In the event Lodi Nut Company ceases operations at this location during the life of the San Joaquin County Enterprise Zone, the City of Lodi will take the steps necessary to remove the company's parcels from the zone. We hope you will agree that the unique circumstances surrounding Lodi Nut Company's location should not exclude it from participating in the San Joaquin County Enterprise Zone. If you have additional questions, please feel free to contact me at (209) 333-6700 or Jeff Hood in the Lodi City Manager's Office, (209) 333-6801. Sincerely, Blair King City Manager Attachment: Letter from Lodi Nut Company LODI NUT COMPANY, INC,. November 20,2009 Mr. Jeff Hood Office of the City Manager City of Lodi P. O. Box 3006 Lodi, CA 95241 Dear Mr. Hood, This letter is a request that Lodi Nut Company, Inc.'s facility located at 1230 South Fairmont Avenue, Lodi, California, be included in the San Joaquin County Enterprise Zone. Justification for this request is: Lodi Nut Company operates as a nonconforming industrial food processing plant in an area zoned R-1, Single Family Residential. The reason for the City of Lodi approval of the nonconforming use is outlined below. History of Company — Grandfather Status The company began operation in 1919 as Stone Nut Company — 36 years beforethe property was annexed to the City of Lodi on May 23, 1955. Further, our family purchased and renamed the business Lodi Nut Company in 1949 — six years before annexation. Overall, the company has been in continuous operation for 90 years at its present location. I have enclosed a copy of the Grant Deed, dated May 3, 1952 (3 years before annexation). Please note the mailing address is Route 3, Box 11-A, Lodi, California. Upon annexation into the City of Lodi, the nut processing business was given grandfather status as a nonconforming industrial business in an area zoned R-1, Single Family Residential. Further, over the years of operation, the city has approved four variance requests for expansion. Each time the findings of the City of Lodi Planning Commission has been: "The granting of the variance would not be detrimental to the public welfare or injurious to the propertyor improvements in the vicinity and zone in which the property is located." As verification, as many as twenty-one neighbors, living in the vicinity of the nut company, signed a petition requesting approval of the variance. In tum, the management of Lodi Nut Company has made it a top priority to be a good neighbor. 12305. FAIRMONT AVE. 0 LODI. CA 95240-5595 17 (209) 334-2081 Mr. Jeff Hood Office of City Manager Lodi Nut Co. Requestfor Page 2 Inclusion into the San Joaquin County Enterprise Zone Inclusion of Lodi Nut Company into the San Joaquin County Enterprise Zone, as in the past variances, will have no adverse effect on the neighborhood surrounding our facilities. If you have any questions or require additional information, please do not hesitate to call me. Office telephone (209) 334-2081; Cell Phone (209) 747-3054; email kellysuess@lodinut.com Your assistance in the granting of this requestwill be greatly appreciated. Sincerely, �ei Calvin( elly) Suess Presiders CEO Enclosure: Copy of Grant Deed LRIUII.L'I.LV rAUt'zcrtd. 'i 14010 PLACE INTERNAL REVENUE STAMPS IN THIS SPA= VlAlll- Deed L3.&9 TI:D iiOCHIIALTFR and RUTH IIOCHHALTI9, his v:ifa _ (GRMtTOtt • otuutrOttq FOR A VALUABLE CONSIDERATION, rwdpt of which is hereby aclmowb, S4 the tval property in thea County of _ San ,I9.raQu;n —I StRte of CdUG=ia, described as followat A portion of the Southeast Quarter of Section 11, T. 3 IT., R. 6 E., N.D.II. & M., San Joaquin County, and being more particularly describe as follows: Commencing at the southwest corner of said quarter and run Easterly along the south line of said quarter, 690.0 feet to an iron bolt; thence North along the center line of the County Road known as Walnut Avenue, 711.1 feet tott:e true point of beginning; thence North aloe said center line, 335.0 feet to a point; thence Easterly and parallel to said south line, 152.0 feet to an iron rod; thence North and para- llel ara- 11e1 to said center line, 103.0 feet to an iron rod; thence Easterly and parallel to said south line, 248.0 feet to an iron rod; thence South and parallel to snid center line, 300.0 feet to an iron rod; thence Easterly and parallel to said south -ling, lEii>_Q .eoat. ta_an iron rod; thence South and parallel to snid center line, 133.0 feet to an iron rod; thence Westerly and parallel to said south line,. 585.0 feet to the point of beginning, containing ! .25 acres, more or less. S,Lbj_eLr to the C.aunty Road known as ?Walnut Avenue over West 30, feet thereof. Dares _ m,,a_ 3 2 STATE OF CA1.lFORNIA OOUNTY OF SL SAA; JOAMN on „14ay_ 3 .1952 betas mq-ANTTT W( Tt \T. ZT-myT(',Il a Noma Pablto in and for add Comer ud Swa qmow ally app -red _ TE1) HOC IIALT R and RUT11— H00FHAL T4R, his wife — tmowa to m. to ba tbs paeeoo.:J_whoea *•�_ s are -b=&W to the .Ithta Inmun mot and sake ledW that they Md. Md. kbe oma. WTTNJM mt hand *ad algeW aeaL My coon! Won Nov. 20, 1952 trt la.� 74MI 7x fA.r. 11 � SPACE BELOW FOR RECORDER -6 U69'ONLY 1401.0 :i 4fvPrAREi) RECORDED BY Lits, Meilen & Peroltich !� � � �? MAY 0 1952 in SM1419 p4i 5 OFFICIAL RECORDS OF SA14 JOAQUIN COUNTY a -ii n C..My Raaord,t ' F EES `S VEM SEMRDED_ PLEARR um. vwc mcrnrtu¢wr To . —Ty�'LrSiie®hltelte�' —_1a.i., 3. Pox 1I=A,-Lodi, CAW RESOLUTION NO. 2010-145 A RESOLUTION OF THE LODI CITY COUNCIL ACKNOWLEDGING LODI NUT COMPANY'S PERMITTED INDUSTRIAL USE AT 1206, 1218, AND 1230 SOUTH FAIRMONT AVENUE WHEREAS, Lodi Nut Company originated in 1919 and its industrial propertywas annexed into the City of Lodi in 1955; and WHEREAS, Lodi Nut Company property was zoned for residential use upon annexation; and WHEREAS, Lodi Nut Company has a legally allowed nonconforming industrial use at its location because the residential zoning designation was established upon annexation into the City; and WHEREAS, Lodi Nut Company's inclusion in the San Joaquin County Enterprise Zone will be a benefit to the community. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council acknowledges Lodi Nut Company's permitted industrial use at 1206, 1218, and 1230 South Fairmont Avenue. Dated: August 18, 2010 ------------------------------------------------------------------ ------------------------------------------------------------------ hereby certify that Resolution No. 2010-145 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 18, 2010 by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS —Johnson ABSTAIN: COUNCIL MEMBERS — None 2010-145