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HomeMy WebLinkAboutAgenda Report - November 16, 1988 (55)COUNCIL COMMUNICA IiON TO: THE CITY COUNCIL COUNCIL MEETING DATE: FROM: THE CITY MANAGER'S OFFICE NOV&MBER 16, 1988 SUBJECT: APPEAL OF ROSE MARIE MENDONCA OF PLANNNG COMMISSION'S DENIAL REGARDING THE GENERAL PLAN AMENDMENT AND REn\PU OF PARCELS AT 537 AND 539 EAST FINE STREET Il4XA' TED ACTION: The City Council should condcct a public hearing to consider the appeal of Rose Marie Mendonca of the Planning Commission's denial of the requests (1) to amend the Land Use Element of the Lodi General Plan by redesignating 537 and 539 East Pine Street from Residential to Commercial and (2) to rezone 537 and 539 East Pine Street from R-1 (Single -Family -East Side) to C-2, General Commercial. If the City Council reverses to Planning Commission, it must also certify the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on this project. Section 17.84.050 of the Lodi Municipal Code states in part: " ... the City Council may by a four-fifths vote of the entire Council grant any appealed application and adopt by the vote an ordinance effecting such proposed changes or portions thereof." BACKGROUND INFORMATION At its meeting of Monday, August 8, 1988 the Planning Commission by a unanimous vote denied the above described General Plan Amendment and Rezoning request. In making its decision the Planning Commission drew the following conclusions: 1. that the subject properties were not affected any more than the hundreds of other properties which were rezoned to R-1, Single Family Residential under the Eastside Rezoning; and 2. that the properties could be redeveloped with a four-plex or two single-family houses which would be more compatible with the adjacent residential properties. �7iin(,d0 JAMES B. SCHROffER C6&unity Development Director A ttachmen:: CC24/TXTD.01C September 20, 1988 MENDONCA AMENDMENT & REZONING 537 & 539 E. PINE ST. R-1 TO C-1 . . ND -$8-05 GPA --L. U-88-02 EIIIIZ3 I I-- lr C a® i , w ' © i 19D <= cm j PUB }h b b b � m(®'CMD W CL V G _ ! am 1 C?TY COUNCIL JAMES W. PINKERTON. ) r., Mayor JOHN P. (Randy) SNIDER Mayor Pro Tempore DAVID M. HINCHMAN EVELYN M.OLSON FRED M.REID August 9, 1988 CITY OF LOD', CITY HALL. 221 WEST PINE STREET CALL BOX 300( LODI, CALIFORNIA 95241.1910 (209) 334-5631 TELECOPIER {209) 333-6795 THOMAS A- PETERSON City Manager ALICE M. REIMLHE City Clerk B 0 8 McNATT City Attornw Manuel and Rose Marie Mendonca I North Cherokee Lane Lodi, CA 95240 Dear Mr. and NIm Mendonca: SUBJECT: General Plan Amendment and Rezoning 537 & 539 East P' -e Street At its meeting of Monday, August 8, 1988, the Lodi City Planning Commission denied the following items requested by you: 1. To amend the land use element o f the Lodi General Plan by redesignating the parcel at 537 and 539 East Pine Street from Single -Family Residential to Commercial. 2. To rezone the parcel at 537 and 539 East Pine Street from R-1, Single -Family Residential , to C-2 General Commercial. Section 17.84.050 of the Lodi Municipal Code provides the following procedure: "If the Planning Commission report denies the proposed change or amendment or reclassification, the applicant, upon notification of such action, may within 20 days thereafter appeal to the City Council." 'four appeal must be in writing and should be directed to Alice M Reimche, City Clerk, Call Box 3006, Lodi, CA 95241-1910. I t must be received by her by 5:00 p.m. August 29, 1988. Sincerely, DAVID MORIMOTO, AICD Acting Planning Commission Secretary cc: City Clerk 4. A -IM .a -tsk ftU[rC�'�L.'� .Ic•...� REALTY (209)334-1642 / 1 NORTH CHEROKEE LANE / LODI, CALIFOI�IIA 952d• September 23, 1988 RE: Appeal of Rose Harie Elendonca on 537 & 539 East Pine Alice Pi. Reimche, CityClerk City Council Chambers 212 W. Pine Street Lodi ,CA 95240 Dear LHrs. Reimche: I must withdraw the appeal of the Planning Commission Denial of General Plan Amendment and rezoning of parcels located 537 & 539 East Pine Steeet. This hearing was scheduled for your September 28 meeting and I would like to have it continued to October 26th meeting. I appreciate your help in this matter and an sorry for the inconvenience. Thank You, Rose Marie Mendonca it Y ._''Nl DECLARATION OF MAILING On October 25, 1988 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 copy of the Notice attached hereto, marked Exhibit "A"-, said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. 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 October 25, 1988, at Lodi, California. ALICE M. Rl]IHE City Clerk U inso eput £ Clerk DEC/OI TXTA. 02D NOTICE OF CON',INUED PUBLIC HEARING TO COMMTHE APPEAL OF PCSHVIAM MENDONCA OF THE PLANNING COMM SS ION'S DENIAL REGARDING THE GENERAL PLAN AMENDMENT AND RFS OF PARCELS LOCATED AT 537 AND 539 EAST PINE STREET NOTICE IS HEREBY GIVEN that on Wednesday, November 16, 1988 at the hour of 7:30 pm., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct, a continued public hearing to consider the appeal of RoseMarie Mendonca of the Planning Commission's denial regarding the General Plan Amendment and Rezoning of parcels located at 537 and 539 East Pine Street. Infornation regarding this item may be obtained in the office of the Community Development Girector at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk 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 nray 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, Lodi, California, at or prior to, the Public Hearing. Bj Order Of the Lodi City Council : .. &W-6) Alice M. Re mche City Clerk Dated: October 19, 1988 Approved as to form: Robby W. McNatt City Attorney (Pago of ) MAILING LIST FOR: 537 c k,vf oy1:)-17.0-10., / lelAalar? ciz FILE I fichr grkl APS' OWNERS NAME MAILING ADDRESS _ CITY , STATE ZIP > h m13• r ta• 10 117►[ r is i-yl31„b ;>c� 2 r9 16&M JOAO-52.5'c -zllt /-y 81 l (41(o u 05-1 5 33 E PS Na 1410 1 :% /Ii. 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EGM '11S U7.. •'20 1.'r rv;v I -11-L 2K 1.330 till, i�k P 0j lzf.Ajy 20 '2.1 1)'r � ?fl] 1.15 C: �1'•�' L'L�•11/''' Z�.:�. �//. i>.�/yf' • . .1.�1 I l 1''ii�l._il{, •1, 1�1�1,L!71:11 1L r(�o E 1!INS 1.IJ2„ la 011 :r 2 r L'1 D(I'i'jot 0.0 bi a Zi C2 td e Lev” :Ii7l,.N�i'�.> I�'l r �l�1:� ►i. '1.11 a z. /1 cool. 1192 0 22 C. 2 .xD C'.Uil•l_ oY i L 3L L)AN6 i/10 , 1,PT -�.. Y•!. f �Z 3. CLrlr'I! ►r(il•.,1.,?11 lc7R'7 P i4o" ' Q 2L L'). L'0. 1-30)( 132-111 iL'L L � ('? c l'Il'. k: 110, UV I 11bX - L.V 3 1 •`I (s(�� t.' P.YrjG • 1 �!1 rl I � i �� l '• I� ;: (::. Lnf l l 1' f a r. l 1` ►�`fllf::,1t't ?'1 Wd1111�FS : fIfu l -l- ril/fi . e4_ CITY COUNCIL JAMES W PINKERTON, 1r. ,Mayor 1OHN R (Randy) SNIDER Mayor Pro Tempore DAVID .M HINCHMAN EVELYN Ni OLSON FRED M. REID CITY OF LODI Ms, Ro s eM a r i e Mendonca I North Cherokee Lane Lodi, CA 95240 Dear M s . Mendonca: CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI. CALIFORNIA 95241-1910 (209)334-5634 TELECOPIER (:09) 111.6795, Noveinber 18, 1988 THOMAS A PETERSON Cit% Manager ALICE .M REIMCHE City Clerk BOB McNATT City Attorney This letter will confirm action taken by the Lodi City Council at its regular meeting of ,November 16, 1988 whereby, following a public hearing to consider your appeal of the Planning Commission's denial regarding the General Plan Amendment and rezoning of parcels located at 537 and 539 East Pine Street, the City Council denied your appeal. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, allu-L -/h &KC4- Alice M. Reimche City Clerk AMR:JJ cc: James B. Schroeder Community Development Director NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF ROSEMARIE MENnONCA OF THE PLANNING COMNbSSIONS DENIAL REGARDING THE GENERAL PLAN AMENDMENT AND REZONING OF PARCELS LOCATED AT 537 AND 539 FAST' PINE SIREEr NOTICE IS HEREBY GIVEN that on Wednesday, November 16, 1988 at the hour of 7:30 pm., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a continued public hearing to consider the appeal of RoseMarie Mendonca of the Planning Commission's denial regarding the `''neral Plan Amendnent and Rezoning of parcels located at 537 and 539 East Pine Street. Information regarding this item may be obtained in the office of the Community Developmer t Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk 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 deliverea to the City Clerk, 221 West Pine Street, Lodi, California, at or prior to, the Public Hearing. W Order Of the Lodi City Council : A JMM lice M. Re mche City Clerk Dated: October 19, 1988 Approved as to form: Bobby W. McPlatt C i t y Attorney PH/44 TXTA.02D a