HomeMy WebLinkAboutAgenda Report - December 2, 1987 (73)CITY COUNC.L MEETING
rECE"I ER 2, I987
PUBLIC HEARINGS
Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
APPEAL OF TIM
the City Clerk, Mayor Olson called for the Public
VALLEM, T.J. AND
Hearing to consider the appeal of Tim Vallem, T. J. and
THE DUCK, 698 WEST
the Duck, 698 West Lodi Avenue, Lodi, of the Planning
LODI AVE., LODI, OF
Commissions approval of the Tentative Parcel Map 87 P Ola
THE PLANNING
concerning 610 West Lodi Avenue and 708 West Lodi Avenue,
COMMISSIONS
Lodi.
APPROVAL OF THE
TENTATIVE PARCEL
Following introduction of +.he matter by City Manager
MAP 87 P 014
Peterson, Community Development Director Schroeder presented
the staff report, including diagrams of the subject area,
CC -53(b)
and responded to questions regarding the ;natter.
Mr. Schroeder outlined the Planning Ccmmissions conditions
of approval and the compromise parking plan which was to be
used during the construction period cf Taco Bell and the
new buildings.
Speaking in favor of the appeal were:
1. Mr. Tim Vallem, 698 West Lodi Avenue, Lodi
2. Ms. Eileen St. Yves, 310 South Orange, Lodi
3. Mike LaCuyer, Manager of Lucky's Market, 530 West Lodi
Avenue, Lodi
Speaking in opposition of the appeal were:
1. Cecil Dillon, 1820 West Kettleman Lane, Lodi
2. Manual Rocha, Rocha's Shoe Repair, 692 West Lodi
Avenue, Lodi
3. Harry Bader, 341 LaVida Drive, Lodi
4. Fred Lewis, 1000 West Lodi Avenue, Lodi
There being no other persons wishing to address the Council
regarding the matter, the public portion of the hearing was
closed.
A lengthy discussion followed with questions being directed
to Staff.
CONTINUED DECEMBER 2, 2987
on motion of Council Member Reid, Snider second, Council
denied the appeal of Mr. Tim Valles for approval of the
Tentative Parcel Map 87 P 014 concerning 610 West Lodi
Avenue and 708 West Lodi Avenue, Lodi.
TO_ THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
:)TTI\'! TI. fX?111ATi?NTCaTT. I
DATE: NO
December 2, 1987
SUBiECT: TIMOTHY VALLEM APPEAL OF APPROVAL Or PARCEL REAP 87 P 014
INDICATED ACTION. Hear the appeal of Timothy Vallem of the
Planning Commission's approval of the
request of Dillon Engineering on behalf of
Harry S. Bader, for a Tentative Parcel Map to divide 610 West Lodi
Avenue (i.e. APN 033-190-31) into Parcels "A" and "B", and to join
708 West Lodi Avenue (i.e. APN 033-190-28) to new Parcel "B", in an
area zoned C-1, Neighborhood Commercial and take the appropriate
action.
BACKGROUND INFORMATION For some period of time Harry S. Bader has
been attempting to redevelop a shopping
center at 610 West Lodi Avenue, which
presently houses two restaurants, a beauty shop, a barber shop, a
shoe repair business and a laundrom)t. Mr. Vallem is the owner of
one of the restaurants, T.J. and Th:� Duck. For many years the site
was the home of the Pizza Garden.
Dr. Bader's plans are to sell Parcel "A" to the owners of Taco Bell
for a new location, to build two new structures on Parcel "B" to
house his present and future tenants and to remove most of the
existing structures. The existing structures will not be removed
until the present tenants can be housed in the first building to be
erected on Parcel "B".
At the October 12, 1987 meeting of the Planning Commission, Mr.
Vallem and other tenants voiced their concern about the loss of
off-street parking during the time that the new Taco Bell was under
construction. The tenants feared that their businesses would be
adversely affected if adequate parking was not available. The
Planning Commission continued the matter until October 26, 1987 so
that the City Staff and Dr. Bader's engineer could develop an
interior parking plan.
The interim parking layout was present,d to the Commission at the
meeting of the 26th and that plan, as well as the Parcel Map, were
approved. Apparently, although not stated in the appeal, Mr. Vallem
is still not satisfied that he will be able to conduct his business
without interruption or hardship.
qAMJS B. SCHROE R
kg*unity Development Director
Attachments
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in
Mr. Cecil Dill of
CA Dillon Engineering
October 2, 1987
Page 2
S. That on-site fire protection be prU..aed per Fire Department
requirements;
6. That the Map contain the standard note re: "Requirements to be
met at time of development or Building Permit";
7. That the developer provide landscape and sprinkler plans in
_,,,,Conformance with City policy;
8. That"Siildings .on proposed lot line be removed prior to Final Map
9. That -additional public utility easements be dedicated on the map,
if possible, rather than by separate instrument;
10. That the driveway be of special commercial design conforming to
Standard Plan 111;
I.I. That driveway installation and water main relocation, be done at
time of Building Permit issuance.and that the water main be looped
from Lodi Avenue to the 6" main in the easement near the southwest
corner of the parcel;
12. That the final Map show all existing easements to be retained; and
13. That crossover agreements between Parcels "A" and "B" be recorded.
Sincerely,
.r .
" B. SCHROEDER
nity Development Director
cc: Harry S. Bader
4 k
CEDINANCE NO. 1305
_ AN QD INANC.'E OF ME CITY COLM I L OF THE CITY OF LCDI
REPEALING SECTICN 27-13(b) OF THE LCDI NIVICIPAL
C CDE REiAT I NG TD OFF-S'I EEr PARKING RI QU I RFNIF M ,
AMID AIDING: A NOV SECTION 27-13(b) RELATING nMUM.
BE IT GAINED BY THE LCDI CITY MWIL:
SDCTICN 1. Section 27-13(b) of the Lodi Ak.micipal Code relating to
o— street parking requirenents (i.e.. Section 27-13(b) to but not
including 27-13(c) Height and Area), is hereby repealed and a new
Section 27-13(b) is hereby enacted, as follows:
M
Section - New Facilities and Additions to Existing Facilities - All
55ildings or structures which are constructed or moved onto a lot shall
provide required off-street parking facilities. The parking require-
ments shall also apply to all additions made to existing buildings
including increases in number of twits, or in seating, or in floor area.
Section - Expansion of Existing Facilities with Non -Conforming Parkin
Mtoacent areas - New accessory buildings or enlargements ot exist -
Ing buildings inoadjacent areas shall be permitted only when at least
fifty percent of the parking requirements for the existing buildings are
provided as required by this section and the caTplete parking require-
ment for the new building or enlargement is provided. -
Section - Permanence o; Parking - No portions of a required parking
facility msy a ui t upon wst new structures or additions, or utilized
for other purposes unless a substitute parking facility -is provided that
meets the requirements of this ordinance.
Parking facilities required by this section shall be paved with a
minimum of two inches of asphalt. concrete surfacing over carpaeted
subgrade or equivalent and marked in the required number of stalls of
ample size with adequate aisles in accordance with the Parking Design
Standards as adopted by the City of Lodi Planning Cmmission.
Section - Interpretation of Requirements - Mere unusual circumstances
or hardships exist whichmalae ccs lance with these requirements im:)os-
sible, the applicant may apply to the Planning Cmmission for a Variance
under, provisions of Section 27-..5 of the Zoning Ordinance.
Section - Use of Residential Property for Commercial or Industrial
Parking - The Planning Ccmission may grant'With a se ermlt, t e use
A7 nnv )At !I.
1, LAURA E. : AINBRIDGE �{LED
Attorney at Law
2 433 W. Pine Street
Lodi, California 95240
3 (209) 333-8511 r ^i i j
4 Attorney for Plaintiff
BY pEPUTY
5
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
9
10 j TIMOTHY VALLEM and JUDITH VALLEM ) NO. 195652
dba T.J. & THE DUCK, }
11 } PRELIMINARY INJUNCTION
Plaintiffs, i
12 )
VS. )
13 )
HARRY L. BADER and ROBERT O. BADER)
14 dba H & R PROPERTIES, )
15 Defendants. } 1
16 `
17 j( The above matter was heard in Department No. 8, on January
18
26, 1937, pursuant to Order to Show Cause. ROBERT B. STERNFELS
p
19 appeased as attorney for Plaintiff, and STEVEN A. HERUM, of`-'-"
2G li L' N, _T -ER and BEARDSLEE, a Profess -i --nal Ccrporatien, appeareA-41s
21 attorney for defendants. The matter having been fully argued and
22 submitted and proof being made to the satisfaction of the Court
J;
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23 and good cause appearing,
,
24 IT IS ORDERED that during the pendency of this action or
25 until further order of the Court, defendants, their agents,
26 officers, employees, and representatives, and all persa>�gci�g`
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in concert or, participating with them, are hereby enjoined from
eag,a,gingin. or performing> any and all .of theJollowing: l
a. Any act :-which `interferes with the Pe-aceful and, qe ice_
enjoyment of'. Plaintiff "s business ;premises, Located at 698 :.W.
Lodi Avenue; Lodi, 'Califor,nia�,
b. Initiating any negotiations or entering into any
agreements to lease the plaintiff's business premises, at the
above address, unless it be with the plaintiff.
r IT IS FURTHER ORDERED that the above injunction shall issue
on plaintiff's filing a bond in the amount of $15,000.00 on or
before February 2, 1987, as required by law. Temporary
restraining orders shall remain in full force and effect until
February 2, 1987.
Dated: 3/21/ 7
2
N:
CITY COUNCIL THOMAS A. PETERSON
City Manager
EVELYN M. OLSON, Mayor CITY a F! T O D I AUCL N: REtMCXF
;OHN R. (Randv) SNIDER a I City Clerk
Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET
DAVID M. HINCHMAN CALL BOX 3006 RONALD M. STEIN
JAMES W. PINKERTON. Jr. LODI, CALIFORNIA 95241-1910 City Attorney
FRED M_ REID (209) 334-5634
TELECONER :(209) 333-6795
October 14, 1987
Mr. Cecil Dillon
c/o Dillon Engineering
1820 West Kettleman lane, Suite E
Lodi, CA 95242
Dear Mr. Dillon:
RE: Tentative Parcel Map 87 P 014
610 West Lodi Avenue
Harry S. Bader
At its meeting of Monday, October 12, 1987 the Lodi City Planning
Commission continued until 7:30 p.m., Monday, October 26, 1987 its
consideration of your request on behalf of Harry S. Bader for the
approval of a Tentative Parcel Map to divide 610 West Lodi Avenue (i.e.
APN 033-190-31) into Parcels "A" and "B" and to join 708 West Lodi
Avenue (i.e. APN 033-150-28) to new Parcel "B" in an area zoned C-1,
Neighborhood Commercial.
This matter was continued so that your office could submit a parking
layout for the total area. We would also suggest that your submittal
include the locations for new structures to be erected and structures
to remain on site; and dotted lines showing the building to be removed.
Si ncerely,
k. SCHROEDER
ty Development Director
cc: Harry S. Bader
CITY COUNCIL
EVELYN M. OLSON. Mayor
JOHN R. (Randy) SNIDER
Mayor Pro Tempore
DAVID tvL HINCHMAN
JAMES W. PINKERTON. Jr.
FRED M. REID
October 27, 1987
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1010
(209)334-5634
TELECOP'ER : (209) 333.6795
Mr. Cecil Dillon
c/o Dillon Engineering
P. 0. Box 2180
Lodi, CA 95241
Dear Cecil:
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE -
City Cleric
RONALD M STEIN
City Attorney
RE: Tentative Parcel Map 87 P 014
610 West Lodi Avenue
S
Harry Bader
At its meeting of Monday, October 26, 1987, the Lodi City Planning
Commission approved the Tentative Parcel Map to divide 610 Wes- Lodi
Avenue (i.e. APN 033-190-31) into Parcel "A" and "B" and to join 708
f
West Lodi Avenue (APN 033-i90-28) to new Parcel "B" An an area zoned
C-1, Neighborhood Commercial as requested by you on behalf of Harry S.
Bader.
The Planning Commission's approval is subject to the following
conditions:
1.
That the developer install all off-site utilities and
street
1 -
improvements;
[
2.
That engineering improvement plans Le prepared for all
public
improvements prior to Final Map filing;
_`
3.
That public utility easements as required by the various
utility
companies and the City of Lodi be dedicated;'
4.
That the developer pay all appropriate fees in effect at
time of
s_
Final Map filing or issuance of Building Permit and enter
into all
applicable agreements related to the following:
a. Engineering
-
b. Fire Service
C. Water Main relocation and abandonment, and
d. Seger Connection
Mr. Cecil Dillon
c/o Dillon Engineering
October 27, 1987
Page 2
5. That on-site fire protection be provided per Fire Department
requirements;
6. That the Map contain the standard note re: "Requirements to be
met at time of development or Building Permit";
7. That the developer provide landscape and sprinkler plans in
conformance with City policy;
8. That the Tentative Map be modified so that all proposed property
lines are a minimum of 10 feet from any existing structure;
9. That additional public utility easements be dedicated on the map,
if possible, rather than by separate instrument;
10. That the driveway be -of special commercial design conforming to
Standard Plan 111;
11. That driveway installation and water main relocation be done at
time of. Building Permit issuance and that the water main be looped
from Lodi Avenue to the 6" main in the easement near the southwest
corner of the parcel;
12. That the Final Map show all existing easements to be retained; and
13. That crossover agreements between Parcels "A" and "B" be recorded;
and
14. That temporary off-street parking stalls be painted to serve 664
through 698 as shown on the drawing dated October 26, 1987, and on
file in the office of the Community Development Director.
Sincerely,
B. SCHROEDER
o unity Development Director
cc: Harry S. Bader
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CITY C(UUiv`IL
EVFtvN ,tit OtSO`. Mayor
JOHN R. (Randy) SNIDER
Mayor Pro Tempore
DAVID M HINCHM.AN
JAMES W. PINKERTON. Jr.
FRED M. REID
L i Ur i, D€
CITY HAIL. 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
TE LECOPIE R : (M) 333-6795
December 11, 1987
THOMAS A. PETERSON
City :uanaRer
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
Mr. Tim Vallem
T.J. and the Duck
698 West Lodi Avenue
Lodi, CA 95240
Dear Mr. Vallem:
This letter will confirm action taken by the Lodi City Council at its
regular meeting of December 2, 1987 whereby, following a public hearing
and discussion on the matter, Council denied your appeal of. the
Planning Commission's approval of the tentative Parcel Map 87 P 014
concerning 610 West Lodi Avenue and 708 West Lodi Avenue, Lodi.
Should you have any questions regarding this matter, please do not
hesitate to call this office.
Very truly yours,
UX�tu y}1 i�c -
Alice M. Reimche
City Clerk
AMR:jj
cc: Mr. James Schroeder
Community Development Director