HomeMy WebLinkAboutAgenda Report - October 18, 1995 PHCII OF LODE COUNCIL COMMUNICATION
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AGENDA TITLE: Continued Public Hearing to consider the downzoning of East Lodi Avenue on the north side, the
200 block, the 300 block, the 400 block and 501-545 of the 500 block and on the south side
104-112 of the 100 block, the 200 block, the 300 block, the 400 block and 500-526 of the 500 block
from C-2, General Commercial to C-1, Neighborhood Commercial.
MEETING DATE: October 18, 1995
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council conduct a continued Public Hearing to consider the
Planning Commission's recommendation that the City Council downzone East
Lodi Avenue on the north side, the 200 block, the 300 block, the 400 block and
501-545 of the 500 block and on the south side, 104-112 of the 100 block, the 200 block, the 300 block, the
400 block and 500-526 of the 500 block from C-2, General Commercial to C-1, Neighborhood Commercial.
BACKGROUND INFORMATION: Earlier this year, Virginia Snyder with the Eastside Improvement
Committee, corresponded with the Planning Commission concerning the
unsightly conditions on East Lodi Avenue between the Southern Pacific
Railroad and Cherokee Lane and asked the Planning Commission to help abate the problem. The major problem listed by
the Committee were outside sales of used tires and second-hand furniture. The Committee also pointed out the lack of off-
street parking and commercial enterprises being conducted in residential structures.
The Planning Commission determined that the out-of-doors sales issue could be addressed by downzoning the property to
C-1, Neighborhood Commercial. Since the C-1 zone requires that all activities be conducted inside, the open-air sales
would become non -conforming uses and ultimately abated.
The off-street parking issue and use of homes for commercial purposes have not yet been reviewed and recommended by the
Planning Commission.
At its meeting of August 16, 1995 the City Council opened a Public Hearing on this Planning Commission
recommendation. The matter was continued for 2 months to (1) provide time for property and business owners to become
more familiar with the recommendation; (2) allow staff an opportunity to meet with an appraiser to determine if the
downzoning would affect property values.
About a week or ten days after the Council meeting, the Community Development Director met informally with Rich
Bromwell M.A.I. (Master Appraisal Institute) to discuss the affect of the downzoning on property values. Mr. Bromwell
indicated that in his past experience, this type of commercial zoning did not affect value. The neighborhood, the
surroundings and the condition of the property (i.e. location, location, location) were the factors that counted. He indicated
that the Payless/Lucky site on West Lodi Avenue, before the improvements were made, had a higher per square foot value
than the Safeway site on East Lodi Avenue. Payless/Lucky is zoned C-1 while Safeway is zoned C-2.
FUNDING: None required
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',qo nmunity Development Director
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APPROVED: NW," -�;, � "t 1%
THOMAS A. PETERSON recycled paw
City Manager _
1 CC9530.DOC cc•1
MINUTES
LODI CITY PLANNING COMMISSION
CARNEGIE FORUM
305 WEST PINE STREET
LODI, CALIFORNIA
MONDAY JULY 10, 1995
The Planning Commission met and was called to order by Chairman Harry Marzolf
Commissioners Present: Michael Lapenta, Chairman Harry Marzolf,
Jonathan McGladdery, Craig Rasmussen, Dorean Rice,
John Schmidt.
Commissioners Absent: Roger Stafford
Others Present: John Luebberke, Assistant City Attorney, James B. Schroeder,
Community Development Director, David Morimoto, Senior Planner,
Eric Veerkamp, Assistant Planner and Lisa Wagner, Secretary.
The Minutes of the Regular Session of June 19, 1995 were approved as mailed.
PLTBLIC HEARINGS
Chairman Marzolf announced that now is the time and place for the public hearing to
consider the downzoning of East Lodi Avenue and the 100 and 200 blocks of East Pine
Street from C-2, General Commercial to C-1, Neighborhood Commercial. Senior
Planner Morimoto introduced this matter to the Planning Commission. Mr. Morimoto
explained that the Planning Commission and the Eastside Improvement Committee had
expressed interest in the possibility of changing the zoning on East Lodi Avenue and a
section of East Pine Street from General Commercial to Neighborhood Commercial and
had requested staff to explore this possibility. The reason for this request was to
eliminate, over time, some of the more intense commercial uses in these areas. These
included bars, car lots, outside sales of used tires, and certain auto repair businesses.
Staff briefly reviewed the types of uses that were permitted in C-2 zones vs. the types of
uses that were permitted in C-1 zones. It was explained that even uses that became non-
conforming as a result of the zoning change could be allowed to continue under a
"grandfather clause." Under this practice, existing uses that became non -conforming
would be allowed to continue as long as they did not substantially change or expand and
that their use did not lapse for more than a six-month period. This would assure thatall
existing businesses could continue as they have done so in the past.
Based on a land use study conducted by the Planning Department, it was estimated that
approximately 6 businesses would clearly become non -conforming if the rezoning took
place. These would include the outdoor tire sales, car lots, bars, and the Greyhound
Bus facility. Staff noted that even if the zoning in these two areas were changed, the
actual uses and appearance of the streets would not change overnight because most of
the existing properties would still be permitted in the new C-1 zone and even the
MI?17-10.DOC
7:30 P.M.
ROLL CALL
NM=S
JUNE 19, 1995
DOWNZON MNG
OF
EAST LODI AVE.
THE 100&200
BLOCKS OF
EAST
PINE STREET
non -conforming uses would be grandfathered -in. A significant change in appearance
might not occur for many years.
Lir. Morimoto suggested that in addition to changing the zoning in the area, the City
may also have to adopt a new set of regulations which establish clear guidelines on what
improvements a business would have to make in order to conduct a commercial activity
on a piece of property. This was particularly true for residences which were converted
to commercial uses. These guidelines could include things like parking, landscaping,
signing for the restriction on outdoor display or storage of sale items. The City will also
have to revise their Zoning Ordinance to update the list of permit uses in both C-1 and
C-2 zones. It was noted that the Zoning Ordinance dates back to 1953 and the types of
uses included in the lists need to be updated.
The Planning Commission directed a number of questions to City staff dealing primarily
the impact of the zoning change on existing businesses. Staff explained that City policy
has always been to grandfather -in existing uses and treat them as existing
non -conforming uses which would allow them to continue in operation as long as they
did not go out of operation for a period in excess of six -months, The Commission also
asked about businesses that store sale items out in the open. Staff explained that this
would not be permitted in a C -I zone; however, existing businesses would be allowed to
remain. New businesses would have to conduct their business inside of a building. For
example, the used tire sales could still be conducted if all of the tires were stored inside
of a approved commercial building. Following some more additional discussion
Chairman Marzolf opened the hearing to the public and asked if anyone in the audience
wished to speak on this matter.
Coming forward to speak was Virginia Snyder, P.O. Box 2444, Lodi. Ms. Snyder .
spoke in favor of the zoning change with the hope that it would help upgrade the east
side commercial areas. She also expressed her desire to allow existing businesses to
remain in business even if they were non -conforming under the new zoning
classification. She also felt that additional enforcement would be necessary to clean up
some of these areas. She also briefly discussed the formation of a landmark district
within the east side to establish certain architectural guidelines for the area.
The next speaker was Virginia Lahr, 311 East Elm Street. Ms. Lahr also spoke in favor
of the proposed zoning change. She expressed particular concern about the outdoor tire
sales. She felt they were a fire hazard. She noted that badly operated businesses had a
negative impact on adjacent good businesses and made it more difficult for them to be
successful. She also discussed the use of a "contingency use permit" which would
restrict the uses of a property to a specific type of business which could not be changed
without specific approval.
The next speaker was Camille Green, 405 E. Pine Street. Ms. Green felt that outdoor
storage and sale of items went on because no one was doing anything to stop this type
of activity. She felt that the City needed a code enforcement officer to handle these kind
of problems.
The next speaker was Colleen Dixon, 333 E. Hilborn Street. Ms. Dixon also stated Her
support for the proposed zoning change and added that she did not want existing uses
r.t �o Doc
put out of business. She did not; however, want the process of cleaning up the east side
to take 20 years. She felt that other methods could be used to clean up the area.
The next speaker was Fred Muther, 904 Sylvia Drive. Mr. Muther stated that he owned
the old Courtesy Motor property at the northeast corner of Pine and Stockton Street
and also the old car lot across the street that is currently being used to sell used tires.
Mr. Muther explained the problems.that property owners in the area had in renting out
their property and keeping good tenants. He suggested a number of ways landlords
could work with their tenants to improve the appearance of their properties. He was
opposed to any change in the zoning because it would limit the number of potential
tenants that could utilize his property. He explained that many of the buildings in the
area were old and were built for specific uses and would be difficult and expensive to
convert to uses that might conform to the C -I zoning. He felt that property owners -
needed every opportunity to rent out their properties in order to make a living.
The next speaker was Helen Beoshanz, 958 Quinta Court, Woodbridge. She read a
letter from her husband expressing their opposition to the proposed rezoning. She felt
that the existing C-2 zoning was appropriate for the area and that any action which
made it more difficult for landlords to find tenants could lead to further deterioration of
the neighborhood. She also implied that they would consider legal action for any loss to
the value of their property.
The next speaker was Gertie Meidinger, 123 E. Pine Street. Ms. Meidinger spoke in
opposition to the proposed zoning change. She explained that she owned the used car
lot at 123 E. Pine Street. She noted that this property. had been used for a car lot for
many years and that she relied on the income from the property to supplement her social
security income. She was opposed to anything that would effect her ability to lease the
property out as a car lot.
The next speaker was Don Ostorero, 201 E. Pine Street. Mr. Ostorero explained that
he owned Transmissions by Hal, which is located behind the Greyhound Bus Depot. He
felt that the proposed zoning change would place an undue hardship on his business. He
noted that the building was specifically built for an automotive related business and
would be difficult to convert to some other type of use.
The next speaker was Fred Muther who had spoken previously. Mr. Muther noted that
the east side was one of the few locations in Lodi where new businesses could start with
low rents and low overhead. He felt that this was an important area for people starting
a new business. He also discussed ways in which businesses, like the used tire sales,
could be improved to make them more compatible with the surrounding area.
There being no further speakers, Chairman Marzolf closed the floor to the public.
Commissioner Rassmussen stated that he was in favor of the proposed rezoning.
However, he was concerned about the potential loss of tenants if a business were to
lapse for more than six -months and how that would impact individual property owners.
Commissioner Lapenta stated that he was in favor of rezoning because both streets were
badly in need of improvement and the rezoning was a good first step. Commissioner
McGladdery also stated that he was in favor of the rezoning on Lodi Avenue, but was
less certain about Pine Street. He felt that Lodi Avenue presented a more pressing
MI 47-1o.00c
problem and should be dealt with separately. He felt that Pine Street could be handled
at later date, possibly in conjunction with the downtown revitalization effort. Senior
Planner Morimoto noted that there were other areas in the downtown which might be
suitable for a change in zoning. He noted that both Sacramento Street and Main Street
had industrial zoning which might not be appropriate in light of the downtown
revitalization effort. He stated that the Planning Commission might possibly want to
look at changing the zoning at least'in the downtown area, from industrial to some type
of commercial zoning. The East Pine Street area could then be studied in conjunction
with this effort.
Following some additional discussion, Commissioner McGladdery made a motion to
rezone the properties on Lodi Avenue from C-2, General Commercial to C-1,
Neighborhood Commercial and to hold off on any action on the East Pine Street
properties until some future date. This motion was seconded by Commissioner
Lapenta. Commissioner Schmidt and Commissioner Rassmussen both stated that they
found the motion acceptable as long as the Pine Street properties were brought back
before the Planning Commission sometime soon. It was their feeling that they did not
want this action on the Pine Street area to be postponed indefinitely. Following this
discussion, the Commission approved the motion on a unanimous vote.
COMMSi�1TS BY PLANNING COMMISSION ON NON -AGENDA ITEMS
One of the Commissioners asked about the status of the removal of the railroad tracks
STATUS OF THE
on East Lodi Avenue. Deputy City Attorney Luebberke explained that the City was still
REMOVAL OF
in negotiations with the Central California Traction line and there was still some
THE RAILROAD
disagreement about whether the Lodi Avenue line was part of the mainline or if it was in
TRACKS ON
fact a spurline. He also noted that the railroad company was doing some work on Lodi
EAST LODI
Avenue to try to improve the quality of the road surface.
AVENUE
ANI NT OUNCEMENTS
Community Development Director Schroeder took this opportunity to introduce Dorean
INTRODUCED
Rice who was recently appointed as the newest Planning Commissioner. Chairman
NEW PL-MNNING
Marzolf welcomed Commissioner Rice to the Planning Commission.
COMMISSIONER
DOREALN RICE
As there was no further business to be brought before the Planning Commission, Chairman
Stafford adjourned the session at 9:00 p.m.
Respectfully submitted,
DAVID MORIMOTO, AICP
Senior Planner
WN7-io.00c
Excerpts from City Council Minutes
of August 16, 1995
6. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which
publication is on file in the office of the City Clerk, Mayor Mann called for the
Public Hearing to consider the Planning Commission's recommendations that
the City Council downzone East Lodi Avenue on the north side, the 200 block,
the 300 block, the 400 block and 501-545 of the 500 block and on the south side
104-112 of the 100 block, the 200 block, the 300 block, the 400 block and 500-
526 of the 500 block from C-2, General Commercial to C-1, Neighborhood
Commercial.
Hearina Opened to the Public
Russell Ings, 334 East Lodi Avenue, Lodi, owner of a lunch truck
business, expressed opposition to this matter and requested that any
decision be held off for one month while property owners learn more
regarding the proposal, and
2. Gary Buzunis, 964 Lucas Road, Lodi, complained that he was not
notified by the City regarding this matter. Mr. Buzunis feels the property
value would go down if the zoning were changed from C-2 to C-1, in
addition to the limit of uses for the property. Mr. Buzunis requested that
the City Council put off its decision on this matter for at least 60 days.
Public Portion of Hearing Was Not Closed.
ACTION:
The City Council, on motion of Council Member Sieglock, Davenport second,
unanimously continued the public hearing until the City Council meeting of
October 18, 1995. Council Member Sieglock suggested that an appraisal of the
area be made to assess whether or not property values would increase or
decrease.
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ORDINANCE NO. 1621
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI
AND THEREBY REZONING EAST LODI AVENUE ON THE NORTH SIDE,
THE 200 BLOCK, THE 300 BLOCK, THE 400 BLOCK AND 501-545 OF THE 500 BLOCK,
AND ON THE SOUTH SIDE 104-112 OF THE 100 BLOCK, THE 200 BLOCK,
THE 300 BLOCK, THE 400 BLOCK AND 500-526 OF THE 500 BLOCK FROM C-2,
GENERAL COMMERCIAL TO C-1, NEIGHBORHOOD COMMERCIAL
THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS:
Section 1 The Official District Map of the City of Lodi adopted by Title 17 of the Lodi
Municipal Code is hereby amended as follows:
The parcels located at East Lodi Avenue on the north side, the 200 block, the 300 block, the 400
block and 501-545 of the 500 block and on the south side 104-112 of the 100 block, the 200
block, the 300 block, the 400 block and 500-526 of the 500 block are hereby rezoned from C-2,
General Commercial to C-1, Neighborhood, as shown on the Vicinity Map, on file in the office
of the City Clerk.
Section 2. The alterations, changes, and amendments of said Official District Map of the
City of Lodi herein set forth have been approved by the City Planning Commission and by the
City Council of this City after public hearings held in conformance with provisions of Title 17 of
the Lodi Municipal Code and the laws of the State of California applicable thereto.
SECTION 3 - NO MANDATORY DUTY OF CARE. This ordinance is not intended to and
shall not be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liability for damages, except as otherwise
imposed by law.
SECTION 4 - SEVERABILITY. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Section 6 This ordinance shall be published one time in the "Lodi News Sentinel', a daily
newspaper of general circulation printed and published in the City of Lodi and shall be in force
and take effect thirty days from and after its passage and approval.
S J:ICAICIMORMORD 1621.DOC
Approved this _ day of , 1995
STEPHEN J. MANN
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1621
was introduced at a regular meeting of the City Council of the City of Lodi held October 18,
1995 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
Approved as to Form:
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
5 JACA\C MORMORD1621.DOC
O
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P. 0. BOX 3006
qer ��PLODI, CALIFORNIA • • 1,
FOR
From A'-
, u s} 16 191s)
SUBJECT: PUBLIC HEARING REGARDINGTOWNZONING OF EAST LODI AVE
PUBLISH DATE: SATURDAY, OCTOBER 14, 1995
TEAR SHEETS WANTED:
AFFIDAVIT AND BILL TO:
DATED:
advins/forms
ONE
OCTOBER 11, 1995
JENNIFER M. PERRIN
CITY CLERK
ORDERED BY:
r "-00104
CITY OF LODI NOTICE OF PUBLIC HEARING
Carnegie Forum Date: , October 18, 1995
305 West Pine Street, Lodi Time: 7:00 p.m. - CONTINUED -
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
(CONTINUED) ATT,
NOTICE IS HEREBY GIVEN that on Wednesday, October 18th, at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a
Public Hearing to consider the following matter:
a) Downzoning of East Lodi Avenue on the north side of the 200 block, the
300 block, the 400 block and 501-545 of the 500 block and on the south
side, 104-112 of the 100 block, the 200 block, the 300 block, the 400
block and 500-526 of the 500 block from C-2, General Commercial
C-1, Neighborhood Commercial.
Information regarding this item may be obtained in the office of the Community
Development 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 delivered to the City Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council:
Jacq eline L. Ta to
in City Clerk
Dated: Continued by Council August 16, 1995
App{ovedas to form:
John Luebberke
Deputy City Attorney
J.%CITYCLRKIFORMSINOTCOD. DOC 7/19!95
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EASTSIDE IMPROVEMENT COMMITTEE
Cfizon Volunfeerf �ica�ilinc� �ime, eUru�3, aru�I/,Ci��if - �. - . , __ ,
P. 0. Box 2444 Lodi, Ca. 95241 (209) 368-8848-;x'..:: �=
October 6, 1995
TO: Lodi City Council and Staff
FROM: Virginia Snyder
RE: Downzoning East Lodi Avenue
According to Steve Mann, the council votes do not exist to downzone East Lodi
Avenue. When we discussed this at last night's board meeting, some disturbing
reactions came out.
Our group agreed that unless some meaningful zoning actions take place, Lodi's
eastside will continue to be a dumping ground for tacky, inapproriate businesses
which erode the surrounding neighborhoods and create more slum conditions.
(Please see the enclosed photograph of an E. Lodi Ave. business called The
Attic, and also photographs of the latest eastside business to obtain a business
license to operate a front yard junk shop at 610 Victor Road. Please drive by
and take a look - it's another mess on a direct route into Lodi.
We asked for guidance from the Planning Commission, and their response was
to recommend to you that East Lodi Avenue be downzoned. Now, according to
Steve, a majority of the council is not convinced this is the best way to clean up
that street.
The chief opponent to downzoning is Gary Bezunis, who Steve says is one of his
best friends. Because of that close relationship, Steve will no doubt disqualify
himself from the vote, so that leaves the remaining four councilmembers to make
the decision. We hope to convince you to vote for the downzoning.
(EIC is spending this weekend on retreat to study Landmark Districts. We want
to learn exactly what they mean. It's our understanding they can be anything the
city council says they are. We hope to schedule a shirtsleeve session in the
near future to share what we've learned with you --it may be a way to create a
win-win situation for all concerned. If East Lodi Avenue can be beautified
without creating an assessment district, property values increased, and
merchants attract more customers, other areas such as East Pine Street may be
knocking on your doors demanding their own districts. Wouldn't that be a
switch? Anyway, we've obtained copies of legislation used by the cities of
Woodland and Pasadena to create special districts. I'm having copies made for
you.)
Our board of directors unanimously agreed (Kevin Suess was absent) it makes
absolutely no sense to spend millions to revitalize downtown and Cherokee
Lane while at the same time allowing the eastside to continue its downward
spiral. It's not too late to save East Lodi Avenue, but every day brings the
possibility for more tire shops and other open air businesses to be licensed.
Zoning changes by previous city councils have destroyed our eastside
neighborhoods. Now, unfortunately, you are faced with the challenge of trying to
undo those decisions. Courageous, innovative zoning can turn the eastside
around and you have it in your power to do just that. As you've demonstrated,
this council has the political will to make bold decisions. If it's done before any
more open-air businesses are licensed, downzoning will create only a handful of
non -conforming businesses.
We strongly urge you take a walk or a drive down East Lodi Avenue. Please
pay particular attention to the attractive bungalows housing The Joy of
Decorating and American Therapy Equipment. Picture a street with an old -town
ambiance, no garish billboards and signs, and thriving, well -kept businesses
which exist in harmony with the adjacent residential neighborhoods. It is
possible! We believe CDBG funds could be used as incentives for merchants
to upgrade their property. That might take some of the sting out of downzoning.
Please vote to downzone East Lodi Avenue.
Sincerely,
L
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