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HomeMy WebLinkAboutAgenda Report - October 5, 1994 PH� CIN OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Planning Commission's Recommendation to approve the following requests of Terry Piazza, Baumbach and Piazza, Inc. on Bc4Wf of River Pointe Partners (1) for a General Plan Amendment to Redesignate the Parc eb at 1 and I 1 West Turner Road (APN's 041-250-10 and 26) from HI, Heavy Industrial to LDR, Low Density Residential; (2) to Rezone the Parcels at 1 and 11 West Turner Road (APN's 041-250-10 and 26) from M-2, Heavy Industrial to P -D, Planned Development District and (3) to Certify the River Pointe Environmental Impact Report as Adequate Environmental Documentation on the project. MEETING DATE: October 5, 1994 PREPARED BY: Community Development Director RECOMMENDED ACTION: that the City Council conduct a Public Hearing to consider the Planning Commission's recommendation to approve the following requests of Terry Piazza, Baumbach and Piazza, Inc. on behalf of River Pointe Partners: 1. for a General Plan Amendment to redesignate the parcels at l and 11 West Turner Road (APN's 041-250-10 and 26) from HI, Heavy Industrial to LDR, Low Density Residential; 2. to rezone the parcels at 1 and 11 West Turner Road (APN's 041-250-10 and 26) from M-2, Heavy Industrial to P -D, Planned Development District; and 3. to certify the River Pointe Final Environmental Impact Report as adequate environmental documentation. BACKGROUND INFORMATION: The proposed River Pointe project contains 44 single-family lots on the north side of West Turner Road between the Rivergate Subdivision and the Southern Pacific Railroad right-of-way. The site was formerly occupied by a winery and has been under redevelopment for some time. Besides a diesel spill, the Environmental Impact Report discusses noise from the railroad, problems associated with being adjacent to the Mokelumne River, and access from Turner Road. The developers have reached agreement with Fish and Game and the State Lands Commission on problems associated with the river. The noise from trains will be mitigated by placing a sound wall on top of an engineered fill adjacent to the railroad. The Southern Pacific Railroad Company has agreed to this solution as long as the developers pay for the project. APPROVED: i, THOMAS A. PETERSON ,KYR„a pape, City Manager CC. "'r^�'ttllk`iYce�„�."_sew,,{4.9�•�yf+rxxrr:+,u,....._...�_......,...s.._.,.,....,..-..._..•..,-...-...,..�.�....rn..n. MYl.:ly1'..!.:. r.+i':f'.:i".aFi2'Y1;�7w'e�":RG •91�w'b'..':�"y'EiH� �;t' 0 River Point. Circk is proposed as a private, gated smat and the developers ere faring a Trak F.ttgimeer to mitigate any traffic access problems. If the City Council approves the above requests, Rives Pointe Partners will present the Plating Commission with a Tentative Subdivision Map. At the Tentative Map stage, the State requir nett ibr public access to the Mokelumne River trust be discussed and a solution found. However, this item is not ptav* before the City Council. FUNMMG: Application. fees. J mmunity Development Director JBS/ck Attachments !►Mit[ r�fMet LtllotNTllt crtr N Lee ,. 'kw/ h/./ra • j .wr I .. .r. Mf i t I Ii a4•ffW . —: .. fl .w11... •. 4' M •1•..• J!•' a/IN • \ . UJ •r.1O.�•../ art t6 tT Jt )) )! )s -.. ort OF. �,• A" rper r w•/y . '-.M- I.w / r• If• \•N M INIy I •I �•I SrvitF � �` /IY►LI tflltllNT/It .rv►sto r o1/mral NNI Waver Pi's / •�,•�•p� y. 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M &vw NI{ rrflw.frf r oft se One • to .rrr an4800muf{O r wr►Iw rw/• a x•r _VfiUI*48A H C LAND USE MAP f we �• • 's' 6.7ii MEMORANDUM, City of Lodi, Community Development Department TO: CITY COUNCIL FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: JULY 25, 1994 SUBJECT: FINDINGS OF APPROVAL FOR RIVER`POINTE SUBDIVISION EIR A. Environmental Impact • Riparian Habitat The proposed project will encroach upon the riparian corridor of the Mokelumne River. The loss of any riparian habitat would result in significant impacts to plant and wildlife resources. Proposed Kitigation 1. That the applicant'has agreed to leave the existing riparian habitat along the Mokelumne River intact. All existing natural trees will be preserved, except for any trees determined to be dead or dying. Native riparian shrubs will also be maintained and any inappropriate plantings removed. The determination of what plants remain or are removed will be made in consultation with the Department of Fish and Game working with the City and the applicant. 2. It is also recommended that a buffer zone be created along the riparian corridor that will retain the existing plants and will prohibit the future planting of plant species that are not native to the riparian habitat. This buffer could extend from the south bank of the river back as far as the edge of the proposed fill line (elevation 50') of the project. A list of approved native plants that could be planted in this area can be compiled by the City in cooperation with the Department of Fish and Game or other qualified parties. 3. That the City accept the applicant's offer to donate fee title of a riparian habitat located across the river from the proposed project. This parcel, located on the north side of the river just east of the S.PP.R., is approximately 1.4 acre in size and has a largely undisturbed growth of riparian trees and plants. The Department of Fish and Game has examined the property and determined that it is an excellent example of riparian habitat. In addition to the riparian area, the applicant is offering an additional 50 -foot buffer strip along the north We to separate it from adjacent agricultural areas. The land can be held in a land trust or other suitable instrument for the benefit of the public. At present the area would be a scenic habitat and not open to the public. Finding The mitigations proposed are sufficient to offset any encroachment into the riparian area adjacent to the Mokelumne River and the lack of public access through the development. The dedication of the property on the north side of the Mokelumne River will provide a permanent area of high quality riparian habitat. 'Phis area is largely undisturbed and is not heavily impacted by adjacent urban uses. The quality of the plant life is high and because of its relatively isolated location, the potential for. wildlife habitat is also high. B. Environmental Impact - Noise . The EIR found that train noise from the adjacent S.P.P.R would expose residents of the project to levels of noise considered unacceptable for residential development. Proposed MitiUtions The applicant is proposing to construct an earthen embankment parallel to the railroad track. The height of the embankment will vary but will be roughly even with the railroad ballast and run the length of the project. At the point the embankment crosses the project property line, the applicant is proposing to construct an 8 -foot high solid masonrY wall running parallel with the railroad tracks. The top of the block wall will be on average approximately 20 feet higher than the residential lots. 2. Design the proposed residences with the noise problem in mind. Keep east facing windows and doors below the height of the soundwall. Use double or triple pane windows on walls facing the tracks and keep houses to one story where possible. Insulate all walls and caulk and seal all window and door openings. Place bedrooms as far from the railroad tracks as possible. 3. Once the embankment and sound wall are complete and specific house locations are determined, a new noise analysis should be required. The analysis would determine the effectiveness of the sound wall and whether additional measures are required. This should be done before any building permits are issued. Findin The addition of the earthen embankment and the masonry sound wall will reduce noise impacts from the S.P.P.R. to a less than significant level. The additional requirement that a new noise analysis be done prior to issuance of any building permits will also assure acceptable noise !evels in the interiors of the proposed residences. C. Environmental Impact - Circulation. The EIR suggests that the single point of access into the project from Turner Road creates a potential safety and traffic problem by limiting ingress and egress to the project. There also is concern expressed about pedestrian safety for residents crossing Turner Road, particularly school children. Finally, there is concern that onsite parking on the private street may not be sufficient to accommodate resident and visitor parking requirements. E=sed Mitigation It is recommended that the developer be required to retain a qualified traffic engineer to study these issues and incorporate their recommendations into the development plan. Finding The developer will retain a traffic engineer and incorporate their findings into the development plan. This will reduce potential safety and circulation problems to an acceptable level. D. Environmental Impact - Flooding The EIR points out that between 5 and 19 residential lots in the project are shown within the 100 year flood zone. This would expose them to potential hazard from a 100 year flood. Proposed Mitigation The developer must elevate the lowest floor of any residential structure to 18 inches or more above the level of the base flood elevation. This can be achieved by a combination regrading of the site to raise the building pads above the flood elevation and increasing the foundation heights to place the finishede floors 18 inches above the base flood elevation. The developer will be required to provide the City with survey map showing the elevation of every lots within the flood zone prior to the issuance of any building permits. Findin The proposed mitigation will assure that all residences have finished floor elevations at least 18 inches above the base flood elevation. Environmental Impact The site will have extensive grading and compaction work as a part of the proposed project. There was extensive excavation done in prior years to remove underground fuel tanks and contaminated soil. Much of this soil is piled around the site. LI As a part of the development a major- earthen embankment will be built adjacent to the S.P.P.R. tracks to serve as a base fol the sound wall. Finally, the site will require extensive grading to create proper flow fines and to raise portions of the : property above the flood zone line. Prosiond Mitigation 1. The developer shall retain an engineer to determine the design and stability of the embankment and masonry wall along the railroad line. The engineer will also inspect the work in progress to ensure its proper construction. A soils report should also be done for all of the building lots to insure the proper soil compaction prior to the construction of any residential structures. in in The proposed mitigation will assure the structural integrity of any earth work done as a part of this development. LJ �J EXCERPT'S FROM PLANNING COMMISSION MINUTES OF AUGUST 3,19% PUBLIC HEARINGS Vice Chair Hitchcock opened the public hearing for the request of Terry Piazza, Baumbach & Piaz a Inc. on behalf of River Pointe Partners for the following actions: 1. for a General Plan Amendment to redesignate the parcels at 1 and 11 West Turner Road frac HI, Heavy Industrial to LDR, Low Density Residential; 2. to rezone the parcels at 1 and 1 l West Turner Road from M-2, Heavy Industrial to P -D, Planned Development District; and 3. to rocontmend certification of the River Pointe Environmental Impact Report as adequate enviromnental documerttatiaa Commuinity Development Director Schroeder introduced this matter for the Planning Commission. Mr. .Schroeder explained that the River Pointe project was submitted to the City over two ycars ago at which time the City hired a consultant to prepare an environmental report on the project. Following completion of the EIR, the applicant requested that the City hold off further processing of the project until they could resolve certain issues identified by the EIR. The applicants feel they have resolved these issues and are now asking that the City move forward with the processing of the application. Mr. Schroeder went on to explain that the proposal will occupy a 12.11 acre site located on the north side of Turner Road, west of the Southern Pacific railroad tracks. The site also backs onto the Mokelumne River which forms its north boundary. Mr. Schroeder explained that the site had previously contained a winery facility which was most recently owned by Italian Swiss Colony. The winery was vacant for a number of years and was subsequently torn down and all structures removed from the property. The applicants are requesting a change in General Plan designation from Industrial to Low Density Residential to permit construction of a 44 -lot single-family residential which will be built utilizing a private street system with a single access point to Turner Road. , Senior Planner Morimoto then briefly reviewed the environmental documents prepared for the project. Mr. Morimoto explained that the City had retained the services of Kreines & Kreines consulting firm to prepare an environmental impact report for the project. The EIR identified a number of potential impacts resulting from the project. Most of these impacts, however, were felt to be less than significant. The report identified five impacts which were considered significant and would require some type of mitigation. The first impact was the encroachment upon the riparian corridor of the Mokelumne River. There is a potential for loss of riparian habitat which would result in significant impacts to plant and wildlife resources. Staff explained that the applicants were proposing three mitigation measures for this potential impact. The first was that the applicant leave the existing habitat along the Mokelumne River in tact. Because the sits has been heavily used as a winery, there is limited natural vegetation left on the site. However, there are still a few trees and shrubs along the south bank of the river. The second mitigation measure is the creation of a buffer zone along the riparian corridor that will retain the existing plants and will prohibit the future planting of species that are not native to the riparian habitat. This buffer could extend from the south bank of the river as far back as the edge of the proposed fill line which is at elevation 50 feet of the project. The third measure is that the City accept the applicants' offer to donate fee title of the riparian habitat located across the river from the proposed project. This parcel, located on the north side of the river jus'. east of the Southern Pacific railroad tracks, is approximately 1.4 acres in size "✓'r..SN.Ah"f•dwJ�r n?;•y�.. �'^e3A7.'V/4!?.�Yr}wM>.."...: •...-..-. .., ...• •.. .......-.��.:: ..-,:. _u..�._.+�.s.T•"n. .S'/a��.yY .,f: i�'45,, s..d��i;...-+t a'L:C '..«F•j +s!f Y �,K fY:' 'i'..i .: �^ .. r. ...... � ....N... .n.... _ _.. is , and has a largely undisturbed growth of trees and pleats. The Deparonent of Fish dt Game has examined the property and detsrtr» sed that it is an excellent c=Vlc of riparian habitat. In addition, the applicant is a!so offering a 50 -foot buffer strip along the north side of this riparian area to separate- it from adjacent agricultural areas. Ibis land will be held in a land trust or " other suitable instrument for the betx:dt of the public. 7be Commission inquired about the width of the proposed buffer zone along the south side of the river. Staff explained that the width would vary but would average approximately 30 fed. This would be the distance between the south bm* of the river and the area being raised by grading to bring it out of the flood zone. 7be Planning Commission also had questions regarding the land on the north side of the river which is being set ash as a riparian habitat. 7be Commission asked who would own and maintain this arra and if there would be access for maintenance Staff explained that the exact details of who would own and maintain the land has not been worked out. 'line City and the applicant am attempting to work with the State to find a suitable organization to hold the land in public trust. This group would maintain the land as a aceaic easement, but it would not be open to the public for any type of active use. As far as access for maintenance, the applicant owns the adjoining property to the north and indicated that he is willing to allow an access easement through his property for the purpose of maintenance and secv city. The Community Development Dira-tor thm read two letters, one f om the State lands Commission and the other from the State Fish & Game Department indicating that they are both satisfied with the proposed mitigation mmsures and are willing to give their approval to the proposed project. The second significant environmental impact identified by the EIR it die problem of noise. The EIR found that train noise from the adjacLat Southern Pacific R2goad track would expose residents of the project to levels of n-)ise considered unace-ptable for residential development. Staff explained that the applicants are proposing three mitigation measures. The first is to construct an earthen embankment parallel to the railroad track. The height of the embankment will vary but will be roughly even wid: tine top of the railroad ballast. On top of this embankment the applicants propose to construct an 8 -foot high masonry block wall running the entire length of the project. The top of the block wall will be approximately 20 feet higher than the residential lots. The block wall and the embankment were designed to deflect some of the train noise from the proposed project. The second mitigation is to specially design residences that will be located adjacent to the railroad track so that consideration will be giver to all door and window openings which face the railroad tracks. Also additional insulatian and other sound deadening measures will be incorporated into the design of the stru ,tures. The third mitigation is to do a noise analysis of the proposed sound wall as well as the final design and location of the houses in the project. The noise analysis will determine if the proposed sound mitigaticm r-asures are adequate to reduce noise levels to an acceptable resider %W level. The third environmental impact is the question of traffic circulation. The EIR suggests that the sing;e point access into the project from Ttirn.r Road could create a potential safety and traffic problan by limiting ingress and egress to the project. There was also concern about pedestrian safety for people crossing from the project to the other side of Turner Road where schools and stares are located. The p.oposed mitigation is thxt the applicant hire a qualified traffic engineer to prepare a detailed traffic analysis to determine if the current design of the project creates any significant traffic hazards and if so v►inat changes can be made to reduce the problem. Community Development Dmrtor Schroeder indicated that Public Works Director Ronsko concurred with this mitigation measure. The fourth impact identified by the EIR was the potential for flooding'on the project site. Currently, a portion of the project site lies within the floodway of the Moktlumne River. The proposed mitigation is to elevate the lowest floor of any residential structure to 18 inches or more above the level of the base flood elevation. This will be achieved by a combination of regrading the site to raise the building pads above the flood elevation and, in some cases, increasing the foundation heights to place the finished floors l8 inches above the base flood elevation. The developer will be required to provide the City with a map showing the elevations of every lot within the flood zone prior to issuance of any budding permits. The final an ironme tal impact is the issue of soil geology. The site has had extensive grading and eompacb m work as a part of the proposed project. There was extcnsiive excavation done in prior years to remove underground fuel tanks and contaminated soil. In addition, the,applicant is proposing to construct a large earthen bank adjacent to the railroad tracks as part of his raise mitigation measures. The proposed mitigations are twofold. First, the developer shall retain an engincer to determine the design and stability of the earthen embankment and masonry wall along the railroad tracks. The engineer will also inspect the work in progress to ensure its proper construction. A soils report shall also be done for all of the building lots to ensure the proper soil compaction prior to construction of any residential structures. Second, the applicant must submit to the City a written report indicating that the property is free of any hazardous waste or other soil contamincrnts in accordance with State and local regulations. Senior Planer Morimoto indicated that based on the proposed mitigation measures developed by the City and the applicant, it was felt that all of the significant impacts which may result fiom the pied Project could be mitigated to a less than significant level. Commissioner Schmidt inquired about the noise reduction measures. He wondered if the construction of the block wall would in fact decrease noise levels on the adjacent properties. Staff indicated that while the block wall would not eliminate the train noise, it would at least deflect or reduce the level of noise to an acceptable level on the subject property. He explained the reason the City is recommending that a noise analysis be done on the wall design is to make sure the wall would actually achieve the desired purpose. There being no further questions, Vice Chair Hitchcock opened the hearing to the public and asked if anyone in the audience wished to speak on this matter. Coming forward to speak was Terry Piazza, Baumbach & Piazza, Inc. Mr. Piazza stated that he and his clients agreed with the mitigations outlined by staff and the EIR. He indicated that as part of the EIR they have already done a noise analysis and the proposed earthen berm and block wall are a result of the noise study. He also stated that they are willing to do a traffic study if necessary. However, they felt that the project would not create any adverse traffic problems. The next speaker was Richard Thorpe. Mr. Thorpc stated he is one of the partners in the project and that he and his partners have been working for several years to resolve some of the issues involved with this property. He explained that one of the major hurdles was the contamination of the soil with diesel fuel from the previous winery operation. He stated getting the contaminated soil removed and getting the property certified as being free of contaminants has been a long time consuming process. In response to a previous question, Mr. Thorpe stated that he would be willing to provide administrative access to whatever party or agency takes control of the riparian habitat area on the noir, side of the river. He stated that this access will be provided once the project is .approved. He added that he is currently worldog with the Department of Fish & Game and the State Lands C immiaaion to establish some type of conservancy to own and maintain the riparian habitat property. Details of this agreematt have not been worked out, but will be compktod when the prnjoct is approved. The next speaker was Gene Tupper, 1041 Awani Drive. Mr. Tupper said he was concerned about the appearance of the proposed sound wap from the east aids of the railroad tracks where he lives. He thought the appearance could be improved by the planting of trees or shrubs on both sides of the wall to reduce its visual impact. He also added that he did not feel the sound wall would create any noise problems for residents on the east side of the railroad tracks. The next speaker was Tom Murphy, 1142 Mvergate Drive. Mr. Murphy indicated he represents two of the homeowners associations looted in the Rivergate Mokelumne subdivision. lie stated that the residents are generally in favor of the project and would like to see the property developed as a residential project w opposed to a commercial or industrial development. The two areas of potential concern to the Rivergate residents are the location of the proposed street access into the project adjacent to three of the lots on Ri-vwgate Place. He was of the opinion that if the street could be moved further to the east or that a block wall could be constructed along the coaman property line, this would help reduce any potential noise problems. His second concern was the drainage on the property. He stated that currently the River Pointe property is approximately two fed higher than the lots in the Rivergate subdivision and some water runs off onto the adjoining properties, He roqucsted that some measure be taken to be sure that once the River Pointe property is developed that the drainage be kept on-site and be directed toward City storm drains. There being no one else wishing to speak on this matter, Via Chair Hitchcock closed the hearing to the public. Following some additional discussion the Planning Commission, on a motion by Commissioner McGladdery, second by Commissioner Marzolf, unanimously approved the following actions: 1. a General Plan Amendment to redesignate the parcels at 1 and 11 West Turner Road from HI, Heavy Industrial, to R -LD, Residential, Low Density; 2. to rezone the parccls at 1 and 11 West Turner Road from M-2, Heavy Industrial, to P -D, Planned Development; and 3. to recommend certification of the River Pointe Environmental Impact Report as adequate environmental documentation and to include the mitigation measures outlined by the draft, final and supplemental EIR's as part of the conditions for approval. ORDINANCE NO. 1599 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING TIM LAND USE SLEIKRNT OF THE LORI GEIQSRAL PLAX BY REDSSIGNATING THE PARCELS LOCATED AT 1 AND it WEST TURNSR ROAD (APN's 041-250-10 and 26) FROM HI, HEAVY INDUSTRIAL TO TO LDR, LOW DENSITY RESIDSNTIAL (RIVER POINTS PROJECT) ssassseasas:assas:sa:s: saws ssssssassasss:sssssasassa ssass:ss sssssassss BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. The Land Use Element of the Lodi General Plan is hereby amended by redes,ignating. the parcels located at 1 and 11 West Turner Road (AM's 041-250-10 and, 26) from HI, Heavy Industrial to LDR, Lor Density Residential, as shorn on the Vicinity Map, on file in the office of the Lodi City Clerk. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi Pers 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. Attest: JHNNIFSR M. PERAIN City Clerk Approved this day of October, 1994 JACK A. SIEGLOCK Mayor .I- W State of California County of San Joaquin, on. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1599 was introduced at a regular meeting of the City Council of the City of Lodi held October 5, 1995 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1994 by the following vote: Ayes: Council Members - Noes: Counci, Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1599 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 '071 W'.t-t- 6t( -- BOBBY W. MCNATT City Attorney -2- JENNIFER M. PERRIN City Clerk ORDINANCE NO. 1600 ass�aa�sasa�sa�asa AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING THE PARCELS LOCATED AT 1 AND 11 WEST TIJRM ROAD (APN's 041-250-10 AND 26) FROM M-2, HEAVY INDUSTRIAL TO P -D, PLANNED DEVELOPMENT DISTRICT (RIVER POINTE PROJECT) ::sass:ssssesasssssassssssssssssssssssssssssasassssssassssss:ss:sssssss BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: ,SECTION 1. The Official District Map of the City of Lodi adapted by Title 17 of the Lodi Municipal Code is hereby amended as follows: The parcels located at 1 and 11 west Turner Road (APR's 041-250-10 and 26) are hereby rezoned from M-2, Heavy Industrial to P -D, Planned Development District, as shorn shown on vicinity map on file in the office of the City Clerk. SECTION 2. The above-described rezoning shall be conditioned upon the signing by the developer and/or owner of said parcels prior to the effective date hereof, of an agreement with Lodi Unified School District for the provision of school facilities funding. Failure to execute such agreement shall delete the parcel(s) subject thereto from the effects of this ordinance. SECTION 3. 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 -1- TW Lodi Municipal Code and the laws of the State of California applicable thereto. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. 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. Approved this 5th day of October 1994 JACK A. SIEGLOCK Mayor Attest: JENNIFER M. PERRIN City Clerk State of California County of San Joaquin, Be. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1600 was introduced at a regular meeting of the City Council of the City of Lodi held October 5, 1994 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1994 by the following vote: Ayes: Council Members Noes: Council Members Absent: Council Members - Abstain: Council Members - -2- P5, rrero-^�., -"-- . --- _..a,.»....,�,,..r.. •.x'c.Y'6n:rar'r."�xaB7 ...�-. -� ,t, . .. ;�r}!;ih rN e i t �- I further certify that Ordinance no. 1600 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 Vim+ -- . _. ..7 BOBBY K. MCHAW City Attorney ORD1600/TXTA.01v -3- JRmIFRR M. PIRRIN City Clerk K.. ..��:xF*^► s.-,«----^-+....+zvwx: �sa�r.,.s.v....--......,._N.<...wsse.r.n.r•.+b.n..nvsrw: cvr;�sHriY15; CITY OFLODI Carnegie Forum 305 Nest Pine Street, Lodi NOTI("F PUBLIC HEARING Date: October 5, 1994 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, October 5, 1!1'94 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) The Planning Commission's recommendation to approve the following requests of Terry Piazza, Baumbach & Piazza, Inc. on behalf of River Pointe Partners: 1) for a General Plan amendment to redesignate the parcels at 1 and 11 West Turner Road (APN 041-250-10 and 26) from HI, Heavy Industrial, to LDR, Low Density Residential; 2) to rezone the parcels at 1 and 11 West Turner Road (APN's 041- 250-10 and 26) from M-2, Heavy Industrial, to P -D, Planned Development District; and 3) to certify the River Pointe Environmental Impact Report as adequate environmental documentation 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 ccmments 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: { J der M. in , C. Clerk Dated: August 17,1994 Ap roved as to term. Bobby W. McNatt City Attorney J�CMURWORMSWQTICE DOC WSM4 DECLARATION OF MULING On August 18, 1994 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 August 18, 1994, at Lodi, California. Jennifer M. Perrin City Clerk Ja jtquine L. T loDe ty Cler 1 DBC401/TXTA.FRV ;� .. .. ...•.,..-_...,.. _ ..., .._ _.-_._ -_. __.. _ . __ ..._ _�_-......-_.-,,...�-��.r..�e- �,�.�trawr; ted+1�4-MF`LS1Cbi'�1�[.�ei�/�{ .-�`s �. ,'a.- PU©LIC HEARING LIST /= h'G MAN "I Mir on: Ar•/ OWMF II'S NAM[ MAXIMO ADIMIUSS C11Y. 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