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HomeMy WebLinkAboutAgenda Report - May 15, 1991 PH (10)4+ GF Q CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Appeals received from Bruce Schweigerdt and Ron Hilder regarding the Planning Commission's conditional approval of the request of Wenell, Mattheis, Bowe, Inc. on behalf of the Twin Arbors Athletic Club for a Use Permit to expand and remodel an existing sports club at 2040 Cochran Road in an area zoned R-1, Single -Family Residential MEETING DATE: May 15, 1991 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council consider the appeals of Bruce Schweigerdt and Ron Hilder regarding the Planning Commission's conditional approval of the request of Wenell, Mattheis, Bowe, Inc. on behalf of the Twin Arbors Athletic Club for a Use Permit to expand and remodel an existing sports club at 2040 Cochran Road in an area zoned R-1, Single -Family Residential and take appropriate action. BACKGROUND INFORMATION: At its meeting of Monday, April 8, 1991 the Planning Commission conditionally approved the above described Use Permit. This action was taken after (1) three public hearings covering approximately ten hours of ,,discussion;: (2) three meetings between the developers and the neighbors; (3) the preparation of a traffic study and a later addendum to it; and (4) major modifications to both the site plan and the proposed size and locations of the new facilities. The Planning Commission originally considered this matter on January 28, 1991 and continued the matter (1) so that the developers and the neighbors could reach a compromise; and (2) so that a traffic study could be prepared. The major concerns expressed at the first hearing were noise to the surrounding neighborhood, additional traffic, the expansion of a non-residential use in a single-family area and concern about children walking to Vinewood School and the park, especially along Peach Street which has no curbs, gutters or sidewalks. The Planning Commission's second hearing on March 11, 1991 was continued because the traffic study had been conducted on a date when school was not in session because of an "In Service Day." The Planning Commission again asked that the two sides meet to work out mutually agreeable solutions. APPROVED. THOMAS A. PETERSON City Manager CCCD91.6/TXTD.01C CC -1 Twin Arbors Athletic Club Use Permit Appeal May 15, 1991 Page two The attached information is in reverse order with the most recent material in the front. The data includes: 1. The letter of approval which outlines the conditions with the approved site plan and approved square footage to be added. 2. Correspondence from Tim Mattheis, Wenell, Mattheis, Bowe, Inc. outlining the results of two neighborhood meetings conducted on March 26, and April 2, 1991. 3. The addendum to the traffic study dated April 2, 1991. 4. Correspondence from Tim Mattheis, Wenell, Mattheis, Bowe, Inc. discussing the neighborhood meeting of February 21, 1991 with the first revised site plan and comments. 5. Memorandum from the City Attorney dated March 7,1991 discussing the Twin Arbors application. 6. The original Traffic and Parking Study for Twin Arbors Athletic Club dated March 1991. 7. A letter from the Community Development Director dated January 22, 1991 outlining the staff's original conditions for approval with the first site plan attached. 8. Background data which outlines the history of Sunwest Tennis and Swim Club (i;e. Twin Arbors Athletic Club). FUNDING: None required. Gapes B. Schroeder C -community Development Director JBS/cg Attachments CCCD91.6/TY.TD.O1C 1. The letter of approval which outlines the conditions with the approved site plan and approved square footage tc be added. r `• r CITY COUNCIL THOMAS A. PETERSON • DAVID M. HINCHMAN, Mayor CITY OF L, O D I City Manager ALICE M REIMCHE'. AMES W. PINKERTON. Jr. City Clerk Mayor Pro Tempore PHILLIP A_ PENNING CITY HALL. 221 WEST PINE STREET BOB MCNATT P.O. BOX 3006 City Attorney ; JACK A. SIECLOCK LODI• CALIFORNIA 95241.1910 JOHN R. (Randy) SNIOER (209)334-3634 FAX (M) 733.6795 April 9, 1991 Mr. Tim Mattheis Wenell Mattheis Bowe Inc. 222 West Lockeford Street, Suite 9 Lodi, CA 95240 Dear Tim: RE: Use Permit - U-90-30 Facilities Expansion and Remodel Twin Arbors Athletic Club 2040 Cochran Road At its meeting'of Monday, April 8, 1991 the Lodi City Planning Commission conditionally approved your request on behalf of Twin Arbors Athletic Club for a Use Permit to expand an existing facility (i.e. Sunwest Tennis and Swim Club) at 2040 Cochran Road in an area zoned R-1, Single -Family Residential. P,lanning..Coamission's.approval,is subject to the following conditions: 1, that the property be connected to the City sanitary sewer system prior to the issuance of_building permits and the existing septic tank system be abandoned in conformance with requirements of San Joaquin County Environmental Health Department with copies of the permit issued by that agency submitted to the City of Lodi as proof of compliance; 2. that the use of the existing on-site temporary detention basin for the collection of storm water runoff be discontinued and an on-site drainage system provided to collect all on-site drainage for discharge to the public storm drain system; 3. that the building location and size, room sizes, setbacks and outdoor amenities conform to the site plan submitted at the meeting and labeled, "Final Revised Design Proposal"; 4. that no aerobic exercise classes be conducted before 8:30 a.m. or between the hours of 2:00 p.m. and 4:00 p.m.; 5. that the line of sight from the proposed second story deck to backyards of nearby residents be mitigated with trees and landscaping to the approval of the City; 6. that the tennis court lights be out by 11:00 p.m. during the months of May, Jure, July and Augusc and 10:00 p.m. the remainder of the year; Tim Mattheis April 9, 1991 Page 2 7. that the basketball and volleyball lighting be out by 9:30 p.m. year around; 8. that a 7 -foot masonry wall and screen trees to the approval of the City be installed at the west end of the parking lot as shown on the "Final Revised Design Proposal"; 9. that if 20 or more of the adjacent property owners so request, a parking review shall be conducted by the Planning Commission; 10. that the hours of the club operation shall be: a. 7:00 a.m. - 11:00 p.m. May through August b. 8:00 a.m. - 11:00 p.m. the remainder of the year 11. that the temporary storm drainage basin be abandoned and filled to the City's approval; and 12. that the developer/owner pay the fees shown below and any other fees in effect at time of issuance of Building Permit: Storm Drainage Fees $31,320.00 Sewer, Service (4 -inch) 680._00 Sewer Connection 28,652:50 As you are aware, Section 17.81.030 (E) of the Lodi Municipal Code requires that any use requiring a Use Permit must be submitted with the final site plan and building elevations to the City's Site Plan and Architectural Review Committee for approval. You should contact David S. Morimoto, Senior Planner, so that you can accomplish this requirement. Section 17.72.110 of the Lodi Municipal Code provides for a five day period in which concerned persons can appeal Planning Commission actions to the City Council. If no appeal is filed by 5:00 p.m., Monday, April 15, 1991, Use Permit U-90-30, as described above, will be in force and effect. Sincerely, i B. SCHROEDER unity Development Director cc: Dennis Kaufman, General Manager Lodi athletic Club !ara, - - COCNNAN weAp_ --_ Itl fAm SINGLE Cave wr ACCESS rd -0' sETBAoc L P c �v1 Jv- * !�1 . S Z '' 1' O• ' Y; POOL EOWA 3M FIRE OMPTUENT 1 ... n` ' $ Eastrl0 POOL .ccEss • f� CONCRETE LUSOpwY KPwT • . I • r YIP11.L. 7'EK:It • .• . tX-'_::a-.,,,,..�'.''v�,`�^t.¢!:p�z*t.>::,ip?::e.;.. •-•: ........ ,..,plwlEW6i�wCEi ..�, -..x�.4a. - f.. _ E70.SE^6 =WEAosm MS IES L TtNC6CAPP4 . . . LOCKI .�. . tAf• t IOOSf71 NY 2400 SE. SCREEN O • 2600 SF. �Zyp SF NE£OEp A00filOtMl — -- I El 3twCFS .ti _ _ TE S • . ..- tArwA --- Q PIlitlwB BUDOK V&%LL AKANOON ANO ALL �'• _ _ 1 Aewe�oo I `t ph- ENTICY POND. ' - -� I ! • TM LAP CGCAPWG �• - I SC"MV I FUIUM TEw+S000RTS �• S.SSETBACK $1.5'PARKING • 't- ASTNmtw+1 - ACTIVIT L WN I I `� '�S I 1 LOOM I 4 ( ter mASTER SITE PLAN FWAL REVISED DESIGN PROPO-IAL n 0 TWIN ARBORS ATHLETIC CLUB COCHRAN ROAD FACILITY APPROXIMATE FACILITY AREA SUMMARY ORIGINAL EXISTING ADDITIONAL SO FT LOUNGE 1,154 AEROBICS SFT WEIGHT ROOM 1,726 LOCKER ROOMS 864 BABYSITTING 874 LOBBY/DESK 2,400 1 Ani-, OFFiGFILAUNDRY/ ., , 350... '.` STORAGE 480 HALLWAYS/ 400 EQUIPMENT/MISC. TOTAL 4,494 TOTAL SQUARE FOOTAGE EXISTING AND NEW ORIGINAL MODIFIED ADDITIONAL ADDITIONAL PROPOSED PROPOSED SO F• SFT 600 600 1,400 1,250 1,600 874 2,880 2,400 580 580 812 480 730 43.7 L600 1.552 10,202 8,173 14.696 11667 r 2. Correspondence from Tim Matthias, Wenell, Mattheis, Bc,-ae, Inc. outlining the results of two neighborhood meetings on March 26 and April 2, 1991. �1 April 4, 1991 ce'::.�'xliv 0E',,Et-0?MENT Jim Schroeder, COMMUNITY DEVELOPMENT DIRECTOR CITY OF LODI Call Box 3006 Lodi, CA 95241-1910 SUBJECT: 'TWIN ARBORS ATHLETIC CLUB COCHRAN ROAD FACILITY ADDITION AND REMODEL Dear Jun: At the request of the City Planning Commission at their meeting of March 11, 1991, we have again met with interested neighbors on the concerns regarding our Use Permit Application Number U9030. Two meetings were held with interested neighbors. At the first meeting on March 26, 1991 held at 6:30 pm at Hutchins Street Square, a forum was conducted resulting in a consensus as to what the neighboring residents were concerned with'and-.-what they would like to see changed. We studied these concerns and substantially redesigned our project to meet as many of them as possible. At the second meeting, held April 2, 1991, we presented our revised proposal to the residents. It is our understanding from a majority of those present that we had sufficiently addressed their concerns with the revised design. A list of attendees for each meeting is enclosed. The additional traffic study that was also requested by the Commission has been completed. The overall findings confirm the findings and conclusions of the first traffic report. A copy of the report summary is enclosed. Following is an item by item outline of the issues we agreed upon with the neighbors attending the meetings. The revised site plan as well as the original modified site plan is enclosed for your review. At the end of the list, we summarized those issues that we believe may be included as conditions of approval for the use permit. I would like to emphasize tho' near unanimity was expressed at the end of our meeting of April 2 in favor of approval of our request for the use permit with `.\ FATLL r.\'T£RIOR 1 tarry Wim,U rr., aranbeu 7ko m" Bose. ansf"v .w1 «' tonirro,rl.V. Bel :�.�i..i::..• Jim Schroeder COMMUNITY DEVELOPMENT DIRECTOR April 4, 1991 Page 2 the revised plan. It should also be noted that a few neighbors will continue to express dissatisfaction with the proposal. They feel the proposal is still too large for the neighborhood and under -represents the parking and use demand that we are projecting. On these points we have agreed to disagree. TWIN ARBORS ATHLETIC CLUB COCHRAN ROAD PROJECT NEIGHBORHOOD REVIEW 42/91 ■ Size of Overall Building Resident Request: Reduce overall size from approximately 15,000 to around 10,000 square feet Revised Plan: Reduced overall size to approximately 12,600 s£ See attached -Square Footage Summary i ■ ., Orientation of Facility on Site Resident Request: Don't encroach into parking lot. Move aerobics to south side of project. Revised Plan: Pulled project back and relocated aerobics room as requested. Size of Weight Room and Aerobics Room Resident Request: In an effort to reduce traffic and increase safety, particularly at peak children pedestrian times (between 7:30 and 8:00 am and 200 and 3:30 pm), requested that weight room be reduced in size from 3,200 to 2.000 sf and aerobics room be reduced from 1.400 to 700-900 sf. Also concerned that all aerobics of both clubs would be moved to this site. Revised Plan: Reduced weight room to 2,600 sf and aerobics room io 1.250 sf. Furthermore, no aerobics classes will be scheduled before 3:30 am or between the hours of 2:00 and 4:00 pm. Aerobics will continue to be offered at Hutchins Street facility. Jim Schroeder �. COMMUNITY DEVELOPMENT DIRECTOR April 4, 1991 Page 3 Second Story Lounee Resident Request: Eliminate sight into neighborhood yards fr^m second story deck. Revised Plan: A landscaping screen will be used as required to mitigate this problem with immediate neighbors. Massage and Fitness Program: Resident Request: Concerned about traffic generated from non- member use of these types of activities, particularly if marketed to non-members by the club. The image and legality of massage (as well as members gambling at card games) was also a concern. Revised Plan: Only members and guests will participate in club activities. The club will not advertise for non- _.,, member use of these types of programs; although they may be included in overall membership marketing activities. Club management will review policy and current practices regarding massage and card playing. Morning Hours of Operation: Resident Request: E)dsting use permit allows for 7:00 am summer and 8:00 am winter opening hours. Neighbors would hke to maintain these hours and add a condition thea scheduled classes not start until 8:30 am. Revise Plan: As requested above. Evenirn2 Hours of Overation: Resident Request: Overriding concern seems to have been that the club has not controlled the e-dsting hours of operation. Reported that lights are left on at all hours and groups use club well after closing. Most neighbors said they expected several times a year that special events would be held, but not the Jim Schroeder COMMUNITY DEVELOPMENT DIRECTOR April 4, 1991 Page 4 West Edee of Parkine Ldf: Resident Request: Leave 10 foot setback, provide masonry sound wall and plant screen trees along length of parking Iot_ Revised Plan: Provides 10 foot setback up to beginning of future parking lot area wberc it reduces to 8.5 feet in otder to accommodate double row parking if necessary at a future date. Masonry wall and screen trees included. . Parking Lot Entrance/Peach Street Traffic Flow: Resident Request: Several different opinions on best solution to slow traffic and provide safe crossing for children. Most wanted to align club parking lot entrance with Peach Street and make a four way stop. Most did not want to improve Peach Street. Revised Plan: Movr- club lot entrance to east. Recommend that continual late usage. Others did comment that it was worse in past years than currently. Revised Plan: Lights to be controlled by management from the front desk inside the clubhouse. Increased management staff will be on duty. Tennis court lights to be off at 11:00 pm May through August, 10:00 pm the rest of the year. Basketball/volleyball lights off by 9.30 pm. After Hours Loiterine in/around Parking Lot.- ot:Resident ResidentRequest: Want to reduce drinking by teenage and other groups of young people at night around club. Some suggestions included hiring security guards and/or closing parking lot with chain during off hours. Revised Plan: Will investigate chaining parking lot and will monitor complaints after new facility completed. West Edee of Parkine Ldf: Resident Request: Leave 10 foot setback, provide masonry sound wall and plant screen trees along length of parking Iot_ Revised Plan: Provides 10 foot setback up to beginning of future parking lot area wberc it reduces to 8.5 feet in otder to accommodate double row parking if necessary at a future date. Masonry wall and screen trees included. . Parking Lot Entrance/Peach Street Traffic Flow: Resident Request: Several different opinions on best solution to slow traffic and provide safe crossing for children. Most wanted to align club parking lot entrance with Peach Street and make a four way stop. Most did not want to improve Peach Street. Revised Plan: Movr- club lot entrance to east. Recommend that Jim Schroeder .--� COMMUNITY DEVELOPMENT DIRECTOR April 4, 1991 Page 5 City provide three-way stop at Cochran and Peach. ■ Basketball Court: Resident Request: Reduce impact of basketball court noise by relocating, mitigate the echo effect from proximity to building and don't light after 9:00 or. 10:00 pm. Revised Plan: Reduced court to half court, add a sand volleyball area and don't light area after 9:30 pm. • Maintenance of E-dsting Retention Pond at West Edge of Property: Resident Request: Concern was expressed that weeds, grasses and vines have overgrown the retention areas. Suggestions ranged from maintaining a landscaped lawn area to quarterly discing. Revised Plan: Agreement to fill pond to City requirements and maintain free of debris. a Conditions Under Which Additional Parking will be Considered/Required- Resident Request: If and when 20 or more adjacent property owners request it, the planning department would review and determine. Revised Plan: Agree to above. ACCEPTABLE USE PEFLIMIT CONDITIONS 1. Building location/size, room sizes, setbacks and outdoor amenities to be substantially as shown on the attached site plan. 2- No aerobic exercise classes are to be conducted before 8:30 am or between the hours of 2:00 and 4:00 pm. 3. Line of site from second story deck to backyards of nearby residents to be mitigated with trees and landscaping. A Jim Schroeder ^. COMMUNITY DEVELOPMENT DIRECTOR April 4, 1991 Page 6 4. Tennis court lights to be out by 11:00 pm during the months of May, June, July and August, and 10:00 pm the remainder of the year. Basketball and volleyball lighting will be out by 930 pm year around. 5. Masonry wall and screen trees to be provided at west edge of property as shown on site plan. 6. Parking review to be conducted upon request of 20 or more adjacent property owners. 7. Hours of operation: '-00 am - 11:00 pm Mai through August 8:00 am - 11:00 pm the remainder of the year. Sincerely, WENELL MATTHEIS BOWE Vr"v >- Tua Mattheis Vice -President TM:mh f:2/9077.11 MEETING ATTENDEES Meeting of March 26, 1991 NAME Sharon & Richard Marini Joan Aston Karen Keagy Ann Carlin Mike Steward Bruce Schweigert Randy Koepplin Doug Wied Dave Holmes Ron & Joann Butler Bruce Thomsen Diane Bruno Ron & Kari Hilder Bruce Thomsen Scott Dasko Doug Wied Charles Barnhardt Wendy Shropshire Barbara Berris Lynn Holmes Jim Schroeder Joan Aston Ron & Joann Butler Mike and Patty Steward Sharon & Richard Marini Ron and Kari Hilder ADDRESS 840 Tilden Drive 2003 Cochran Raod 731 Peach Street 2041 Cochran Road 803 Tilden Drive 747 S. Mills 808 Evert Court 824 Tilden 1080 Port Chelsea Cricle 832 Tilden 2017 Cochran 2005 Cochran Road 808 Tilden Drive MEETING ATTENDEES Meetings of April 2, 1991 2017 Cochran 712 Peach 824 Tilden Drive 1900 S. Hutchins 1900 S. Hutchins 2138 W. Vine 1080 Port Cheslea Drive City of Lodi 2003 Cochran Road 832 Tilden Drive 803 Tilden Drive 840 Tilden Drive 808 Tilden Drive 3. Addendum to the traffic study dated April 2, 1991. Fehr & Peers Associates, Inc. Transportation Conwttants 775 sunrise Avenue Suite 240 Roseville, CA 95661 916 773-1900 April 2, 1991 Mr. Dave Anderson President Spare Time, Inc. 7919 Folsom Boulevard Sacramento, CA 95825 r Re: Twin Arbors Athletic Club Traffic Study At the March 11 Planning Commission meeting in Lodi, the Commission raised two traffic issues which required further study. The first issue concerned the fact that we mistakenly conducted traffic counts on a non -school day (Wednesday, March 6). These counts showed a lower pedestrian and bicycle count than experienced on a typical school day. The second issue was that we did not analyze weekend traffic. The Commission felt that we should investigate traffic conditions on a Saturday. Purgose In response to the Commission's request, Fehr & Peers Associates conducted traffic counts on a weekday (Friday, Marclr22) and a Saturday (March 30). In addition, Lodi Department of Public Works laid machine counters for a one-week period on four street segments near the project. Findings Here are the pertinent findings of the study. Average Daily Traffic Volumes - The following shows the seven-day average daily traffic volumes on the pertinent street segments and compares them to the original estimate by Fehr & Peers Associates. Street nt Tilden Drive Cochran Road (west of Peach) Peach Street From City's Machine Counts 400 560 550 Fehr & Peers Estimate Shown In March Traffic Re= (Figure 51 Di 340 -60 620 +60 590 +40 f�Fehr & Peers Associates, Inc Tramponawn CoraAants Mr. Dave Anderson Sparc Time, Inc. April 2,1991 Page 2 The differences between the machine count results and our original estimate is minimal- We slightly underestimated traffic on Tilden Drive and overestimated traffic on Cochran Road and Peach Street Again, the differences are inconsequential and do not alter the findings of the original report. Pedestrian and Bicycle Traffic Volumes - As expected, the pedestrian and bicycle activity in tht; study arra was much greater on the weekday when school was in session (Friday, March 22) compared to the weekday when school was not in session (Wednesday, March 6). The number of observed pedestrians and bicyclists was 119 on the school day, compared to 45 on the non -school day. Figure 2 in the accompanying packet shows that the morning pedestrian and bicycle activity occurred primarily within a 1i2 hour period, from 7:30 to 8:00 am. This presumably is the time when children walk or bike to school. The afternoon peak was also distinct, with over 31 pedestrian and bicyclists travelling through the study area within the 15 -minute period from 2:30 to 2:45 p.m. Again, this is the time period when most children walk or bike home from school. From 2:45 to 4:45 p.m. the activity stayed constant with 3 to 10 pedestrians and bicyclists per 15 minute period, and then reduced to 2 to 4 pedestrians and bicyclists per 15 - minute period from 4:45 to 7 p.m. Saturday JEjffic - Table 6 in the attached packet shows that Saturday traffic volumes on all street segments are slightly lower than an average day. Also, the Saturday pedestrian and bicycle activity is lower than a school weekday (92 versus 119). The amount of traffic which entered and exited the driveways of the Cochran Road club was about the same on all three days we counted, about 130 vehicles entered and exited the Club driveway on Wednesday March 6, Friday March 22, and Saturday March 30. The weather was clear on all three days. Please note that the Easter egg hunt held at the Club on the Saturday probably inflated the number of vehicles that would have entered/exited the Club on that day. The difference between daily traffic volumes shown in our original report and those from the City's machine counter arc minimal and inconsequcntial. The daily traffic volumes on a street segment in the study fall well within the standards for residential streets. The number of observed pedestrians and bicyclists was much higher on the school weekday than the non -school weekday (119 versus 45). The morning and afternoon peaks were distinct, with the majority of children walling or biking to school between 7:30 and 8:00 a.m., and the majority walking or biking home from school between 2:30 and 2:45 p.m. Finally, the number of vehicles which entered and exited the club was the same on all three days counted, about 130 on Wednesday March 6, Friday March 22, and Saturday March 30. f�Fehr & Peers Associates, Inc Transpa-Lawn Cons"rants W. Dave Anderson Spare Time, Inc. April 2,1991 Page 3 I have attached some figures and tables for your review. Please call if you have questions_ Sincerely, FEHR & PEERS ASSOCIATES, INC Alan D. Telford, P.E. Associate -in -Charge AI7T:pd i cc: Tile Mattheis 912-101 Table 1 —� Pedestrian/Bicycle Observation Friday, March 22, 1991 Are They All Number In Children Where Did They Come From And Z ,roue_ (Yes or No) Where Are They .cine TQ 7:06 a.m. 2 Yes East on Cochran - Peach - East on Tokay 7:08 1 No East on Cochran - Peach - East on Tokay 7:16 1(Bike) Yes Tilden - Peach - East on Tokay 735 1 Yes Peach - South Peach 7:36 1 Yes Peach - North to East on Tokay 7:37 1(Bike) Yes East on Cochran - Peach - East on Tokay 738 2 Yes Peach - North to East on Tokay 7:40 2 No Tilden - Peach - East on Tokay 7 :43 1(Bike) Yes East on Cochran - Peach - East on Tokay 7:43 1 Yes West on Cochran - Peach - East on Tokay 7:48 1 No Tokay - Peach - Tilden 7:48 2 (Bike) Yes West on Cochran - Peach - East on Tokay 7:50 2 (Bike) Yes Peach - West on Cochran 7:52 1(Bike) Yes East on Cochran - Peach - East on Tokay 7:54 1(Bike) Yes West on Cochran - Peach - East on Tokay 7:54 1(Bike) Yes East on Cochran - Peach - East on Tokay 7:56 1(Bike) Yes West on Cochran - Peach - East on Tokay 8:05 1(Bike) Yes West on Cochran - Tilden 833 1 No East on Cochran - Peach - East on Tokay 9:01 1 No Tilden - Peach - East on Tokay 9:15 1 No Tilden - Peach - East on Tokay 9:19 1 (Bike) Yes West on Cochran : Peach - East on Tokay 10:52 2 No East on Cochran - Peach - East on Tokay 12:12 p.m. 2 (1 Bike) Yes Peach - Tilden 12:21 1 No Athletic Club - West on Cochran 12:30 1 (Bike) No Peach - West on Cochran 12:41 1 No East on Cochrm - Athletic Club 1:20 1(Bike) Yes Peach -East on Cochran 1.33 1(Bike) Yes Peach - Tilden 2:24 1(Bike) Yes East on Cochran - Peach - East on Tokay 2:24 2 Yes Tilden - Peach - East on Tokay 226 1 No Peach - West on Cochran 2:33 1 Yes Peach - West on Cochran 2:34 1 (Bike) Yes Peach - West on Cochran 2:35 1 Yes Perch - TlWcn 236 4 Yes Peach -1 stopped 2nd house from Tokay - 3 Tilden 2:37 1 (Bike) Yes Peach - Tilden 2:38 2 (1 Bike) 'fes Peach - East on Cochran 2:38 2 (1 Bike) Yes Peach - East on Cochran 2:39 1 Yes Peach - 2nd house from Tokay 2:41 5 (3 Bikes) Yes Peach - 2 Tilden; 3 west on Cochran 2:43 2 (Bike) Yes Peach - East on Cochran 2:45 2 No Peach - East on Tokay -- 2:58 1 (Bike) Yes Peach - East on Cochran Table 1 (Continued) Pedestrian/Bicycle Observation Friday, March 22, 1991 Are They All Number In Children T� Group (Yes or No) 3:02 1 Yes 3:08 1(Bike) Yes 3:13 1 Yes 3:15 3 (Bikes) Yes 3:20 1(Bike) Yes 3:22 1 Yes 3:23 2 No 3:28 1 (Bike) Yes 3:33 3 (Bikes) Yes 3:34 1 Yes 3:39 1 Yes 3:46 3 No 3:48 1 No 3:53 3 Yes 4:03 2 Yes 4:10 1 Yes 4:13 1 No 4:16 3 (1 Bike) Yes 428 1 Yes 4:29 1(Bike) Yes 4:31 3 (1 Bike) Yes 4:31 1(Bike) Yes 4:33 1(Bike) Yes 4:38 1(Bike) No 4:48 1 No 4:52 1 Yes 5.12 2 (1 Bike) No 5:16 1 (Bike) Yes 5:22 1 No 5:23 1 Yes 5:32 1 (Bike) Yes 5:34 1 No 5:55 1(Bike) Yes 6:11 3 (Bikes) No 624 1(Bike) Yes 6:33 1 No 6:58 1(Bike) Yes Where Did :hey Come From And Where Are They Going To Peach - Tilden Peach - Tilden Peach - West on Cochran East on Cochran - Peach - East on Tokay Tilden - Athletic Club Peach - West on Cochran Tokay - Peach 2nd house Athletic Club - Tilden Peach - West on Cochran Tilden - East on Cochran West on Cochran - Peach - West on Tokay Peach - Tilden • East on Cochran - To end of Cochran - West on Cochran - Tilden Tilden - East end of Cochran Peach - Cochran - Peach (selling Girl Scout Coolies) Eact on Cochran - Athletic Club Peach - Tilden East end Cochran - Tilden Athletic Club - West on Cochran Tilden - East Cochran Peach - East Cochran Tilden - Athletic Club Athletic Club - Tilden Peach - West on Cochran Tilden - Athletic Club Peach - West on Cochran Peach- Tilden Eau on Cochran - Peach - East on Tokay Athletic Club - Tilden Tilden - East end Cochran East end Cochran - Tilden Tokay - Peach - West on Cochran Pesch - West on Cochran East Cochran - Peach - Tokay Peach - West on Cochran Peach- Tilden Peach - West on Cochran Table 2 Pedestrian/Bicycle Observation Saturday, March 30, 1991 Are They All Number In Children Where Did They Come From And T Sjmup, fYes or No) Where Are Thav GoinE_ To 8:17 am- 2 No Peach -Tilden 8S9 1 (Bike) No Tilden - Peach - Tokay 9:15 1 (Bike) No Tilden - Peach - Tokay 9:25 1 No Tilden - Peach - Tokay 9:31 2 No Tokay - Peach - West on Cochran 9:34 : (Bike) No Tokay - Peach - Athletic Club 9:57 1 No Tilden - Athletic Club 10:08 1 Yes East on Cochran - Peach - East on Tokay 10:14 1 No Tokay - Peach - West on Cochran 10:14 2 Yes East Cochran - Peach-TTokay 10:14 1(Bike) Yes Tilden - Peach - Tokay 10:25 1(Bike) Yes West on Cochran - Peach - Tokay 10:38 1 Yes Tokay - Peach - West on Cochran 10:39 1(Bike) Yes Tokay - Peach - East on Cochran 11:07 2 (Bike) Yes Tilden - Athletic Club 11:14 2 (Bike) Yes Tilden - Peach - Tokay 11:31 1 No Athletic Club - Tilden 11:44 1(Bike) Yes Tokay - Peach - Tilden 11:48 1 No' Cochran 11:50 1(Bike) Yes Tokay - Peach - Tilden 12:15 p.m. 4 (2 baby stroller, No Tokay - Peach - Tilden 2 Mothers) 12:19 1(Bike) • ' Yes Tilden - Peach - Tokay 12:27 1(Bike) Yes Tokay - Peach - West on Cochran 12:43 1 No East to end of Cochran - West on Cochran 1:10 1 Yes Tilden - Athletic Club 1:11 1 Yes Tilden - Athletic Club 1:12 1 No Tokay - Peach - West on Cochran 1:34 2 (Bikes) Yes East on Cochran - Peach - Tokay 1:52 2 (Bikes) Yes Tokay - Peach - West on Cochran 2:10 1 (Bike) No Athletic Club - Peach 2:10 2 (Bikes) Yes Tokay - Peach -'Tilden 2:12 2 Yes Tokay - Peach - Athletic Club 2:13 1(Bike) Yes Peach - West on Cochran 2:30 2 (Bikes) Yes East on Cochran - Peach - Fast on Tokay 2:34 1 No Athletic Club - Tilden 2:38 1 No Athletic Club - West on Cochran 2:46 1 No East on Cochran - Athletic Club 2:58 'l Yes Athletic Club - West on Cochran 3:18 2 Yes Athletic Club - Peach - East on Tokay 3:19 1(Bike) Yes Tokay - Peach - West on Cochran 3:34 1(Bike) No East on Cochran - Peach - East on Tokay 3:47 1 No Tilden - Athletic Club 3:49 2 No Tilden - Athletic Club 3:49 2 (Bikes) Yes Tokay - Peach - West on Cochran 3:58 2 No Tokay - Peach - Tilden 4:01 1 (Bike) Yes Tilden - Peach - East on Tokay Table 2 Continued Pedestrian/Bicycle Observation Saturday, March 30, 1991 Are They All Number In Children 33M GrouR (Yes or No) 4:04 2 (Bikes) Yes 4:15 2 (Bikes) Yes 4:21 1 Yes 4:32 1(Bike) Yes 4:32 2 (Bikes) Yes 4:37 1 No 4:37 2 No 4:50 1 Yes 5:04 2 (Bikes) Yes 5:06 2 (Bikes) Yes 5:12 2 (Bikes) Yes 5:19 2 (Bikes) No 524 1(Bike) Yes 533 1(Bike) Yes 5:34 2 (Bikes) Yes 5:48 1(Bike) No 5:51 1 Yes 5:52 1(Bike) Yes ./i ec : i Yee .• i � East on Cochran - Peach - East on Tokay Tokay - Peach - Tilden Tokay - Peach - Tilden Tokay - Peach - Tilden Tilden - Peach - East on Tokay Athletic Club - Peach - Tokay Athletic Club - Tilden Peach - West on Cochran East on Cochran - Peach - Tokay Tokay - Peach - Athletic Club Athletic Club -1 West on Cochran; 1- Tilden Tokay - Peach - West on Cochran Tilden - Peach - Tokay Tokay - Peach - Tilden Tokay - Peach - West on Cochran Peach - Tilden Tokay - Peach - West on Cochran East on Tokay - Peach - Tokay I Table 3 Hourly Variation In Traffic From Twin Arbors Athletic Club Cochran Road Facility Friday Vehicles March 22-1991 Saturday. March Vehicles 30. 1991 (In and Out) Pet _rent of Day (In and Out) Percent of DU 7-8 a.m- 4 1.5% 0 0% 8-9 6 2.2 9 3.5 9-10 10 3.7 20 7.8 10-11 16 6.0 32 12.5 11-12 17 6.4 39 15.3 12-1 p.m- 12 4.5 30 11.7 1-2 20 7.5 25 9.8 2-3 25 9.4 33 12.9 3.4 29 10.9 21 8.2 4-5 41 15.3 20 7.8 - 5-6 33 12.4 18 7.0 6-7 28 10.5 8 3.1 7-8 14 5.2 1 0.4 8-9 —12 �1 —Q 0.0 Total - 267 100.0 256 100.0 Table 4 Hourly Variation in Pedestrian and Bicycle .Traffic on Peach Street TIM Psdestrians Friday. March Bicycles 22. 1991 Tod 0 Day Pedestrians Saturday. March Bicycles 30. 1991 Total % of Day 7-8 a.m. 11 11 22 23.2% 0 0 0 0 8-9 1 0 1 1.0 2 1 3 4.29'0 9-10 2 1 3 3.2 2 2 4 5.6 10-11 2 0 2 2.1 5 3 8 11.1 11-12 0 0 0 0 2 4 6 8.3 12-1 p.m. 1 1 2 2.1 2 2 4 5.6 1-2 0 2 2 2.1 3 4 7 9.7 2-3 17 11 28 29.5 2 6 8 11.1 34 9 7 16 16.8 4 4 8 11.1 4-5 6 2 8 8.4 3 8 11 15.3 k.. ; 5-6 2 3 5 5.3 1 12 13 18.0 6-7 1 5 6 6.3 0 0 0 0 ' 7-8 0 0 0 0 0 0 0 0 ,•`'. 8-9 --Q .� si ..4 .S2 Total 52 43 95 100.0% 26 46 72 100.0% f Source: Lodi Department of Public Works Ha: Machine counter malfunctioned on Friday afternoon, so Friday's count was not accurate. Table 5 Hourly Variation in Peach Street Traffic By Weekday 3/1801 3/19/91 3/20/91 3/21/91 Time Monday juesday Wednesday Thursday T W 9'0 of Day 12 MN -1 a.m. 1 4 1 2 8 0.3 1-2 0 0 0 0 0 0.0 2-3 0 1 1 0 2 0.1 3-4 1 2 1 1 .5 0.2 4-5 2 4 2 3 11 0.5 5-6 5 5 2 3 15 0.7 j 6-7 7 12 14 13 46 2.0 7-8 46 36 43 39 164 7.1 `. 8-9 42 30 31 40 143 6.2 9-10 34 17 19 23 93 4.0 10-11 31 17 15 17 80 3.5 11-12 N 22 20 32 30 104 4.5 12 N-1 p.m. 22 47 - 33 44 146 6.4 1-2 40 48 15 36 139 6.0 2-3 49 45 44 50 188 8.2 3-4 40 56 34 43 173 7.5 : 4-5 79 43 47 68 237 10.3 i 5-6 65 57 56 60 238 10.4 6-7 49 36 41 73 199 8.7 7-8 27 23 20 49 119 5.2 ' 8-9 17 27 27 40 111 4.8 9-10 6 6 16 9 37 1.6 10-11 8 5 6 8 27 1.2 11-12 _1 3 2 7 --A 0.6 Total 594 544 502 658 2,298 100.0 Source: Lodi Department of Public Works Ha: Machine counter malfunctioned on Friday afternoon, so Friday's count was not accurate. Table 6 Summary of Street Counts 24-11our Volumes Saturday Sunday Monday Tuesday 3/16191 3/17/91 3/18/9t 3/19/91 Tilden Drive 400 234 410 420 Cochran Road (west of Peach) 530 330 529 533 Cochran Road (east of Peach) 97 66 96 86 Peach Street 497 305 594 544 1 Counter malfunctioned. Estimate based on the three other street counts. Wednesday Thursday Friday 7 -Day 30/91 3/21/91 3/22/91 Average 405 464 493 404 546 632 801 557 113 111 151 103 502 658 7711 553 30 FIGURE I DAILY ARRIVAL AND DEPARTURE CHARACTERISTICS OF CLUB TRAFFIC 25 FRIDAY, MARCH 22,1991 23 21 20 20 20- Wool to N W J U _ 16 W > 15 LL / VEHICLES EPIIEANO 13 13 w ■ VEHICLES EXITRJt3 12 te• LU 2 Z 10 10 10 p a 7 . 7 a 0 a 7 7 6 5 4 ww 4 3 2 1 1 0 7-a A.M.. a-0 AM. 0-10 A.M. 10.11 A.M. 11.12 A.M. 12-i P.M. 1.2 P.M. 2.3 P.M. 3.4 P.M. 4.6 P.M. 6.6 P.M. 6.7 P.M. 7-111P.M, a-9 P.M. HOUR OF DAY Fehr & Peen Associates, Inc. Transportatbn Consultants FIGURE 2 PEDESTRIAN AND BICYCLE TRAFFIC ON PEACH STREET, COCHRAN, OR TILDEN 34 FRIDAY, MARCH 22,1991 32- 30- 28- 26- . 2302826 U) 70KAY 24 22- 20- W 2 20 Wmum- 18 a 16 p F 14 w m 12 2 10- 8. 0 a 6 4- 20 2- 0 7 :15 30 :45 8 :15:30 :45 9 :15:30:45 10:15,30 :45 11 :15:30 :45 12 :15:30 :45 1 :15,30:45 2 :15:30:45 3 15:3035 4 :15:30.45 5 :15:3D :45 6 :15:3D:45 7 TIME ® TOTAL PEDESTRIANS PLUS BICYCLISTS LLii CHILDREN (WALKING WITH NO ADULT PRESENT) Fehr & Peers Associates, Inc. Transportation Consultants 25 20 15 10 5 0 FIGURE 3 SATURDAY DAILY ARRIVAL AND DEPARTURE CHARACTERISTICS OF CLUB TRAFFIC SATURDAY, MARCH 30, 1991 7-8 8-9 9.10 10.11 11.12 12-1 1.2 2-3 3-4 4-5 5-6 6-7 7-8 879 A.M. P.M. TIME OF DAY ■ VEHICLES ENTERING ® VEHICLES EXITING Fehr & Peers Associates, Inc. Transportation Consultants f y i 14 i 's 12 ' N Z 1Q a m 3 w W. 8 a O s a w m z 4 I t 2 FIGURE 4 SATURDAY PEDESTRIAN AND BICYCLE TRAFFIC ON PEACH STREET, COCHRAN, OR TILDEN SATURDAY, MARCH 30,1991 r--, 0 8 :15 .'30 :45 0 :15 :30 :45 10 :15 :30 :45 11 :15 :30 :45 12 :15 :30 :45 1 :15 X30 :45 2 :15 :30 AS 3 :15 �0 :45 4 :15 �0 :45 5 :15 X10 :45 A.M. P.M. TIME TOTAL PEDESTRIANS PLUS BICYCLISTS CHILDREN (WALKING WITH NO ADULT PRESENT) �ehr 6 Peers Associates, Inc. ra".porta6on Consultants NOTE: DOES NOT INCLUDE PEDESTRIANS AND BICYCLISTS TO AND FROM ATHLETIC CLUB l 4. Correspondence from Tim Mattheis, Wenell, Mattheis, Bowe, Inc. discussing the neighborhood meeting of February 21, 1991 with the first revised site plan and comments. March 7. 1991 �-e RECEIVE50] alrM4�wf LIAR 0 COMUNITY EVEL PMEN DEVEtOP6IERT BEPARTMERT Mr. Jim Schroeder Community Development CITY OF LODI Call Box 3006 Lodi, California 95241 SUBJECT: TWIN ARBORS REMODEL AND ADDITION COCHRAN ROAD FACILI: Y Dear Jim As requested by the Lodi City Planning Commission at its meeting of Monday, January 28, 1991, we have held a joint meeting with representatives of Twin Arbors Athletic Club and neighbors of the club to receive concerns raised at the public hearing. The results of the meeting are outlined below. As also requested, we have contracted with a traffic engineer to conduct a parking and traffic study outlining the effects of the project on the neighborhood. Due to weather delays, the study is still in progress as of this date. We expect that findings and recommendations will be presented to the City for your review before the Planning Commission meeting on March 11th. Notices for the neighborhood meeting were sent February 14, 1991 to all residences on the City's public hearing notification list. The meeting was held February 21, 1991 at the North Hall of Hutchins Street Square. Sixteen neighborhood residents attended the meeting. An agenda is enclosed for your reference. Listed below are the on-site modifications to our proposal we have made as a result of discussions with the neighborhood. An itemized list of neighborhood concerns noted at the meeting and our response to each concern are discussed on the attached pages. PROPOSAL MODIFICATIONS: 1. A seven foot (T) high masonry wall will be built at the east property line at the parking area to provide a sound and vision barrier to the adjacent residences. 2. The pians for future tennis courts on the west edge of the property at the retention pond area will be deleted. In lieu of the north tennis court, the area will be reserved for future overflow parking lot area should the 82 planned spaces not provide sufficient parking. At the time of a parking l...y trrwrtt rim Ala Arts A Mr. Jim Schroeder CTTY OF LODI March 7. 1991 Page 2 of 2 lot extension, the masonry wall at the west property line will be extended the length of the new parking area. Parking lot lighting will be designed to remain within club property lines. It will be turned on only when overflow parking is needed. The remaining area to the south will be reserved for a future activity area. Lighting in this area will not be placed higher than four feet above grade. The current retention pond will still be abandoned and drainage connected to the City storm system as required by the City. 3. The abandoned retention pond area will be more consistently maintained by the management until the area is improved in the future. During construction of the dub, the area will be cleared of heavy brush and scrub trees. It is the managements intent to keep the area free of high weeds and migrant shrubs. 4. To help minimize reflected noise from the basketball court across the canal to the neighboring houses, the existing exercise room building will be removed. the replacement building will be designed with a single story j wail surface against the basketball court to mitigate reflected sound. 5. The club hours will not permit outdoor recreational activity - swimming, tennis or basketbap - before 8:00 am all year. Sincerely. WENELL MATTHEIS BOWE 'b� 14 Timotli ' *atthe" Vice-Presidcnt TM:cb cc: Neighborhood Residents J SUMMARY OF NEIGHBORHOOD MEETING DISCUSSIONS Listed below are the concerns of the neighborhood raised at the neighborhood meeting and our response to each concern: 1. Noise at early morning hours and hours of operation. The club will prohibit outdoor recreational activity before 8:00 a.m. all months of the year. This includes tennis, swimming, basketball and any yard activities. • The exercise activities will be totally contained inside the building. Windows in the aerobics room are not operable and will provide a sound barrier. At peak usage, the club expect 15-25 cars at the facility before 7:00 a.m. 2. Guarantee for its that property values will rise and not fall as a result of the club expansion. The club is in no position to measure value in the neighborhood. We believe the improvements and available recreational facilities will be an attractive amenity to the Sunwest neighborhood and community. 3. The future tennis courts at ;he west edge of the property are not part of the original use permit as so stated. City records of the use permit and conditional letter make I no mention of these tennis courts. The future tennis courts were shown and designated on the approved set of building permit plans at the initial site development. 4. Are you increasing insurance coverage for damage done to adjacent property because of the new club? The club is more than adequately covered for insurance needs. 5. Concern about noise in the pool area, specifically early morning swim meet activities �-, As stated earlier in #1, the club will prohibit swimming before 8:00 a.m. all months of the year. After the sun sets pool use is generally only lap -swimmer creating no appreciable noise. 6. After hours noise and lights, maintenance of tennis courts and employees using facilities. Neither activity is club policy and both will be curtailed. Maintenance of courts will be during club hours. Tennis court lights will be securely controlled from the new front desk area. Employees are prohibited from using club facilities after hours. 7. How much noise will be generated from tate babysitting room? Isn't this really a day care center? This function is not a day care; this is only a babsitting area. Children will be watched by staff as a convenience to the members who are on the premises at that time. The children will not be allowed in babysitting area any longer than two hours. The fire department occupancy will allow 18 people in the room at one time. 8. How will the abandoned drainage ditch be maintained? Stated that it has been inadequate bt the past. The ditch will be cleared of weeds, shrubs and trees during r construction. The water from rainfall will be diverted to the City's storm system. The area will be plowed under once a t year and kept free of fall weeds and `migrant shrubs. 9. When club first opened, many lours parties and noise problems. These are past issues. 10. How is the club complying with the noise ordinance? The club has been an integral part of the neighborhood since it was constructed; it existed before many of the houses surrounding it. The improvements will not appreciably alter the level of noise in the neighborhood. Again, the outdoor recreational activities will be prohibited J before 8:00 a.m. 21. How is the club going to address after-hours trespassing use of parking lot and retention area? The club improvements will increase security with the re- building of fences between the parking lot and the retention area. Additional lighting at the west parking area will discourage loitering. 12. TIte design of the building is inappropriate for the neighborhood; it slwuM look like a house in the residential area. The design is appropriate for the neighborhood. It compliments the neighborhood characteristics in scale, height, proportion, massing, texture and color. The building is not a house, and it is our professional opinion that it not try to falsely imitate a house; rather it should compliment the neighborhood in the above characteristics. 13. The high wall of the existing exercise room will act as a sound board and reflect basketball court noise across the irrigation canal to the residences. The existing building, and its two story walls, will be removed. The design of the new exercise room will lower the wall from 24 feet to 14 feet. Landscaping trees planted against the building will also assist in defusing reflected 69 d sound. 14. Has an altentative site been studied for the club? The club has been and will continue to be an important part of the Sunwest community. A site move is not economically feasible. 15. 77te future planned tennis courts on the west edge of the property are going to be a noise, Itghting and properly damage nuisance. The club will abandon its plans for these future tennis courts. In lieu of the tennis courts, the club will use the area for future overflow parking if needed and as a future activity area. TRAFFIC The following concerns were raised by the neighborhood regarding traffic and parking issues. These will be addressed in the traffic study. 1. What is the expected intensity of use generated by the club improvements? How many people and cars? How does this compare with the intensity of use at the Hutchins Street Club? 2. Is there adequate parking? Will parking take place on the street? 3. Concerned about the safety of children walking to school, especially WRO on Peach Street where there are no sidewalks. 4. Concerned about the speed of traffic in the neighborhood, specifically generated by the club. 5. Concerned about increased traffic on Tilden and Peach Streets - how much will be generated by the club? 6. Concerned that because Peach Street is unimproved in lighting and sidewalks; increased traffic will make it too dangerous. 7. Concerned about crossing traffic on Peach Street and Cochran Road. Currently there are no traffic controls at this intersection. 0 NEIGHBORHOOD MEETING FOR DISCUSSION OF TWIN ARBORS ATHLETIC CLUB ADDITION AND REMODEL February 21, 1991 AGENDA 7:00 p.m. ■ Introduction of T.A.A.C. Representatives Format of Meeting ■ Overview presentation of proposed additionlremodel to Cochran Road Facility ■ DISCUSSION FORUM Presentations by neighborhood, residents 8:45 p.m. ■ Summary for forum discussion • = ■ Adjourn i w.Tnar K � rC AGw�i KIM 1..11['wf1 1.1 LkL1wOM� MYO/ wAna' Mw+aMaI=lol — t-- - ws.s t . F&CFEATIONO& ACTWM ' t CdlflJim OCOO10 Air F&MADMEM"a2 STOW � a 1---- --- 111ffi1 tODAY s.rwn au.ortr 1 w.e,e ' s ww - � :-- -•J � - DESKW 11EW IADSA) �-•� �.� - - I MRM Uw"m E11lA4TMAIL, •. r—Aft04 � 90-]OAOO"KNALBIMCM . OfI11MNOQ/OACCOMM ~- Vaim J 1 ; '_"' .r..00LL•Amla. ,..� n r.� Co iW iio FLFOUMMam 1 I. L Je– { nUM ACT" MEA ��� ; rT LEGEM I•'i '� ! . a�MOPQGALWOTED sMs+DlmwAw lwsm 9U ,L„„ Twin Arbors AthleticClub Facilities Expansion - 2040 Cochran Road U-90-30 REVISED P.hAN •�" man -rr 5. Memorandum from the City Attorney dated March 1, 1991 discussing the Twin Arbors application. e r- '� CITY OF LODI MEMORANDUM To: James B. Schroeder, Community Development Director From: Bob McNatt, City Attorney Date: March 7, 1991 Subject: APPLICATION OF TWIN ARBORS TENNIS CLUB As I understand it, a question has been raised regarding the land use classification of the Twin Arbors athletic club on Cochran Road. Specifically, as I understand .it, the issue is whether exercise machines constitute an accessory use to the general classification of "recreational facility". The history of the site indicates that the land is zoned Low Density - Residential, and the facility has been operating under a use permit issued several years ago by the City. The club now seeks to expand its exercise or workout facilities, and objections have been raised. The starting point is Lodi Municipal Code Section 17.09.030 (G) which allows in R-1 Districts "golf courses ... and similar recreational uses". The question then becomes what is a "similar recreations usel? Words in a statute are to be given their usual and ordinary meanings wherever possible (younger v. Alameda Superior Court 127 Cal.Rptr. 122). It would appear reasons a to me to conclude that a "similar recreational use" could easily include a tennis and health club, subject to securing a use permit. I don't think I've seen a tennis club that didn't include exercise machines. The Planning Commission has authority under LMC Chapter 17.72 to classify those uses deemed conforming, to any particular zone. The Planning Commission apparently has already done so in the matter of Twin Arbors where it approved the original use permit which included exercise equipment. This conclusion is further supported by a discussion contained in California Land Use (Longtin) Section 3.10(2)) which states "A zoning administrator or the planning director) is ... given authority to determine what uses are similar ..." While one case cuesti�rs such interpretive authority (People v. Binzley 146 Cal. App. 2nd Supp. 889), courts generally give great weight to the zoning administrator's interpretation. Without the benefit of more extensive research, my initial feelings are that the question of whether exercise machines are an accessory'use to a tennis club has been answered by the Planning Director and Planning CDTWINAR/TXTA.OIV Community Development Director March 7, 1991 Page Two Commission a long time ago. A challenge to that determination is probably not timely. The athletic club, by virtue of its long period of operating exercise equipment in conjunction with the tennis club functions has probably established its right. Under the Hagen case, which we have discussed on numerous previous occasions, the r of a use permit may have certain vested rights which cannot be taken away by the city absent a showing that the use constitutes a nuisance. Although some neighbors of ` the club are understandably concerned with the uses, and have complained about past problems, the information I have does not sound like a court R could justify revocation of the use permit on a nuisance basis. s Please let me know if there are further questions. BUB McNWTr City Attorney BM:vc cc: Planning Commission Members CDTWINAR/TXTA.01� 6. The original Traffic and Parking Study for Twin Arbors Athletic Club dated March, 1991. I 0 Traffic And Parking Study For Twin Arbors Athletic Club (Cochran Road Facility) Lodi, CA March, 1991 Table of Contents S�� Introduction ............................. Traffic.............................................. A. Existing Conditions .. ............................. . B. Impact of the Proposed Projcct .......................... . G Impact of Additional Traffic Vofurnes ....................... Parking............................................... 0 P1ae I 2 2 3 4 6 List of Figures ..l:u. Pau 1 Daily Arrival and Departure Characteristics of Club Traffic ......... 7 2 Existing Turning Volumes During Peak- Hour of Club (7-9 Fm)....... 8 3 Existing Turning Volume., During Ptak .dour of Adjacent Street(6-7 p.m-) ..................................... 9 4 Distribution of pub Traffic ............................... 10 5 Existing Daily Traffic Volumes on Street Segments .............. 11 6 Daily Traffic Volumes at Intersection Approaches ............... 12 7 Change in Existing. Average Daily Traffic Due to Project .......... 13 S Change in Daily Traffic Volumes Due to Project ................ 14 9 Change in PM Peak Hour Volurres Due to Project ............... 15 List of Tables Table page I Pedestrian Observation .................................. 16 1. Introduction Twin Arbors Athletic Crib consists of two facilities; one located on Hurchins Street and tht other located on Cochran Road. A member of the athIedc club can use either facility. The Hutchins club is known more as an indoor club with activities such as racquet5ail, weightlifting and aerobics. The Cochran club, locared in a residential neighborhoxl, is primarily an outdoor rennis/switnrning facility with high sumrncr usage. Spare T=O. Inc. is proposing to expand and remodel the facility on Cochran Road. ':'he proposed expansion ipcludes an upgrade of facilities, a new aerobics room, an expanded weight room, additional tennis courts, as well as other less significant irnprov.,=nts. The proposal also includes the expansion of the facility's parldng !or from 78 to 82 parking spaces. Due to concerns of neighborhood residents living near the Cochran club, the City planning staff asked Spare Time, Inc. to hire a traffic consultant to study the traffic and parking impacts of the proposed expansion and to meet with the neighbors to hear their concerns. Spare Time, Irc. commissioned Fehr &Peers Associates to perform the traffic/parking study. Spare Time. Inc. management and a representative of Fehr & Peers associates Met with the Ioeal neighbors on February 21, 1991 to discuss their concerns about the proposed remodeling and expansion. About 16 residents attended the meeting. They raised several issues, including some relaxed to traffic and parking. The purpose of the study is to determine the impact of the Cochran Road club expansion (referred to herein as "proposed project") on traffic and parking. W II. Traffic This chapter discusses the cu,:cir waffc conditions in the irmnediate v:cinirl o: the project, estimates the =ount of tr,.ffic that will be generated by the project, indicates the resulting increase in u—ffic on the local strew, remarks or, the acceptability of :hose traffic increases. and finally recommends n easures to rr-Britt-ze t:�tc impacts of the increased traffic. A . Existing Conditions The traffic study focused on roien:l traffic impacts )f the project onto Coc.ltr n Road, Ti -;den Drive and Peach Street. All threc'of the roads arc residMial streets and all -host exclusively serve only traffic generated by uses (horr:es and ;he existing club) within the neighborhood. Fehr & Peers Associates conducted traffic counts at the club driveways and at the intersections of Cochran/Peach and CochraruTiiden or: Wednesday, March 6, 1991 from 3 a.m. to 9 p.m. (the hours that the club is open). The weather was clear and sunny on the day of the count, so the club experienced typical usave for that drre of the year. Fi bre 1 shows t.Fte total traffic ;hat entered/exited the club over the 13 hour period that the club was open. As shown., 131 vehicles entered the club during the 13 ;.ours that the club .vas open. The club traffic activie. was highest from 5 to 6 p.m. (13 entered and 19 exited) and from 7 to 8 p.m. (18 entered, 14 exited). Figure 2 shows rhe intersection turn volumes from 7-8 p.m. rigurc :� shows club traffic during the adjacent street peal: hour (6-7 p.m.). We also identified which roads traffic used after exiting the c1ub. As Figure Al shows, 45% used Peach Sweet, 25% used Tilden Drive, and 30% continued on Cochran Road. This information was utilized to assign the increased traffic genc.ated by the proposed project. The wafFc counts were factored to represent Average Daily Trak (ADT) volumes. Figure 5 shows the existing ADT volumes on the study sweets. The AD -I's range from 340 vehicles per day on Tilden Drive to 620 vehicles per day on Cochran Road between Tilden Drive and Peach Street. Figure 6 shows daily tiler volumes at the study intersection. We also noted the pedestrian and bicycle activity derng the hours counted. Table 1 summarizes the pedestrian observations. On average, 3 pedestrians per hour were observed waMrg in the immediate area of Tilden/Cochran,'Peach. The data shown in the table is considered typical of a residential sweet; however, it represents information taken on a non - school day. The technicians who performed the traffic :punts reported that motorists on Cochran Road, Peach Street, and Tilden Drive !ravelled at a higher rate of speed than typically expected in a residential neighborhood. Thev also :noted that the vehicles acccssin; the club did not scent to drive any faster or slower than non-clab vehicles. The technicians also reported that they observed a couple o: "close -calls" or near accidents during the day at the intersection of Cochran Road and Peach Street. At thrnectino with the local neighborhood, several msidcnts also mentiored that vehicles travelled at a high rate of speed through the area, and that tdtey nzd seen several ";lose-ca!ls" at :.`ie Cochran/Peach intersection. .2. We reviewed C. ry records to der:rminc the recent accident his -cry ir. the study ar,a. In the past five ye=s, only one n-affic accident was reported at the Cochran/Peach intersection. ':hat accidert trivolved a vehicle travelling uestbrund on Cochran. Road gettine hit 'broadside by a vehicle mrnlm! richt from Peach Street These movements were rhe same ss .::.scribed as "close -calls" by the counting technicians. B . 1mp3ct of the Proposed Project Thr most diffieuit task in titc study was to estimate tate amount of traffic that the proposed project will generate. At fist, one may thin': that the arrouat of square Footage i�r numlI•r of ccurts would be the most reliable variable to estirrate traffic from a club, but available statistics indicate that membership is the most accurate variable. Fehr & Peers Associates obtained information at the Johnson Ranch RatrquetClub in RoscvUie which indic--ted that the club Venerated 0.8E vehicle trips per-nembersh;p. To verify the reliability of this rate fel the proposed project, we performed a traffic count a( both the Hutchins club and the Cochran elute. Aeeordin- ., to Spare Time, Inc. ma nagcrtent, there a. currently about 1,650 memberships in the Twin Arbors athletic Club. During this time of year, about 1,350 memberships utilize the Hutchins club, while 300 memberships use the Cochran club. On Wednesday, February 27, 1991, a total of 578 vehicles entered and exited the Hutchins club during the entire day. This represents about 0.86 daily trip ends per club membership (a vehicle entering and exiting the club is considered two trip ends). As previously discussed, 131 vehicles enteredfexited aha Cochran club on Wednesday, March 6, 1991. This.repr:sents about 0.87 daily trips per clab membership. Thus, the daily trip rates at three different clubs were 0.86, 0.87 and 0.88 daily trips per membership. The consistency of the rase indicates a high degree of reliability. We used the rate of US daily vehicle tries per membership to estimate the amount of traffic that the proposed project will generate. The existing club membership during early March is 300. Spare Tune, Inc. management has indicated that the ultimate membership capacity of the remodeled/expanded club is estimated to be 1,0(X? memberships, which is an increase of 700 memberships. At 0.88 trips per membership, :00 new memberships will Generate 616 daily trips (308 in and 308 out). Information published by the Institute of Transportation En-inecrst indicates that a racquet club generates about 10% of its daily traffic during the p.m. peak 1 -.our. Therefore, of the 616 trip ends that the proposed project will generam in ar entire day, about 62 additional trip Bids will occur during the p.rrL peak hour. Using the distribution pattern shown earlier ir. Figure 4, daily traffic volumes will increase by 280 vehicles on Peach Street, 150 vehicles on Tilden Drive, and 190 vehicles on Cochran Road west of Tilden. Figure 7 shows that tn.ffrc on these road segmt:nts will increase by 44% to 47%. Traffic volumes on Cochran between Tilden Drive and Peach Street will inercase by 550w, while Cochran Road adjacent to the project will increase by 155i'o. It is important to note that the increases shown in Figure 7 represents increases in winter traffic volumes. Spare 1 Trip Gener+tinn_ 4th Ftikinn, fnuitutz of Transportation Engineers, Septemtxr 119S7 -3. Time, Inc. managew.cat has indicated ; hat summer membership at file Cochran club is about 500. which is double the winter me_r Lnership. Thus the increase in traffic on the local streets will be less in the summer than in the winter. Figure 8 shows the amount of daily --sffic increase at the ro:hran/Peaca and Ccchran/iiden intersections. The resulting ADTs on Cochran Road range ffrim 610 on 41c ,c-ment vest o!'79deo Drive to 1,070 on the segment adjacent to the club. Tl.e resulting AD,r is S?0 or. Peach Strer.t end 490 on Tilden Drive. C . Impact of Additional Traffic Volumes The intersections at Cochran/Peach and Cochrar/I'il�en will continue ro operate st LOS A with the project. Cochran Road, Peach Street, and Tilden Drive are residential streets. According to the C:ry of Lodi's design classifications. Tilden Drive and Cochran Road (except for a shor, st-amen) are standard residential streets. Peach Sweet is a minor residential satet because it lacks curb, gutter, side -malk and has only a 50 -foot right-of-way. Standard residential streets are dLsigned to carry 500 to 4,000 vehic:es per day. With the r- additional traffic generated by the proposed project, Cochran Road Will have an ADT of 1,0'20 vehicles (highest segment), and Tilden Dtve will have an ADT of 490 vehicles. Thus, the project traffic volumes are well within the design capacity of the streets. As discussed. Peach Street is classified as a minor residential street. The traffic volurne range for minor residential streets -is 0 to 500 vehicles per day. The existing ADT on Peach Street is 590, which means its current volume exceeds its design capacity by 90 vehicles. The proposed project will increase the ADT on Peach Street from 590 to 870. An article in a recent transportation publication entitled "Maximum Traffic Volumes For Livable Streets"2 suggests traffic vclun:e thresholds for Level of Service A on residential sweets. Level of Service (LOS) is a tc-..n used to describe the quality of traffic Operation on a road facility. It is denoted by letters ranging from A to F, with A being the best level of service and F being he worst. The author's description of LOS A for residential streets is "that traffic condition where any giv-_n vehicles or the roadway is unaffected by any other vehicle." The level of servica of a residential street depends on the w:l,,h of the street and whether streetside parking is allowed. For a road having Peach Sweet's characteristics, 24 - foot width without parking, the maximum traffic volume threshold for LOS A is 840 vehicles per day. The traffic volume projection on Peach Street is 870 vehicles per day, which is slightly above the LOS A limit. 2 Published;n We"em.t.. November -December, !M. Recommendations: Based on reports of "close -call" accidents by the local residents and the field technicians, we recommend the City investigates implementing a stop -sign at the Cochran/Peach intersection. Based on our analysis and obser adons, it appears that a stop sign is needed at the Peach Street approach to the intersection. This will clearly give right-cf- way to CocLran Road tr..ffic and should reduce the accident pmential at the inteasec don. As far as the upgrading of Peach Street is concerned, if the C. chooses to use its design standards as the basis far determining if a sweet reeds to be upgraded, then Pesch .:street needs to be upgraded to a standard residential street regard:ess of tI:e proposed project. if in the LOS A volumes are the basis :cr determining if t. a road needs to be upgraded, then Peach Street probably does not need to be widened since the projec:cd volurncs (8770) cxcecd LOS A capacity (840) by only 30 vehicles.' .5 r001� III. Parking I he proposed project will also inerrase the present parkin- demand at the existing club. Fr.*ldttg util:zauot: surveys comp:_ted in : eb:u�ry, 1991 irdicste that the maximum number of vehicles parked in the lot was 27. j According to Spare Time, Inc. management and local reside. -Us, narking demand is substantially higher during the summer months. Mann 4�,Cn c'rt and local rTsic!en� agreed that the maximum parking demand during the suacrier is about 50 vehicles, CxCept during the City tennis tournament. Spare Time, inc provided Fars & Peers Associams with statistics on rnernbership and paddng at three other clubs. The foLowing shows the parking demand and total rues-bereships at each club: - Membership FaTInna Provided cayacizy Cold River 128 1,600 : space per 12.5 mernberships .'.stomas 162 2,500 ? space per 15.4 m:mberships Johnson Ranch 156 1,750 1 space per 11.2 memberships Iaguna Creek 188 2,500 1 space per 133 memberships Total 634 8,3501 1 space per I2.1 membenhips As shown above, one parking space is required for a rangy between 11.2 and 15:1 memberships. The average is one space per 13.2 memberships. Using these r--:ios, the proposed project will require between 65 and 39 parking spaces. The proposed project will increase the number of parking spaces from its present 73 spaces to j 82 spaces, which equates to I space per 122 tremberships. Only the Johnson Ranch Club provides more parking than this on a membership basis. Based on this information, the proposed parking supply should be adequate to handle the expected demand. However, in case the demand someday exceeds the supply, Spare Time will expand ;he parking Iot in the vacant laced in the northwest corner of the, site. .6. 30 2s r-� FIGURE 1 MAt1 v AmolvAl ANn nimARVIRR 8.9 A.M. 9.10 A.M. 10.11 A.M. 11-12 A.M. t2.1 P.M. 1•z P.m. z•3 r.r+. a•. �.�. • .^ - - - - - - - - HOUR OF DAY Note: Tiaffie o wnis taken on %%'aloe :day. Mata ► 6.1991. ENISTING TGRUING VOLUMES VbLt A Pools Assoclatas. lmc FIGURE 2 DURING PEAK HOUR OF CLUB Vir;ST TbKAYSt..::�'.' lu c.0 w 1: ma. WEST.tVINE lST ENISTING TGRUING VOLUMES VbLt A Pools Assoclatas. lmc FIGURE 2 DURING PEAK HOUR OF CLUB EXISTING TURNING VOLUMES DURING FIGURE 3 ! PEAK HOUR OF ADJACENT STREET fwraPears Arso{.�a1ea,Ina 11 Tutnycuattn cnwwuarr. (6-7 P.M.) {U COCHRAN RD.":.: cn •. )j) Gpy LLJ cl U -lull WE EXISTING TURNING VOLUMES DURING FIGURE 3 ! PEAK HOUR OF ADJACENT STREET fwraPears Arso{.�a1ea,Ina 11 Tutnycuattn cnwwuarr. (6-7 P.M.) EXISTING DAILY TRAFFIC VOLUMESfi?FoMwPoeCs?w tatoa,Inc. FIGURE 5 ON STREET SEGMENTS _ _ Y� NQT TQ SCALE is`11m i , � I� ��� • • - AT f CLU$r x.11' t i EXISTING DAILY TRAFFIC VOLUMESfi?FoMwPoeCs?w tatoa,Inc. FIGURE 5 ON STREET SEGMENTS _ _ FIGURE 6 DAILY'FRAFFiC VOLUMES ^! ]I-,— � Fehr i Paara Aeaxlar•a, Inc. AT INTERSECTION APPROACHES E A T. WEST Y8• �. �C' .L vk i k N O 82 209.137 .. COCHRAN Rb.: .. ...: �—. 217 t77 --i 190 131\ 151 y' 40 114 u s;. id k s WES;VINE ST .E a r:�sa k FIGURE 6 DAILY'FRAFFiC VOLUMES ^! ]I-,— � Fehr i Paara Aeaxlar•a, Inc. AT INTERSECTION APPROACHES FIGURE 7 (11 CHANGE IN EXISTING AVERAGE DAILY TRAFFIC ` Folw&Poorsassoclotes.Inc. DUE TO PROJECT I t.•..,"ua,`°.. 309 {p2} tl :f ' s ; 269 {92) � =► 1901 439 1q y I L Tl Lu r. ..i! i i , WESTV�NES7 '- C XX—EXISM.r, • PACAACT VOLUTIES i (TY)-PR0JEl7 ONLY VOLUP S tFR011 CLUB EXPANSION) FIGURE 8 CHANGE IN DAILY TRAFFIC VOLUMES FoMdPeaYR6tOf.I61p5,Me- DUE TO PROJECT a ` `. s i �FF ix'i -. x x �.'ti }+# ¢fS �s. 5 �yr F : - �i-yt#•x at s ^ - t< i WEST VINE ST XX-EXISTIMU PROJECTUOLUMES i,. (YYy PROJECT OJtLY VOLUMES (FROM CLUB EXPNISIO)J) FIGURE 9 CHANGE IN PM PEAK HOUR VOLUMES �` Fshr6PursAsacelbs,tne DUE TO PROJECT - TYdiN�A "u ATNI VTI a ` `. s i �FF ix'i -. x x �.'ti }+# ¢fS �s. 5 �yr F : - �i-yt#•x at s ^ - t< i WEST VINE ST XX-EXISTIMU PROJECTUOLUMES i,. (YYy PROJECT OJtLY VOLUMES (FROM CLUB EXPNISIO)J) FIGURE 9 CHANGE IN PM PEAK HOUR VOLUMES �` Fshr6PursAsacelbs,tne DUE TO PROJECT Table 1 �-. Pedestrian Observation Are They All PM -16- Number in Children Alicm Did They Come From And Time Qrnu2 (Yes car NO) _ :L'ae-e Are Tma Go -n.- To 8:44 a.m. 1 No Pesch St. - East en Cochran 9:04 2 No Tilden - Auhlydc Club 10:27 1 Yes Cochran - 3 houses East on Cochran 10:38 2 No P.:=h - West on Coch-ran 11:02 2 (like) No Ti -Iden - Athletic Cu:b 11:44 1(Bike) Yes Tilden - Athletic Club 11:53 1(Bike) Yes Peach - East on Cochran 11:57 3 (Bike) No Athletic Club - Tilden 12:18 gm. 1 Yes Peach - West on Cochran 12:31 2 Yes Cochran - 3 houses West on Cochran 1:07 2 \To Peach - Tokay 1:08 1 No West end of Cochran - Peach - W. T okay 1:52 2 No W. Tokay - 3rd house on Peach " 2:05 1 No East on Cochran - Peace - East on Tokay 2:07 1 No F—tst on Cochran - Peach - Fast on Tokay 2:41 2 No Tilden - Peach - Ease on Tok--ay 3:00 1 No West on Tokay - Peach - Athletic Club 3:11 1 Yes Tokay - Peach - West on Cochran 327 2 (Bike) Yes Tilden - Athletic Club 3:36 2 Yes East on Cochran - Atl&lcdc Club 420 4 (2 Bike) Yes. Athletic Club - Tilden (2 Walker) 4:28 2 No Peach - Tikkn 4:54 1 Yes Tilden - Athletic Club 5:05 1 No Peach - Tilden 5A2 I Yes Athletic Club - Tilden 5:42 1 No Peach - West on Cochran 6:00 2 No East on Cochran - Au.dc Club 6:33 2 No Athletic Club - West on Coclu- n PM -16- 7. A letter from the Community Development Director dated January 22, 1991 outlining the staff's original conditions for approval with the first site plan attached. CITY COUNCIL DAVID M HINCHMAN. Mayor JAMES W PINKERTON. Jr Mayor Pro Tempore PHILLIP A. PENNING JACK A. SIEGLOCK JOHN R. (Randy) SNIDER January 22, 1991 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)334-5634 FAX (2091333.6795 Mr. Tim Mattheis c/o Wenell, Mattheis, Bowe, Inc. 222 West Lockeford Street, Suite 9 Lodi, CA 95240 Dear Tim: THOMAS A. PETERSON C81V Manager ALICE M. REIMCHE City Clerk BOB MCNATT City Attorney RE: Use Permit - U-90-30 Facilities Expansion and Remodel Twin Arbors Athletic Club 2040 Cochran Road The Lodi Planning Commission has scheduled a Public Hearing for 7:30 p.m., Monday, January 28, 1991 to consider your request on behalf of Twin Arbors Athletic Club for a Use Permit to expand and remodel facilities at 2040 Cochran Road in an area zoned R-1, Single -Family Residential. At that meeting the Community Development Department will recommend the following conditions for approval: , 1. that the subject project be connected to the City sanitary sewer system; 2. that the existing septic tank system be abandoned in conformance with the 'requirements of the San Joaquin County Environmental 'Health Department with copies of the permit issued by that office submitted to the City as proof of compliance; 3. that the subject parcel be connected to the City's storm drainage system with the necessary on-site improvements being completed; 4. that the developer/owner pay the fees shown below and any additional fees at time of issuance of Building Permit: Storm Drainage Fees $31,320.00 Sewer Service (4 -inch) 680.00 Sewer Connection 28,652.50 5. that all conditions established by the Site Plan and Architectural Review Committee (SPARC) become a part of the Use Permit. Sincerely, 4"<Z I �. �ommA ES B. SCHRO DER unity Development Director cc: Lodi Athletic Club r Ccoft� 10-D r :III illlsilllllllll y .K V I lel li 1 '� - - - • 'ay _!� 10.1 0!*r..q ILL I 1IF7It I ..moi a I � t I t i I R11 I I I IF -11 I i ®MAMSMKM TWIN ARBORS A71-fLEMC CLUB e 1 •/t4 3 o ,2_,1_90 Twin Arbors Athletic Club Facilities Expansion =� Ir- 2040 Cochran Road 0.90.30 page t of Z t-t�-91 8. Background data which Outlines the history of Sunwest Tennis and Swim Club (i.e. Twin Arbors Athletic Club). r� BACKGROUND DATA SUNWEST TENNIS AND SWIM CLUB 1. Information from San Joaquin County Files 2. Excerpts from Minutes of Planning Commission September 13, 1971 3. San Joaquin County Referral 4. Zoning Variance - A-22-35 - Reduce Fence Setback 5. Use Permit - U-72-29 and Amendments in 1978 and 1979 ... ...... ............ .0� ....... L .... ..... t. -O. .... j500, e.-I:;t oi Le -war Sacra=ento ................................... .......... . .. . . .. .............. —__._..»._......»-_..___..........__._..._.....__............... . ..................... . ............. ._ ...._.. ___---------•--..... __..__._.....»....».._............._.__..__..._........_............................ . . . ........ - -- ----- . . . . ........ . .......... . ........................... . .... ....... . . . .......... L -Sal Cwzar of pic rty I -zol cant .......... ............ .. ......... . ...... . ............ 14--i!!ng Xidres3 . ......... . ............ . . - - - -------- - --- ------------ --------- - ----------------------- --- . ..... Accepted Crdi:. =Ce MO ESM-MLISH T=VNIS AZTD S31=31 a 2EQUEST: »..=....»_ ._.............. . . ......... ........... . ................................ . ........ . ................. . .................................... ...... ::tr M;ury L of Aonlicc .. .............. ........ .. ..... . . ......................... .. ... .l__:......................... ... .... a . ..... . . ....... by ria...... A ........ ........ on... RG=Cn for AC.-_;-jn . ............ . ............ . . .. .. . .. ...................... ................ ........ ............................. .............. . . . . ....... . . . ........... . . ..... ......... ....... .................. ................... . ....... ........... v sub;*0 to tees Oper4limm; -Almn"Idt 00 1&* mvwse slie. . .......... Vii. ...... 9-23-71 __._».........-....... . . .. .... Cera Z.;cra :1 _-,-Z2TV=CI3 =--'en upen -7r;etll .*,:Om dm I-Ocizion ";-'I C,­=issWwlJBoCri C! . .................. .... .. . .................................... . ;at -:I; L . .............. J. =79':,- _. _d •J'e ..i ..tet :. nv..':J ......7 ...:o t '.'1L =7. :7 L:: •i1 �^i =-xf .� :a0 x'.!00 .7f :E's '::nrriva, cnv :_ 7 r„:.i==-.: cc St_!a L:x u rt __-..:_.....: ..:,_ i :C-2!.4_rrq y!alstt.� :, Ct:.r:+Lt AA •+:' t�r� re :enef this aaa, tb..t :v=:3 e -cu►r :.s -VC:t+ ;v:r::ca of 1„s s:s-: ^^- :t, a aalaance 12 2ei' :ed • cs :oi: ys: "_iu!s'r-ers !a aei .td !a=:yt!'zq :es;u:!sq 5a s:;tsasaaabls er inlawf:l Fac-:-as cc _-eta n:g:cet 4ic'a :t, :f mrsa :o �ai 3:�::a :o iealL3, saitw or 7aBIiC wslt�, a 'ua s s!g3tly ar ci:_cs:: a :a a _rc.ta zu -a :a :tet -r :ts ro:t5 UI-2 Cc=fcs tylia eajorent ci ::fa vc zopartT -cr. =40t �ptd :se xrit i ::Wl e 8 r'r:" t cj 5Jmrt!1!ad 23 =CViaq.:cr_e�s:-:g a aim s•::ctursi aitaset!oa al:a!1 :s xco 'Z --:t _ : _. .,•/ rc:.-!ra :: a sa!d : !et?!= --aaIl Be firs: cvpr_:od Sy "u Mznainq r er . f xat, Cts saicn x .-r• s .i .;jj•2stZaat. 3. T!klz ---so °! is -:7a:= ::ser tas c=.jit:ca !Sat said permit act be b,,sfarrcd rltdla a SUap brad ahoy i 0.4 data x _:acval. 4. a: C-sti_nage plan and pa_ement of .e -a to the Degart=ent of 9-ablic S: a=a to 3e obtained f=cm the �Decarttent of 1 - `.. _ _..__... _._.. .: _. _ _ _•l•'„—_.3;SC, 7 �:I3 a=3St_a=,r3 O: "I' C: _7 O. .•.CG' . .�. 1...-.:, i� ... .. ...:1� �=alt: ✓;.at=2C�. I ..Jr _ ... •112 .'�L"'�`I.•iuf ,tet•: _.u• . , r•' _ 1: .. •v-1'7 . • .,L��."' �.^../ _a e:s rabi-.JA S 1Y.d'C.: Yle iOut2l 31:..`a o= CCC_'—=n1 :toad, ::cm 1775' co 25CJ' ca=t of :ower Sacramento Road, .;out.l of Lobi, in an I -?A Zone. CCNSI,ZrSMTICNS: The Planning Depart=ment introduced a : •.+rittan re_ ort into the record_ =2--:^47CATIC 7S: Lcdi, recc=nenued approval 3ubjec= to the inprovemen_ Coca. Wn Road to county standards. _ : iciticn D:st-i. : _ec==er_ding construction of a c_.cl_n•e __nc_ of a -nin:_n%-n height c: to be located cet:aeen the T,istrict'3 right -of -:pal for canal and prcoosed deveio=ment. STS.: Jae art.ment of ?ublic ele ks, racc.-=erdi. g dedication of t 5' of frcntage for the widening to 43' of Cnchran Road and the i—mrovement of that road to the standards of the pity of Lodi. ?13^ai he ^evart-ea reccatmending conditional apyr.oval ?73T,IC �.r..�_IING CP=IZD =2 --lie-ming "er3cn3 3Cc%3 im _avor _ a=nlicati=_n: .:253=2. 22:1:._3 -- C -- can oc•�, d Ne?�_ ...�.....�=e1.., r -i ent _. -,a araa. '_h2-. mad:? the L9: T;l� .an --r2 grounds ,wil;. -'_` A_ ads ---- �'e'C:'SS=C_J �,1-D FINDINGS: Commissiushrrs cCcmb ana idaid:hc-?= sp - OtCC ..n he ia3ue and in t: -heir cununent3 t a _oilcwi. g fiad:ags were made: There is a definite need fcr this type of development. The access 'was a cause of some cenc-zin. (The applicant stated that he would not object to a 5' dedication o; frontage for the widening of tate access). Further finding w46 that a 6' fcnce is all that is necessary rather thant'he 20' fence suggested by the Woodbridge ;irr--gaticn District. MOTICN: Moved, seconded (Gunderson -Donald) and carried by a unanisc_r :roll call vote to approve the permit subject to the following: J 1. Approval of drainage plan and payment of fees to the Department of Public wor:cs. 2. etc:cachment Permit3 are to be obtained from the'Departnent of ?UbliC Or"C3. 3. anproyal c� the Civision of lard. 4. 1__c3r.i_.. and isrioveaen: to h3 standard3 C. cht City Lodi. _ of , ,_ f__^:a;e for the widening c_ Cochran P.cal- �. __ r:•�a: o= tL'a Lccal ?eait_h ------------------ — ..•.r._..wr•„c r.S,..—+r.._..— —_ ,Application No. Data Zecaivud ^� � ?� ?! i r3tuzn^•i Cc=:ent3 rade hereon have been made without cc:=?lete information �1 as to intent of ano1icant and tzarefore should be taken with acme degree of caution in iata_.retat'_en thereof. Pzgli..inar-f evaluations of site feat=es art- as f031CW3: L I. ROAD :RWITAC-2 A r.OIL'�TS eer Ord. 672 (by ) t A. L•aprovecent to be constructed by permittee at time of prc:-ert r develocment: Yes No S. cst?..-iat3d fee fcr future improvement by County - approx =at* length of frontage ( ) x r_cTuired widening I ) x $ /aq.rt. - a" C. Enaineered clan for road improvements and storm facilities within ". to be submitted for P.W.D. approval: Yes No D. Zncxcac2..ent aermit: Yes No �. Cc:�n:3: I:. C.we Cr d. .3^, A. of =!cht 7_ '•iav: Ya3 �� vC. 3. WZ : t-- :a'_ C. •�;.`�%�' �:'! t�C.'�G1 s Zvi -� ��3�!'�:.;'✓.-fF•'~.� (r -ad) D. Division of land: las 11 ,Nc ol E. CcmmentS :- ^-., f Gam✓ ,call'V- , ZIi71.,-" .`%.:e �� fes. 6„r�•. c�s%�%> �:�:r•,l:�v.,s/ c.".�::...rl ;C.G'i�va:' � D�i� �.'Scf G!se �/5�.-:f �:�r d�- u �A=v v--slCU--k I ACC=:,3 A. incrcac.haeat ;ern' -t: Yes c,- / :To_+•� B. :x---ber o° approaches psr frontage: C. Naximt= width of acceos (-measured at ?P lino) t fes. D. :cnco, cr.:rb or othez pay3ical barriar tp vehicular traffic :Coss __Cr_t.1c2: Yz3 � No . � �.. .�.��•.q �.• TT,!' �•a. � +LTi•'_ .. ... • .. H Public harks Cerart-ent C`ec.. '.113t (Can't)'� P3g$ r m. '_la__'• -Dime Size: C:.^._.i' ents : 7 //fir. i s7 e i IV. TRA271C R-EQUI.Z.'&MTS (b? Q-7� ) : Asvhalt CCnc eta Cu;S for traff1C dalinoat30t1: Yes B. Cf: 31t3 tri_'i_ d3tail and parking plan, ::o C. Ccrsment3: V. ?LCOD CCt3T40L EEQUI.Rr_:L-TS (by A. Tar_inal d_ainam faci►l✓t- available: Yes_' :ic Of 373i13b? a f3Ci== �7: �G • ��=—_-72=..C:1 : .7f '.3�i%•31 �"3S:]3t3Q CLic3nne1. �E'S N .� Daaicat_cn oz =iatl _ of :yay: !03 =,0 ,.2: 1=d lavell.-.g cerci= -ter Ord. 662: Yas :To ?. ?S ^C=tll 31J j3C = tO ..,urda tIcn: `AAs a==Oval =Lard ]n_-a-rsl. 733 :70 % K"; V1. D?_xImxG QUi r:+rs (b•7: _ 4'l A. acprox.Lmate trust f rr fee per Ord. e1192 't Ord. 1359 �� $ Scoa .ac -z B. Additional facilities: Yet. No C. Engineered drainage plot plan to ba :,.uhmittnd for P.N:D. approval: Yes No_ D. Ponding and percolatimn s!rstam: Ye:: `� No E. Cc=ents: •� -• v r !i �y o v a i i. �� !.r .t r'i is s� nf�.� �1t-•:•�.� r.�i _ � �s I '' :rf' _'t1•�•:.f• .� '.. TL is,_ :.i: •— — — :'.'fi/, .; "TJ.'�•�►'r�."�.!.1 :'��'�r!1�T .{. �T4 �: S.. '.il '> .k+c`�•r'�:f�Zy=•�M• ..r = _ fY is ... _ ,._ a .•t _.,-•]._-... - .. -�- � .� ,• �' i1e►•1.�.L •'•.7 .. T��� _ _ ... �.._� re• • mss' •. '• - :.?a�.':rhF••r����i•• Y•4_"s'-•►:.1.'S:;�Hs ra �'._ .y�,r,. �`Asrc,�r� (. - :+t^t.�� «j ���.>'.'JTiI�"t:�rr�:+`T'���• ' � ; �.5. r-a�tJ-,Cr�tr..i � .`.:a •ta .: ;� i•^.3\� S.ri..✓fe l:- .�}a.-�au-:!:... -ai• '" _ :l �,�... - � j ..+.. ,�, y_ y�-ter. '��,.. r..:2 C.�:i.:. • - 4i=1air--.r.= 4SEl.��::1��.:-��• 3 vt i� �• t�fis.' 4 t -.L j 04 43 IU . - _r fr�:rC7'r- }• r�1. .. ..• 1' _ � .r .l'- 7C -.I ri�� ... , _ :.;ti =�•.'x-:� :V^ �-��!�, �• / _ ...�- Vie•• - ^car: •.k• - � ♦ '•� . '•�',i(�`• • fir_ i'• :,+. _•', r! C%1.��. r i - ;ir; y,� '�:_ ,ti r t _ �siib•�i � I•IYIiA v r' - .:1� ..� - 1� } 4 �1•a.� ,- � _ r .. - .._ -'�• 'f' _ r• '� ..: _ 1. =.s xti.. ' '• .• -: . a '� -� _ u `t l.1 f(`'- � . :. #'i L:• ,. - iso` _. '—•r � .: "•r-! (tea :-;�`' -i,':tri=. �;�� .:C.^��`, ..�f%k•' F~v :��•.•.' �''mow, - .� (. } .� �'•� `; �Ja° .. I 1! �•^i— =._� ter;: Ej '.-'.r � :-�`•� ��-''_�'!rrf•.`"�i��..�s• • :'fi�}r.� rtr •'. _ .a'• `Plat.. v •�' �'-w.:�' . •'�. v- �� :�Ok'+_t f.`i �y :�• )a �i.?f2 �. ' iT•r+�l�Lt7.�?7i •s.. ��•+ _ _ �V .,+\_• •• i..-. tit ig•...•.., +, + -�- � �'! : - _ •l�O AO, �;:.-- = � tel', •ate+• ` .. ., `' �'�' �,'' �-`•- 7 err t'r s- tM •" din L .�.'•` a!� . ' ''•~` �t•�+?Y„r. �1+'♦;,` ��• 7t..:� C, •ems _. .'7�c ',y+1:art -.► t'�/;�.. ra:•'..S' L ,.J••.♦ 1���, , �•.{'i r `1G� 'R'+•. a�"��Yrn :f r�s:.:t'f �ri±: . 3" L4 -Ly A•: =. ..t'".. ?:• .fir✓ r 7 S C Z I P -T I REFLAND=2R:D TO Int '•HIS R -?CRT AS FOI.3- SITUaT_D IN THE STATE C= THE L `• CALIF32%,A, C01.11T'/ CF SAN.bCAQ'�I:., %"D IS t;_'sCRI13E:� i_LC::S : t EAST, STI Tti= :C2'",AST •TER (`6c :/4) OF 5'TI ^`� Ti A BC.cT2CV CF tea.: ` : .-CLNT. i 13 J 3ASc Ca`15:!i? IHR_ iii .:c�-r:1 •:•:::��: \U) AND `".ERIGIAN, CE.5CZI3n_D AS -CLLVJS: C0:'.!'E*JCI:iG At A ?CI?1T Ch EN THE SCUTH LS OF SAI �. QL'A Z'=� -CT iCFi� . . - uZTE:2 S.C7IOy; THENCE 340 FE . aEST OF THE SCUTHEASc�CCR.;=R OF SAID Q" A NCRTii 0' 02' 34r' :�=5T 325.30 _T TO THE C!%ITEZ Lit:. CFCOC:-�:UN WEST, 43y.40 FET TO y"2 TZU- POINT OF ROAD; THENCE NORTH 230 12' 3011 • <CUTH:.O' 02' 3EfaNMING OF THE HEREMAFTER DESCRIBED TpACT; T4E4CE '200 F.E, ;HENCE 5011 EAST, 213.00 FEET; THEN ,y02TH 33� i2• 33" WEST- ?,A�'c2 SECTICtt •r= CF 637 F ------T TO T!i_ t SOi1iH 'a r,' 1 :�J" .AST, A GiSTa1l:12': =� ' � i iCii Li:�E, .> �ISTt.Iz'= CF LI:d= -=E?iC5 EAST, ,aL: _c - 475 T Ti NCZ !iCR:.i ^�u '.C1 :I11 ,v=s� a . �. C= .7LINE C 3A1 D '..a�„yRr:� D - -�c P TME ­'47'rl LINE C= SAID SSIS3 I -C 1-71.346-1 PAGE 3 N. 0 - 23, woo O E S r R I P T 0 :HAT CERTAIN REAL PROPERTY SITUATED IN THE CCLNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCR13ED AS FOLLOWS: PARCEL CNE: 1 BEING A PORTION CF THE NORTHEAST QUARTER OF SECTIGN TEN (IG), TOWNSHIP THREE (3) NORTH, RANGE SIX Cb) EAST, MOUNT CI:.dLC BASE AHO `"E?IDIAN, AND 9zGINNING FOR THE SAME AT A POINT IN THE SOUTH LINE OF SAH QUARTEP SECTICN 170 FEET WEST OF THE SOUTHEAST CORNER OF SAID ;!!ARTER SECTION AND RUNNING WEST ALONG SAID QUARTER SECTION LINE 740 rEET; TrENCE NORTH ANC PARALLEL TO THE WEST LINE OF SAID QUARTEP SECTICN N[i FEET; THENCE _AST AND PARALLEL TO THE SCUT!'. LINE OF SAI^ CUARTER SECTION 747 FEET; THENCE SCUTH 825 FEET TO THE POINT OF PARCEL TWO: A PORTIC14 OF THE NORTHEAST QUARTER OF SECTION TEN (10), TOWNSHIP Tyvcc (3) NORTH, RANGE SIX (6) EAST, MOUNT DIABLO SASE AND MERIDIAN, AND COMMENCING FOR THE SAME AT <. POINT ON THE SOUTH L!NE OF SAID QL'ARTER SECTION 340 FEET WEST OF THE SOUTHEAST CORNER OF SAID QUARTER SECTIC.V AND R.NN1NG THENCE HEST ALONG -SAID QUARTER SECTI!'N LINE 740 FEET; ':!-+_'!CE NORTH PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION, 925 F==T; T'iENC= EA57 AND PARALLEL WITH THE SOUTH LINE .^.F SAID ?UART'cR SECTIoN, 740 FEET; TeENCE SOUTH PARALL-L WITH THE EAST LINE C� SAID QU•:�T=Z SECT!CN £25 F==T TO THE POINT OF BEGINNING. EXCE?T THE WEST 2 ACRES THEPECF. ALSO EXCEPT '.H_REFRCM A PCRTICN OF THE NCRTHEAST '!'• CF SECTICN T=N (:O), TC',*NSHIP THREE (3) NORT!'!, RANGE SIX (5) E13—, ':L?iT CIA2LO 1AS_ AND !'c�IOIA.V, CESCRI3ED AS FCLLCaS: CMMENCING AT A POINT CN THE uTH LI;1_ OF sAl l 1 • .+s:'a ►! 3_ :e=ST Cr TH. SCUiY. .15T CORNER OF S A I V 1!4 SC_'_r'N, THE'10E NORTH 0' 02' 3v" .#EST 3:5.00 FEET TO THE CENTER LINE OF 'C•^.'•iR t4 ROAD; TWE?ICE !!GIRTH 39' 12' 30" '.LEST 634.14O. -FEET TC THE TC•UE. POINT nF BEliNNING OF hEREINAFTER DESCRIBES! TRACT; THSNCE SVUTH 00 77' 30" EAST 213.00 FEET; THENCE SOUTH 89c, 12' 33" EAST 23^.00 FEET; T?'EVCE NCR -.H 00 02' 3C" - WEST 218.00 FEET TO THE CENTER LINE OF SAI(% CCCHRAN ROAO;-THENCE ALONG SAID CENTER LINE OF COCHRAN ROAn, NORTH 890 12' 30" WEST 200.00 FEET TO THE TRUE POINT OF ^".It,.NING. "EXHIBIT A" SS/SB I-0 171346 PAGE 4 'fie::. �,. ,i: t1�.� ; A.' 3 4: '�.:g: 9..7 •.. $� - �i°� :i. t.::iT - •."v'e rta�.''1 .�,{'.;..;,:r,'•:.gib i+Y_,�f.}�.`-.: . Minutes of Sertember 13, 1971 19 1 y"•, Mr. Howard Wallace requested a Use Permit to establish a rest home for USE PSRMIT I the care of six non-ambulatory crib children at 829 South Garfield REST H01 -C Street in an area zoned R -;O, Medium Density Multiple -Family -Resi- dential. 829 711TH The followir._. Terson was present and spoke in favor of granting the GA3EI� D Use Permit: 1. Mr. Howard Wallace, 25187 North Watkins Road, Acarrpo, California. He stated that he and his wife presently care for three such ri children_ at their county address and that they were moving to the O� City. He said the apclication to care for six children was to cove= any Possible future expansion. U It was moved by Commissioner Katzakian, seconded by Commissioner U Altnow and unanimously passed that the above Use Permit of Mr. Howard Wallace be ar•roved with the provision that the oaeration of the home and any necessary improvements to the structure conform to all of the requirements of the various state and local agencies concerned with the welfare of the children. SAN v CA"tis I : CCUNT-Y ti =R.RALS The Planning Commission was in receipt of the referral by the San LTSE P7RMTT Joa--uin County Board of Zoning Adjustment of the request of Mr. John ^E::SIS CLUB Cavell for a Use Perni'� to establish a tennis and swim club on the south side of Cochran Road from 1775 to 2500 feet east of Lower _ j. `L Sacramento Road in an area zoned I -PA, Interim -Protected Agriculture. CCO'lPA: 30AD The Planning lirector introduced the request and stated that the City had recom-mended denial of a Use Permit on the ad4acent property be- cause the area lacked terminal stores drainage. However, the County had aperoved the trevious request. The Director stated that Ns. Cazell had offered some possible solutions to the storm drainage problem which were being investigated by the Public Works Derartment. The following persons were present and spoke on this matter: 1. Ns. John. Ca:ell, 324 La Vida Drive, Lodi. He reviewed his sug- gestions :or resolving the storm drainage problem and stated that all of the parcels between Cochran Road and the extension of :Test Vire Street from the W. I. D. Canal to Lower Sacramento Road would probably seek annexation to the City. 2. Yx- Dennis Sherherd, 126 South Crescent Avenue, Lodi. He stated that he recresented S. & H. Recreation. Developers (i.e., Sun -;lest Swim and Racquet Club) and described the proposed facility which would be oriented toward family recreation. 3. Mr. Nei! Porterfield, 8:0 South Mills Avenue, Lodi. He stated that re lived across the canal from the z_ro_cosed club and favored the arrroval of :he Use Permit. _ Minutes of Septecber 13, 1971 4. ;dr. Albert Stirm, 1001 York Street, Lodi. Although he favored the Use Permit, he expressed concern about lighting and noise adversely affecting, adjacent properties. After further discussion it was moved by Commissioner Robinson, seconded by Commissioner Reid and unanimously Passed that the City Planning Commission recommend to the San Joaquin County Board of Zoning adjustment that the above Use Permit request of vr. John Capell be a::proved with the following conditions: 1. installation of curb, gutter, sidewalk and street lights along the entire Cochran Road frontage; and 2. Drovision of a cul-de-sac turn -around where Cochran Road dead -ends into the Woodbridge Irrigation District Canal. ADJOURR-E tT As there was no further business to be broubht before the Planning Commission., Chairman Gassin declared the session adjourned at 9:15 p.m. The next Regular Session will be at 7:30 p.m., Monday, September 20, 1971 in the Lodi City Council Chambers. Attest: 1 ,;A;: B. SCHROED 7? Director - Secretary l ' 40, GENTLEMEN: ''T:„: '� • •:.ilk c; Enclosed is application U-72-50 for your review, comments, and recommendations. A brief summary of the application is as follows: Proposal: = MABLZSH TENNIS A14D 5;; Ld CLUB Land Area: I� Sanitation: Water Source: Drainage: Parking Area: Observations: so Please return your comments and recommendations to the San Joaquin County Planning Department, 1850 East Hazelton Avenue, Stockton, California 95205. The public hearing on this application will be held on 9-16-71 if your comments or recommendations are returned by they can be included in the Planning Staff's report. Thank you. San Joaquin County Planning Department -1 - • X71 OF i-1 dUST:•a....T . A??LIC:::..T :c/o Dc ..-s :1`r I G.; _,C re Sca'1-.: ci?:^gcc:ass .. 5 ac:i.,....C�_.&9 .......................P=I�°Iy_ 3.-52 17 .................... . J LOCATION: on Llnc .,out': - -• ic..... _...ocl-ran..-:.o�c.,. o - :�� G'' COC' ::r.. 177-5' 2500' :az;;k: of Lower Sacramcnto ... -- -- ................... ..................... .. ............................................. ........................ I ... ....... I ......... I. .......... ..... road, sou of Lodi Legal Crr:.c: o: property Anglican t ,..ail -.ng Address ........................................ ........................................................................ .sops... L ...................... Page .......... ....... =6....... Zonirg........... 1:n A....... Accepted under s: aria:...... : v<:. ...........of Ordinance ESE, a RZQUEST : EST:: LIS :'_� �::� ...=;..D.. '"................. _.... .................. •....---.................._.................... -....- - .... ............................ _... . •................... I (Cde) ce::;f: •or c: c':c: i L;. -.I -:or penalty o: perjury that the forecoinq is true arc cc,. -,:.:t. Signature o: yppliccnt ............. '------------ .---------- ........................... . 37 �r Authorized Representative San Jocyuin County .-�:anning Depart.mert 1350 East Haze!ton Avenue. Stockton, Ca1lfomia 95205 By............:i. Wes z,...Planning Aide ..II............... Date ..... 8-16-71 .................... Public Hearing Fee 525.00 Receipt No....355.7....... _ XT:C:d:.......................................................... by t.~.e.......... I................................................................... on .... . Rea�;o:: for Nation ........................••--........................................................................................................................... n Suoject to the operotionol standards listed on tie reverse side ................................................................................................................ . Director -Secretary .............................................. Date Board of Supervisors action upon appeal frost the decision of the Plarrirg Commission/Board of Ad;t:�::nert• Board.............................................................................................. decision by Resolution dated .................................... . _................. .. .. _SSSS - --- ... , .._- SSSS.. . r AGENDA - BOARD OF ZONING ADJUSTMENT, S. COU!.= Sept. 1i, 1971, Thursday, 7:30 p.m. PUBLIC HZARING MR USE PERMIT 2iO. U -72-15O of JOHN CAPELL, c/o Dennie Shepherd, to establish tennis and scrim club, on the south side of Cochran Roac, from 1775' to 2500' east of Lower Sacramento Road, south of Lodi, in an I -PA Zone. tU RrI S IN BRIEF a S. J. CO. BOARD OF ZONING ADJUSTIMT - Sept. 16, 1971.... 8. John F. Capell (c/o Dennis Shepherd), U-72-50: Permit conditionally approved to establish tennis and swim club, on the south side of Cochran Rd., from 1775• to 2500' east of Lower Sacramento Rd., south of Lodi, in an I -PA Zone. Unan. September 14, 171 Mr. Donald Foster Acting Planning Directcr San Joaquin County 1,350 East Hazelton Avenue Stockton, California Dear Don: Re: Use Permit Application 7o. U-72-50 - Ph-. John F. Cavell C/o `exe Dennis .2. Shepherd. At its meeting of Monday, Septcmber 13, 1971 the Lodi City Planing, ConmiGzion reco=ended the approval of the request of I:r. John Cat -ell, c/o ice. Dennis 2. Shepherd for a Use Pernit to establish a tennis and swim club on the south aide of Cochran _Road from 1775 feet to 2500 feet east of Loner Sacramento Road in an area zoned I -PA, Interim -Protected Agriculture frith the condition that Cochran Road be improved to City standards. City of Lodi street standards would require curb, gutter, sidewalks and street lights as well as a cul-de-sac turn- around where Cochran Road dead -ends into the Woodbridge Irri- gation Diutrict Canal. It should be noted that the City has no terminal storm drain- age facilities, available to the subject property. 'However, our Public Werho Dopartment is presently investigati" alter- nate deans of providing this utility service. Sincerely, Planning Director Jia : }s cc: Mr. John 7. Ca -call i1r. Dennis 3. Shepherd Public :loeks Director i August 15, 1972 Lodi City Marager 221 W. Pine Street Lodi, Calif. 95240 Attn: Mr. Hank Glaves Dear Hank; I recently purehased•25 AC. in the county, south of Cochran Road, between Cornuu_.ity Hospital ?�:id the W.I.D.C. Canal. We are interested in developi: g t'�o, 5 AC, parcels immediately. One would be a rauirement home complex and the other a swim & racquet club. he growth of Lodi in the southwest direction clearly shows our land is in the middle of the lc.Sical growth pattern that Lodi is taking. All city utilites c.^o available to us except storm drainage. We recuest that the city staff initiate a study regard- ing the folloving three proposals which -,ould fulfill city drainage requirements. 1. We build a pond to city specifications which will serve our drainage needs until.the city provides a storm basin to serve us. 2. We build a pond to City of Lodi zpecifications. We drain or pump the drainage Water into the City's pond west of the canal. south of Tokay. The va„e_ ould hence be pumped into the n'.I.D.C. per present agreement. 3. We build a pond to city specIfications. The pump on the Woods property would be reduced fr capacity to divide Its present capacity between it and a second pump, which we would install adjacent to our property c: the eventual Vine Street bridge. Both pumps together equal present Woods pump. Upon City approval of one of these proposals, we wish to have our entire area annexed into the Cit?. Naturally all expense of the above proposals would be born by us. Ve vould hope you can give immediate attention to this matter. Yours t:uly, •.,oh,. ��•?ell. /j2L L^_ Vicki Drive (! Lodi, Calif . JC:j--a 1972 MIYO TO: Planning Co =rsssior. :MOV.: Planning Director SUB.ri.H=— Revised Conci_tions - Sun 'west owi.c, and Tennis Club. rfter a further review of the plans for the proposed Sun :'est Swi:= and Tennis Club, the jt-ff recommends approval with "he.following co ::iti,,:;ns 1. That the deve_apoent be subject to st nd=d City c: :,oi= reu:si~e::jcr. J for off-site _ roverients (excluding „tor.: ._. ,axe w•id a=it.:ari sewer uhich by Citi Co-..Mcil actio: may be termorary) .2• That Cochrzx -4o&.d be establiLhed as a ;5-i00t __4j^'.—Or—%—!q centered CII the present centerline; 3. That a c -..l -de -sac turn -around be de:ic-ted and i_:trcved :here Cochran Road deaaend.. at the SOO t3-^"Q�'y •!T District n:k to the am ^oval .. i f lrri� L1O: .. Cr .�iF.a.._ •,_ _•,F+ - Of the Pulslic :iorks ieparlument; 4• That-- t.Jc_ i y:p0 r: C.^.L yL`.^,a. be ['"L`.a_:teC.`,:ac ert_:@ .=aeAE`,`„II SSI :11$ ;rontaLze on Cochran goad; 5. Tivat the de irn ti ::L off-streettaming facilimiec be Ir confor� &.nce to adopted Cit-. =...rr-in o. 7haz the lamdzca in.. be insta:led to the a. pr ovw of the ::u:=ic ori:E Department; and 7. That a.^. auto.-ated syrinkler Stater be installei to the of the ?ublic 1..10 3's ueDar tmen.. A-72-35 Sun West Swim Club C AF•FLICATION NO. A-72-35 THIS SPACL FOR OFFICE USE C14LY Filing Fee ) PLA14NING COF11•iISSION Received By } CITY OF LODI Vol, Receipt No. ) Date ) r APPLICATION% Application No. ) , Received By ) for+ry Date ) VARIANCE J ri ------------------------------------) rZ, Name of Owner -S,.,: Address </,5, Phone T. -f -C n n4 nt-nrray.+v in nivaa+;nn_ AAdrpnn I `(l l'X]/..l Rel- - zc� �i(/C Between (,c_, r h (I I stpMot and f�W rf, Street Legal Description - Acreage (Attach separate sheet if necessary) Present Use: /,) C.���— 7�0 . ,Cc�::rld % a_ CZUZone: Cite the regulation from which a variance is sought 5•e!' :� �'J ' C l� roc I iF.Jt f• , i rri�wr �) '4/L� Describe the nature and degree of variance sought l2� 10y e e 7 d `� .. I/ / /Y'.C: t'e:.I L (i %� crry e � e te� �•.l � - U P - .S� e ��G � e+.. C...-t�.:.,.rd Attach a plot plan of the premises showing location of existing and proposed improvements and variance applied for. A variance is described by the Zoning Ordinance as follows: "In specific cases where it is exceptionally difficult, if not impos- sible, to comply with the exact provisions of this chapter (Chapter 27, Lodi City Code), the Planning Commission shall have the power to allow such adjustments from the provisions contained herein as gill prevent unnecessary hardships or injustice, and at the same time most nearly accomplish the general purpose and intent of this chapter." The purpose of a variance.is as follows: The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of grant- ing a special privilege not shared by other property in the same vicinity and zone. - 2 - In ordfr that the Planning Commission may make the determinations described above It is necessary that the following statements be completed: 1 There are exceptional or extraordinary circumstances or conditions applicable to the property involved because 2: Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question because 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because L/l �- gnatur pplicant ZMPORTAW Note: i Planning Commission policy requires the applicant be present for the hearing on this application before any action will be taken. The applicant will be notified of the time and place of the hearing. I for department use only Action of Planning Commission on i �" I - Applicant notified of Commission action: Date By; April 2", 1572 :;un -jest .7onnis and Swim Club C/o Pr. Terry iazza ' 4 south 1.1casant flvenue Lo=i, California entlemen: se: Variance - 3eiuce :rant Yard frow 2% fe-A to 7. feet. :t its meeting of ;".onday, I U 249 1972 the Lodi ::ity i lannirg Conmi-nsion aFproved the request of the ;;un Tennis ani :;xim Club by Mr. Terry Piazza for a V%riance to reduce the required front yard fror� ?.0 feet to a rin.a-ur. of 7:'z feet to permit the erection of a wfoot-hii;h fence adjacent to a required cul -do -sac at the east and of Cochran oad in an . _aL zoned :i-1, 3i: rle ; aQily :iesi. enti:Li. In a --.proving your request the Aanning Com-3snion deter - in -.d that a "Zoning; Mirdehin" existed because the City of Lodi had reauire-d the. cul-de-sac which encroached into the Cochran Road front yard aetback nr^u. If the cul-de- aac had :Tot been required, a Variance wo•:1d not be necessary. ^_incerely, ming Director JW.: kr cc: X.r. :tennis Sherherd Jr. Anth•.;ny t hn •�c� rccPr,�cf�" •%� MGCif• Fr 4 ealzt-6r-19, UZI _ G H 1*-" _ :r f ! Ahn U -72 -?9 THIS SPACE FOR OFFICE USS CINLY Filing Fee ----- ) Re— ved By Receipt No. ) Date ) AFFLICATION NO. --72-29 PLANNING COY!iISSION CITY OF LODI Application No. ) APPLICATION Received By ) for Date ) USE. PERMIT -------------------------------------- --------------------C---------------Name Nameof Applicant Address: r , . ' �,� . ,� i `! 1 - ;' - _ Telephone No. - Between -L. Street and Legal Description - Acreage (attach separate sheet if necessary): /",.l '�: -• ; `= _. Present Use % / r? Zone � , Describe the use proposed: �- - , ., , , - l• ' .1 % r / /!' rte' l- �.�.� 4 Attach a plot plan of the premises showing location of existing and proposed improvements. In order that the Planning Commission may make the determinations prescribed by law, it is necessary that the following statements be completed. (If additional space is needed, please use additional sheets and attach.) 1. Please describe the relationship of the proposed use to the other uses in the general area, giving special consideration to degree of compatibility of uses. 2. Please describe methods (i.e., location, design, orientation, etc. of improvement such a:, builiings, drives, walks, fences and walls and land- scaping) which will be used to enhance the compatibility of the present neighborhood uses with the proposed use. r 3. Please describe what devices and techniques will be employed to minimize noise, smoke, dust, fumes, uibraticn, odors and hazards. If applicant does not own `.he property in question, please have the follow- ing "Consent of Owner" sided by owner: I, owner of the above-described property, have familiarized myself with the above application and do hereby give my consent to the applicant az requested in this application for a Use Permit. Date Signature of Owner Phone flailing Address of Owner Signature of,/Applicant I WORTANT / Note: Planning Commission policy requires the applicant be present for the hearing on this application before any action will be taken. The applicant will be notified of the time and place of the hearing. for department use only Action of Planning Commission on l Applicant notified of Commission action: Date: By: l April 10, 1979 Mr. Randy Snider managing Partner Sun West Swim— 6 P.acquet Club 2040 Cochran Road Lodi, CA 95240 Dear Mr. Snider: RE: A1,MO ENT TO USE PERMIT At its meeting of Monday, April 149, 1979 the Lodi City Planning C Commission amended the Use Permit for the Sun West .Nim and Racquet Club to Includa the condition that the club not operate before 7:00 a.m. for the months of June, July and August and 5:00 a.m. the remainder of tie year. This condition is in addition to those established by the Planting Coumtission on April 10, 1972 and November 13, 1973. The new requirement as well as the one added last November grew out of complaints raised by Mr. Bruce Sweigerdt, 747 South Mills Avenue, concerning the operation of the club. It is the Planning Commission's position that if the club operates within the conditions, Mr. Sweigerdt's concerns :►ave been rectified and no further review will be necessary If we ran be of any assistance to you, please feel free to call upon us. Sincerely, JAMES B. SCHROEDER Community Development Director JBS:bjb cc: '1r. Bruce Schweigerdt City Manager City Attorney November 16, 1978 Mr. Pandy Snider Managing Partner Sun West Swim S Racquet Club 2040 Cochran load Lodi, CA 95240 Dear Mr. Snider: RE: AMENDMM TO USE PERMIT At its meeting of Monday, November 13, 1978 the Lodi City Planning Commission amended the Use Permit for the Sun West Swim and Racquet Club to include the condition that the loudspeaker system not be used after 9:00 p.m. This additional condition grow out of complaints raised by Mr. Bruce Schweigerdt, 747 South Mills Avenue, concerning the operation of the club. Since the Commission took no action on Mr. Schweigerdt's other questions concerning the doors on the handball court and the club's operating hours, you may assume that your past practices can continue. The Planning Commission will again review this matter at its first meeting in April, 1979.- Sincerely, 979. Sincerely, JAMES B. SCHROEDER Community DevelopmentDDirector JBS:bjb cc: Mr. Bruce Schveigerdt City Manager May 15, 1991 Lodi City Council 305 West Pine Street Lodi, CA 95240 RE: Use Permit - U-90-30 �• Facilities Er.oansion and Remodel Twin Arbors Athletic Club 2040 Cochran Road70 Appeal Mayor Hinchman: members of the Council: - Let the record of this meeting note the fact that on May 1. 1991, in public session, I requested that the matter of this appeal be delayed until July in order that I might be present to share my concerns in person. My request was denied and as a result I am submitting this document in my absence. to be read in the hearing. I also take careful note of the statement included in the Notice or Public Hearing, namely: If you challenge the subject matter in=court, you rnav 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. Any member of the Council who has a business or other vested interest in this matter should consider removing themselves from this proceeding to prevent a conflict of interest. Any member of the Council who is a member of the Twin Arbors Athletic Club should also consider whether their part in these proceedings is proper. I have filed this appeal on five grounds, as follows: 1. The legality of the proposal 2. The absence of an environmental impact statement 3. The hours and manner of operations of the Club 4. Traffic safety 5. History of poor planning A detailed discussion of each of these points follows, and I would suggest that the Council consider each concern separately in order to facilitate comment. discussion, and an cirwrly process. THE LEGALITY OF THE PROPOSAL On March 7, 1991, City Attorney Bob McNatt issued d memo on the subject of the application of Twin Arbors tennis Club. the result of a request by city staff. I believe that this request was initiated 1 C. . due to neighbor concerns as to the legality of the new and expanded club to exist within a R -i zoned area. Mr. McNatt's memo unfortunately is limited in scope and only addresses '. .whether exercise machines constitute an accessory use to the general classification of 'recreational facilitv.— It is true that the neighbors were concerned about this facet of club operation; however, the overriding issue was the legality of permitting a commercial --�nterprise of this nature to Operate within a R-1 zoned area. This is clearl,i evident in the petition submitted by neighbors which was presented to the Planning Commission prior to the March memo: We the undersigned are concerned that Twin r4rbors Athletic Club's remodel and expansion be in accordance within residential use and zoning of: our neighborhood. That this unprecedented expansion or a commercial entity in a purely single --Family residential area be weighed heavily toward the preservation of Out - neighborhood. the protection of our property values and the safety of our children. We cannot express strongly enough that this is a residential neighborhood zoned R-1 single-family. The property owners in those single - Family homes should be the singularly -most important consideration of your action. (29 signatures reoresentinq 17 neighboring households) In his memo Mr. McNatt cites the relevant section of the Zoning Ordinance (17.09.00-G), but ends his reference by failing to include the most germane point of the section, to wit: The Following uses are permitted in the R-1 district subject to securing a use permit: . . .(G.) Golf course (excluding miniature golf course) and similar recreational uses of a noncommercial nature (emphasis added). There is simply no disputing the fact that the proponents of this development, a Sacramento -based corporation, are seeking to expand a presently non -conforming facility into a full-blown commercial enterprise. The tremendous capital investment that they are making is predicated on a cost -benefit ratio of 3 times current membership. Spare -Time Inc. seeks to "serve" its present customers by increasing demand and usage by 3 -fold. There has been no resnonsible accounting on the part of the developer as to the impact such an increase will have on the surrounding neighborhood; and their assertion that any negative impact will be "mitigated" through the use of shrubbery and a black wall on the north-west corner of the property, and some trees on the north-east corner is plainly ludicrous. The original Sun West facility was established .is .-i private tennis and swim club. The 8/16/71 application for a county use permit. and ( the subsequent hearing clearly document this intent -it the original developers. When the Facility was annexed by the city in April, 1972, it existed as a private tennis and swim club. Over the years the club as evolved (illegally) into a "tennis, swim, and 4'Icness c'_ub temohasis added. Use Permit acolication. 1/11/91). There is nothing in the records to show that .3 use permit was sounht by the owners prior to expanding the club's operation to a "fitness center." In Tact. the conversion of the then existing and approved handball court into a weight room was declared by city inspection to be an "illegal conversion" (4/8/91 letter'). It has been argued that the facility represents a nonconforming use as defined in section 17.03.390 of the Zoning Ordinance. This may very well oe true; however it is my position that in its original use as a tennis and swim club the facility was a nonconforming use when annexed to the city. But in its present form, as a tennis, swim, and fitness center it is an illegal usage; one that was never reviewed and approved by city officials. It has been argued that the fitness services offered by the facility are an accessory use as defined in section 17.03.030 of the Zoning Ordinance, a use which is on'y incidental to those of the general use of the facility. However, ter listening to the proponents of the new and expanded club it is clear that the fitness services that the club plans to offer represent a substantial component of the clubs program. It is highly questionable that fitness services are currently an accessory use in light of the fact that the applicants themselves have included the designation as-ra "Tennis, swim and fitness club" on their 12/90 application for the use permit in answer to the question, "Present Land Use." Furthermore. when architect Tim Mattheis submittea iiqures ror calculating the parking spaces required for the oroiect he 4oresaw this usage: Pool. 20 spaces; Tennis Courts, 26 soaces: 1=xercise services. 31 spaces. Clearly the proponents are seeking to develco more than a tennis and swim club. The City of Lodi is being asked to legitimate a commercial enterprise which has illegally evolved over the years. There are other pertinent definitions found within the Zoning Ordinance which need to be considered by the Council. The first deals with the term club found in section 17.03.190. "Club' means an association of persons for some common nonprofit purpose. but not including groups, organized primarily to render a service which is customarily carried on as a business." Technically it is questionable if this facility was ever a "club." Presently to refer to Twin Arbors as a "club" is euphemistic at best, and fictitious at worst. The other definition appearing within the Zoning Ordinance which the Council needs to consider is that of business or- commerce (17.03.170): "'Business' or 'commerce' means the purchase, sale or other transaction involving the . . . disposition of any . . . service Tor profit or livelihood, including orfice buildings, offices. recreational or amusement enterprises." Clearly, this proposed commercial Facility, which will etmplov 10 - 12 persuns during peak usage hours. if allowed to exist within a R-1 zoned area, render, meaningless the Zoning Ordinance of: the r_ity. If I understand the Zoning Ordinance correctly, realizing the nature . of this proposal, the appropriate zoned district ror thi3 project is that or' P -D (Planned Development) which is designed to accommodate various types or development. . .which can be made appropriately a part of -a planned development (17.33.020). In a P -D zone any and all uses .are permitted: provided that such use or uses are shown in the development plan for the particular P -D zone as approved by the city council (17.3.030)." NO ENVIRONMENTAL IMPACT STATEMENT As part of their application 4 -or a use permit, the proponents are recuired to -File -For .in Environmental 4ssesslnenC. phis was Cone. however city staff determined that the project was cateaorlcally exempt from a formal assessment. It 1s my view that this exemption was at -anted erroneously. The California Environmental duality Act does provide for cateacr:cal exemptions, however this project does not meet the criteria for exemption. When it addresses existing facilities (article '.Q. section 15301-e) the allowance for exemption only applies ii� the addition to the existing facility is no more than bV percent of _he floor area of the structure before the addition, or .500 feet. whichever is less: or 10,000 square feet or less :r tri ;rea ,n which the project is located is not envir-onrhentally sense~_i The Use Permit Application which accompanied the request 4or- ` environmental assessment is clear in stating that the plan calls zor a continued present use, . with remodel of 4.500 sf o+= _launouse with 10,300 sf of additional . . . facilities." These numbers simply do not allow for an exemption, and one should not nave been :,eciared. The developers have repeatedly been asked to provide their assessment as to the impact their club, slated to increase 3 -fold, will have on the neighborhood. They have either been unwilling or unable to respond to this reasonable request. Their assertion that an expanded facility would enhance the values of neighboring properties has consistently been met with scorn by the neighbors themselves. Because the city has exempted the developers from an EIS there is no one who can provide an objective report as to the project's environmental impact. HOURS OF OPERATION The statement of use which the proponents filed with their application stated that . . Hours of operation will be from 5:30 a.m. to 11:00 p.m. (sect;on entitled "Proposed Land Use)." A legitimate concern on tra part of the developers for the R-1 zoned area would have revealed that the current use permit was amended in 1979, '. . . to include the condition that the club not operate before 7:C#0 a.m. for the months of June. July and August and 9:00 .A.m. the remainder of the year. . . . the r-Hsult of neighbor concerns. ` At the February 2'1, 1491 meeting between the proponents and neighbors Mr. Mattheis clearly stated that "The club hours will not permit outdoor recreational activity swimming, tennis or basketball - 4 before 8:00 am all year." This stat,?((gent was also issur=d In ..)r,tin(j and submitted to the Planning Commission as such (letter of =?, addressed to Jim Schroeder). 1 l The matter of closing hours has also venerated much confusion. Because of neighbor concerns the proponents stated at the March 11 meetino that the club would close by !0 P.M.: however it is obvious now that this promise never materialized in written form. In granting the use permit the Planning Commission granted the hours that the oroponents wished: 7 A.M. - ll P.M.. May through August: 3 A.M. - 11 P.M., the remainder of the near. How could these closing hours possibly alt :nto a R-1 toned district? The Noise Regulation Ordinance (No. 1"491 of the City of Lodi, enacted in 1989. states that, "The standards which ,mall be considered in determining whether a violation of this section ibubl►c nuisance noise) exists shall include. . . .whether the nature or the noise is usual or unusual ror the area .irid houe-. (emphasis added). Also considered in this section is tnu proyimity of the noise to residential sleeping facilities: the nature and the toning of the area within which the noise emanates, etc., (section 9.=O.026). In a later section (9.20.030) the noise ordinance estaoli_,nes P.M. as the hour when noise can no longer be generated. ".1h.at -r,a purpose of a city-wide noise ordinance cal1-!ng for- a 11) P.il. standar for noise elimination when the Planning Commission grants . (tee permit to a facility, located in the heart of a resident:.., ,reel. which -allows for operation until 11 P.M,:' TRAFFIC SAFETY Although my residence is not located on one of the streets wnich will be adversely affected by this development, I have a great deal of sympathy for the concerns of those neighbors. The Council may, or may not be aware, that the final proposal by the developers called for a 3 -way stop corner at teach and Cochran streets. The Planning Commission discussed this, however deferred to the Council for action sometime this summer, and proceeded to approve the permit anyway. HISTORY OF POOR PLANNING In March of 1981 the Council was confronted with another situation related to the sister facility of Twin Arbors. The problem centered around the lack of proper parking spaces for the Lodi Sports Center, located on South Hutchins. One man who testi Fred before the Council called the parking problem the biggest in.af(i ever committed by the city's Planning Commission. Mayor Walter Katnich was especially (iisturbeo Uv the developments statlnq that "Word does get around that the said proprietors of the club are having a good laugh. . . that Lt's the r-itv's problem. . . . I don't really appreciate the fact that they think they nulled a fast one on us." 5 The reoorter covering tme muetinq noted that when Mr. Schroeder was asked to explain the snafu :r olannina he said that his deoartment and the Planning Commissicn had little previous experience on parking requirements of such clubs viren the or000sal came before them. "We had never dealt with a racquetball club before." he said. "The assumption was that the people building the racquetball club knew more than we .iia. Obviously. none of us knew anvthina." ("rouncil t;tymied by club parking woes". Lodi News -Sentinel. March 19. 1981). There has been a lona history o+ problems .-jit.h these clubs. Over the past o years since Spare -Time has owned the.Cocnran Rd. Facility it has steadily deteriorated in appearance. Function and use. Thev now hope to renovate the facility and turn it into a profit-making venture. There is no doubt in my mind ^hat it successful in this regard, that profit will come at the expense of the residential neighborhood. We do not want the south Hutchins Street problems transferred to Cochran Road. We have a Zoning Ordinance. designed to establish districts within the community where appropriate development can occur. There :s simply no way that a permit should be granted For a Facility of :his nature to be built in the middle of a R-1 zoned area. To-iliow the granting of this use permit would establistr a very trouolinr[ precedent. CSincerely, Bruce Schweigerdt, MA 747 South Mills Lodi, CA 95242 6 TO: Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 X _- County Clerk County of San Joaquin FROM: City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 Project Title TWIN ARBORS.ATHLETIC CLUB COCHRAN ROAD FACILITY (formerly Sunwest) Project Location - Sped is 2040 Cochran Road APN 027-310-08 Project Location - City Project Location - County Lodi San Joaquin Description of Mature, Purpose, and Beneficiaries of Project Lodi Athletic Club is proposing an expansion and remodel of an existing tennis, swim and fitness club. The proposal will include 8173 square feet of additional exercise, office, locker and lounge facilities. The project will also relocate some existing facilities and expand the parking lot. New landscaping will be installed. Name of Public Agency Approving Project City of Lodi Name of Person or Agency Carrying Out Pro ect Lodi Athletic Club - 1900 South Hutchins Street, Lodi; CA 95240 Exempt Status: (Cbeck One Ministerial (Sec. .21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(x)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)). Categorically exempt (Sec. 21084; 15300) Reasons why project is exe%t: Section 15301 Class 1 (2)(A) & (B) Existing Facilities Project will not result in an increase of more than 10,000 square feet and is located in an area that is served by public facilities and is not environmentally sensitive. Contact Person Area Code Telephone Extension James B. Schroeder, Community Development Director (209) 333-6711 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date,Received forRiling: Community Development Director Revised March 1986 281 May 15, 1991 Lodi City Council 305 West Pine Street u5 Lodi, CA 95240 T RE: Use Permit - U-90-30 t� rn Facilities Expansion and Remodel rn Twin Arbors Athletic Club 2040 Cochran Road r-M�� ; n Appeal M Mayor Hinchman; members of the Council: Let the record of this meeting note the fact that on May 1, 19919 in public session, I requested that the matter of this appeal be delayed until July in order that I might be present to share my concerns in person. My request was denied and as a result I am submitting this document in my absence, to be read in the hearing. I also take careful note of the statement included in the Notice of Public Hearing, namely: 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. Any member of the Council who has a business or other vested interest in this matter should consider removing themselves from this proceeding to prevent a conflict of interest. Any member of the Council who is a member o{ the Twin Arbors Athletic Club should also consider whether their part in these proceedings is proper. I have filed this appeal on five grounds, as follows: 1. The legality of the proposal 2. The absence of an environmental impact statement 3. The hours and manner of operations of the Club 4. Traffic safety 5. History of poor planning A detailed discussion of each of these points follows, and I would suggest that the Council consider each concern separately in order to facilitate comment, discussion, and an orderly process. THE LEGALITY OF THE PROPOSAL On March 7, 1991, City Attorney Bob McNatt issued a memo on the subject of the application of Twin Arbors Tennis Club, the result of a request by city staff. I believe that this request was initiated 1 due to neighbor concerns as to the legality of the new and expanded club to exist within a R-1 zoned area. Mr. McNatt's memo unfortunately is limited in scope and only addresses ". . .whether exercise machines constitute an accessory use to the general classification of 'recreational facility.— It is true that the neighbors were concerned about this facet of club operation; however, the overriding issue was the legality of permitting a commercial enterprise of this nature to operate within a R-1 zoned area. This is clearly evident in the petition submitted by neighbors which was presented to the Planning Commission orior to the March memo: We the undersigned are concerned that Twin Arbors Athletic Club's remodel and expansion be in accordance within residential use and zoning of our neighborhood. That this unprecedented expansion of a commercial entity in a purely single-family residential area be weighed heavily toward the preservation of our neighborhood, the protection of our property values and the safety of our children. We cannot express strongly enough that this is a residential neighborhood zoned R-1 single-family. The property owners in those single- family homes should be the singularly most important consideration of your action. (29 signatures representing 17 neighboring households) In his memo Mr. McNatt cites the relevant section of the Zoning Ordinance (17.09.030-G), but ends his reference by failing to include the most germane point of the section, to wit: The following uses are permitted in the R-1 district subject to securing a use permit: . . .(G.) Golf course (excluding miniature golf course) and similar recreational uses of a noncommercial nature (emphasis added) . There is simply no disputing the fact that the proponents of this development, a Sacramento -based corporation, are seeking to expand a presently non -conforming facility into a full-blown commercial enterprise. The tremendous capital investment that they are making is predicated on a cost -benefit ratio of 3 times current membership. Spare -Time Inc. seeks to "serve" its present customers by increasing demand and usage by 3 -fold. There has been no responsible accounting on the part of the developer as to the impact such an increase will have on the surrounding neighborhood; and their assertion that any negative impact will be "mitigated" through the use of shrubbery and a block wall on the north-west corner of the property, and some trees on the north-east corner is plainly ludicrous. The original Sun West facility was established as a private tennis and swim club. The 8/16/71 application for a county use permit, and the subsequent hearing clearly document this intent of the original developers. When the facility was annexed by the city in April, 1972, it existed as a private tennis and swim club. Over the years the club as 2 evolved (illegally) into a "tennis, swim, and fitness club (emphasis added, Use Permit Application. 12/11/91). There is nothing in the records to show that a use permit was sought by the owners prior to expanding the club's operation to a "fitness center." In fact, the conversion of the then existing and approved handball court into a weight room was declared by city inspection to be an "illegal conversion" (4/8/91 letter). It has been argued that the facility represents a nonconforming use as defined in section 17.03.390 of the Zoning Ordinance. This may very well be true; however it is my position that in its original use as a tennis and swim club the facility was a nonconforming use when annexed to the city. But in its present form, as a tennis, swim, and fitness center it is an illegal usage; one that was never reviewed and approved by city officials. It has been argued that the fitness services offered by the facility are an accessory use as defined in section 17.03.030 of the Zoning Ordinance, a use which is only incidental to those of the general use of the facility. However, after listening to the proponents of the new and expanded club it is clear that the fitness services that the club plans to offer represent a substantial component of the clubs program. It is highly questionable that fitness services are currently an accessory use in light of the fact that the applicants themselves have included the designation as a "Tennis, swim and fitness club" on their 12/90 application for the use permit in answer to the question, "Present Land Use." Furthermore, when architect Tim Mattheis submitted figures for calculating the parking spaces required for the project he foresaw this usage: Pool, 20 spaces; Tennis Courts, 26 spaces; Exercise services, 31 spaces. Clearly the proponents are seeking to develop more than a tennis and swim club. The City of Lodi is being asked to legitimate a commercial enterprise which has illegally evolved over the years. There are other pertinent definitions found within the Zoning Ordinance which need to be considered by the Council. The first deals with the term club found in section 17.03.190. "'Club' means an association of persons for soma common nonprofit purpose, but not including groups, organized primarily to render a service which is customarily carried on as a business." Technically it is questionable if this facility was ever a "club." Presently to refer to Twin Arbors as a "club" is euphemistic at best, and fictitious at worst. The other definition appearing within the Zoning Ordinance which the Council needs to consider is that of business or commerce (17.03.170): "'Business' or 'commerce' means the purchase, sale or other transaction involving the . . . disposition of any . . . service for profit or livelihood, including office buildings, offices, recreational or amusement enterprises." Clearly, this proposed commercial facility, which will employ 10 - 12 persons during peak usage hours, if allowed to exist within a R-1 toned area, renders meaningless the Zoning Ordinai,: of the r_ity_ If I understand the Zoning Ordinance correctly, realizing the nature of this proposal, the appropriate zoned district for the project is that of P -D (Planned Development) which is . .designed to accommodate various types of development. . .which can be made appropriately a part of a planned development (17.33.020). . . . In a P -D zone any and all uses are permitted: provided that such use or uses are shown in the development plan for the particular P -D zone as approved by the city council (17.33.030)." NO ENVIRONMENTAL IMPACT STATEMENT As part of their application for a use permit, the proponents are required to file for an Environmental Assessment. This was done, however city staff determined that the project was categorically exempt from a formal assessment. It is my view that this exemption was granted erroneously. The California Environmental Quality Act does provide for categorical exemptions, however this project does not meet the criteria for exemption. When it addresses existing facilities (article 19, section 15301-e) the allowance for exemption only applies if the addition to the existing facility is no more than 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less; or 10,000 square feet or less if the area in which the project is located is not environmentally sensitive. The Use Permit Application which accompanied the request for environmental assessment is clear in stating that the plan calls for a continued present use, ". . . with remodel of 4,500 sf of clubhouse with 10,300 sf of additional . . . facilities." These numbers simply do not allow for an exemption, and one should not have been declared. The developers have repeatedly been asked to provide their assessment as to the impact their club, slated to increase 3 -fold, will have on the neighborhood. They have either been unwilling or unable to respond to this reasonable request. Their assertion that an expanded facility would enhance the values of neighboring properties has consistently been met with scorn by the neighbors themselves. Because the city has exempted the developers from an EIS there is no one who can provide an objective report as to the project's environmental impact. HOURS OF OPERATION The statement of use which the proponents filed with their application stated that . . Hours of operation will be from 5:30 a.m. to 11:00 p.m. (section entitled "Proposed Land Use)." A legitimate concern on the part of the developers for the R-1 zoned area would have revealed that the current use permit was amended in 1979, ". . . to include the condition that the club not operate before 7:00 a.m. for the months of June, July and August and 8:00 a.m. the remainder of the year. ," the result of neighbor concerns. At the February 21, 1991 meeting between the proponents and neighbors Mr. Mattheis clearly stated that "The club hours will not permit outdoor recreational activity - swimming, tennis or basketball - 4 before 8:00 am all year." This statement was also issued in writing and submittem to the Planning Commission as such (letter of 3/7/91, addressed to Jim Schroeder). The matter of closing hours has also generated much confusion. Because of neighbor concerns the proponents stated at the March 11 meeting that the club would close by 10 P.M.; however it is obvious now that this promise never materialized in written form. In granting the use permit the Planning Commission granted the hours that the proponents wished: 7 A. M. - 11 P.M., Mo; through August; 8 A.M. - I1 P.M., the remainder of the year. How could these closing hours possibly fit into a R-1 zoned district? The Noise Regulation Ordinance (No. 1449) of the City of Lodi, enacted in 1989, states that, "The standards which shall be considered in determining whether a violation of this section (public nuisance noise) exists shall include, . . .whether the nature of the noise is usual or unusual for the area and hour, (emphasis added). Also considered in this section is the . .proximity of the noise to residential sleeping facilities; the nature and the zoning of the area within which the noise emanates, etc., (section 9.20.020). In a later section (9.20.030) the noise ordinance establishes 10 P.M. as the hour when noise can no longer be generated. What is the purpose of a city-wide noise ordinance calling for a 10 P.M. standard for noise elimination when the Planning Commission grants a use permit to a facility, located in the heart of a residential area, which allows for operation until 11 P.M.? TRAFFIC SAFETY Although my residence is not located on one of the streets which will be adversely affected by this development, I have a great deal of sympathy for the concerns of those neighbors. The Council may, or may not be aware, that the final proposal by the developers called for a 3 -way stop corner at Peach and Cochran streets. The Planning Commission discussed this, however deferred to the Council for action sometime this summer, and proceeded to approve the permit anyway. HISTORY OF POOR PLANNING In March of 1991 the Council was confronted with another situation related to the sister facility of Twin Arbors. The problem centered around the lack of proper parking spaces for the Lodi Sports Center, located on South Hutchins. One man who testified before the Council called the parking problem the biggest snafu ever committed by the city's Planning Commission. Mayor Walter Katnich was especially disturbed by the developments stating that "Word does get around that the said proprietors of the club are having a good laugh. . . that it's the city's problem. . . . I don't really appreciate the fact that they think they pulled a fast one on us." 5 The reporter covering the meeting noted that when Mr. Schroeder was asked to explain the snafu in planning he said that his department and the Planning Commission had little previous experience on parking requirements of such clubs when the proposal came before them. "We had never dealt with a racquetball club before," he said. "The assumption was that the people building the racquetball club knew more than we did. Obviously, none of us knew anything." ("Council stymied by club parking woes", Lodi News -Sentinel, March 19, 1951). There has been a long history of problems with these clubs. Over the past 6 year. since Spare -Time has owned the Cochran Rd. facility it has steadily deteriorated in appearance, function and use. They now hope to renovate the facility and turn it into a profit-making venture. There is no doubt in my mind that if successful in this regard, that profit will come at the expense of the residential neighborhood. We do not want the south Hutchins Street problems transferred to Cochran Road. We have a Zoning Ordinance, designed to establish districts within the community where appropriate development can occur. There is simply no way that a permit should be granted for a facility of this nature to be built in the middle of a R-1 zoned area. To allow the granting of this use permit would establish a very troubling precedent. Sincerely, Bruce Schweigerdt, MA 747 South Mills Lodi, CA 95242 6 CITY COUNCIL DAVID M. HINCHMAN. Mayor JAMES W. PINKERTON, Jr. Mayor Pro Tempore PHILLIP A. PENNING JACK A. SIECLOCK JOHN R. (Randy) SNIDER May 20, 1991 CITY OF LODI Mr. Bruce Schweigerdt 747 South Mills Avenue Lodi, CA 95242 Dear Mr. Schweigerdt: CITY HALL, 221 WEST PINE STREET P.O. SOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 FAX (20913 314"S RE: Appeal Use Permit - U-90-30 Facilities Expansion and Remodel Twin Arbors Athletic Club 2040 Cochran Road THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk 803 MCNATT City Attorney At its meeting of Wednesday, May 15, 1991 the Lodi City Council denied your appeal of the Lodi.City Planning Commission's conditional approval of the request of Tim Mattheis, Wenell, Mattheis, Bowe, Inc. on behalf of Twin Arbors Athletic Club for a Use Permit to expand and remodel an existing facility (i.e. Sunwest Tennis and Swim Club) at 2040 Cochran Road in an area zoned R-1, Single -Family Residential. In a related matter the City Council, made the following finding (1) that the existing facilities at 2040 Cochran Road are a conforming use in an R-1, Single -Family Residential zone and (2) that the exercise equipment and related facilities constitute an accessory use. Sincerely, A S B. SCHROED puty City Clerk cc: Tim Mattheis Twin Arbors Athletic Club City Clerk CITY COUNCIL DAVID M. HINCHMAN, Mayor JAMES W. PINKERTON. Jr. Mayor Pro Tempore PHILLIP A. PENNINO JACK A. SIECLOCK JOHN R. (Randy) SNIDER May 20, 1991 Dr. Ronald R. Hilder 808 Tilden Drive Lodi, CA 95242 Dear Dr. Hilder: CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241.1910 (209) 134.5634 FAX (209) 333-6795 RE: Appeal Use Permit - U-90-30 Facilities Expansion and Remodel Twin Arbors Athletic Club 2040 Cochran Road THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk 808 McNATT City Attorney At its meeting of Wednesday, May 15, 1991 the Lodi City Council denied your appeal of the Lodi City Planning Commission's conditional approval of the request of Tim Mattheis, Wenell, Mattheis, Bowe, Inc. on behalf of Twin Arbors Athletic Club for a Use Permit to expand and remodel an existing facility (i.e. Sunwest Tennis and Swim Club) at 2040 Cochran Road in an area zoned R-1, Single -Family Residential. In a related matter the City Council, made the following finding (1) that the existing facilities at 2040 Cochran Road are a conforming use in an R-1, Single -Family. Residential zone and (2) that the exercise equipment and related facilities constitute an accessory use. Sincerely, J ES B. SCHROE eputy City Clerk cc: Tim Mattheis Twin Arbors Athletic Club City Clerk DECLARATION OF MAILING On May 2, 1991 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 May 2, 1991, at Lodi, California. Alice M. Refmche City Clerk m er .i err1n Deputy City Clerk DEC/O1 TXTA.FRM F.* CITY 0F LOQIFDate: NOTICE OF PUBLIC HEARING 15, 1991 CARNEGIE FORUM 305 Nest Pine Street, Lodi 0 p.m. F mation regarding this Public Hearing ontact: Alice M. Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING May 15, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 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) To consider the appeals received from Bruce Schweigerdt, 747 South Mills Avenue, Lodi and Ron Hilder 808 Tilden Drive, Lodi regarding the Planning Commission's conditional approval of the request of Wenneli, Mattheis, Bowe, Inc.; -on behalf of Twin Arbors Athletics Club for a Use Permit to expand and remodel an existing sports club at 2040 Cochran Road 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: Acfice M. Ffeimche ''City Clerk Dated: May 15, 1991 Ap roved aC�.! form: Bobby W. McNatt City Attorney a '-- — ®OWNERS NAME , � I � Iff e - lm �r i iii