HomeMy WebLinkAboutAgenda Report - April 20, 1988 PH (14)C 0 N C I L C 0 M M U N I C A I. 0 N
TO: THE CITY COUNCIL COUNCIL MEETING DATE: April 20, 1983
FROM : THE CITY MANAGER'S OFFICE
SUBJECT: PUBLIC HEARING APPEALING TWO CONDITIONS ESTABLISHED BY THE PLANNING
CJONPAIISSON ON THE APPROVAL OF THE TENTATIVE SUEDIVISION MAP OF MOKELUMNE
VILLAGE
INDICATED ACTION: Conduct a public hearing to consider the appeal c f Michael
D. Hakeem, Attorney at Law, representing David Arnaiz on behalf of the H.D. Arnaiz
Corporation on the following conditions imposed by the Planning Commission on the
approval of the Tentative Subdivision Map of Mokelumne Village East, a 9.2 acre,
38 lot, single-family residential project proposed for the northwest corner of
State Route 99 and East Turner Road:
1. that the developer install a water main crossing at State Route 99 with the
City paying one-half the water main cost; and
2. that the developer provide access right-of-way to an existing sewage lift
station from a cul-de-sac with the City abandoning existing access.
At the conclusion of the hearing the Council may approve all, part or none of the
appeal.
BACKGROUND INFORMATION: Since the conditions being appealed are distinctly
different types of requirements, it is appropriate that they be reviewed
separately.
The Planning Commission required the water main crossing because the City's water
main extension policy is spelled out in Sections 13.08.070 through 13.08.140 of
the Lodi Municipal Code (Pages 221 and 222). The Planning Commission i s not
empowered to amend or interpret these sections.
The City Attorney, during the discussion of this item before the Planning
Commission, indicated that he was concerned about a requirement for a water main
extension by a developer when his subdivision was already served by existing
facilities. 1-b informed the Commission that existing Government Code Sections
require a City to show a nexus between subdivision conditions and the burden the
developer i s creating.
The second item being appealed is quite another matter. The developer wishes to
give additional access on Turner Road to an existing sewage lift station. The
Planning Commission rejected this proposal because it (1) would be hazardous to
pedestrians and vehicles on Turner Road; (2) would create a hole in the reverse
frontage fence; (3) would invite vandalism to the lift station; and (4) would
require additional landscaping and other maintenance.
The Planning Commission required an access similar to the one at the intersection
of Shady Acres Drive and Cabrillo Circle which i s located between two lot lines at
the end of the cul-de-sac. This solution solves the problems listed above and is
v7 y low maintenanc .
1 e4_�
JMSB. SCHRUELWR
o u0 ty Development Director
Attachment
CG6/TXTD.OIC April 13, 1988
March 31, 1988
City of Lodi
City Hall
211 West Pine Street
Call Box 3006
Lodi, CA 95241-1910
ATTN: Mr. James B. Schroeder
Communitv Development Director
RE: Mokelumne Village East
File No. 875016
Dear Mr. Schroeder:
In connection with the above -captioned
matter, and that certain tentative map approved by
the Lodi Planning Commission on Monday, March 28,
1988, this correspondence will confirm that. the
applicant respectfully requests the opportunity to
appeal to the Lodi City Council concerning the following
conditions:
1. The requirement to be responsible for
one-half of the cost for the installation of the water
main crossing at Highway 99. This was previously
referenced under the City of Lodi, Public Works
Department letter dated March 18, 1988 to the applicant
as condition No. 2.
2. The requirement to provide access right-
of-way to sewage lift station from cul-de-sac. This
was previously referenced under the City of Lodi,
Public Works Department letter dated March 18, 1988
to the applicant as condition No. 10.
With respect to the above conditions, I
have been advised by Mr. Ron Stein, City Attorney,
that this correspondence will serve to appeal the
above -referenced conditions to the City Council.
Please advise concerning the City Council hearing date
relative to this continuing file.
Mr. James B. Schroeder
Community Development Director
March 31, 1988
Page Two
Thank you for your courtesy and cooperation in
processing this matter.
MDH/dy
Very truly yours,
RISHWAIN, HAKEEM & ELLIS
A Professional Corporation
MICHAEL D. HAKE M v
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SEWAGE LIFT STATIONT�T�
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V
MEMORANDUM, City of Lodi , Community Development Department
TO: CITY COUNCIL
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
DATE : APRIL 19, -1988
SUBJECT: MOKELUMNE VILLAGE EAST
NEGATIVE DECLARATION
The Community Development Department has filed a Negative Declaration for
the Mokelumne Village East project. It i s recommended the Negative
Declaration be certified with the following conditions:
1. That a noise analysis be conducted on the project. The analysis
should include recommendatioos for noise reduction measures to bring
interior noise levels down to acceptable noise levels of less than 60
Ldn. There should also be a followup analysis once the houses have
been constructed to determine the effectiveness of the noise reduction
measures. The analysis should be done by a qualified acoustical
consulting firm, paid for by the developer.
2. Approval of the tentative map must include one of the following:
a. Dedication of a public easement to the Mokelumne River to
provide for reasonable public access to the river as required by
the Subdivision Map Act.
b. The City can approve the map without the easement dedication if
a finding that reasonable public access to the Mokelumne River
is available within a reasonable distance from the subdivision.
If there is no public easement dedication, some provision should
be made for access to provide for long-term maintenance and
emergency service for the area adjacent to the river.
GECLARATION OF MAILING
On April 8, 1988 in the City of Lodi, San Joaquin County, California, I
deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that tiie foregoing is true and correct.
Executed on April 8, 1988, at Lodi, California.
DEC/01
TXTA. 02D
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, April 20, 1988 at the hour of 7: 30
p.m., or as soon thereafter as the i,.iatter xray be heard, the Lodi City Council
will conduct a public hearing to consider the appeal of Michael D. Hakeem,
Attorney at Law, Rishwain, Hakeem and Ellis, 2800 West March Lane, Suite 200,
Stockton, California, representing David Arnaiz on behalf of the H. D Arnaiz
Corporation on the following conditions imposed by the Planning Commission on
the approval of the Tentative Subdivision Map of Mokelumne Village East, a 9.2
acre, 38 lot, single-family residential project proposed for the northwest
corner of State Route 99 and East Turner Road:
1. the requirement to be responsible for one-half of the cost for the
installation of the water main crossing at Highway 99.
2. The requirement to provide access right-of-way to the sewage lift station
from cul-de-sac.
Information regarding this item may be obtained in the office of the Community
Development Director at 221 Nest Pine Street, Lodi, California. All interested
persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the
hearing scheduled herein and oral statements pray 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
Alice M. Reimche
City Clerk
Dated: April 6, 1988
A o ed a form:
lWmad N. S ein
City Attorney
PH/04
TXTA.02D
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"IIY COUNCIL
EVELYN,Ni OLSON_',Iiyo,
iOHN R (Randy) SNIDER
Nlavor Pro Tempore
DAVI1) M HINCH-NIAN
)AME S W. PINKERTON, Ir
FRED NI, REID
CITY OF LODI
Mr. David Arnaiz
H. D. Arnaiz Corporation
taw Offices of
Rishwain, Haran & Ellis
2800 West March Lane
Suite 200
Stockton, CA 95207
Gentlemen:
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 9-5241-1910
(2091 :334-5634
Ii LFCOPIER . (209) 333-6795
April 22, 1988
THOMAS A PETERSON
City Manager
ALICE M REIMCHE
City Clerk
RONALD M STEIN
City Attorney
This letter will confirm that, following a public hearing concerning
the matter, the Lodi City Council took the following actions regarding
the Mokeharrme Village East project:
1. Certified the filing of a Negative Declaration as adequate
environmental documentation with the following condition:
a) That a noise analysis be conducted on the project. The
analysis should include recommendations for noise reduction
measures to bring interior noise levels down to acceptable
noise levels of less than 60 Ldn. There should also be a
follow-up analysis once the houses have been constructed to
determine the effectiveness of the noise reduction measures.
The analysis should be done by a qualified acoustical
consulting firm, paid for by the developer.
2. Introduced Ordinance No. 1424 amending the Land Use Element of the
Lodi General Plan by redesignating the 9.2 acre parcel at the
northwest corner of State Route 99 and East Turner Road from
Commercial to Low Density Residential.
3. Introduced Ordinance No. 1425 rezoning the 9.2 acre parcel at the
northwest corner of State Route 99 and East Turner Road from C -S,
Commercial Shopping to R-1, Single Family Residential.
Further, following a public hearing concerning your appeal regarding
certain conditions imposed by the Planning Commission on the approval
of the Mokelurrme Village East Tentative Subdivision Map.
Page No. Two
a ) In the matter pertaining to the requirement that the developer
is responsible for one-half of the cost for the installation of
the water main crossing at Highway 99, Council instructed staff
to enter into negotiations regarding the subject looping and
placed a nu&run cost responsibility to the developer at 50%of
the total cost of the installation.
q) In the matter of the requirement to provide access right-of-way
to the sewage lift station from the cul-de-sac, Council den-ied
the appeal; however indicated that it would not be opposed to
the developer and city staff working out a solution that would
be acceptable to the Planning Commission.
Should you have any questions regarding this matter, please do not
hesitate to call this office.
AMR:jj
cc: James B. Schroeder
Community Development Director
Jack Ronsko
Public Wc& Director
.. ..:.... .
Very truly yours,
Alice M. Reimche
City Clerk
BAUMBAGH & PIAZZA, mic.
May 10, 198ri
Mrs. Alice M. Reimche
city Clerk
Cit , of Lodi
221 West Pine Street
Lod-, CA 95240
Lear Mrs. Reimche:
323 West Elm Street
J Lodi, California 95240
Phone (209)368-6618
JOB NO. 8837
file no. 8837.rei.
Lodi Memorial Hospital is requesting a continuance for a
public hearing to consider the Lodi Memorial Hospital
appeal of the Planning Commissions decision on March 28,
1988. We will contact your office in the next few days to
request a date.
If you have any questions, please call me.
Sincerely,
GLEN 1. BAUMBACH
President
GIB.jc
cc: Richard E. Sanford, Lodi Memorial Hospital
Ben Schaffer