HomeMy WebLinkAboutAgenda Report - October 19, 1988 PHCOUNCIL COMMUNICATION
TO: THE CITY COUNCIL COUNCIL MEETING DATE: OCTOBER 19, 1988
FROM: THE CITY MANAGER'S OFFICE
SUBJECT: PUBLIC HEARING TO CUN3DER APPEAL OF VICTOR W. MEYER, G
GRIFFIN PDUSIRTAL PARK, 1350 and 1370 EAST PINE STREET OF THE PLANNING
COMMISSION'S REQUIREMENT TO CONSTRUCT A 7 -FOOT MASONRY FENCE ALONG THE
EAST SIDE OF GUILD AVENUE (CONTINUED FROM SEPTEMBER 28, 1988)
RECOMMENDED ACTION: See the attached Council Communication prepared for the
meeting of September 28, 1988.
ADDIRONAL BACKGROUND ll4;OFA ATION. The City Council continued this matter so
that the following could be determined:
1. What was the desire of the cemetery owner concerning the masonry wall?
2. Where was the exact location of the existing slatted, steel nosh fence?
and
3. Who presently owns the property upon which some of the graves and a
portion of the pump -house encroach?
During the week of October 2-8 the Community Development Director met with IA
Robert Rocha, cemetery owner, and discussed the matter. 1VTc Rocha was requested
to direct a letter to the City Council outlining his concerns.
1A Vic Meyer has presented a drawing to the Public Works Department which was
prepared by Baumbach and Piazza, Consulting Engineers. This drawing indicates the
slatted, steel mesh fence is in its ultimate location (i.e. future property line).
I t has been determined that the parcel located between the old and new property
lines is still owned by Robert Griffin and his partner. It would appear that this
parcel should be shown on the Final W of Griffin Industrial Park as Parcel "A"
and the parcel transferred to the cemetery.
ES B. SCH EDER
ommunity Development Director
Attachment
CC26/TXTD.0IC October 10, 1988
.ate hM �---
.r.`._
Lodi Memorial Cemetery- -, '-' `
5750 East Pine Street ;cai
L� l r }J
P.O. Bos 737
Lodi, California 95241 `` ,:, Cit1-E-
�iiC :E-RI;;>�
y:. J
Telephone (203) 333-7171 }_ r rfn,
OCTOBER 11, 198H
CITY OF LODI
221 W. PINE STREET
LODI, CALIFORNIA 95240
ATTN: ALICE REIMCHE: CITY CLERK
RE: MASONRY FENCE REQUIREMENT IN REGARDS TO GRIFFIN
INDUSTRIAL PARK
Dear Madam Clerk:
As the owner- and curator of The Lodi Memorial Cemetery,
I am writing this letter to clarify my desires concerning
the above referenced project.
Lodi Memorial Cemetery i5 considered by many to be the
historical cemetery of Lodi. Many of L.odi's founding fathers
are buried in GUT cemetery. We pride ourselves on the fact
that Lodi Memorial Cemetery is a peaceful ;nd quiet cemetery,
free from all noise pollution. At any time while walking
through this cemetery the only sounds heard are the birds or
wind rustling through the trees. Our only concern is that the
esthetic value of this cemetery be preserved, not only for
the family's we serve but also for the community.
We have installed an attractive wire mesh fence to
protect and enhance the beauty of L.odi's Memorial Cemetery.
We are however uncertain as to whether a masonry wall or very
lush landscaping along the mesh fence would provide the
privacy and protection this cemetery requires to maintain
it's esthetic value. With these concerns in mind, we will
leave to Mr. Griffin and the City Council that final
lecision.
Thank you for- your concern in regards to this situation.
S' ely,
`"—Rdbert A. Rochs
President, Lodi Memorial Cemetery
Lodi Memorial Cemetery
n�
5750 E. Pine Street ~
P.U. Box 737
Lodi, California 95241
City Ci
221 i•1esi: Street
Lodi, California 95240
'.TTN: Alice Reimche: City Clerk
CITY OF LODI
• • PUBLIC WORKS DEPARTMENT
TO : City Council
FROM: C i t y Manager
MEETING DATE: September 28, 1988
CCO=U-NCILVII-MAUNICATION
AGENDA TITLE: Public Nearing to Consider Appeal of Victor W. Meyer,
Representing Griffin Industrial Park, 1350 and 1370 East
Pine Street, of the Planning Commission's Requirement to
Construct a - Foot Masonry Fence Along the East Side of Guild
Avenue
RECOMMENDED ACTICN: That the City Council deny the appeal and approve the
Planning Commission's recommendations.
BACKGROUND Il4;0RMATUN At its meeting of August 22, 1988, the Lodi City
Planning Commission conditionally approved the tentative subdivision map of
Griffin Industrial Park, a 19.52 -acre, 45 -lot tract located at 1350 and
1370 East Pine Street, Lodi, in an area zoned M-2. The subdivision is
located immediately west of the Lodi Memorial Cemetery which is in the
County. See Exhibit A.
The letter of conditional approval for the subdivision is attached as
Exhibit B. Item 6 of the conditions requires "that Guild Avenue conform to
the cross-section depicted on the attached sketch" . The sketch is attached
as Exhibit C and shows a masonry wall on the east side of Guild Avenue to be
built by the developer, and the east half of Guild Avenue being constructed
by the City.
A copy of Vic Meyer's letter appealing the requirement for a 7 -foot
masonry fence is attached as Exhibit D.
A standard City requirement where commercial or industrial zoned property
abuts to any type of residential property is to require a masonry wall. It
is also a standard City requirement to require all street improvements within
the developnient to be the responsibility of the developer except on limited
access major arterials. VAm a street centers on a property line, the
adjacent property that will be using the street for access would normally pay
for one-half of the street improvements and one-half of sanitary sewer and
water installations.
The specific plan for Guild Avenue (formerly Myrtle Avenue) was adopted in
February 1972 by Resolution 3592. When it was later determined that some
graves and an existing building housing a well were outside the cemetery
prcperty, the specific plan was amended by Ordinance 1204 in June 1980,
requiring additional dedication by the owner of the Griffin Industrial Park.
APPROVE:-~_-�`r�.0")- tUt -�./ r I FILE h0.
CGRIFFIN/TXTW.02M September 20, 1988
City Council
September 28, 1988
Page 2
Both the original specific plan and the revised alignment are shown on
Exhibit E. Since the revision, a chain link fence with slats has been
installed by the owner of Lodi Memorial Cemetery.
Even though the use difference between the two properties does not meet
normal requirements, a masonry wall would provide both a visual and a sound
barrier wall between the cemetery and the industrial property, It is
apparent that the cemetery, because of the existing layout and use, will
probably never need or wish to have access to Guild Avenue. A a
consequence, possibilities for participation in the cost of street
improvements are essentially nonexistent, even though it would normally be
its responsibility.
Both the masonry gall and responsibility for construction of the east half of
the street have been discussed previously, but no record can be found in
either the Planning Commission or City Council minutes.
Possible Council actions include the following:
1. Deny the appeal. Construction of east half of Guild Avenue by City;
construction of cemetery wall by developer.
2. Approve the appeal. Construction of east half of Guild Avenue by City;
construction of cemetery wall either by City or cemetery, or no wall at
all.
3. Approve the appeal but make appropriate modification of the Planning
Commission conditions:
° make the developer responsible for all of Guild Avenue; and
refer the matter back to the Planning Commission.
It is recommended that the City Council deny the appeal and determine that
the Planning Commission conditions, having the City pay for the east half of
Guild Avenue and the developer install a 7 -foot masonry fence along the
cemetery prop rty, are appropriate.
a e B. Schroeder
01 c MMbo& Director unity Development Director
JLR/GER/mt
A ttach rents
cc: Community Development Director
CGRIFFIN/TXTW.02M
September 20,
1988
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MY COUNCIL
JAMESW PINKERTON, Jr.. Niayor
JOHN R. 'Randv) SNIDER
i Mayor Pxo Tempore
DAVIt3 Vit. HINCHMAN
EVELYN M.OLSON
FRED M. REM
August 23, 1988
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
TELECOPIER :(209) 333-6395
Nk Victor Meyer
c/o Vic Stever Engineering Associates
4 North Main Street
Lodi, CA 95240
Dear Vic:
RE: Tentative Subdivision Map 88 S 007
Griffin Industrial Park
1350 and 1370 East Pine Street
Exhibit B
THOMAS A PETERSON
City Manager
ALICE til REIMCHE
City Clerk
BOB,'AcNATT
City Attorney
At its meeting of Monday, August 22, 1988 the Lodi City Planning
Commission conditionally approved the Tentative Subdivision Map of
Griffin Industrial Park, a 19.52 acre 45 -lot tract located at 1350 and
1370 East Pine Street (APN's 049-090-27 and 28) in ar: area zoned M-2,
Heavy In.;ustrial.
The Planning Commission's approval is subject to ,:he following
conditions:
1.
that the developer enter into all applicable agreements;
installed during improvement
2.
that the developer pay all appropriate fees in effect at
time of
be 30
Final Map filing for:
on alternate property lines,
and
Master Drainage Sewer Connection
shall be a 30 -foot wide
cross-over easement shown on
Intract Drainage Sanitary Sewer Reimbursements
Final
Engineering
3.
that public utility easements as required by the various
utility
companies and the City of Lodi be dedicated;
4.
that all corner cutoffs be for a 35 -foot radius;
5.
that engineered improvement plans be prepared for all
public
improvements prior to Final Map filing;
o,
that Guild Avenue conform to the cross-section depicted
on the
attached sketch;
7.
that the developer install all off-site utilities and
street
improvements ;
8. that
if driveways are to be
installed during improvement
of
subdivision without building layouts for specific Sots, they
shall
be 30
feet in width, centered
on alternate property lines,
and
there
shall be a 30 -foot wide
cross-over easement shown on
the
Final
Subdivision Map;
Me Victor Meyer
August 23, 1988
Page 2
9. that storm drainage facilities be extended to all lots which may
be accomplished with joint use of oil separation unit near joint
property line;
10. that Myrtle Avenue be renamed to avoid the creation of future
confusion ;
1.1. that the developer provide necessary right-of-way for curb return
a t southeast corner of Guild Avenue and Pine Street;
12. that the strip parcel between the last right-of-way line of Guild
Avenue and Cemetery and its final disposition be shown on the
Final Map; and
13. that full protection be provided per Fire Department requirements.
Section 16.36.010 of the todi Municipal Code (Subdivision Ordinance)
provides the following appeals procedure:
"Procedure. Any person adversely affected by any
decision of the advisory agency (i.e. Planning
Commission) may file a complaint with the City Clerk
concerning such decision. Any such complaint shall be
filed with the City Clerk within fifteen. (15) days
after the action which is the subject of the complaint."
Your appeal, if any, must be in writing and directed to Alice M,
Reimche, City Clerk, Call Box 3006, Lodi, CA 95241-1910. It must be
received by her by 5:00 p.m., Tuesday, September 6, 1988.
In a related matter the Planning Commission certified the filing of a
Negative Declaration by the Community Development Department as
adequate environmental documentation on this request.
Sincerely ,
JAMES B. SCHROEDER
Community Development Director
Enclosure
cc: Robert L. Griffin
City Clerk
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PUBLIC WORKS DEPARTMENT
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GRIFFFIN INDUSTRIAL PARK
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Exhibit D
City Council
f City of Lodi
22! W. Pine Street
Lodi, Ca. 95240
Att: A. Reimcne-City Clerk
Re: Tentative Subdivision Mao 88 S 007- Griffin Industrial
Park.
Dear Sirs;
Please accept this letter as notice of our appeal of the
Planning Commission requirement to construct a 7 foot high
masonary fence along the East side of Guiid Ave. of the
above subject Subdivision.
Thank you for your attention to this matter.
ictor W. Meyer' RCE 13406
s
CITY CSF LODI
PUBLIC WORKS DEPARTMENT
Exhibit E
GUILD AVENUE SPECIFIC PLAN
NOTICE OF PUBLIC HEARING
TO CONSIDER THE APPEAL OF VICTOR GI. MEYER,
RE[VR0 TIM GRIFFIN PCUSIRIAL PARK, 1350 AND 1370 EAST
PINE STREET, LODt OF THE PLANNNG COMMISSION'S REQUIREMENT
TO CONSTRUCT A 7 FOOT HIGH MASONRY FENCE ALONG THE EAST SIDE
OF GUILD AVENUE
NUTCE IS HEREBY GIVEN that on Wednesday, September 28, 1988 at
the hour of 7:30 pm., or as soon thereafter as the matter may be heard,
the Lodi City Council will conduct a public hearing to consider the
appeal of Victor W. Meyer, representing Griffin Industrial Park, 1350
and 1370 East Pine Street, Lodi, of the Planning Commission's
requirement to construct a 7 foot high masonry fence along the east
side of Guild Avenue.
Information regarding this item may be obtained in the office of the
Community Development Director at 221 West Pine Street, Lodi,
California. All interested persons are invited to present their views
and comments on this matter. Written statements may be fi 1 e d 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, Lodi, California, at or prior
to, the Public Hearing.
y Order Of the Lodi City Council:
ATi�ef M. R "
R imche
City Clerk
Dated: September 7, 1988
Approved as to form:
Bobby W. McNatt
City Attorney
PH/46
TXTA. 02D
NU1110E OF CONTINUED PUBLIC HEARING
TO CON3DIR THE APPEAL OF VICTOR W. MEYER,
REPRESENTING GRIFFIN INDUSTRIAL PARK, 1350 AND 1370 EAST
PIN"r STREET, LODI, OF THE PLANNING COMIMISSION'S REQUIREMENT
TO CONSTRUCT A 7 FOOT HIGH MASONRY FENCE ALONG THE EAST SIDE
OF GUILD AVENUE
NOTICE IS HEREBY GIVEN that on Wednesday, October 19, 1988 at the
hour of 7:30 pm., or as soon thereafter as the matter may be heard, the
Lodi City Council will conduct a continued public hearing to consider
the appeal of Victor W. Meyer, representing Griffin Industrial Park,
1353 and 1370 East Pine Street, Lodi, of the Planning Commission's
requirement to construct a 7 foot high masonry fence along the east
side of Guild Avenue.
Information regarding this item may be obtained in the office of the
Cormunity Development Director at 221 West Pine Street, Lodi,
California. All interested persons are invited to present their views
and comments on this matter. Written statements may be filed with the
City Clerk at any time prior to the hearing scheduled herein and oral
statements may be made at said hearing.
If you challenge the subject matter in court you may be limited to
raising only those issues you or someone else raised at the Public
Hearing described in this notice or in written correspondence delivered
to the City Clerk, 221 West Pine Street, Lodi, California, at or prior
to, the Public Hearing.
By Order Of the Lodi City Council :
&L', �a. &4xtA�'l
Alice M. Reimche
City Clerk
Dated: September 28, 1988
Approved as to form:
Bobby W. McNatt
City Attorney
Pki/ 66
TXTA.02D
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CITY COUNCIL
JAMES W. PINKERTON. Jr.. :�tavor CITY OF L O D I
JOHNR. (Randy) SNIDER
Mayor Pm Tempore CITY HALL, 221 WEST PINE STREET
DAVID M.HINCHNIAN CALL BOX 3006
EVELYN N1 0 L S 0 N LOM, CALIFORNIA 95241-1910
FRED 10 REID (209) 334-5634
TELECOPIE2 (209) 333-6795
October 24, 1988
MI: Victor 14. Meyer
c/o Vic Meyer Engineering Associates
4 North blain Street
Lodi, CA 95240
Re: Tentative Subdivision Nap 885007
Griffin Industrial Park
1350 and 1370 East Pine Street
Dear 114 Meyer:
THOh1A5 A PETERSON
City ,%ianager
ALICE M REIMCHE
City Clerk
BOB N 4ATT
City Attorney
This letter will confirm action taken by the Lodi City Council at its
regular meeting of October 19, 1958 following the Public Hearing to
consider your appeal of the Planning Commission's requirement to
construct a 7 -foot masonry fence along the east side of Guild Avenue
which was a condition in the approval of the above referenced Tentative
Subdivision Map.
The Lodi City Council granted the appeal and therefore you will not be
required to construct the fence.
Should you have any questions regarding this matter, please do not
hesitate to call this office.
Very truly yours,
&, u A? - c3;cc ✓
Alice M. Reimche
City Clerk
AMR:JJ
cc: James B. Schroeder
Community Development Director
DECLARATION OF MAIM
On October S, 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 "6" 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 October 5, 1938, at Lodi , California.
ALICE M. REIMCNE
City Clerk
J, ' • Jo so
I}eputy r !Y Clerk
DEC/01
TXTA.02D
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