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HomeMy WebLinkAboutAgenda Report - December 2, 1987 PHCITY COUNC.L MEETING rECE"I ER 2, I987 PUBLIC HEARINGS Notice thereof having been published according to law, an affidavit of which publication is on file in the office of APPEAL OF TIM the City Clerk, Mayor Olson called for the Public VALLEM, T.J. AND Hearing to consider the appeal of Tim Vallem, T. J. and THE DUCK, 698 WEST the Duck, 698 West Lodi Avenue, Lodi, of the Planning LODI AVE., LODI, OF Commissions approval of the Tentative Parcel Map 87 P Ola THE PLANNING concerning 610 West Lodi Avenue and 708 West Lodi Avenue, COMMISSIONS Lodi. APPROVAL OF THE TENTATIVE PARCEL Following introduction of +.he matter by City Manager MAP 87 P 014 Peterson, Community Development Director Schroeder presented the staff report, including diagrams of the subject area, CC -53(b) and responded to questions regarding the ;natter. Mr. Schroeder outlined the Planning Ccmmissions conditions of approval and the compromise parking plan which was to be used during the construction period cf Taco Bell and the new buildings. Speaking in favor of the appeal were: 1. Mr. Tim Vallem, 698 West Lodi Avenue, Lodi 2. Ms. Eileen St. Yves, 310 South Orange, Lodi 3. Mike LaCuyer, Manager of Lucky's Market, 530 West Lodi Avenue, Lodi Speaking in opposition of the appeal were: 1. Cecil Dillon, 1820 West Kettleman Lane, Lodi 2. Manual Rocha, Rocha's Shoe Repair, 692 West Lodi Avenue, Lodi 3. Harry Bader, 341 LaVida Drive, Lodi 4. Fred Lewis, 1000 West Lodi Avenue, Lodi There being no other persons wishing to address the Council regarding the matter, the public portion of the hearing was closed. A lengthy discussion followed with questions being directed to Staff. CONTINUED DECEMBER 2, 2987 on motion of Council Member Reid, Snider second, Council denied the appeal of Mr. Tim Valles for approval of the Tentative Parcel Map 87 P 014 concerning 610 West Lodi Avenue and 708 West Lodi Avenue, Lodi. TO_ THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE :)TTI\'! TI. fX?111ATi?NTCaTT. I DATE: NO December 2, 1987 SUBiECT: TIMOTHY VALLEM APPEAL OF APPROVAL Or PARCEL REAP 87 P 014 INDICATED ACTION. Hear the appeal of Timothy Vallem of the Planning Commission's approval of the request of Dillon Engineering on behalf of Harry S. Bader, for a Tentative Parcel Map to divide 610 West Lodi Avenue (i.e. APN 033-190-31) into Parcels "A" and "B", and to join 708 West Lodi Avenue (i.e. APN 033-190-28) to new Parcel "B", in an area zoned C-1, Neighborhood Commercial and take the appropriate action. BACKGROUND INFORMATION For some period of time Harry S. Bader has been attempting to redevelop a shopping center at 610 West Lodi Avenue, which presently houses two restaurants, a beauty shop, a barber shop, a shoe repair business and a laundrom)t. Mr. Vallem is the owner of one of the restaurants, T.J. and Th:� Duck. For many years the site was the home of the Pizza Garden. Dr. Bader's plans are to sell Parcel "A" to the owners of Taco Bell for a new location, to build two new structures on Parcel "B" to house his present and future tenants and to remove most of the existing structures. The existing structures will not be removed until the present tenants can be housed in the first building to be erected on Parcel "B". At the October 12, 1987 meeting of the Planning Commission, Mr. Vallem and other tenants voiced their concern about the loss of off-street parking during the time that the new Taco Bell was under construction. The tenants feared that their businesses would be adversely affected if adequate parking was not available. The Planning Commission continued the matter until October 26, 1987 so that the City Staff and Dr. Bader's engineer could develop an interior parking plan. The interim parking layout was present,d to the Commission at the meeting of the 26th and that plan, as well as the Parcel Map, were approved. Apparently, although not stated in the appeal, Mr. Vallem is still not satisfied that he will be able to conduct his business without interruption or hardship. qAMJS B. SCHROE R kg*unity Development Director Attachments CC13/TXTD.0IB A*W7AC� r LW g� OWN" aft r A , PAR= I i Awpow Iter LM p001H � llr,t�4 L'! f r g� a.1.1..a.✓L �. dJ r PAR= I i • i 1 i I I I I TENTATIVE MAP AM • oar toes 0 800 prq swrw 0 toy" Woom xww wig 9 M "raw pol if—ma IaAe=M: .0 ww—'l= A �to�iu Alit owlw 411..ow"" f10►1ry r< Ae mrr I ua =W" S M .01 a^ ma s carer." atswr� u raaow IgAR A A IM1Y1' v l�f w1/f s 1C1 m 1f. woov ! OWK AM4 I Mr.. Now? M/ w ro rwvm4K nemp'o 0 " OAa 04r MMW. ra avm rM1104Mlr Or.100® N pwo" eow awrmoe liwo K u 010A ww AMr awmw Aman aw no on— pow R Ifsh000 Or K w C004M s P%%lWrlr 9WrMM OVA= 10M Or x Jr 001 47.W1 APCs OWOO r V W Carr #MOO OW.. ROM pr1M Or K Jr CAST &?AM 040= O Wr Or W 00► !Ma My 10 At ow relrr O w0wo 0 awfAme We Sam am er UML HARRY S. BADER . 610 W. LODI AVENUE 87 P 014 10-12-87 `to LODI ` t PUBLIC WORKS DEPARIMENIT n •i,�og�► I-% V I I \ r1 %_4 I— I.0 " t c_ a TRAFFIC VOLUME MAP 1985--1986 0 Q N c i v a - a 9- v 2 > _ '' IIER5 LN i a,oclp o � " ofi ; :.: _� TURNER RpA(1 4 � ,OOp I1,Yi: l�.t\lU ICa00 QQ 1S l00 12-%W 9,-00 T300 2.000 a o0 Ct o Q a LOCKEFORD i STREET i F e.n.x -4%w .0.0c* rp00 Vli " ES+ "' STREET •.S00H w 2.-00 S Z DINE w W STREET I J n i wm cc ¢ -.000 W W W �'1, Q J J ~ ,.. F N ~ Z J '. LODI p 8 AVENUE s.00e 1.000 � ���jj ��* .x,500 W Y Q .> TOKAY ' c -- ` STREET r0 W ow K vQi VINE STREET a Z ` J 4 m Z Z K O (rc = v v y 3 ... a x x R = V .:O "y U J •. 3 6 Q i., J V LANE KS TLEMAN ,0.l00 ' 13,U0� 1),:0� ttyt i CENit)RY BLVD _? 1.,�..� .o...... xat HARNEY 0 °- LANE 1 NOTE: Figures based on counts, no seasonal adjustment except State Highway co,,r ate annual average days. Peak month days are G;roy tc'ly 2'1 higher. (reported by Cal -Trans ROAD in Mr. Cecil Dill of CA Dillon Engineering October 2, 1987 Page 2 S. That on-site fire protection be prU..aed per Fire Department requirements; 6. That the Map contain the standard note re: "Requirements to be met at time of development or Building Permit"; 7. That the developer provide landscape and sprinkler plans in _,,,,Conformance with City policy; 8. That"Siildings .on proposed lot line be removed prior to Final Map 9. That -additional public utility easements be dedicated on the map, if possible, rather than by separate instrument; 10. That the driveway be of special commercial design conforming to Standard Plan 111; I.I. That driveway installation and water main relocation, be done at time of Building Permit issuance.and that the water main be looped from Lodi Avenue to the 6" main in the easement near the southwest corner of the parcel; 12. That the final Map show all existing easements to be retained; and 13. That crossover agreements between Parcels "A" and "B" be recorded. Sincerely, .r . " B. SCHROEDER nity Development Director cc: Harry S. Bader 4 k CEDINANCE NO. 1305 _ AN QD INANC.'E OF ME CITY COLM I L OF THE CITY OF LCDI REPEALING SECTICN 27-13(b) OF THE LCDI NIVICIPAL C CDE REiAT I NG TD OFF-S'I EEr PARKING RI QU I RFNIF M , AMID AIDING: A NOV SECTION 27-13(b) RELATING nMUM. BE IT GAINED BY THE LCDI CITY MWIL: SDCTICN 1. Section 27-13(b) of the Lodi Ak.micipal Code relating to o— street parking requirenents (i.e.. Section 27-13(b) to but not including 27-13(c) Height and Area), is hereby repealed and a new Section 27-13(b) is hereby enacted, as follows: M Section - New Facilities and Additions to Existing Facilities - All 55ildings or structures which are constructed or moved onto a lot shall provide required off-street parking facilities. The parking require- ments shall also apply to all additions made to existing buildings including increases in number of twits, or in seating, or in floor area. Section - Expansion of Existing Facilities with Non -Conforming Parkin Mtoacent areas - New accessory buildings or enlargements ot exist - Ing buildings inoadjacent areas shall be permitted only when at least fifty percent of the parking requirements for the existing buildings are provided as required by this section and the caTplete parking require- ment for the new building or enlargement is provided. - Section - Permanence o; Parking - No portions of a required parking facility msy a ui t upon wst new structures or additions, or utilized for other purposes unless a substitute parking facility -is provided that meets the requirements of this ordinance. Parking facilities required by this section shall be paved with a minimum of two inches of asphalt. concrete surfacing over carpaeted subgrade or equivalent and marked in the required number of stalls of ample size with adequate aisles in accordance with the Parking Design Standards as adopted by the City of Lodi Planning Cmmission. Section - Interpretation of Requirements - Mere unusual circumstances or hardships exist whichmalae ccs lance with these requirements im:)os- sible, the applicant may apply to the Planning Cmmission for a Variance under, provisions of Section 27-..5 of the Zoning Ordinance. Section - Use of Residential Property for Commercial or Industrial Parking - The Planning Ccmission may grant'With a se ermlt, t e use A7 nnv )At !I. 1, LAURA E. : AINBRIDGE �{LED Attorney at Law 2 433 W. Pine Street Lodi, California 95240 3 (209) 333-8511 r ^i i j 4 Attorney for Plaintiff BY pEPUTY 5 (t 6 { v 7 j 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 9 10 j TIMOTHY VALLEM and JUDITH VALLEM ) NO. 195652 dba T.J. & THE DUCK, } 11 } PRELIMINARY INJUNCTION Plaintiffs, i 12 ) VS. ) 13 ) HARRY L. BADER and ROBERT O. BADER) 14 dba H & R PROPERTIES, ) 15 Defendants. } 1 16 ` 17 j( The above matter was heard in Department No. 8, on January 18 26, 1937, pursuant to Order to Show Cause. ROBERT B. STERNFELS p 19 appeased as attorney for Plaintiff, and STEVEN A. HERUM, of`-'-" 2G li L' N, _T -ER and BEARDSLEE, a Profess -i --nal Ccrporatien, appeareA-41s 21 attorney for defendants. The matter having been fully argued and 22 submitted and proof being made to the satisfaction of the Court J; s= 23 and good cause appearing, , 24 IT IS ORDERED that during the pendency of this action or 25 until further order of the Court, defendants, their agents, 26 officers, employees, and representatives, and all persa>�gci�g` 27 1 28 i 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 in concert or, participating with them, are hereby enjoined from eag,a,gingin. or performing> any and all .of theJollowing: l a. Any act :-which `interferes with the Pe-aceful and, qe ice_ enjoyment of'. Plaintiff "s business ;premises, Located at 698 :.W. Lodi Avenue; Lodi, 'Califor,nia�, b. Initiating any negotiations or entering into any agreements to lease the plaintiff's business premises, at the above address, unless it be with the plaintiff. r IT IS FURTHER ORDERED that the above injunction shall issue on plaintiff's filing a bond in the amount of $15,000.00 on or before February 2, 1987, as required by law. Temporary restraining orders shall remain in full force and effect until February 2, 1987. Dated: 3/21/ 7 2 N: CITY COUNCIL THOMAS A. PETERSON City Manager EVELYN M. OLSON, Mayor CITY a F! T O D I AUCL N: REtMCXF ;OHN R. (Randv) SNIDER a I City Clerk Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET DAVID M. HINCHMAN CALL BOX 3006 RONALD M. STEIN JAMES W. PINKERTON. Jr. LODI, CALIFORNIA 95241-1910 City Attorney FRED M_ REID (209) 334-5634 TELECONER :(209) 333-6795 October 14, 1987 Mr. Cecil Dillon c/o Dillon Engineering 1820 West Kettleman lane, Suite E Lodi, CA 95242 Dear Mr. Dillon: RE: Tentative Parcel Map 87 P 014 610 West Lodi Avenue Harry S. Bader At its meeting of Monday, October 12, 1987 the Lodi City Planning Commission continued until 7:30 p.m., Monday, October 26, 1987 its consideration of your request on behalf of Harry S. Bader for the approval of a Tentative Parcel Map to divide 610 West Lodi Avenue (i.e. APN 033-190-31) into Parcels "A" and "B" and to join 708 West Lodi Avenue (i.e. APN 033-150-28) to new Parcel "B" in an area zoned C-1, Neighborhood Commercial. This matter was continued so that your office could submit a parking layout for the total area. We would also suggest that your submittal include the locations for new structures to be erected and structures to remain on site; and dotted lines showing the building to be removed. Si ncerely, k. SCHROEDER ty Development Director cc: Harry S. Bader CITY COUNCIL EVELYN M. OLSON. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore DAVID tvL HINCHMAN JAMES W. PINKERTON. Jr. FRED M. REID October 27, 1987 CITY OF LODI CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1010 (209)334-5634 TELECOP'ER : (209) 333.6795 Mr. Cecil Dillon c/o Dillon Engineering P. 0. Box 2180 Lodi, CA 95241 Dear Cecil: THOMAS A. PETERSON City Manager ALICE M. REIMCHE - City Cleric RONALD M STEIN City Attorney RE: Tentative Parcel Map 87 P 014 610 West Lodi Avenue S Harry Bader At its meeting of Monday, October 26, 1987, the Lodi City Planning Commission approved the Tentative Parcel Map to divide 610 Wes- Lodi Avenue (i.e. APN 033-190-31) into Parcel "A" and "B" and to join 708 f West Lodi Avenue (APN 033-i90-28) to new Parcel "B" An an area zoned C-1, Neighborhood Commercial as requested by you on behalf of Harry S. Bader. The Planning Commission's approval is subject to the following conditions: 1. That the developer install all off-site utilities and street 1 - improvements; [ 2. That engineering improvement plans Le prepared for all public improvements prior to Final Map filing; _` 3. That public utility easements as required by the various utility companies and the City of Lodi be dedicated;' 4. That the developer pay all appropriate fees in effect at time of s_ Final Map filing or issuance of Building Permit and enter into all applicable agreements related to the following: a. Engineering - b. Fire Service C. Water Main relocation and abandonment, and d. Seger Connection Mr. Cecil Dillon c/o Dillon Engineering October 27, 1987 Page 2 5. That on-site fire protection be provided per Fire Department requirements; 6. That the Map contain the standard note re: "Requirements to be met at time of development or Building Permit"; 7. That the developer provide landscape and sprinkler plans in conformance with City policy; 8. That the Tentative Map be modified so that all proposed property lines are a minimum of 10 feet from any existing structure; 9. That additional public utility easements be dedicated on the map, if possible, rather than by separate instrument; 10. That the driveway be -of special commercial design conforming to Standard Plan 111; 11. That driveway installation and water main relocation be done at time of. Building Permit issuance and that the water main be looped from Lodi Avenue to the 6" main in the easement near the southwest corner of the parcel; 12. That the Final Map show all existing easements to be retained; and 13. That crossover agreements between Parcels "A" and "B" be recorded; and 14. That temporary off-street parking stalls be painted to serve 664 through 698 as shown on the drawing dated October 26, 1987, and on file in the office of the Community Development Director. Sincerely, B. SCHROEDER o unity Development Director cc: Harry S. Bader MI- WmL .4 �f 3 _ 1• ...:...� ice.. �• � � t t. �; a � %,4 _ ... fi � y �1� J L�� � � � i �� '� � E�'� T'« t � � 5 �� 2 --� kr�' � � � � �� .. ra , � �� � �i � � s to �'. .s 3 �� �,*,k� 'r �' � `� ,s ,�« � �� f 3�,, } �� > ��X- � �`"Y t. F , � y .♦ ,6f �r Y� ,�� . s �'�� -� ; i � '�e �a 1 s� � � � ����� i w-, ` ? a E i I CITY C(UUiv`IL EVFtvN ,tit OtSO`. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore DAVID M HINCHM.AN JAMES W. PINKERTON. Jr. FRED M. REID L i Ur i, D€ CITY HAIL. 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 TE LECOPIE R : (M) 333-6795 December 11, 1987 THOMAS A. PETERSON City :uanaRer ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney Mr. Tim Vallem T.J. and the Duck 698 West Lodi Avenue Lodi, CA 95240 Dear Mr. Vallem: This letter will confirm action taken by the Lodi City Council at its regular meeting of December 2, 1987 whereby, following a public hearing and discussion on the matter, Council denied your appeal of. the Planning Commission's approval of the tentative Parcel Map 87 P 014 concerning 610 West Lodi Avenue and 708 West Lodi Avenue, Lodi. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, UX�tu y}1 i�c - Alice M. Reimche City Clerk AMR:jj cc: Mr. James Schroeder Community Development Director