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HomeMy WebLinkAboutAgenda Report - February 3, 2016 C-10 PHAGENDA ITEM C�10 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set Public Hearing for February 17, 2016 to Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision MEETING DATE: February 3, 2016 PREPARED BY: Community Development Director RECOMMENDED ACTION: Set public hearing for February 17, 2016 to consider the appeal of Bella Terra Plaza / Rio Valley Charter School for reconsideration of the Planning Commission project indecision. BACKGROUND INFORMATION: On January 13, 2016, the Lodi Planning Commission held a duly noticed public hearing for the Bella Terra Plaza / Rio Valley Charter School request for a Use Permit to allow a charter school into an existing tenant space at 1110 W. Kettleman Lane. The Rio Valley Charter School is a public charter school authorized by the Lodi Unified School District. The Charter School offers an alternative to traditional schooling and utilizes independent home schooling. Students do most of their schooling at home, coming to the site only for scheduled one-on-one meetings with credentialed teachers, as well as tutoring and small group workshops. At the meeting the Planning Commissioners and members of the public asked a number of questions about the charter school use and the current state of the proposed property. Unfortunately, the property owner was not able to attend the meeting and some concerns could not be answered and issues were unresolved. Based on the administrative record before them, the Planning Commission's vote on the project ended in a 3-3 tie. This resulted in neither an approval nor denial of the project. In an effort to move the project forward, the applicant is appealing the Planning Commission's statement to the City Council FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. bffli"�rw-lmmyrarit - • From: Craig Hoffman ] Sent: Thursday, January 14, 2016 4:04 PM To: Lemmon, Chris Cc: shaven nejad Subject: RE: Appeal The appeal is $300.00 Thank you, Craig Hoffman Senior Planner City Of Lodi - Community Development 221 West Pine Street P.O. Box 3006 Lodi CA, 95241-1910 Tel: 209-333-6800 Ex. 2649 From: Lemmon, Chris [mailto:ct 'mmon@newmarkoarew.lpm] Sent: Thursday, January 14, 2016 4:03 PM To: Craig Hoffman Cc: shawn nejad Subject: Appeal Craig, wn! This email is to inform you that ownership of Bella Terra Plaza would like to formerly appeal the non- action taken by the Planning Commission last night to the City Council. Please let me know the amount to process this appeal and we will have a check in the mail to you ASAP. Thanks! Chris Chris Lemmon Senior Managing Director CA RE License #045068.16 VANDELAY INTERNATIONAL, INC. 11728 MELONES CIR GOLD RIVER CA 95670-7745 1171 Bank of America ACH R/T 121000368 11 -*1214 CA 90884 1/14/2016 S PAY TO THE ORDER QF. Ody-Of-I. i. _ — _ ._ 1 $ '*300.00 }#}kw}.ky;}/,}}}p.*'y4}}}}}}} Three Hundred �Rt3 0OIt{iD _---•------- DOLLARS It City of Lodi Attn: Craig Hoffman 221 West Pine Street Lodi, CA 95241-1910 MEMO Bella Terra Plaza Appeal - AUTMORIZEDSIGNATURE r Dear City Council, TOWN, COUNTY' P R O P E R T I E S 318 W. PINE STREET • LODI, CA 95240 • 209-369-5535 February 1, 2016 I am writing to you in reference to a Planning Commission meeting of January 13, 2016. At this meeting we reviewed the request of Rio Valley Charter School to relocate into the Terra Bella Shopping Center. As you know, it was not approved and they are in the process of appealing our decision. Prior to the meeting, I as Chairman went to our legal counsel and suggested a postponement due to a legal issue I had questions about. That was declined and we proceeded. My concern is alcohol, Ordinance 23789, see attached. According to our legal staff this situation is backwards from the way the ordinance is written. He states the "Letter of the Law" is, if a school or children facility is already in place then an alcohol license cannot be issued within 600 feet of the "existing" facility. In this case there are 4 liquor licenses already serving alcohol within 600 feet of the proposed school site. It seems like the old adage "What comes first the chicken or the egg! I stand on the essence of the law: Alcohol/Children/600 feet, regardless of who is first. Randy -Heinitz Chairman -Lodi Planning Commission Enclosure 2/1/2016 Print Subject: regarding school within close proximity to bar/restaurant From: Te, Josephine@ABC (Josephine.Te@abc.ca.gov) To: dhntzrdy@sbcglobal.net; Date: Thursday, January 14, 2016 11:08 AM Hi Randy, Section 23789 of Business and Professions Code stated: 23789 — On -sale retail license for premises located near church, hospital, schools and public playgrounds, or nonprofit youth facilities (a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of churches and hospitals. (b) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within at least 600 feet'of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department. Hope this helps. Thanks lc,.�:ep s in,e Te Licca smIc; Rep l« _48-7662 dig gee about:blank 1/1 CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 4vuvw.lodi:.aoy city�IerkQi-a_dj,gQv January 29, 2016 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney Bella Terra Plaza, LLC 201 Wilshire Boulevard, Ste. A28 Santa Monica, CA 90401 RE: APPEAL OF PLANNING COMMISSION INDECISION (01/13/16) Use Permit Application for Bella Terra Plaza / Rio Valley Charter School This is to notify you that at the City Council meeting of February 3, 2016, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber, at the Carnegie Forum, 305 West Pine Street, Lodi, the Council will consider setting the dale for he ubl.1c hearina pertaining to the above matter. Enclosed is a copy of the February 3, 2016, City Council agenda and staff report related to Consent Calendar Item C-10 as prepared by the Community Development Department. Please note that prior to voting on the Consent Calendar the Mayor will offer an opportunity to the public to make comments. Should you wish to do so, please submit a "Request to Speak" card (available in the Carnegie Forum) to the City Clerk prior to the opening of the meeting. Should you have any questions, please contact me at (209) 333-6702, or Senior Planner Craig Hoffman at (209) 333-6711. Sincerely, IK - t nnifer Ferraiolo City Clerk JMF/pmf Enclosures Cc: Senior Planner Craig Hoffman Administrative Secretary Kari Chadwick Please immediately confirm receipt of this fax by callin 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER THE APPEAL OF BELLA TERRA PLAZA / RIO VALLEY CHARTER SCHOOL FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT INDECISION PUBLISH DATE: SATURDAY, FEBRUARY 6, 2016 TEAR SHEETS WANTED: One [1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, FEBRUARY 4, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 42'7'� iger-, PAMELA M, FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at Imo) on gels], (pages) LNS Phoned to confirm receipt of gill pages;:at (tfma).. EW' ___PMF #nitWS): forms\advins.doc • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 17, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC NEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 W. Pine Street, 2nd Floor, Lodi, 95240, 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 at, or prior to, the public hearing. By Order of the Lodi City Council: Jennifer M. Ferraiolo City Clerk Dated: February 3, 2016 . Approved as to form: Janice D. Magdich City Attorney J:CLERMPUBLICHEARING NOTICEWI-I NOTICE BellaTerraPlazadoc 1/28/16 DEGLAMMON OF POSTING PUBLIC HEARING TO CONSIDER THE APPEAL OF BELLA TERRA PLAZA / RIO VALLEY CHARTER SCHOOL FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT INDECISION On Thursday, February 4, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider the appeal of Bella Terra Plaza / Rio Valley Charter School for reconsideration of the Planning Commission project indecision (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on February 4, 2016, at Lodi, California. 4"aLm G*NLII� PAMELA M. FARRIS DEPUTY CITY CLERK NAAdministration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 17, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING EEX NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 W. Pine Street, 2"d Floor, Lodi, 95240, 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 at, or prior to, the public hearing. By Order of the Lodi City Council: r Jn er M. rr olo 44 dy Clerk Dated: February 3, 2016 Ap roved as to form: t ,.Magdich Attorney kGLERMU13L1QH.9.MNG%NN0'1'fGEWH NOME -8WMT A= IMG 1tC � 4F O DECLARATION V C�� i � ^ PUBLIC HEARING TO CONSIDER THE APPEAL OF BELLA TERRA PLAZA / RIO VALLEY CHARTER SCHOOL FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT INDECISION On Thursday, February 4, 2016, 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 Notice of Public Hearing to Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration, of the Planning Commission Project Indecision, marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. 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 February 4, 2016, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK Forms/decmail.doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI ELIZABETH BURGOS ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 17, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING ffEX,,r SfT n NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 W. Pine Street, 2"d Floor, Lodi, 95240, 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 at, or prior to, the public hearing. By Order of the Lodi City Council: r J ni er M. ri^ar�olo y Clerk Dated: February 3, 2016 Ap roved as to form: f, ,,.Magdich Attorney J:CLERK\PUBLICHEARING\NOTICES\PH NOTICE BellaTenaPlaza.doc 1128/16 2/17/16 CC PH 300' Radius mailing list for Rio Vally Charter School at 1110 W Kettleff "HIBIT BI PARCEL OWNER ATTN ADDRESS CITY STATE 6003008 BAINS, AMRIK S & KIRANDEEP K 1530 BURGUNDY DR LODI CA 95242 6003009 ADAM, ARGIRIOS & ELENI 1524 BURGUNDY DR LODI CA 95242 6003010 LIRA, CANDIE L ETAL RAUL H LIRA 1518 S BURGUNDY DR LODI CA 95240 6003011 FROEHLER, ALLISON MARIE ETAL 1512 BURGUNDY DR LODI CA 95242 6003012 BAUER, GLENN TR 558 FELL ST SAN FRANCISCO CA 94102 6003013 BAUER, GLENN TR 2140 W WALNUT ST LODI CA 95242 6003014 RICHTER, DONALD M .JR & JULIE A 1401 VIN ROSE DR LODI CA 95242 6003015 CAHUE, JOSE M & LAURA G 1407 VIN ROSE DR LODI CA 95242 6003017 MILLER, JONATHAN 1424 CLARET CT LODI CA 95242 6003074 BLANCHARD, ALAN M & CYNTHIA B 1511 BURGUNDY DR LODI CA 95242 6005101 HUTMACHER, DOUGLAS D & KERRY 1227 W CHIANTI DR LODI CA 95240 6005102 BIANCHI, ROCKY & LINDA 1221 W CHIANTI DR LODI CA 95240 6005103 KLUDT, RICHARD A & PAMELA G TR PO BOX 2027 LODI CA 95241 6005104 DEANGELIS, JOANNE 1209 CHIANTI DR LODI CA 95240 6005105 UYENO, TSUKASA & H TRS 1203 CHIANTI DRIVE LODI CA 95240 6005106 BIRK, JAMES S & CAROL J 1117 W CHIANTI DR LODI CA 95242 6005107 STOOPS, RYAN C 1111 CHIANTI DR LODI CA 95240 6005108 SHEFFIELD, LYNN & YVONNE 1107 W CHIANTI DR LODI CA 95240 6005201 WILLHITE, MICHAEL D & TONJA S 1230 CHIANTI DR LODI CA 95240 6005202 SHEFFIELD, RICHARD & SUSAN 1224 CHIANTI DR LODI CA 95240 6005203 MERCER, JOHN D 1218 W CHIANTI DR LODI CA 95240 6005204 ONSTOTT, MARGIE L 1212 CHIANTI DR LODI CA 95240 6005205 SPEAKS, CURTIS E & DAWN M 1206 CHIANTI DR LODI CA 95240 6005206 SASAKI, WAYNE & .JOYCE 1200 W CHIANTI DR LODI CA 95240 6005207 MASUI, JUNE TR 1027 S MILLS AVE LODI ICA 95242 1 of 3 2/17/16 CC PH 300' Radius mailing list for Rio Vally Charter School at 1110 W. Kettleman Ln PARCEL OWNER ATTN ADDRESS CITY STATE ZIP 6005208 HICKS, JAMES & EDNA 12849 N ALPINE RD LODI CA 95240 6005209 PIERRE, GUYNITH B TR 1108 CHIANTI DR LODI CA 95240 DEVOSS, GERALD K & 6005213 SHARLENE 1109 BRANDYWINE DR LODI CA 95240 KERLIN, DELRAY & 6005214 CYNTHIA J TR 1808 AUTUMN WAY LODI CA 95242 FOLEY, ELLEN LUCILLE 6005215 TR 16970 N DEVRIES RD LODI CA 95242 SCHUFFENHAUER, 6005216 JACK & DARLEEN 1201 BRANDYWINE DR LODI CA 95242 CANDELARIO, 6005217 LORENZO & JENNY L 1207 BRANDYWINE DR LODI CA 95240 SIMS, JERRY JR & 6005218 .JENNIFER 1215 BRANDYWINE DR LODI CA 95240 6005219 RAY, SHARYLE L 1221 BRANDYWINE DR LODI CA 95240 6005220 SIMMS, NADINE C 34784 MEDIDERRA CIR WINCHESTER CA 92596 GAONA, ARTURO 6005221 AMBRIZ & MARIBEL 1233 BRANDYWINE DR LODI CA 95240 LIAL, MANUEL I & 6005301 LOREE A 1528 S FAIRMONT AVE LODI CA 95240 RASMUSSEN, ANTON C 6005302 TR 1017 BRANDYWINE DR LODI CA 95240 RICHARDS, RONALD & 1011 W BRANDYWINE 6005303 VICKIE DR LODI CA 95240 6005211 MAYER, JASON 1103 BRANDYWINE DR LODI CA 95242 SHAH, SAYED MAHBOOB & GULNAZ 6005109 T 1511 S FAIRMONT AVE LODI CA 95240 BROWN, RUSSELL J & 6005110 LINDA S 1101 CHIANTI DR LODI CA 95240 HALE, JAMES P & 6003073 SANDRA M TR 7540 E KETTLEMAN LN LODI CA 95240 ,JOHNSON, ROSS M & 6005210 MARIA K D TR 636 CARLO WAY LODI CA 95240 SOROUR, NAGUI N & 6003016 LAILA 1343 RIVERGATE DR LODI CA 95240 3107024 LEE, ELLEN TR 1511 W TOKAY LODI CA 95242 6002003 MIYAHARA LLC 2120 COMMODORE DR SAN JOSE CA 95133 FOWLER & WINE COUNTRY PLAZA HATCH 6002004 LLC PROPERTIES I PO BOX 576469 IMODESTO CA 95357 2of3 2/17/16 CC PH 300' Radius mailing list for Rio Vally Charter School at 1110 W. Kettleman Ln PARCEL OWNER ATTN ADDRESS CITY STATE ZIP FOWLER & WINE COUNTRY PLAZA HATCH 6002001 LLC PROPERTIES PO BOX 576469 MODESTO CA 95357 MINER JOAQUIN 6004018 BUILDING CORP PO BOX 1110 STOCKTON CA 95201 AL SHAMMAS &, 6004019 DOUMIT PTP 25 CADILLAC DR #134 SACRAMENTO CA 95825 CVS #9243-01 LONGS DRUG STORES ATTN: STORE 6004020 LLC ACCOU 1 CVS DR MC 2320 WOONSOCKET RI 2895 AL SHAMMAS &, 6004021 DOUMIT PTP 25 CADILLAC DR #134 SACRAMENTO CA 95825 3107041 KIDDVILLE LP 856 N SACRAMENTO ST LODI CA 95240 3107042 ASHLEY PLACE PTP 1321 S FAIRMONT AVE LODI CA 95242 1469 HUMBOLDT RD 3107032 JENNINGS, SHARON TR SUITE 175 CHICO CA 95928 FACILITY & SUTTER GOULD PROPERTY 2880 GATEWAY OAKS 31070311 MEDICAL FOUNDATIO SERVICES A #220 SACRAMENTO CA 95833 BELLA TERRA PLAZA 201 WILSHIRE BLVD STE 6037001 LLC SHAOUL LEVY A28 SANTA MONICA CA 90401 BENSON, JENNIFER L 6004001 ETAL 1230 W KETTLEMAN LN LODI CA 95240 S SCOTT 6004002 COMPASS BANK SARGENT 15 S 20TH ST STE 1802 BIRMINGHAM AL 35233 FARMERS & 6004005 MERCHANTS BANK PO BOX 3000 LODI CA 95241 3104030 MSS PETRO INC 1.1301 W KETTLEMAN LN LODI ICA 95242 e..w eicn��scnoa i ee�o�cmro seN�ca c�rvc Kettles I' • Rose LR CSA' i I -;r .B01d�!Hugf i C3ll rquI10 La 3 of 3 _rind—Re F Pinot Noir Or .