HomeMy WebLinkAboutAgenda Report - February 7, 1996 (74)``4r OI
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CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Conduct a Public Hearing to:
1. Consider the request of Lori W. McIntosh on behalf of Southwest Associates to prezone the 21.46
acre parcel at 630 East State Route 12 (APN 058-030-02) to C -S, Commercial Shopping; and
2. to certify the filing of a Negative Declaration by the Community Development Director as
adequate environmental documentation on the above project.
MEETING DATE: February 7, 1996
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council conduct a Public Hearing to:
1. Consider the request of Lori W. McIntosh on behalf of Southwest Associates to prezone
the 21.46 acre parcel at 630 East State Route 12 (APN 058-030-02) to
C -S, Commercial Shopping; and
2. to certify the filing of a Negative Declaration by the Community Development Director as
adequate environmental documentation on the above project.
BACKGROUND INFORMATION: The above requests of Lori W. McIntosh on behalf of Southwest Associates were
initiated by City Council action at its meeting of March 1, 1995. The matter was
continued at the request of Ms. McIntosh so that Southwest Associates and the
owners of the parcel to the north, across Kettleman Lane, could meet with Michael
Friedman to discuss permitted land uses.
Although the land use question has not been answered, a new problem appears to require the early annexation of these
parcels. In December 1995, the Board of Supervisors unilaterally canceled the annexation property tax agreements effective
June 13, 1996. The County is now seeking to split all taxes (i.e., property, sales, TOT, etc.) on newly annexed property.
At the Planning Commission meeting of Monday, January 22, 1996, the Commission recommended approval of the above
requests by the following vote:
Ayes: Commissioners McGladdery, Rasmussen, Rice, Stafford and Chairman Marzolf.
Noes: Commissioners Lapenta and Schmidt.
By the same vote, the Planning Commission recommended that the City Council make the following findings concerning
the project:
1. That the Plot Plan (LMC 17.30. 100) and Development Schedule (LMC 17.30. 100) are not approved at this time;
2. that the Plot Plan and Development Schedule are held in abeyance until such time that the City Council, Planning
Commission and property owners have agreed on a new zoning classification which will outline the permitted uses; and
3. that the approval is with the understanding that future development will conform and be consistent with the plans and
policies of the Downtown Revitalization Plan.
APPROVED.
.`DIXON FLYN
City Manager
CC9605.DOC
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Council Communication
February 7, 1996
Page 2
The LAFCO Executive Officer has informed the City that in order for an annexation to be considered at the April 19, 1996
LAFCO meeting, it must be received by his office by March 11, 1996. LAFCO policy requires that all property proposed
for annexation must be prezoned. If the City Council fails to approve the prezoning, the annexation will not be accepted by
the LAFCO staff.
FUNDING: None Required
games B. Schroeder
Community Development Director
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VICINITY MAP
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Lodi South West Associates
650 East State Route Hwy. 12
Prezone to C -S, Commercial Shopping
Z-95-06 1122196
ORDINANCE NO. 1624
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI
AND THEREBY PREZONING THE PARCEL LOCATED AT 630 EAST STATE
ROUTE 12 (APN 058-030-02) TO C -S, COMMERCIAL SHOPPING
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. The Official District Map of the City of Lodi adopted by Title 17 of the
Lodi Municipal Code is hereby amended as follows:
The 21.46 acre parcel located at 630 East State Route 12 (APN 058-030-02) is hereby
prezoned C -S, Commercial Shopping, as shown on the Vicinity Map on file in the office
of the City Clerk.
Section 2. The alterations, changes, and amendments of said Official District Map of
the City of Lodi herein set forth have been approved by the City Planning Commission
and by the City Council of this City after public hearings held in conformance with
provisions of Title 17 of the Lodi Municipal Code and the laws of the State of California
applicable thereto.
Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 4 - Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
Section All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section This ordinance shall be published one time in the "Lodi News Sentinel", a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this 21 st day of February, 1996
DAVID P. WARNER
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1624 was introduced at a regular meeting of the City Council of the City of Lodi held
February 7, 1996 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held February 21, 1996 by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and
Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1624 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
JENNIFER M. PERRIN
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNINO
Mayor Pro Tempore
RAY G. DAVENPORT
STEPHEN ). MANN
JACK A. SIEGLOCK
January 25, 1996
CI'T'Y OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 952 41-1 910
(209) 333-6711
FAX (209) 333-6842
Ms. Lori W. McIntosh, President
Lodi Southwest Associates
301 S. Ham Lane, Suite A
Lodi, CA 95242
Subject: General Plan Amendment
Prezoning
Negative Declaration
630 East State Route 12 (APN 058-030-02)
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
At its meeting of Monday, January 22, 1996 the Lodi City Planning Commission
recommended approval of the following actions initiated by the Lodi City Council:
1. The request of Lori W. McIntosh on behalf of Southwest Associates to prezone
the 21.46 acre parcel at 630 East State Route 12 (APN 058-030-02) to
C -S, Commercial Shopping; and
certification of the filing of a Negative Declaration by the Community
Development Director as adequate environmental documentation on the above
project.
In regard to the Prezoning, the Planning Commission is recommending that the City
Council make the following findings:
1. That the Plot Plan (LMC 17.30.100) and Development Schedule
(LMC 17.30. 100) are not approved at this time;
2. that the Plot Plan and Development Schedule are held in abeyance until such time
that the City Council, Planning Commission and property owners have agreed on a
new zoning classification which will outline the permitted uses; and
3. that the approval is with the understanding that future development will conform
and be consistent with the plans and policies of the Downtown Revitalization Plan.
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•, CITY OF LODI NOTICE OF PUBLIC HEARING
Carnegie Forum Date: February 7, 1996
• 305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, February 7, 1996 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 to consider the following matter:
a) Consider the request of Lori W. McIntosh on behalf of Southwest Associates
to prezone the 21.46 acre parcel at 630 East State Route 12
(APN 058-030-02) to C -S, Commercial Shopping; and
b) Certify the filing of a Negative Declaration by the Community Development
Director as adequate environmental documentation on the above project.
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 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:
nifer err "
Clerk
Dated: January 17, 1996
Approa form:
J n Luebberk
Deputy City Attorney
JACITYCLRK%FORMSINOTCDD.DOC 1117!96
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DECLARATIONOF MAILING
4��FOR�
Public Hearing - SOUTHWEST ASSOCIATES
On January 18, 1996 in the City of Lodi, San Joaquin County, California, 1 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 January 18, 1996, at Lodi, California.
Jennifer M. Perrin
City Clerk
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CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNING,
Mayor Pro Tempore
RAY G. DAVENPORT
JACK A. SIEGLOCK
STEPHEN J. MANN
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95 241-1 91 0
(209) 333-6702
FAX (209) 333-6807
February 8, 1996
Lori McIntosh, President
Lodi Southwest Associates
301 S. Ham Lane, Suite A
Lodi, CA 95242
RE: Crossroads Reorganization
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
We are in receipt of your request that we proceed with the annexation to the City of the above
referenced parcel.
In order for the City of Lodi to proceed with the annexation of this parcel, it will be necessary for
you to pay the following filing fees:
LAFCO $1,187.50 (one-half of the new development fees)
City of Lodi $1,000.00 (one-half of the annexation fee)
$2,187.50
Please issue two separate checks (one payable to LAFCO; the other the City of Lodi), and mail or
deliver to the City Clerk's office. You will be required to issue a check to the State Board of
Equalization; however, we will notify you at the appropriate time as to the amount.
Should you have any questions regarding this matter, please do not hesitate to call this office.
Sincerely,
i er ernn
Y'C4-4-�
ity Cle
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cc: James B. Schroeder,
Community Development Director
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