HomeMy WebLinkAboutResolutions - No. 2009-15RESOLUTION NO. 2009-15
A RESOLUTION OF THE CITY COUNCILOF THE CITY
OF LODI RESCINDING RESOLUTION NO. 2008-238,
THEREBY RESCINDING THE CERTIFICATION OF THE
FINAL REVISED ENVIRONMENTAL IMPACT REPORT
(EIR-03-01) FOR THE LODI SHOPPING CENTER;
STATE CLEARINGHOUSE NO. 2003042113
WHEREAS, an application was filed by Browman Development Company for a
commercial shopping center at 2640 West Kettleman Lane, more particularly described
as Assessor's Parcel numbers 058-030-08 and 058-030-02 and a portion of 058-030-09;
and
WHEREAS, the Community Development Director made a determination that
the project may have a potentially significant impact on the environment and ordered the
preparation of an Environmental Impact Report (EIR); and
WHEREAS, the Notice of Preparation (NOP) of the Draft EIR was prepared and
distributed to reviewing agencies on April 14, 2003; and
WHEREAS, the Draft EIR (DEIR) was released on August 5, 2004, for
circulation; and
WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days
published notice, held a study session and public hearing on September 9, 2004. Public
comments on the DEIR were taken at this hearing; and
WHEREAS, a Final EIR (FEIR) responding to all public comments on the DEIR
submitted prior to the expiration of the comment period was prepared and released to
the public and commenting agencies on November 22,2004; and
WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days
published notice, held a public hearing before said Commission on December 8, 2004;
and
WHEREAS, the Planning Commission of the City of Lodi reviewed and certified
the FEIR prepared for the project; and
WHEREAS, that certification and approval was appealed to the Lodi City
Council; and
WHEREAS, the Lodi City Council, on appeal, reviewed and certified the FEIR
prepared for the project (Resolution No. 2005-26, February 3, 2005); and
WHEREAS, the Lodi City Council rescinded the certification of the FEIR on May
3, 2006, pursuant to Superior Court Order of December 19, 2005, which order directed
revisions to be made to the EIR; and
WHEREAS, in response to the Court Order, the City prepared a NOP of the
Revisions to the EIR (REIR) and distributed it to reviewing agencies on September 25,
2006; and
WHEREAS, the Draft Revisions to the EIR (DREIR)was released and circulated
on October 17, 2007, for public comment and review; and
WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days
published notice, held a study session and public hearing on November 14, 2007.
Public comments on the DREIRwere received at this hearing; and
WHEREAS, a Final Revisions to the EIR (FREIR), which includes the DREIR as
revised and responses to all public comments on the DREIR submitted prior to the
expiration of the comment period, was prepared and released to the public and
commenting agencies on August 26,2008; and
WHEREAS, on October 8, 2008, the Planning Commission of the City of Lodi
held a hearing on the adequacy of the FREIR, and the Planning Commission declined to
certify the FREIR; and
WHEREAS, Wal-Mart Stores, Inc. and Browman Development Company have
each filed timely appeals of the Planning Commission's denial of the FREIR to the City
Council; and
WHEREAS, the City Council of the City of Lodi, after ten (10) days published
notice, held a public hearing on December 10, 2008, to consider the appeal of the
Planning Commission's decision to certifythe FREIR; and
WHEREAS, the Lodi City Council did on December 10, 2008, certify the
FREIR (EIR-03-01) relating to the Lodi Shopping Center project as adequate; and
WHEREAS, the City Council received a Notice to Cure an alleged Brown Act
violation arising out of its public hearing on the FREIR on December 10, 2008, and at its
closed session on January 13, 2009, the City Council requested that staff set this matter
to decertify the FREIR and reset the public hearing, as an expedient to avoid litigation,
and not a concession of a Brown Act violation; and
WHEREAS, staff recommends that the Council set the public hearing for a
Special Meeting at Hutchins Street Square, Charlene Powers -Lange Theater, 125 South
Hutchins Street, Lodi on March 11, 2009.
follows:
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED as
1. The foregoing recitals are true and correct and incorporated herein by
reference; and
2. For the reason stated above, the Lodi City Council hereby rescinds
Resolution No. 2008-238, thereby rescinding certification of the FREIR
for the Lodi Shopping Center Project located at 2640 West Kettleman
Lane; and
2
3. That a Public Hearing be set for a special meeting on March 11, 2009, at
Hutchins Street Square, Charlene Powers -Lange Theater, 125 South
Hutchins Street, Lodi, California, to consider the appeals of Browman
Development Company and Wal-Mart Stores, Inc. regarding the decision
of the Planning Commission to not certify the Final Revised EIR.
Dated: February 4, 2009
hereby certify that Resolution No. 2009-15 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 4, 2009, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
COUNCIL MEMBERS — None
COUNCIL MEMBERS — None
COUNCIL MEMBERS — None
2009-15
JOHL
City Clerk