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Home My WebLink AboutAgenda Report - December 18, 1996 (85)i _N' ► CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to consider the Planning Commission's recommendation to adopt the rezone and General Plan amendment for 319, 323, 327, 331, 335, 339, 343, 346, 347, & 351 North Stockton Street; 116 East Lawrence Avenue; also 320 and the residentially zoned portion of 353 North Washington Street. The rezone would be from R-1 *, Single -Family Residential (Eastside) to R -MD, Residential Medium Density, and R-1* to PUB, Public and also for approval of a General Plan amendment from LI, Light Industrial to MDR, Medium Density Residential and PQP, Public Quasi Public to MDR. MEETING DATE: December 18, 1996 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council approve the Planning Commission's recommendation to adopt a rezone and General Plan amendment for the above stated properties. BACKGROUND INFORMATION: This is a request for a rezone and General Plan amendment to increase the allowable density on the properties listed above. In order to accomplish this, the City must rezone the area from R-1*, Single -Family Residential (Eastside) to R -MD, Residential Medium Density. The City must also amend the General Plan to change the land use designation of the area from LI, Light Industrial to MDR, Medium Density Residential. As part of this rezone and General Plan amendment, staff has taken the opportunity to amend a General Plan land use inconsistency and two zoning inconsistencies. The project area consists of 13 properties averaging approximately 7000 square feet in size. Each of the 13 properties is currently developed with residential or public uses. The applicant for this project initiated the zoning change for 335 North Stockton Street because the property has little value with its existing 500 square foot home, and because it is adjacent to a 5 unit apartment to the south and multi -units to the north. The owner of the property wishes to make improvements; however, he feels this is not feasible for him to do so as a single home. The applicant believes that changing the zoning to allow for a higher density will make an investment in his property feasible and improve its existing condition. APPROVED: H. Dixon Flynn -- City Manager U963012/11/96 Council Communication Meeting Date: December 18, 1996 Page 2 Because it is not legal for the City to rezone a single property, staff chose to rezone all the residential properties fronting North Stockton Street between Lawrence Avenue on the north and the east/west alley north of East Lockeford Street. Each of the properties of the project area is either in a similar situation to the applicant's or already has more than one dwelling unit. The properties of the proposed General Plan amendment and rezone consist of approximately 2 acres, are within the City Limits, and are fully developed as housing or public uses. The majority of the project area is zoned R-1 *, Single -Family Residential (Eastside) which allows for one home to be built on each property. The current General Plan land use designation for the homes of the project area is LI, Light Industrial which is an inconsistency. Of the 13 properties in the project area 2 are public buildings, 5 have more than one residential unit, and the remaining 6 have a single residential unit. According to these figures, approximately half of the structures in the project area are inconsistent with the current residential single-family zoning, and all of the structures are inconsistent with their current light industrial General Plan land use designation. The following is a breakdown of the existing land uses in the project area: The housing includes 6 single-family homes, 1 duplex, two single units on each of three properties, and one 5 unit apartment. The public uses include the Armory/National Guard Building and the American Legion Memorial Building. The project site is bordered on the south by housing, industrial properties, and a parking lot for the Armory/National Guard Building; bordered on the west across an alley by industrial uses; bordered on the north across Lawrence Avenue by the City's softball complex and Grape Bowl; and bordered on the east by Lawrence Park and the American Legion Memorial Building (see maps). The General Plan amendment will change the land use designation for 12 of the properties from LI, Light Industrial to MDR, Medium Density Residential, and one of the properties (346 North Stockton Street) from PQP, Public Quasi -Public, to MDR. The General Plan amendment to redesignate 346 North Stockton Street from PQP to MDR is necessary because the property is zoned residential, has an existing single-family residence on it, and is not a public property. Rezoning the project area will change the zoning for the 11 residential properties from R-1 *, Single -Family Residence (Eastside) to R -MD, Residential Medium Density, and the remaining two public properties (320 and a portion of 353 North Washington Street) to PUB, Public. The Rezone to PUB is necessary because the properties exist as public uses with no residences upon them. This zoning is consistent with other similar public uses. Council Communication Meeting Date: December 18, 1996 Page 3 The proposed General Plan designation of MDR allows for a maximum residential density of no more than 20 units per acre. In order to maintain consistency with the proposed General Plan designation, and to meet the needs of this request, Staff chose R -MD zoning. Using the R -MD zoning standards, the six project area properties with only one dwelling unit, could potentially add one or two additional units. Staff is aware that that there are some concerns from members of the public that believe we should maintain all residential development in the east Lodi area as single family homes. We would agree that maintaining single family development makes sense in areas that arepredominantly single family and surrounded by single family; however, the project area is not. It contains 13 properties which are surrounded by public and industrial uses, and only 6 of the properties actually have a single family residence upon it. Staff feels that the existing development and the surrounding land uses are not conducive to maintaining a single family neighborhood. We further believe that providing reasonable investment into the area is beneficial for the neighborhood. Therefore, the applicants request is warranted based on these points. The Planning Commission held a public hearing on this matter on September 9, 1996. The applicant, property owner and a neighboring owner spoke in favor of the request with no opposition present. The Planning Commission voted to recommend that the City Council approve the request as outlined. FUNDING: None required Konradt Bartlam Community Development Director Prepared by Mark E. Meissner, Associate Planner MM/mm Attachments CD OADEPT\PLANNING\COCOMM\1996\CC9630.DOC 12/11/96 I e,l I sal it IWal ol= :.I 31 ^I _ oI S_`'i�l �l,'�.q7 i0e `\3 i-l:!R�aIg ::':I J�� Jae Nlr .dal sx0 I I 1 • . rT I i Dr. 1400. 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Amendment and Rezone 335 North Stockton Street CPA LU 96-3 Z-96-04 9-9-96 Gc sv Av. a 523 600 OA Ln 505 O C 420 429 425 L U 419 Vn 400 aLL ■ 124 i�o3 10T ,06 i !10d X101 !100 -ILI II Softball z I Complex j Grape Bowl I Eastside Boundary 7 j F ' s� t.7PU 333 j43' L 33yt Lawrence Park 334 a..r 330 FR — American 325 3�/ Q Legion LIJ22 3231 346 ArmoryBld13 3;gE Bldg. � 327 ,I g. 316 —`�� { M ! I 1 aid Ir -y: PUB f 12 7 1 _ PUB _ lV ! a N _ - - 1— i / L..3235+ 1233 GJ/ 223 t23 a 235' 223 ^I Z25 n 223 227 1225 220 zz5 220 1_21 1224 '225 225 1 — 2i3 � I 219 219 21a ; 221 to ` 'LZ� A 2 /2 2,0 !t 22t 1212 1 I 'G.zt 2t"o t/ 2190 21 .I 217 I � � 203 ; 1 121 17C-4 122 N I - 1 X12 — — PUB � 4 1 Hale Park , _ ~` .i 1G EXISTING ZONING M! Lt- F etc t=1Deve opment Rezone R-1 * to R -MD Page 1 of 2 335 North Stockton Street Z-96-04 - 9-9-96 i � 6011 iC s Av. • 523 ii • 505 i. O C -I 429 C ■ U I I n25 � 1%2 U 0 419 Cn 132: 3211 R Grape Bowl cn I a� C 320 Lawrence Park American Legion Bldg. \ j 316 j i 31a I - ; I Eastside Boundary \ J'31 2 j f IM -1 I rY t • 04 /I 2351 1238 j 22 22a j I I 1228 <<5, j 235 I 225;I222 / j22s I 220 22s j220 ? 223j 1– – I22, _ i 2ta 2t 219 �2ta I 22t Ui t/2 223 i 2 2 219 Zta 2to IJ 1/ 219 205 � !210 2110 21 1 21i �2oa I j LT 2t N —� t•�� z .� I h � N I r itL2 I s ^ J t2Jl I N � I� ,M\�INI'.�V 1 11 hl C L I i I 1 1 3 N I I j 2 rUDj ■1t I 0 , I in1!71 1F10'6:] j Hale Park it TOO t] ► ^ N j I j II 10 11 ►f PROPOSED ZONING Mitch Fletcher Development Rezone R-1 * to R -MD Page 2 of 2 335 North Stockton Street Z-96-04 - 9-9.96 501; L_ 1500 C ra.v' I 5300 o3CC a 523! Z0A 505 420 _ 4251 r I/2 419 ERS 1401 I =00 1322 321j 1 . I Iii 13L- �0 ii I I I �a " -1 I i L k r S Softball ! z Complex I o Grape Bowl p !� DBP J� � I 1:530 1 346 347 J 3�3i 1 1332 i 33'0 3391 Lawrence Park 334 .351 353 ..2o Q III„ American I 32� 22 323! 34s Armory Legion g 316 31 y Bldg. c 3z71, Bldg. I13 14 312 I. I N -- -I- ------ 1 235' 234 1238 :�l 237; ! 22' r 1224225. 23s n 22a I Z .7 ! I/ 1225 220 22, 1 214 I 225 1 220 jam_ 2231 224 25 225 210 1 1 / 1 1213 121 9 219 214 I 221jn! 2 I 21 t( I 1 2 12'2, 0 1- pz 1 221 20 :212 I 12 :/� 2'9� 21 208 I / ! I 021 1210 2�0 —� 217 200�v I o _ rn 204 I E R ii I 2! _ L I_I-�N! _ - M ��_ 1 I^ :7 I :V l y N N N O � rn I .•"� .. �i NLn 24 I n' 1122 I y �1 1 r 1 12Si' 1 N 1��Mlo II1a 0 1�1 I I 4 I 1.4 Irr�.I '�Ih -T rz 1 '��"-'! 1 X11 PQP I 1 1 3 I L r l 21 108 I ��• ��. 114 117 106 II i T L I ! Hale Park i . I I 0 1C0 _ i Iti 106 11 I \Ii f�7 EXISTING GENERAL PLAN Mitch Fletcher Development General PlanLAND USE DESIGNATIONS 35 North Stockton street Page 1 of 2 GPA LU 96-3 9-9-96 SGtI ! _i Do ev Av 50C �30C 50E 5231 ,JCA it i I 420 -^ G2C1 I I , T2s i--= 1%2 at9l n li ER --- 1 322 I � I i310 ��- 2ti1 20 i l .1 j Crape Bowl I'J i i — ^ J �� N Ji � 17, —;9 ' 353 QP iI 5 i l3as Armory Q,' 320 Lawrence Park American Legion _ Bldg. i 316 Ut \ 3.4 i I � o I I N In � N N � _— � ;�!•5lr-�w.�s� �. �.�. •rte i 235 1234 !23a 237 •223 223 2�� i--- i 235i / 225 223 IzzS zea I 225 220 2231 --- 227 1 i I _ 224 �sc25 225 1213 12t 219 219 21.3 1 2211, 2 t 2 t/2L1/_= 215 210 I?-? J � C� ! '2aa 210 210 t / 219 21 it 217 �' - _ JEIR _ _ I 2, I{_ N , r ^ N I O I N N N 4 I' � "7 _ • N 1122 1 Ili N Q is • , 125j N Q IO 1p _�? I O ry 11 i b a P P 12 i �J V ` j L I1 Hale Park _ PROPOSED GENERAL PLAN Mitch Fletcher Development General Plan ,amendment LAND USE DESIGNATIONS 335 North Stockton Street Page 2 of 2 GPA LU 96-3 9-9-96 RESOLUTION NO. P.C. 96-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO THE GENERAL PLAN AND ZONE CHANGE FROM LI, LIGHT INDUSTRIAL AND PQP, PUBLIC/QUASI PUBLIC TO MDR, MEDIUM DENSITY RESIDENTIAL, AND R-1*, SINGLE-FAMILY EASTSIDE TO R -MD, RESIDENTIAL MEDIUM DENSITY AND PUB, PUBLIC. WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the General Plan amendment and Zone change. WHEREAS, the project area is made up of the following properties: 319, 323, 327, 331, 335, 339, 343, 346, 347, & 351 North Stockton Street; 116 East Lawrence Avenue; also 320 and a portion of 353 North Washington Street (APN's 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, 38, 39,40 & 43). WHEREAS, the project proponent is Mitchell, 1015 S. Central St., Lodi, CA. WHEREAS, all legal prerequisites to the adoption of the Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Lodi as follows: The Planning Commission finds that approval of the General Plan amendment and Zone change will result in good planning practice. 2. A Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. Further, the Commission has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in this Resolution. 3. The Planning Commission hereby recommends to the City Council, approval of an ordinance adopting the General Plan amendment and change of Zone as identified in this Resolution. Iw OADEPnPLANNING\RESOLUTARES96 [ LDOC Dated: September 9, 1996 I hereby certify that Resolution No. 96-11 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on September 9, 1996, by the following vote: AYES: Commissioners: Borelli, McGladdery, Rasmussen, Rice, Schmidt, Stafford and Marzolf NOES: ABSENT: ABSTAIN: ATTEST: Secretary, Planning Commission 1w 0:\DEPTIPLANNING\RESOLUTl1RES961 I.DOC 2 MINUTES LODI CITY PLANNING COMMISSION CARNEGIE FORUM 305 WEST PINE STREET LODI, CALIFORNIA iV10NDAY September 9, 1996 7:30 P.M. The Planning Commission met and was called to order by Vice -Chairman Rasmussen. Commissioners Present: John Borelli, Jonathan McGladdery, Craig Rasmussen, Dorean Rice, ROLL CALL John Schmidt, Roger Stafford, and Chairman Marzolf (arrived late). Commissioners Absent: None Others Present: Konradt Bartlam, Community Development Director, John Luebberke, Deputy City Attorney, Mark Meissner, Associate Planner, Eric Veerkamp, Associate Planner, and David Morimoto, Senior Planner. The minutes of July 8, 1996 were approved as mailed with Commissioner Borelli abstaining. MINUTES July 8, 1996 TENTATIVE MAPS Tentative Map 96 P 002, request of Baumbach & Piazza, on behalf of the Dunscombe Family, TENTATIVE for approval to create two (2) parcels from two (2) existing parcels at 2247 and 2249 West MAP 96 P 002, Kettleman Lane. Eric Veerkamp, Associate Planner, presented this matter to the Planning DUBSCOMBE Commission. Mr. Veerkamp explained that the Dunscombe property contained a total of 5.89 FAMILY acres and was currently divided into two parcels. One small parcel fronted on Kettleman Lane and contained the Dunscombe residence and surrounding yard. The second parcel contained the remaining 5+ acres of the property. The applicants were requesting to resubdivide the property into two new parcels that would match the proposed alignment of Tienda Drive. Parcel one would be located north of the alignment of Tienda Drive, while parcel 2 would be located south of Tienda Drive and would front on Kettleman Lane. There is a proposal to sell parcel one to the City of Lodi. The City would combine this parcel with an adjoining parcel to the east to create Roget Park which will become a passive use City park. The southern parcel which has a zoning of RCP, and contains the existing Dunscombe residence, will probably be sold and developed with some type of RCP use in the future. The Commission asked about the development of the segment of Tienda Drive which crosses this property. Community Development Director Bartlam explained that this segment of Tienda Drive will be constructed when surrounding properties develop and there is need to provide access to the area. A motion by Commissioner Stafford, Commissioner Schmidt second, to approve Tentative Map 96 P 002. The votes were: ACTION ON AYES: Borelli, McGladdery, Rasmussen, Rice, Schmidt, and Stafford TENTATIVE MAP 96 P 002 NOES: ABSENT: ABSTAIN: I« OADEPTIPLANNINGV%11NUTES\I9960dIN9-9.DOCMIN9-9. DOC PUBLIC HEARINGS Request of PUBLIC HEARINGS REQUEST OF MITCHELL FLETCHER DEVELOPMENT, to consider the following: A General Plan amendment to redesignate 319, 323, 327, 331, 335, 339, 343, 347, & 351 North Stockton Street; 116 East Lawrence Avenue; also 320 and part of 353 North Washington Street (APN's 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, 39, 40, & 43) from LI, Light Industrial to MDR, Medium Density Residential. To rezone the area including the following properties: 319, 323, 327, 331, 335, 339, 343, 346, 347, & 351 North Stockton Street and 116 East Lawrence Avenue; (APN's 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, & 43) from R-1*, Single -Family Residential (Eastside) to R -MD, Residential Medium Density. A General Plan amendment to redesignate 346, North Stockton Street (APN 041-230-38) from PQP, Public Quasi/Public to MDR, Medium Density Residential. 4. To rezone 320 and part of 353 North Washington Street; (APN's 041-230-39 & 40) from R-1*, Single -Family Residential (Eastside) to PUB, Public. 5. Certification of a Negative Declaration as adequate environmental documentation on the above projects. Mark Meissner, Associate Planner, presented this matter to the Planning Commission. Mr. Meissner explained that Mr. Fletcher had requested that the City rezone the property at 335 N. Stockton Street from R-1 Eastside to Residential Medium Density in order that he could construct a second residential unit on this property. Currently, the property contains a small single-family house. Mr. Meissner explained that under the R-1 Eastside zoning, lots were only allowed to have a single-family residence, or whatever number of units existed, at the time the R-1 Eastside was implemented back in the late 80's. Mr. Meissner went on to explain that ten residential lots on North Stockton Street, were an island of R-1 Eastside zonings surrounding by either industrial or public uses. The properties to the east along Main Street were a mixture of residential commercial and industrial uses. The properties to the south were primarily residential, although they were zoned M-2, Heavy Industrial. The properties to the east and north were primarily public uses and included the City softball complex, the Grape Bowl, the National Guard Armory, and the American Legion Building. Because of the surrounding uses and the inconsistencies between the zoning and existing uses, City staff decided to include all of the R-1 Eastside properties in this area as part of the proposed General Plan amendment and rezoning. Staff was recommending that the properties on both sides of Stockton Street, beginning at 319 N. Stockton Street and ending at 351 N. Stockton Street be rezoned from R-1 Eastside to Residential Medium Density. This would allow the properties to be developed with duplexes and perhaps triplexes depending on the size of the lot and the existing structures. The public properties, which include the National Guard Armory Building and the American Legion Building, would be rezoned from R-1 Eastside to Public, to more accurately reflect their actual uses. The General Plan would also be amended to reflect the proposed zoning. Staff felt that Itiv O.' DEPT�PLANNING\,%i1NUTES119961it1IN9-9.DOCM[N9-9.DCE REQUEST OF MITCHELL FLETCHER DEVELOPMENT FOR A GPA, REZONE ON CERTAIN PROPERTIES LOCATED ON N. STOCKTON ST., E. LAWRENCE AVE., AND NORTH WASHINGTON ST. permitting property owners to add an additional unit onto their properties would be appropriate Jiven the size of the parcels and the mixtures of uses found in the surrounding neighborhood. Mr. Meissner then showed slides of the area to the Planning Commission. The Commission asked about the ownership pattern in this area. Staff explained, that as far as they could determine, only two of the properties were owner -occupied and the rest were being used as rentals. Additionally, Mr. Fletcher only owned one of the properties; however, the City included additional properties to make the proposal more logical and to avoid creating a "spot zone." Vice Chairman Rasmussen then opened the floor for public comment. Coming forward to speak was Mitch Fletcher of Fletcher Development. Mr. Fletcher explained that he was the applicant for the proposal and was planning to construct a duplex on the property at 335 N. Stockton Street for the property owner. The duplex would have access both from Stockton Street and from the alley and would have ample room on the property to accommodate the two uses. He also noted that the property immediately to the south of him contained two units and the property to the north contained a 5 -unit apartment building. He asked the Planning Commission for their approval of his request. Robert Riggle, 712 Cross Street, Lodi. Mr. Riggle explained that he owned one of the properties in the subject area. He went on to describe the uses in the area and felt that the proposed rezoning was appropriate. He stated that he had seen Mr. Fletcher's building proposal and that he had no objection to what he was planning. Dave Gutierrez, 33 S. Crescent Street, Lodi. Mr. Gutierrez stated that he owns the property at 335 N. Stockton Street. He explained that the property currently contained a small house, which is only 430 sq. ft. The house is located at the rear of the property adjacent to the alley and is too small to make it attractive for most renters. He felt that a larger unit would be more attractive to families. He explained that it would not be cost effective to tear down the existing house and replace it with only a single-family house; however, by replacing it with a duplex, the project would make better economic sense. He requested the Planning V Commission's approval for the rezoning. Maime Starr, Facilities Planning Director for LUSD. Ms. Starr explained that the School District was neutral on the proposal and was neither in favor or opposed to the applicant's request. Her only concern was the potential impacts that additional residential units might create on the LUSD. She explained that on any General Plan amendments which propose to increase the number of residential units, the School District would like to have a signed agreement with each of the property owners. The agreement would contain language stating that the property owners were willing to pay a school impaction fee, which would be higher than the standard rate, for any new residential unit constructed. She noted that it would not effect any existing units and would only be paid, if and when, a property owner decided to add additional units to their property. Because of the short time -frame, the District was not able to secure the impaction fee agreements from all of the individual property owners. She was present to request a delay in the approval of the project until they could secure the signed agreements. The Planning Commission questioned Ms. Starr on the difference between the standard school impact fees and the fees being requested as part of the signed agreements. Ms. Starr stated that the prevailing rate for construction in existing areas was between $1.70 and $1.80 per square foot. The rate on the agreements was $2.91, the same as new residential construction in newly developed areas of the City. The Commission asked whether the Planning Commission could make the signing of the LUSD Impaction Fee Agreements a condition of byO^,.Dl- PLANNINGWINUTES\1996',.\(N9-9.DOCMIN9-.DOE the General Plan approval. Ms. Starr stated that this was acceptable since the School District did not want to unduly delay the approval of the project. They would want the General Plan approval subject to the School District being able to obtain these signed agreements from all of the property owners affected by the rezoning. The Commission asked what would happen if one or two of the property owners refused to sign. Ms. Starr stated that in that case, the LUSD would probably opposed the General Plan amendment and rezoning. Bob Johnson, Member of the Parks & Recreation Commission. He was concerned about placing additional living units in an area that was heavily utilized by various City recreational facilities. This included two softball complexes and the City's Grape Bowl. He noted that in the future, the City may wish to use these facilities for a variety of recreational uses which could impact adjacent residential properties. He was concerned that adding more residence to area would result in more complaints to the City regarding noise and traffic. He requested that the Planning Commission take this fact into consideration. The Commission directed additional questions to staff, primarily regarding the number of units that might potentially be built on these lots. Community Development Director Bartlam explained that in most cases, no more than two or three units could be built on each of the existing lots and it would be possible that some of the lots would remain as single-family as they currently exist. As far as someone buying up all the properties and combining them into one large parcel, and constructing a 20 or 30 -unit complex, it was theoretically possible but not very likely. Several of the Commissioners expressed some concern about the proposed request; however, Action on the thev acknowledged the "island nature" of the subject properties and the need for additional Negative Declaration affordable living units in Lodi. The Planning Commission then took the following actions: A motion was made by Commissioner Stafford, Commissioner McGladdery second, to unanimously approve the certification of the Negative Declaration as adequate environmental documentation on the proposed project. A motion was made by Commissioner Rasmussen, Commissioner McGladdery second, to Action on General unanimously approve the proposed General Plan amendment to redesignate 319, 323, 327, Plan Amendment 331, 335, 339, 343, 347, & 351 North Stockton Street; 116 East Lawrence Avenue; also 320 and part of 353 North Washington Street (APN's 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, 39, 40, & 43) from LI, Light Industrial to MDR, Medium Density Residential, subject to the conditions outlined in Resolution 96-11, including the requirement that the subject property owners sign a written agreement with LUSD agreeing to pay a School Impaction Fee not less than $2.91 per sq. ft. A motion was made by Commissioner Rasmussen, Commissioner McGladdery second, to Action on Rezoning unanimously approve the rezoning the following properties: 319,')2-'),')27,')'31,')')5,339, 343, 346, 347, & 351 North Stockton Street and 116 East Lawrence Avenue; (APN's 041-230- 22, 23, 24, 25, 28, 29, 30, 31, 32, & 43) from R -I *, Single -Family Residential (Eastside) to R- V1D, Residential Medium Density. A motion was made by Commissioner Rasmussen, Commissioner Schmidt second, to General Plan unanimously approve the General Plan amendment to 346 N. Stockton Street from PQP, Amendment Public Quasi/Public to MDR, Medium Density Residential. A motion was made by Commissioner Rasmussen, Commissioner Schmidt second, to Action on Rezoning unanimously approve the rezoning of 320 and part of 353 North Washington Street; (APN's 041-230-39 & 40) from R - I *, Single -Family Residential (Eastside) to PUB, Public. lu 0 DEMPLANNING"IMINUTEM1996\NIIN9-9.DOCMIN9-9.DOC Chairman Marzolf announced that the Planning Commission would conduct their annual Election of Officers election to elect a chairman and vice-chairman to serve during the 1996/97 year. Chairman Nlarzolf nominated Commissioner Rasmussen as the Planning Commission Chairman. Second by Commissioner Schmidt. The nomination of Commissioner Rasmussen was approved on a 6-0 vote. Commissioner Rasmussen made a motion that Commissioner McGladdery be nominated as the vice-chairman, Commissioner Schmidt second, approved on a 6-0 vote. ANNOUNCEMENTS AND CORRESPONDENCE New Planning Newly appointed Planning Commissioner, John Borelli, was introduced and welcomed to the Commissioner, John Planning Commission. Borelli ADJOURNMENT As there was no further business to be brought before the Planning Commission, Chairman Marzolf adjourned the session at 8:45 p.m. Respectfully submitted, David Morimoto Senior Planner Iw OADEMPLANNINMMINUTES1I996WIN94DOCMIN9-9.DOE LODI UNIFIED SCHOOL DISTRICT FACILITY PLANNING DEPARTMENT I305 East Vine Street, Lodi, California 95240 October 17, 1996 City of Lodi Community Development Department P.O. Box 3006 Lodi, CA 95241 Attn: Rad Bartiam, Community Development Director SUBJECT: Mitchell Fletcher Development GPA & Rezone Gentlemen: Please be advised that the potential impact on school facilities created by the above referenced General Plan Amendment and Rezone has been acceptably mitigated via "Agreements for Provision of School Facilities Funding" executed by the property owners within the project area. Therefore, the District has no objection to approval of this project. Should you have any questions, please feel free to contact either Lynette Scherer or myself at 331-7219. Thank you for your assistance in working through this matter. Sincerely, —Max itXJ 4fa� Mary Joan Starr Administrative Director of Facilities and Plannine MJS/LS cc: Mitchell FIetcher Lodi (209) 331-7218 Stockton (209) 953-8218 Fax (209) 331-7229 CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: September 9, 1996 APPLICATION NO: Rezone: Z-96-04 General Plan Amendment: GPA LU 96-3 REQUEST: For approval of a Rezone from R -I *, Single -Family Residential (Eastside) to R -MD, Residential Medium Density, and R -I * to PUB, Public. Also for approval of a General Plan Amendment from LI to MDR and PQP to MDR. LOCATION: 319, 323, 327, 331, 335, 339, 343, 346, 347, & 351 North Stockton Street; 116 East Lawrence Avenue; also 320 and the residentially zoned portion of 353 North Washington Street (APN's 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, 38, 39, 40 & 43). APPLICANT: Mitchell Fletcher Development 1015 South Central Street ',B Lodi, CA 95240 Site Characteristics: The site of the proposed General Plan amendment and Rezone consist of approximately 2 acres, is within the City limits, and is fully developed as housing and public uses. The project area is zoned R-1*, Single -Family Residential (Eastside) which allows for one home to be built on each property. General Plan Designation: LI, Light Industrial PQP, Public Quasi -Public Zoning Designation: R-1 *, Single -Family Residence (Eastside) PUB, Public Size of Project Area: 13 properties totaling approximately 2 acres with an average lot size of roughly 7,000 square feet. Adiacent Zoning and Land Use: North: Zoning: PUB, Public. General Plan Designation: DBP, Drainage Basin Park. South: Zoning: M -I & M-2, Light and Heavy Industrial. General Plan Designation: LI & HI, Light and Hea,,-y Industrial. East: Zoning: PUB, Public. General Plan Designation: DBP, Drainage Basin Park. West: Zoning: M-2, Heavy Industrial. General Plan Designation: HI, Heavy Industrial. Iw 0.1•DEPT\P',ANNINr1STAFFRP7,STRZ9604.DOC Neighborhood Characteristics: Of the 13 properties in the project area, 2 are public buildings, 5 have more than one unit, and the remaining 6 have a single unit. Approximately 53% of the land uses in this zone are not single-family. homes. The housing includes 6 single-family homes, 1 duplex, three properties with two single units on each, and one 5 unit apartment. The public uses include the Armory/National Guard Building and the American Legion Memorial Building. The project site is bordered on the south by housing, industrial properties, and a parking lot for the Armory/National Guard Building; bordered on the west across an alley by industrial uses; bordered on the north across Lawrence Avenue by the City's softball complex and Grape Bowl; and bordered on the east by Lawrence Park and the American Legion Memorial Building. (See Maps) ENVIRONMENTAL ASSESSMENTS: Negative Declaration ND 96-07 was prepared for this project. The project was determined to have no significant impacts and no mitigation measures have been required. RECOMMENDATION: Staff recommends that the Planning Commission approve the General Plan amendment and Rezone subject to the conditions as set forth in the attached resolution. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the General Plan amendment and Rezoning with alternate conditions • Denv the General Plan amendment and Rezoning • Continue the Request ATTACHMENTS: 1. Vicinity Map 2. Maps of Existing and Proposed Zoning 3. Maps of Existing and Proposed Land Use Designations. 4. Map of Land Use 5. Draft Resolution I%v 0 \DEP P.PLANNING\STAFFRPT\STR7.9504.DOC SEPTEMBER 5, 1996 FLETCHER DEVELOPMENT 1015 S. CENTRAL ST., #B LODI, CA 95240 RE: 335 N. STOCKTON ST., REZONING MR. MITCH FLETCHER, ALTHOUGH I WILL BE UNABLE TO ATTEND THE MONDAY NIGHT'S PLANNING COMMISSION MEETING, I WOULD LIKE TO SAY I FULLY SUPPORT YOUR INTENTIONS TO IMPROVE THE PROPERTY OF 335 N. STOCKTON. AS YOU KNOW, I OWN PROPERTY ON THE SAME STREET; 309 AND 313 N. STOCKTON ST. I ALSO OWN THE PROPERTY DIRECTLY BEHIND MY STOCKTON ST. PROPERTY; 312, 314 AND 316 N. MAIN, ALL OF WHICH IS OCCUPIED BY LODI CHROME AND DOORS PLUS INC. AGAIN, I WOULD LIKE TO STATE, I BELIEVE THIS WOULD BE A STEP IN THE RIGHT DIRECTION TO STOP THE DETERIORATION OF THE NEIGHBORHOOD. BEST REGARDS, DAL/jrb DOUGLAS A. LARSSON PRESIDENT ORDINANCE NO. 1642 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE LAND USE ELEMENT OF THE LODI GENERAL PLAN BY REDESIGNATING THE PARCELS LOCATED AT 319, 323, 327, 331, 335, 339, 343, 347 & 351 NORTH STOCKTON STREET, AND 116 EAST LAWRENCE AVENUE, (APN'S 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, & 43) FROM LI, LIGHT INDUSTRIAL TO MDR, MEDIUM DENSITY RESIDENTIAL; AND REDESIGNATING THE PARCEL LOCATED AT 346 NORTH STOCKTON STREET (APN 041-230-38) FROM PQP, PUBLIC QUASI/PUBLIC TO MDR, MEDIUM DENSITY RESIDENTIAL BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. The Land Use Element of the Lodi General Plan is hereby amended by redesignating the parcels located at 319, 323, 327, 331, 335, 339, 343, 347 & 351 North Stockton Street, and 116 East Lawrence Avenue, (APN'S 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32 & 43) from LI, Light Industrial to MDR, Medium Density Residential; and redesignating the parcel located at 346 North Stockton Street (APN 041-230-38) from PQP, Public Quasi/Public to MDR, Medium Density Residential, as shown on the Vicinity Map, on file in the office of the Lodi City Clerk. Section 2. A Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. Further, the Planning Commission has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in their Resolution No. 96-11. Section 3 - No Mandatory Duly 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 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. 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 day of , 1996 PHILLIP A. PENNINO 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. 1642 was introduced at a regular meeting of the City Council of the City of Lodi held December 18, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1997 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1642 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: VaW51 � , , Z eZ RANDALL A. HAYS City Attorney ORDINANCE NO. 1643 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING THE PARCELS LOCATED AT 319, 323, 327, 331, 335, 339, 343, 346, 347, & 351 NORTH STOCKTON STREET, AND 116 EAST LAWRENCE AVENUE, (APN'S 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, 38 & 43) FROM R-1*, SINGLE-FAMILY RESIDENTIAL (EASTSIDE) TO R -MD, RESIDENTIAL MEDIUM DENSITY; AND ALSO REZONING 320 AND THE RESIDENTIALLY ZONED PORTION OF 353 NORTH WASHINGTON STREET, (APN'S 041-230- 39 & 40) FROM R-1*, SINGLE-FAMILY RESIDENTIAL (EASTSIDE) TO PUB, PUBLIC 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 parcels located at 319, 323, 327, 331, 335, 339, 343, 346, 347, & 351 North Stockton Street, and 116 East Lawrence Avenue, (APN'S 041-230-22, 23, 24, 25, 28, 29, 30, 31, 32, 38 & 43) are hereby rezoned from R-1*, Single -Family Residential (Eastside) to R -MD, Residential Medium Density; and also 320 and the residentially zoned portion of 353 North Washington Street, (APN'S 041-230-39 & 40) are hereby rezoned from R-1*, Single -Family Residential (Eastside) to PUB, Public, as shown on the Vicinity Map, on file in the office of the City Clerk. Section 2. A Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. Further, the Planning Commission has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in their Resolution No. 96-11. 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 5. 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 6. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 7. 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 day of , 1996 PHILLIP A. PENNINO 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. 1643 was introduced at a regular meeting of the City Council of the City of Lodi held December 18, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1997 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1643 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: e',� RANDALL A. HAYS City Attorney CITY 01 LODI NOTIC OF PUBLIC HEARING Carnegie Forum Date: December 18, 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, December 18, 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) The Planning Commission's recommendation that the City Council adopt the rezone and General Plan Amendment for 319, 323, 327, 331, 335, 339, 343, 346, 347 and 351 North Stockton Street; 116 East Lawrence Avenue; also 320 and the residentially zoned portion of 353 North Washington Street — this rezone would be from R-1*, Single -Family Residential (Eastside) to R -MD, Residential Medium Density, and R-1* to PUB, Public and also for approval of a General Plan Amendment from LI, Light Industrial to MDR, Medium Density Residential and PQP, Public Quasi Public to MDR 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: J i,�r4/N C L lam; ; �J•.'�/� fer M. errin City Clerk Dated: November 6, 1996 Approv as to form: Aze Randall A. Hays City Attorney JACITYURKIFORMSINOTCDD. DOC 11/6!96 OFF 40 </FORCE Public Hearing: Planning Commission recommends rezone and general plan amendment Re: N. Stockton Street and East Lawrence Avenue On November 7, 1996 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 "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 November 7, 1996, at Lodi, California. Jennifer M. Perrin City Clerk Linda S. Nichols Administrative Clerk decmail/forms FirstName LastName Address City State PostalCode I. Roger & Bentz 1506 Lodi CA 95242 Jackie Mariposa Wav 2. Brian L. & Elrod 347 N. Lodi CA 95240 Gaye Stockton St 3. Leanora M. Reiswig, 8897 E. Lodi CA 95240 Tr. Kettleman Ln 4. Robert & V. Riggle, TR 712 Cross Lodi CA 95242 Street 5. Marlene Gutierrez, 541 S. Lodi CA 95242 et al Ham Lane Suite C 6. H and C Investments 1029S. Lodi CA 95240 Church St. 7. Irvin R. & Bender, P.O. Box Wood CA 95258 L. Trs. 1014 bridg e 8. Sharon Reiswig 319 N. Lodi CA 95240 Stockton Street 9. Doug & Larrsson 16231 N. Lodi CA 95240 Susan Hoerl Road 10. Calvin L. Kurle 346 N. Lodi CA 95240 Stockton St 11. Timothy & Frey 317 Cork Lodi CA 95242 Saundra Oak 12. J & D Herfmdahl, 4341 St. Stock CA 95219 Trs., Etal Andrews ton Drive 13. Roy & Belanger 2372 Lodi CA 95242 Ingebur; Brittany Lane 14. Syed & Shan 2910 Lodi CA 95242 Dorothy White Oak Way 15. Jack & Goans 330 N. Lodi CA 95240 Lynette Main Street 16. Barry & Hall P.O. Box Locke CA 95237 Lonnie 860 ford 17. Gary & G. Wagers, 6140 Lake CA 96094 Trs. Wood Shast Court a 18. Harold E. & Woody 2609 Stock CA 95240 R. Learned ton Avenue 19. James G. & Purvis 2207 Lodi CA 95242 Edith Oxford . 5 -- �'o�,d G.; �'�rc:.. 33 "-ci: Cry 4t,M ner,rCAort tO1� s. Ca,,•��P� 5�-;�tfl i-a.t Gk 's 'a 4 o FirstName LastName Addressl Citv State PostalCode Way 20. Muzafar Khan 439 Lodi CA 95240 Murray Street 21. Lodi Post No. 22 Inc. P.O. Box Lodi CA 95241 521 22. Deborah Cook, Etal P.O. Box Stock CA 95208 9170 ton 23. Wayne & Ogren P.O. Box Lodi CA 95241 Kimberlvn 1344 24. Wasiq Khan 233 N. Lodi CA 95240 Central Avenue Southern Railroad Pacific Co. . 5 -- �'o�,d G.; �'�rc:.. 33 "-ci: Cry 4t,M ner,rCAort tO1� s. Ca,,•��P� 5�-;�tfl i-a.t Gk 's 'a 4 o Eastside Improvement Committee //zn J19411.9 /rimbruq.4, and IJg4 l P.O. Box 2444 Lodi, Ca. 95241 December 11, 1996 (209) 368-8848 TO: Lodi City Council and Staff FROM: Virginia Snyder RE: Proposed re -zoning of 300 block North Stockton St. from R-1 to RMD. At one property owner's request, you will be asked on December 18 to re -zone the 300 block of North Stockton Street to allow a duplex to be built on every parcel in that block. Our history has taught us that higher density housing in eastside neighborhoods has resulted in horrendous crime rates, lower property values, and a flight by owners of single- family homes. For years, destructive zoning practices allowed Lodi's eastside to be used as a dumping ground. Thankfully, recent city councils have and are making a heroic effort to reverse past practices which have destroyed the quality of life for over 20,000 Lodi residents. At Mr. Bartlan's request, Colleen Dixon, Virginia Lahr, and myself met to discuss the proposed zoning change. We have a high regard for Mr. Bartlan's professionalism and expertise. However, those of us who have lived with the effects of overcrowding feel this proposed zoning will destroy one more eastside neighborhood. Before you make your decision, I hope you'll have an opportunity to drive through the other medium and high density areas listed on the attached police summary. Swain and Lambert are all duplexes - exactly what is proposed for North Stockton Street. Do we really want more of this? Many progressive cities are beginning to view a mix of duplexes, multiple units, and single family homes asgood planning for healthy neighborhoods. That describes the 300 Block N. Stockton as it is today. As you'll see from the police report, it's now a quiet residential area, and reasonably safe for those who use the ball diamonds and the Grape Bowl. We feel the Grape Bowl will become a major asset to Lodi in the future. Tourists would not feel safe parking in a crime -ridden area. Even though two parking spaces per unit would be required, tenant and visitor parking will still clog the street. For the past four years, Lodi citizens and their government have struggled to reclaim Lodi's eastside. Thanks to City Councils, city staff, and citizen volunteers, it is working! If we stay on course, one day we can be proud of ALL parts of Lodi. I implore you - please don't nullify our joint efforts. Please don't create one more eastside ghetto. Cordially, January -November 14, 1996 Lambert Ct. 3 Burglaries 1 Drug 4 Suspicious activity 13 Disturbances 3 Miscellaneous 2 Theft January -November 18, 1996 3 Alarms 3 Domestic assault 1 Property damage - 400 E. Locust St. 3 City code violation 49 Disturbance calls 1 Animal \ 18 Suspicious activity 9 Juvenile 26 Vehicle, bike or walking stops 1 Warrant 8 Juvenile stops 5 Property damage 7 Vehicle code violations 2 Vehicle thefts 9 Warrants 4 Vehicle stops 2 Thefts 3 Special assignments 9 City code violations �q 2 Vehicle code violations 2 Property damage 6 Drug violations 1 Special assignment Swain Dr. 1 Weapons 4 Vehicle burglaries 1 Morals 1 Prisoner booking 2 Thefts 2 Drugs 16 Miscellaneous 7 Juveniles 6 Persons cared for 16 Disturbances 3 Property damage 5 Suspicious activity 1 Possessing stolen property 5 Persons cared for 6 Intoxicated persons 1 Assault with a weapon 4 Domestic assaults 1 Domestic assault 1 Vehicle theft 2 Animal calls 1 Collision 1 Unattended death 3 Subpoenas 1 Vehicle code violation 1 Burglary 4 City code violations l 1 Property damage 1 Warrant January -November 18, 1996 500 E. Locust St. 6 Disturbances 5 Suspicious activity 2 Miscellaneous 2 Thefts 12 Vehicle or walking stops 1 Domestic assault 1 Vehicle theft 1 Animal call 2 Vehicle code violations 2 Property damage 2 Persons cared for 1 Parking enforcement 1 Juvenile ` 1 Drug 1 Intoxicated person 2 City code violations 1 Burglary 1 Property recovered/lost 1 Hate crime 300 N. Stockton St. 1 Miscellaneous I Juvenile 7 Suspicious activity 1 Property damage �I 3 City code violations 1 collision 2 Vehicle code violations X 1 Disturbance 1 Vehicle stop 1 Vehicle theft 1 Animal call 1 Theft