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Home My WebLink AboutAgenda Report - May 2, 2018 C-15 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM G�5 TM AGENDA TITLE: Set Public Hearing for May 16, 2018 to Consider the Appeal of Omair Nasim / DN Acquisitions, LLC for Reconsideration of the Planning Commission Project Indecision MEETING DATE: May 2, 2018 PREPARED BY: Community Development Director RECOMMENDED ACTION Set public hearing for May 16, 2018 to consider the appeal of Omair Nasim / DN Acquisitions, LLC for reconsideration of the Planning Commission project indecision. BACKGROUND INFORMATION: On April 11, 2018, the Lodi Planning Commission held a duly noticed public hearing for the Omair Nasim / DN Acquisitions, LLC request for a Site Plan and Architectural Review for the construction of a 76 gas station with convenience store, six -dispenser fuel station, car wash and site improvements at 141 East Harney Lane. On November 8, 2017, the Planning Commission conducted a public hearing on the site plan review. The discussion was primarily upon allowed land uses, potential alcohol sales, shared access and the existing driveway and on-site layout. The Planning Commission took in public comments and recommended approval of the project by a (5-0) vote making the findings of approval and adopting a resolution for approval. Since that approval, the applicant has asked to modify the previous approval and utilize the shared driveway that was created for this property. At the April 11, 2018 meeting the Planning Commission's primary focus was in regard to shared access and the existing driveway between two properties. Based on the administrative record before them, the Planning Commission's vote on the project ended in a 2-2 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. Stev -+.uer Community Development Director APPROVED: uerity Manager Omair Nasim DN Acquisitions, LLC 141 East Harney Lane Lodi, CA 95240 April 12, 2018 Craig Hoffman City Planner City of Lodi — Community Development 221 West Pine Street Lodi, CA 95241 RE: Application for City Council Hearing- 141 East Harney Lane Dear Mr. Hoffman: The purpose of this letter is to appeal the 2-2 vote by the Planning Commission regarding the request to amend the Conditions of Approval for the project located at 141 East Harney Lane. We would like to bring before the City Council our request to specifically remove the condition that we install a center median on Stockton Street. I appreciate your time and attention to this matter. Sincerely, Omair Nasim DN Acquisitions, LLC CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE Omair Nasim DN Acquisitions, LLC 141 E. Harney Lane Lodi, CA 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.nov citvclerk a( Iodi.gov April 16, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: APPEAL OF PLANNING COMMISSION DECISION (04/11/18) Regarding Planning Commission 2-2 Vote on Request to Amend Conditions of Approval (141 East Harney Lane, Lodi) Please note that your correspondence dated and received April 12, 2018, regarding the above -referenced subject matter, was timely filed in accordance with Lodi Municipal Code Chapter 17.70, Appeals. In addition, a copy of the submitted documentation was provided to the City Council and the following departments for information, referral, and/or or response: 1) City Manager, 2) City Attorney, and 3) Community Development. Your check in the amount of $300 to appeal the decision of the Planning Commission was received and forwarded to the Community Development Department. You will be notified in writing of the date this matter will be considered by the City Council. In the interim, please feel free to give me a call at (209) 333-6702 should you have any questions and/or concerns regarding the above. cc w/enclosure: Sincerely, J� f nifer City Clerk City Council City Manager City Attorney Community Development Department N:\Administration\CLERK\CityClrk\CORRESP\lAppeal_141 E Hamey.doc -)-r2r,tAL,u6 Ferraiolo, MMC CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE Omair Nasim DN Acquisitions, LLC 141 E. Harney Lane Lodi, CA 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk[a7lodi.gov April 26, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: APPEAL OF PLANNING COMMISSION DECISION (04/11/18) Regarding Planning Commission 2-2 Vote on Request to Amend Conditions of Approval (141 East Harney Lane, Lodi) This is to notify you that at the City Council meeting of May 2, 2018, 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 date for the public hearing pertaining to the above matter. Enclosed is a copy of the May 2, 2018, City Council agenda and staff report related to Consent Calendar Item C-15 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; otherwise, testimony regarding the matter will be received at the public hearing. Should you have any questions, please contact me at (209) 333-6702 or Community Development at (209) 333-6711. Sincerely, JMF Enclosures cc: Community Development Department nnifer Merraiolo, MMC ity Clerk Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL PUBLISH DATE: SATURDAY, MAY 5, 2018 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 3, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 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 classified)@lodinews.com at'5-ime) on ate) (pages) LNS Phoned to confirm receipt of all pages at (time) ES _P F (Initials) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 3, 2018, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider the appeal of Omair Nasim / DN Acquisitions, LLC, 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 May 3, 2018, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTCDD.DOC DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 3, 2018, 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 Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project indecision, attached hereto 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 May 3, 2018, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK Forms/decmail.doc ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: May 16, 2018 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 EXHiEiT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 16, 2018, 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 item: a) Consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project denial. 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 West 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, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: 4 er M. Fe r iclo C f Clerk Dated: May 2, 2018 Ap oved as to form:, Janice D. Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERK\PUBHEAR\NOTICES \NOTCDD.DOC 5/1/18 TA05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. HARNEY EXH 1 B i PARCEL OWNER ATTN ADDRESS CITY STATE ZIP 6258001 CASTELLON, MICHELL RAE TR 210 MULLEN WAY LODI CA 95240 6258002 THOMAS, JANE ERIN TR 1128 JUNEWOOD DR LODI CA 95242 6258003 KARSTING, RICHARD V & BARBARA 2310 MORAN CT AUBURN CA 95603 6258004 IBARRA, ISIDRO E & CONNIE A 228 MULLEN WAY LODI CA 95240 6258007 FLEMMER, LOWELL BRUCE & VIOLET 2031 BERN WAY LODI CA 95242 6258008 SANDERS, AARON 2553 KIRSTEN CT LODI CA 95240 6258009 CRYSTAL ENTERPRISES L P PO BOX 1259 WOODBRIDGE CA 95258 6258010 VALENZUELA, RAUL JR & CHRISTIN 2565 KIRSTEN CT LODI CA 95240 6258039 CRYSTAL ENTERPRISES LP PO BOX 1259 WOODBRIDGE CA 95258 5813002 VARNER, SEAN & SUMMER 2601 S STOCKTON ST LODI CA 95240 5813003 IBARRA, RAMON L & SOCORRO P TR 249 ARGOS WAY LODI CA 95240 6241035 DN ACQUISITIONS LLC 10940 TRINITY PKWY STE C 274 STOCKTON CA 95219 6258040 DHARNI LADA LLC 255 E HARNEY LN LODI CA 95240 6241018 JACKSON, GREGORY L TR PO BOX 794 LODI CA 95241 6241017 ATHANASIOU, GEORGE J TR 18445 RODEO DR LODI CA 95240 6241025 VALLEY IRON WORKS INC JOSEPH M COUBAL 2205 ROARING CAMP DR GOLD RIVER CA 95670 6241024 BURKE, LEO P III & LANISE J TR EDWARD T BURKE 2491 MAGGIO CIR LODI CA 95240 6241019 BURKE, LEO P I TR & LANISE J T BRIAN J HIJOS TR 458 E VALLEY OAK PL STOCKTON CA 95219 5813025 TSUTSUMI, DIANE Y GARY T TSUTSUMI 3725 E ARMSTRONG RD LODI CA 95240 6241034 ERGONIS LAND CO LP 19991 FAIRWAY CT WOODBRIDGE CA 95258 5866015 LODI CITY OF PO BOX 3006 LODI CA 95241 5813026 LODI CITY OF 221 W PINE ST LODI CA 95240 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. 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