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HomeMy WebLinkAboutAgenda Report - June 20, 2018 G-02 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM G-2 TM AGENDA TITLE: Continue to July 18, 2018 the Continued Public Hearing to Consider the Appeal of Omair Nasim / DN Acquisitions, LLC for Reconsideration of the Planning Commission Project Denial MEETING DATE: June 20, 2018 PREPARED BY: Community Development Director RECOMMENDED ACTION Continue to July 18, 2018 the continued public hearing to consider the appeal of Omair Nasim / DN Acquisitions, LLC for reconsideration of the Planning Commission project denial. BACKGROUND INFORMATION: In an effort to move the project forward, the applicant is appealing the Planning Commission's decision to the City Council. The project before the City Council is an appeal to overturn the denial of the applicant's architecture and site review for a proposed gas station use, which modified the site plan and removed condition #45 originally approved by the Planning Commission at the November 8, 2017 meeting. To date, this application has been before the Site Plan and Architecture Review Committee for two public hearings, the Planning Commission for two public hearings and the City Council for one public hearing. The public hearing on May 16, 2018 was continued to June 20, 2018 with direction to attempt to facilitate an agreement between the Applicant, the Proponent and the City. Staff, the applicant and the proponent met on June 6, 2018 to discuss the project. Staff feels more time is needed to continue working toward a mutually beneficial option. Staff recommends the public hearing be continued to the next regularly scheduled City Council meeting of July 18, 2018. FISCAL IMPACT: FUNDING AVAILABLE: Not Applicable Not Applicable Stephen Schwabauer Community Development Director APPROVED: Michael R. Tener 1047 Port Chelsea Circle Lodi, CA 95240 [michaeltener@comcast.net] June 8, 2018 Hon. Alan Nakanishi, Mayor Hon. Joanne Mounce, Mayor Pro Tempore Hon. Mark Chandler Hon. Bob Johnson Hon. Doug Kuehne CITY COUNCIL OF THE CITY OF LODI C/O CITY CLERK'S OFFICE P.O. Box 3006 Lodi, CA 95241-1910 Via U.S. Mail and E-mail [citycouncil@lodi.gov] RE: Opposition to Appeal of Omair Nasim / DN Acquisitions, LLC for Reconsideration of Planning Commission Project Denial — 141 E. Harney Lane (next to Montessori School) Honorable Mayor Nakanishi and Members of the City Council: I am the father of two children that attend Lodi Montessori preschool. I spoke at the May 16, 2018 hearing regarding the appeal of the Planning Commission's denial of Mr. Nasim's request to modify his approved site plan by removing the condition of approval requiring the project to have its own separate entrance from Stockton Street. As I explained at the hearing, I am very concerned about gas station traffic driving through the preschool parking lot and endangering my children and the others that attend the Montessori school. I am grateful for the comments of Councilmembers Mounce, Kuehne and Johnson at the May 16 hearing expressing their opposition to the appeal. I understand that the appeal will be coming before the City Council again on June 20, 2018, and I am writing to respectfully ask the Council not to approve any plan that would allow traffic to access the proposed gas station through the school. A. Connecting a Gas Station to the Montessori School Would Endanger Children The Harney Lane -Stockton Street intersection is busy and frequently congested. As the Council was quick to recognize, routing that traffic through a driveway that is shared with a preschool would not only compound existing traffic problems but would present a serious danger to the children and families that attend the Montessori school. Connecting the gas station to the school parking lot via a shared driveway or access point creates many foreseeable risks, including: Page 1 of 6 • Motorists heading to the gas station traveling north on Stockton Street are likely to skip past the shared south entrance—which is often blocked by southbound traffic in the left turn lane—and use the north entrance to the Montessori School, then drive south through the school's parking lot to reach the gas station. • Motorists traveling south on Stockton Street are likely to use the north entrance to the school as a shortcut to reach the gas station whenever traffic at the signal light backs up past the south entrance, which also happens routinely. • Motorists leaving the gas station and who wish to go north on Stockton Street or cross over into the turning lane to turn left onto Harney Lane east toward Highway 99 or Costco are likely to drive north through the school's parking lot to reach the north exit, since the shared south exit is often blocked with traffic. • Gas station traffic speeding through the Lodi Montessori parking lot not only poses risks of hitting young children going to or from their parents' cars—Montessori students' ages range from 2 to 6—but also increases the risk of vehicular accidents as parents would be forced to contend with cross -traffic while backing out of parking stalls. (Fig. 1.) This Google Maps satellite image shows the Harney Lane/Stockton Street intersection. Page 2 of 6 The photos below illustrate some of the traffic conditions that are likely to encourage motorists to trespass through the Montessori parking lot coming to or leaving the gas station: (Fig. 2.) This photo was taken shortly before 8:30 a.m. on Wednesday, May 30, 2018, facing south on Stockton Street at the intersection with Harney Lane. The south entrance to the Montessori school is visible on the right behind the white work truck. In the photo above, traffic in the left turn lane prevents vehicles coming from the intersection from turning left into the south entrance to the Montessori School. Traffic in the right lane (which would normally be closer to the sidewalk but for the work trucks that happened to be parked near the intersection when the photo was taken) would normally impede vehicles heading toward the intersection from turning right into the south entrance. Both scenarios would encourage motorists to use the north entrance to the Montessori school and drive across its parking lot to reach the gas station. (Fig. 3.) This photo of the Harney Lane/Stockton Street intersection was taken on Stockton Street across from the Montessori School. Traffic preparing to turn left from the center turn lane blocks traffic heading north on Stockton Street from making a left turn into the south entrance to the school. Page 3 of 6 The photo at the bottom of the previous page illustrates how traffic in the center turn lane routinely prevents vehicles from turning left into the south entrance of the school. For that reason, Montessori parents routinely use the north entrance when dropping off and picking up their children. Unfortunately, motorists trying to reach the gas station would likely do the same thing. Additionally, the photo also illustrates why motorists leaving the gas station and wishing to turn left onto Harney Lane toward Highway 99 or Reynolds Ranch would be encouraged to drive through the Montessori parking lot to exit from the north. The north exit provides a clearer path to get into the turning lane with less interference from southbound traffic. I hope to avoid the nightmare scenario in which an impatient or inattentive motorist driving through the Montessori parking lot to get to the gas station encounters a children darting out into the parking lot or a family walking to school. (Fig. 4.) My wife walks our five-year-old daughter and three-year-old son across the parking lot to school. Again, I want to express my sincere thanks to the City Council for recognizing these dangers at the May 16 meeting. I understand that at the next meeting the Council may consider revisions to Mr. Nasim's plan. While I have no objection to the development of Mr. Nasim's property, I respectfully ask the Council to protect the children and families that attend Lodi Montessori by declining to approve any revisions to the existing plan that would contemplate shared access with the preschool. B. The City is NOT Required to Approve a Dangerous Site Plan Simply Because the Gas Station Owner Holds a Private Easement At the May 16 hearing, City Planner Craig Hoffman recommended that the City Council grant the appeal. It did not appear that Mr. Hoffman was recommending approval because he had concluded that the proposed site plan was safe or posed no danger to children attending the Montessori preschool. Instead, Mr. Hoffman appears to have been making a legal argument that the City has no choice but to approve the plan because Mr. Nasim's company has an easement over the school's property and that impairing that easement is outside of the City's jurisdiction. Page 4 of 6 I understand Mr. Hoffman's position, but respectfully disagree. It is simply not true that by conveying an easement, private parties can tie the City's hands and force it to approve a site plan no matter what, even if it put children's lives at risk. The City is well within its authority to deny the appeal if it determines that the proposed plan would pose a safety or traffic hazard, and the plan on appeal here does exactly that. Lodi Municipal Code section 17.40.020 governs the City's review of the design aspects of proposed development. That section explains the purposes that underlie the City's site plan and architectural review authority. Among them, the City's review is intended to ensure "that development complies with all applicable city standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources" (my emphasis). Additionally, under to LMC section 17.40.020(E)(1)(b), a site plan cannot be approved unless the City first makes a finding that the planned development would "[n]ot interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards" (my emphasis).1 The Lodi Municipal Code thus expressly contemplates that the City may review and deny a site plan that poses traffic or safety hazards. Because the proposed plan does pose those hazards, the City Council has the authority to deny the appeal and require Mr. Nasim to adhere to the site plan that he negotiated and that the Planning Commission has already approved. The staff report for this item at the May 16 hearing stated that "[i]f the [easement] right is legally vested, the City does not have the right to deny the project and effectively take away that private property right." Again, I respectfully disagree. Protecting public safety is squarely within the City's jurisdiction, and the law is clear that where hazards to health and safety are involved, the City Council may deny approval of a proposed land use even if the development rights are otherwise vested. See Davidson v. County of San Diego (1996) 49 Cal.App.4th 639, 648: "It is well-settled in California that public entities may impair vested rights where necessary to protect the health and safety of the public." In any event, denying the appeal does not prevent Mr. Nasim from developing his property. It only requires a separate entrance into the gas station, which is an arrangement that he negotiated and the Planning Commission has already approved. Conclusion As several members of the City Council observed on May 16, sharing a driveway or parking lot between a gas station and a preschool is an invitation to tragedy. The Council has ample authority to regulate this site plan to protect the safety of this City's children, and I respectfully 1 Additionally, Lodi Municipal Code section 17.32.110 regulates parking lot layout and site access, prioritizing "safety and efficiency." Among the factors that must be considered are, among others, "a. Ingress and egress with consideration to possible conflicts with vehicular and pedestrian traffic," "b. Intra -parking lot pedestrian and vehicular conflict," and "f. Promoting compatibility with adjacent land uses." Again, the law clearly authorizes the City to reject site plans, like the one on appeal, that would be incompatible with existing uses. Page 5 of 6 ask that it exercise that authority to keep the existing preschool and the proposed gas station separate. Respectfully submitted, s/ Michael R. Tener Michael R. Tener cc: Brett Jolley, Shore, McKinley, Conger & Jolley, LLP Diane G. Kindermann Henderson, Abbott & Kindermann, Inc. Page 6 of 6 DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, June 21, 2018, in the City of Lodi, San Joaquin County, California, a Notice of Continued 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 June 21, 2018, at Lodi, California. Lin PAMELA M. FARRIS DEPUTY CITY CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTCDD.DOC DECLARATION OF MAILING CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, June 21, 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 Continued 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 June 21, 2018, at Lodi, California. crfik_27'0AA/).0 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK Forms/decmail.doc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: July 18, 2018 Time: 7:00 p.m. l For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 EXr HI:. A NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, July 18, 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 continued 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, Loth, 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: fifer M. F raiol C Clerk Dated: June 20, 2018 Ap aved as to form: Janice Dagdich Crty orney 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 6/18/18 07-18-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. BT B 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, RAULJR & 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 5813.003 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 ATHANASI0U, 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 3.006 LODI CA 95241 5813026 LODI CITY OF 221 W PINE ST LODI CA 95240 07-18-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. HARNEY LN, 2444 2443 f 1 Maggio Cir. 2423 2505 (Sr. 2601 2621 2636 2707 2119 217 .2 Mullen Wy. 4 2647 2653 2660 1663 Marney 4n. 2030 0 g 2621 r 2610 52 2610 2622 7520 2501 2510 2345 0252 2559 2661 010811815 Nk b 51 NNW zoo ,® Mri6r C1. Culbertson Dr. R fi N 2520 250 2092 21111 2661 26{1 2631 2081 2671 2600 2610 2801 2311 D�II50 801 0. 0. M1I 0 O C c 2�0 2623 2731 Rocky Ln DIANE KINDERMANN ABBOTT & KINDERMANN, INC. 2100 21ST STREET SACRAMENTO CA 95818 BRETT JOLLEY SHORE, MCKINLEY, CONGER & JOLLEY, LLP 3031 W MARCH LANE STE 230 STOCKTON CA 95219 MICHAEL TENER 1047 PORT CHELSEA CIR LODI CA 95240 DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 17, 2018, in the City of Lodi, San Joaquin County, California, a Notice of Continued 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 17, 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 CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 17, 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 Continued 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 17, 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 CONTINUED PUBLIC HEARING Date: June 20, 2018 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 20, 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 continued 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: nifer M erraiolo City Clerk Dated: May 16, 2018 Approved as to form: agdich rney 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 5/17/18 1EXHIET a� DIANE KINDERMANN ABBOTT & KINDERMANN, INC. 2100 21ST STREET SACRAMENTO CA 95818 BRETT JOLLEY SHORE, MCKINLEY, CONGER & JOLLEY, LLP 3031 W MARCH LANE STE 230 STOCKTON CA 95219 ZIP 95240 06-20-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. HARNEY LN. PARCEL 6258001 6258002 6258003 6258004 6258007 6258008 6258009 6258010 6258039 5813002 5813003 6241035 6258040 6241018 6241017 6241025 6241024 6241019 5813025 6241034 5866015 5813026 OWNER CASTELLON, MICHELL RAE TR THOMAS, JANE ERIN TR KARSTING, RICHARD V & BARBARA IBARRA, ISIDRO E & CONNIE A FLEMMER, LOWELL BRUCE & VIOLET SANDERS, AARON CRYSTAL ENTERPRISES LP VALENZUELA, RAULJR & CHRISTIN CRYSTAL ENTERPRISES LP VARNER, SEAN & SUMMER IBARRA, RAMON L & SOCORRO P TR DN ACQUISITIONS LLC DHARNI LADA LLC JACKSON, GREGORY L TR ATHANASI0U, GEORGE J TR VALLEY IRON WORKS INC BURKE, LEO P III & LANISE J TR BURKE, LEO P I TR & LANISE J T TSUTSUMI, DIANE Y ERGONIS LAND CO LP LO:DI CITY OF LODI CITY OF ATTN JOSEPH M COUBAL EDWARD T BURKE BRIAN J HIJOS TR GARY T TSUTSUMI ADDRESS 210 MULLEN WAY 1128 JUNEWOOD DR 2310 MORAN CT 228 MULLEN WAY 2031 BERN WAY 2553 KIRSTEN CT PO BOX 1259 2565 KIRSTEN CT PO BOX 1259 2601 S STOCKTON ST 249 ARGOS WAY 10940 TRINITY PKWY STE C 274 255 E HARNEY LN PO BOX 794 18445 RODEO DR 2205 ROARING CAMP DR 2491 MAGGIO CIR 458 E VALLEY OAK PL 3725 E ARMSTRONG RD 19991 FAIRWAY CT PO BOX 3006 221 W PINE ST CITY LODI LODI AUBURN LODI LODI LODI WOODBRIDGE LODI WOODBRIDGE LODI LODI STOCKTON LODI LODI LODI GOLD RIVER LODI STOCKTO N LODI WOODBRIDGE LODI LODI STATE CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA 95242 95603 95240 95242 95240 95258 95240 95258, 95240 95240 95219 95240 95241 95240 95670 95240 95219 95240 95258 95241 95240 06-20-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. HARNEY LN. 2 R I A Maggio Clr. 2428 wi 75)1 Sind, ton St 217 g flp p � N NA AAA M4111on Wy. 2547 2111 2552 Homey Lr, 2221 Z30 2035 2707 2718 2117 2510 2610 2522 2525 2511 2510 1 ZStl 2 2552 Y 2021 2051 3931 2558 2504 a}I �t}rsreh.rdi P�11 CUIb6rlson Dr. 3421 2026 2072 4-A Ddlbuud or. 2511 2011 2771 Rocky Ln 2201 2521 3201 Reynolds Ranch Parkway 2800 mm CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE 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.00v cityclerk(a7,lodi.gov Omair Nasim DN Acquisitions, LLC 10940 Trinity Parkway Suite C 274 Stockton, CA 95219 RE: May 10, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney 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 letter is to notify you that a public hearing will be held at the City Council meeting of Wednesday, May 16, 2018, at 7:00 p.m., or as soon thereafter as the matter can be heard, at Carnegie Forum located at 305 West Pine Street in the City of Lodi. This hearing is being held to consider your appeal of the April 11, 2018, Planning Commission indecision regarding your request to amend conditions of approval for 141 E. Harney Lane. Enclosed is a copy of the May 16, 2018, City Council agenda and staff report related to Public Hearing Item G-3. If you challenge the proposed action 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 Council at, or prior to, the public hearing. NOTE: Written correspondence for the City Council may be mailed in c/o the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please contact me at (209) 333-6702 or Community Development Department at (209) 333-6711. Sincerely, ei5nifer M City Clerk JMF Enclosures cc: Community Development rraiolo, 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.00v citvclerk(r lodi.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 M. ity Clerk -r(-\,��.caPa erraiolo, MMC SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS 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 LNS Emailed to the Sentinel at classified1@lodinews.com at `?'*, ki,e) on ate) (pages) Phoned to confirm receipt of all pages at (time) _EB 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. ((7) 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 ADMINISTRATIVE CLERK Forms/decmail.doc 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 J 14,1 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: Jer M. F C r Clerk iolo Dated: May 2, 2018 Aoved 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 PARCEL 6258001 6258002 6258003 6258004 6258007 6258008 6258009 6258010 6258039 5813002 5813003 6241035 6258040 6241018 6241017 6241025 6241024 6241019 5813025 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. HARNEY EXHIBIT OWNER CASTELLON, MICHELL RAE TR THOMAS, JANE ERIN TR KARSTING, RICHARD V & BARBARA IBARRA, ISIDRO E & CONNIE A FLEMMER, LOWELL BRUCE & VIOLET SANDERS, AARON CRYSTAL ENTERPRISES LP VALENZUELA, RAUL JR & CHRISTIN CRYSTAL ENTERPRISES LP VARNER, SEAN & SUMMER IBARRA, RAMON L & SOCORRO P TR DN ACQUISITIONS LLC DHARNI LADA LLC JACKSON, GREGORY L TR ATHANASI O U, GEORGE J TR VALLEY IRON WORKS INC BURKE, LEO P III & LANISE J TR BURKE, LEO P 1 TR & LANISE J T TSUTSUMI, DIANE Y ATTN JOSEPH M COUBAL EDWARD T BURKE BRIAN J HIJOS TR GARY T TSUTSUMI ADDRESS 210 MULLEN WAY 1128 JUNEWOOD DR 2310 MORAN CT 228 MULLEN WAY 2031 BERN WAY 2553 KIRSTEN CT PO BOX 1259 2565 KIRSTEN CT PO BOX 1259 2601 S STOCKTON ST 249 ARGOS WAY 10940 TRINITY PKWY STE C 274 255 E HARNEY LN PO BOX 794 18445 RODEO DR 22Q5 ROARING CAMP DR 2491 MAGGIO CIR 458 E VALLEY OAK PL 3725 E ARMSTRONG RD CITY LODI LODI AUBURN LODI LODI LODI WOODBRIDGE LODI WOODBRIDGE LODI LODI STOCKTON LODI LODI LODI GOLD RIVER LODI STOCKTON LODI STATE CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA ZIP 95240 95242 95603 95240 95242 95240 95258 95240 95258 95240 95240 95219 95240 95241 95240 95670 95240 95219 95240 6241034 5866015 ERGONIS LAND CO LP LODI CITY OF 19991 FAIRWAY CT PO BOX 3006 WOODBRIDGE LODI CA CA 95258 95241 5813026 LODI CITY OF 221 W PINE ST LODI 95240 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. 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