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HomeMy WebLinkAboutAgenda Report - January 5, 2005 E-13 PHAQENDA ITEM ` "w 110 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set a Public Hearing for January 19, 2005 in order to consider two appeals of the Planning Commission's decision regarding the Lodi Shopping Center project (Wal-Mart Supercenter) located at 2640 West Kettleman Lane. MEETING DATE: January 5, 2005 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council set a Public Hearing for January 19, 2005 in order to consider two appeals of the Planning Commission's decision regarding the Lodi Shopping Center project (Wal-Mart Supercenter) located at 2640 West Kettleman Lane. FUNDING K8/1w None Kolvfdit Bartlam Community Development Director Attachments: Letter from Herum Crabtree Brown Letter from Steefel, Levitt & Weiss (on behalf of Wal Mart) an,Af S. Keeter, Interim City Manager CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 BOB JOHNSON LODI, CALIFORNIA 95241-1910 JOANNE MOUNCE (209) 333-6702 FAX(209)333-6807 citycirk@lodi.gov December 13, 2004 Herum Crabtree Brown Natalie M. Weber 2291 W. March Lane, Ste. B100 Stockton, CA 95207 JANET S. KEETER Interim City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney APPEAL OF PLANNING COMMISSION DECISION (12-08-04) Certifying Final EIR 03-01, Approving Use Permit U-02-12, and Tentative P cel May 03-P-001 The City Clerk's Office is in receipt of your correspondence regarding the above subject dated December 10, 2004, which has been timely filed in accordance with Lodi Municipal Code 17.72.110. This letter is to inform you that in addition to providing a copy to the City Council we have forwarded your correspondence to the following departments for information, referral, or handling: 1) Interim City Manager, 2) City Attorney, and 3) Community Development Department. Your check in the amount of $250 to appeal the decision of the Planning Commission was forwarded to the Community Development Department. You will be notified in writing of the date this matter will be considered by the City Council. Should you have any questions regarding this, please contact the City Clerk's Office at (209) 333-6702. Sincerely, Susan J. Blackston City Clerk cc w/enclosure: interim City Manager City Attorney Community Development Department City Council Attorneys A t Law Natalie M. Weber nwebex@hherumcrabtree.com December 10, 2004 Dear Ms. Blackston: Enclosed please find a timely request for de novo review by the City Council on appeal of the Planning Commission's December 8, 2004 decision to approve the request of Brownian Development Company to certify Final Environmental Impact Report EIR 03-01, approve Use Permit U-02-12 to allow the construction of a regional commercial center in the C -S, Commercial Shopping District, and to allow the sale of alcoholic beverages at the Wal-Mart Supercenter and Tentative Parcel Map 03-P-001 to create twelve parcels for the project at 2640 W. Kettleman Lane. This appeal is filed on behalf of Lodi First, an unincorporated association of Lodi residents, voters, property owners, and taxpayers interested in ensuring responsible and lawful development in Lodi. Generally, the appeal is filed on the basis that the Project conflicts with the Lodi Zoning Code, is inconsistent with the Lodi General Plan, and does not satisfy the minimum requirements of the California Environmental Quality Act ("CEQA"). Please also find Check No. 12203 in the amount of $250.00 to cover the appeal fee. If you have any questions, please feel free to contact me. Very truly yours, ru VIA HAND DELIVERY HR VJ AyoL SCM '7CA Ms. Susan J. Blackston NATALIE M. WEBER c ; m Clerk of the City of Lodi EUD — 0 221 West Pine Street 0�-` Enclosure �FD Lodi, CA 95241 r -° 19 Re: Appeal of Planning Commission Decision Certifyine Final EIR 03-01; Apprq 'no Use Pernit U-02-12. and Tentative Eg=l.Man 03-P-001 (State Clearing House Number 20030421 Ln Dear Ms. Blackston: Enclosed please find a timely request for de novo review by the City Council on appeal of the Planning Commission's December 8, 2004 decision to approve the request of Brownian Development Company to certify Final Environmental Impact Report EIR 03-01, approve Use Permit U-02-12 to allow the construction of a regional commercial center in the C -S, Commercial Shopping District, and to allow the sale of alcoholic beverages at the Wal-Mart Supercenter and Tentative Parcel Map 03-P-001 to create twelve parcels for the project at 2640 W. Kettleman Lane. This appeal is filed on behalf of Lodi First, an unincorporated association of Lodi residents, voters, property owners, and taxpayers interested in ensuring responsible and lawful development in Lodi. Generally, the appeal is filed on the basis that the Project conflicts with the Lodi Zoning Code, is inconsistent with the Lodi General Plan, and does not satisfy the minimum requirements of the California Environmental Quality Act ("CEQA"). Please also find Check No. 12203 in the amount of $250.00 to cover the appeal fee. If you have any questions, please feel free to contact me. Very truly yours, CC HR VJ AyoL SCM '7CA Is LIB NATALIE M. WEBER SCD PR �PD Attorney -at -Law EUD �PW FIN Enclosure �FD COM 2299 West %V1arck Lane Suite 8900 S+o&fcm, C.A 95207 •-Cel 209.472.7700 r Fax 209.472.7986 •%Vloclesto Tel. 209.525.8444 ,A Professional Corporation CITY COUNCIL JOHN BECKMAN. Mayor CITY OF L O D I SUSAN HITCHCOCK, Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET LARRY D. HANSEN P.O. BOX 3006 BOB JOHNSON LODI, CALIFORNIA 95241 -1 91 0 JOANNE MOUNCE (209) 333-6702 FAX(209)333-6807 cityclrk@lodi.gov December 13, 2004 Steefel, Levitt & Weiss Timothy Cremin One Embarcadero Center, 30t" Floor San Francisco, CA 94111-3719 APPEAL OF PLANNING COMMISSION DECISION (12-08-04) RE: TWO CONDITIONS JANET S. KEETER Interim City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney The City Clerk's Office is in receipt of your correspondence regarding the above subject dated December 13, 2004, which has been timely filed in accordance with Lodi Municipal Code 17.72.110. This letter is to inform you that in addition to providing a copy to the City Council we have forwarded your correspondence to the following departments for information, referral, or handling: 1) Interim City Manager, 2) City Attorney, and 3) Community Development Department. Your check in the amount of $250 to appeal the decision of the Planning Commission was forwarded to the Community Development Department. You will be notified in writing of the date this matter will be considered by the City Council. Should you have any questions regarding this, please contact the City Clerk's Office at (209) 333-6702. Sincerely, Susan J. Blackston City Cleric cc wlenclosure: Interim City Manager City Attorney Community Development Department City Council r w lee STEEFEL, LEVITT & kISS A Ar� Capon bm December 13, 2044 City Clerk City of Lodi 221 West Pine Street Lodi, CA 95244 RECEIVE[) Re: Appeal of Planning Commission Decision on Wal-Mart Supercenter on December 8, 2004 Dear City Cleric: DEC Y s 2004 City Cleric Aty of Lodi 16982 On December 8, 2044, the Planning Commission unanimously certified the MR, and approved a use permit and tentative parcel map for a commercial shopping center located at 2644 W. Kettleman Lane, which includes a Wal-Mart Supercetrter. We are greatly appreciative of the approval. Wal-Mart has been a part of the Lodi community since 1991 and has worked diligently for several years with the City on this project. We are thankful to City staff and officials for all their hard work. Wal-Mart looks forward to opening its new Supercenter and continuing and enhancing its relationship with the City and its residents. We have been informed that Steve Hetum, Esq. has filed an appeal of the Planning Commission's approval on behalf of a purported citizen's group called Lodi First. in light of that action, we are submitting this letter to the City. Wal --Mart is in agreement with staff and the City on all conditions of approval other than two conditions adopted by the Planning Commission. This appeal relates only to those two conditions. First, Wal-Mart has concerns related to the proposed language for Condition R of the use permit and tentative map approval resolution. This condition requires signed leases for 50% of the existing Wal-Mart store before a building permit is issued for the new Supercenter, and prohibits tenant restrictions. As Wal-Mart expressed to the Planning Commission, it understands the importance to the City of re -tenanting the existing store. It is committed to seeing that happen. Wal-Mart intended its sale to Browmnan Development Company to address these concerns by putting the property in the hands of the owner of the overall shopping center who has a proven track record of tenanting the center and has a huge financial incentive to have the space re -tenanted. Wal-Mart is concerned with the language of the condition and has suggested alternative language for the following reasons, among others. Wal-Mart is selling its existing building and land to Browman Development Company who will be in control of the existing store property at the time Wal-Mart seeks the Supercenter building permit. So, Wal -Mart's building permit will be subject to satisfaction of a condition that it has no control over. Requiring signed leases at building permit is premature because Wal-Mart will still occupy the existing store at that time and the date of its availability for the new tenant will One Embareadera Center, 30th Floor, San Franck=, California 94111.3719 • Phone: (415) 788-0800 • Fax: (415) 788-2019 San Francfs€o. C4 Los Angeles. CA StambA CT wwwA"M-corn City Cleric City of Lodi December 13, 2004 Page Two be uncertain. Further, there is some question about the City's ability to regulate the terms of Wal -Mart's sale of its existing building. Finally, there is no nexus for the condition since the economic study concluded that re -tenanting was not a significant environmental issue. Second, Wal-Mart has concerns about a new condition added by the Planning Commission at the end of the hearing. Our understanding is that this condition requires the project developer to fund the commercial linkage fee nexus study under Program 11 of the Housing Element and pay any adopted fees. We have concerns about this condition because it places the entire burden of the nexus study on a single project and was introduced late in the project processing. The Housing Element states that this study on a City-wide issue is the responsibility of the City to be f inded with General Fund monies. Enclosed is a check for the appeal fee of $250.40. We look forward to addressing the City Council on these issues and finding a mutually acceptable solution to re -tenanting the existing Wal-Mart store when it becomes vacated. Thank you very much for your consideration. Sincerely, Timothy Cremin Enclosure 16982:6419142.2 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �c < e sdee'I,L2UA4-tje. s 1 JI m b44, L re.rnt,1 7 `ir r P— �QC-W-1-o-trD I+.I�tr 3D rl ' tQ n Franus's .Z , C tl 9�1JI RECEIVED JAN 1 3 2005 ❑ Agent B. R¢cetvad by (Arinted Name) I C. delivery address different from item i? /0'Ye: YES, enter delivery address below: El No 3. Service Type 3i)fir' ;$Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number (Transfer from service label) 7003 3110 0001 9935 9326 PS Form 381 T, August 2001 Domestic Return Receipt w 2ACPRI-03-P-4081 ' U. ';. CE_RT1FFIFD Pcstal Servii.. MAIL RECEIPT (00,nesti( Mai' only, No insarance Coverarge Provided) lr Postage $3 r-9 M Certified Fee /?r C3 ❑ Retum Reciept Fee (Endorsement Required) pr Postmark Here 1121 Restricted Delivery Fee -R r (Endorsement Required) C-R M Total Postage &fieri $ � rri M Sent To �t Le<✓IrT'_ uJe1 - Lt i ilht0 l'!14�r1 or PO Box No, D.aG �r� ib[ir'eac1A �v rlicf" 3 p f lam,_ City, Slate. 71P+d------•------•••---•--•----••------------•----- •- .tr Leon-d-so-HHcKYWZ Aeaea i owwama wwZ Isnonv,� Lee uuoi Sd EEE s :-5 66 2000 OTTE EO❑Z (roger moosmo4AWSMI) jsgwnN 9PgJV -z SOX 0 (aey BaKo diamea Pww"W 'WO © lfm Peml ❑ e +ew A* AW9W Wroaa C3 PwGw&l d p M MmJx3 ❑ Pn Pe9M V eCKL e s "A ❑ tl u� �+i t�eylD oewPPa P sl 'ii +tea p epa 'o pug—r a+uw1 Aa 0ea -e r*v.p 60rf; b kl ), •s#uued weds P Ww; mg uo. ao 'eMdnv eW }o wS of wmo sp# qMV ■ -noA of imeo at# wnlw oso am to* os asxeAW "uo SSUPPO Puts QWWU Hyl( Md a 'PWIW s! ARAM PWVMU A IF WOO "004M sodwoo ■ ----------------- �W ool wjos C'� soda .... ....... M o `taeltS v t3 of Iums C3 w �ea� 8 a6eFsod lalol � UJ �y ', {¢aunoa'd �uau3asFaPu3f as j 4Qanllap paiau4SaU � En gJaH L (pa�!no98 tuaweseoP3) aaj iaaloay wr4o7d C3 VEKuWod Q EM C] .1-i Pa!iluao N e 3 i aftsod L1 a N s •G w w ■. W PROOF OF PUBLICATION (2015.5 C.C.C.P.) STATE OF CALIFORNIA County of San Joaquin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily except Sundays and holidays, in the City of Lodi, California, County of San Joaquin and which newspaper had been adjudicated a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953. Case Number 65990; that the notice of which the annexed is a printed copy (set in type not smaller than non-pareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereto on the following dates to -wit: January 8th all in the year 2005. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Lodi, California, this 8th day of January, 05 ..............\....,/.......... ......................... ........................ Signature This space is for the County Clerk's Filing Stamp Proof of Publication of Notice of Public Hearing City of Lodi, City Council, January 19th, 2005 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, January 19, 2005, at the hour of 7:00 p.m., or as soon thereafter as the mat- ter may be heard, the City Council will con- duct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, 10 con- sider the following matter: a) Two appeals of the Planning Commission's decision regarding the Lodi Stropping Center (Wal-Mart Supercenter) project located at 2640 West Kettlernan Lane. Inlormatlon regarding this item may be obtained in the office of the Community Development Department, 221 west Pine Street, Loch, Catlfomia. All Interested per- sons 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 hear- ing. If you challenge the subject matter In court, you may be limited to raising onty those issues you or someone else -raised at ft Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at W prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: January 6, 2005 Approved as to form: D. Stephen Schwabauer City Attorney January 8, 2005 —7430 7430 Please immediactel con ies re fit of this fax by caffing 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SET PUBLIC HEARING FOR JANUARY 19, 2005, TO CONSIDER TWO APPEALS OF THE PLANNING COMMISSION'S DECISION REGARDING THE LODI SHOPPING CENTER (WAL-MART SUPERCENTER) PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE. PUBLISH DATE: SATURDAY JANUARY S, 2005 TEAR SHEETS WANTED: Three 3 lease SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1 91 0 DATED: THURSDAY, JANUARY 6, 2005 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK 4L),,,Lc hu ' KAKI A WICK ADMINISTRATIVE CLERK JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK S D :. F:OF � 3 THAN 1J F-axedto,th6Seriflnelat369-li3O",at,L/.--Vq,n (time)on 4 0 (d el (pages) .NS Phoned to gpnfirmn receipt of all pages at e) Jen (ind�al I N: Administration\CLERKTORMSIAdvinsl.doc CITY OF LODI F Carnegie Forum 305 West Pine Street, Lodi L OTICE OF PUBLIC HEARING anuary 19,2005 00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, January 19, 2005, 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 Camegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Two appeals of the Planning Commission's decision regarding the Lodi Shopping Center (Wal-Mart Supercenter) project located at 2640 West Kettleman Lane. Information regarding this item may be obtained in the office of the Community Development department, 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: Susan J. Blackston City Clerk Dated: January 6, 2005 Approved as to form: D. Stephen Schwabauer City Attorney N:\Adnr V3M DECLARATIONF POSTING SET PUBLIC HEARING FOR JANUARY 19, 2005, TO CONSIDER TWO APPEALS OF THE PLANNING COMMISSION'S DECISION REGARDING THE LODI SHOPPING CENTER (WAL- MART SUPERCENTER) PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE. On Friday, January 7, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider two appeals of the Planning Commission's decision regarding the Lodi Shopping Center (Wal-Mart Supercenter) project located at 2640 West Kettleman Lane (attached hereto, marked Exhibit "A"), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on January 7, 2005, at Lodi, California I CA a e, 4, , Kari J hadwick Administrative Clerk N:1Administration\CLERKIKJCIDECPOST 1.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk Alak MV DECLARATION OF MAILING SET PUBLIC HEARING FOR JANUARY 19, 2005, TO CONSIDER TWO APPEALS OF THE PLANNING COMMISSION'S DECISION REGARDING THE LODI SHOPPING CENTER (WAL-MART SUPERCENTER) PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE. On January 7, 2005, 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 to set public hearing for January 19, 2005, to consider two appeals of the Planning Commission's decision regarding the Lodi Shopping Center (Wal-Mart Supercenter) project located at 2640 West Kettleman Lane, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 7, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KART J. YADWICK ADWNISTRATIVE CLERK Forms/decmad.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK SET PUBLIC HEARING FOR JANUARY 19, 2005, TO CONSIDER TWO APPEALS OF THE PLANNING COMMISSION'S DECISION REGARDING THE LODI SHOPPING CENTER (WAL-MART SUPERCENTER) PROJECT LOCATED AT 2640 WEST KETTLEMAN LANE 1. 02741007;SACRAMENTO KETTLEMAN LLC;1954 MOUNT DIABLO BLVD SUITE A;WALNUT CREEK;CA;94596;2445;W;KETTLEMAN;LN 2. 05803002;LODI SOUTHWEST ASSOCIATES LP ;301 S HAM LN SUITE A ;LODI ;CA;95242;2640;W ;KETTLEMAN ;LN 3. 05814001;GREEN VALLEY GASOLINE LLC;30101 AGOURA CT SUITE 200;AGOURA HILLS;CA;91301;2448;W;KETTLEMAN;LN 4. 0814042; Cllkl: 'TIAN J KNOX & ASSOC INC; 633 E VICTOR RD "UTTE E;LODI;CA;95240;2442;W;KETTLEMAN;LN 5. 05814044;FIRST LODI PLAZA ASSOCIATES;100 SWAN WAY SUITE 206;OAKLAND;CA;94621;2430;W;KETTLEMAN;LN 6. 02705021;MEXICAN AMER CATHOLIC FED;PO BOX 553;LODI;CA;95241;341;E;ST RT 12;HY 7. 05803003;VAN RUITEN RANCH LTD;,7401 W TURNER RD;LODI;CA;95242;14509;N;LOWER SAC;RD 8. 05803009;REICHMUTH, CAROLYN HINES;1358 MIDVALE RD;LODI;CA;95240;252;E;ST RT 12;HY 9. 05814004;FRAME, DEAN K & SHARON L TR;212 RUTLEDGE DR;LODI;CA;95242;14752;N;LOWER SAC;RD 10. 05814006;HERRMANN, VERNET & C TRS;1200 CLENHURST;LODT;CA;952.40;800;E;OLIVE;AV 11. 05814007;DEL RIO, SANTIAGO M & RAMONA;865 E OLIVE AVE;LODI;CA;95242;844;E;OLIVE;AV 12. 05814011;GREVER, ZANE M & P TRS;J432 PARK ST;LODI;CA;95242;777;E;OLIVE;AV 13, 05814012;PETERSON, M BILL;P 0 BOX 473;LOCKEFORD;CA;95237;14500;N;LOWER SAC;RD 14. 05814014;PETERSON, RUTH SUSAN;�O BOX 331;SUTTER CREEK;CA;95685;14620;N;LOWER SAC;RD 15. Steefel, Levitt & Weiss; Timothy Cremin;One Embarcadero Centex, 30th Floor; San Francisco;CA;9411-3719 16, Herum Crabtree Brown; Natalie Weber;2291 W. March Lane, Ste. B100; Stockton;CA;95207