HomeMy WebLinkAboutAgenda Report - November 16, 2005 I-01 PHAGEMM ITEM
• CITY OF Lona
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Public Hearing to consider an appeal of the Planning Commission's decision
to deny the request of Kirk Smith on behalf of Velvet Gill for a Use Permit
(U-05-011) to allow a Type 41 Alcoholic Beverage License for on safe beer
and wine with a restaurant at 1421 South Ham Lane, Suite A
MEETING DATE: November 16, 2005
PREPAID BY: Associate Planner, Mark Meissner
RECONWENDED ACTION: That the City Council obtain sufficient information and testimony to
determine whether or not the project would achieve and maintain a
high quality development and that the public's welfare would be
served. Absent such information and testimony the City Council is recommended to uphold the
Planning Commission's denial of the request of Kirk Smith on behalf of Velvet Grill for a Use Permit
(U-05-011 ) to allow a Type 41 Alcoholic Beverage License for on -sale beer and wine with a restaurant at
1421 South Ham Lane, Suite A, as found and determined by the Planning Commission in Resolution
P.C. 05-29.
BACKGROUND INFORMATION: The request was first introduced to the Planning Commission at
their public gearing of August 10, 2005. The request was continued
due to a letter from a concerned neighbor alleging that there has
been a history of noise and poor management at the Velvet Grill, and the applicant was not present to
answer the Commission's questions. The Planning Commission directed Staff to obtain a history of
Incident Reports from the Police Department to determine the extent of the problem, and to notify the
applicant that a representative must be present to answer the Commission's questions.
The request was brought back to the Planning Commission at their public hearing of September 14, 2005
where staff reported that the records obtained from the Police Department did not represent a serious
problem at the Velvet Grill and recommended approval of the request. The Assistant Manager of the
Velvet Grill was present at the hearing to answer questions, however, the Planning Commission felt that
he was not prepared to answer questions but to simply make statements. The Planning Commission
found that their concerns were not addressed, nor important to the applicant, and for these reasons they
could not approve the request.
FUNDING: None
a
Randy OK
Community Development Director
MM/RH/kc
Attachments: Letters, Planning Commission Staff Reports,
Resolution & Minutes of 8/10 & 9/14 Public Hearings.
APPROVED:
Blair Kin Manager
of MEMORANDUM, City of Lodi, Community Development Department
To: Planning Commission
From: Community Development Department
Date: August 10, 2005
The request of Kirk Smith on behalf of the Velvet Grill and
Subject: Creamery Restaurant for a Use Permit to allow a Type 41 Alcoholic
Beverage License for On Sale Beer and Wine with Eating
Establishment at 1421 S. Ham Lane, Suite A.
RECOMMENDATION
Staff recommends that the Planning Commission approve the request of the
Velvet Grill and Creamery Restaurant for a Use Permit to allow a Type 41
Alcoholic Beverage Control (ABC) License for On Sale Beer and Wine with Eating
Establishment at a restaurant at 1421 S. Ham Lane, Suite A, subject to
conditions on the attached resolution.
SUMMARY
The proposed project is a new Alcohol Beverage Control Type 41 license for the
Velvet Grill and Creamery Restaurant that is currently located on the west side of
Ham Lane, south of Kettleman Lane. The property is zoned PD -15, Planned
Development District 15. The PD -15 agreement established that the property is
subject to the performance standards as described in the City's C -S, Commercial
Shopping District. The Type 41 license authorizes the sale of beer and wine for
consumption on the licensed premises in conjunction with a boni-fide eating
establishment. The Velvet Grill and Creamery will sell beer and wine during the
same hours as the restaurant is open.
ANALYSIS
The Velvet Grill and Creamery has a full lunch and diner menu including
sandwiches, pasta, traditional dinners, and deserts and would like to sell beer
and wine in conjunction with their food sales. The restaurant is open from 8:00
am to 10:00 pm, seven days a week. The total square footage of the restaurant is
2,200 square feet and the restaurant has approximately 20 employees working
various shifts. Beer and wine will only be served during hours the restaurant is
serving food.
The Lodi Municipal Code requires a Use Permit for the sale of alcohol. The
provision covering alcohol sales is found in Section 17.72.040 of the Zoning Code
and applies to off -sale as well as on -sale alcohol outlets. Census Tract 43.06
covers the area south of West Kettleman Lane, west of the railroad tracks, north
of West Harney, and east of Zinfandel Drive and Beckman Park. Because this
area has a large concentration of neighborhood and community commercial uses,
,i:\Community Develop ment\PIan ning\STAFFRPT\2005\U-05-11.doc
there are eight existing ABC licenses in the census tract for on-site sale at other
eating establishments. The ABC currently allows eight ABC licenses for on -sale
and seven licenses for off -sale within the Census tract. The nearest licensed on -
sale restaurants are Shi Ra Soni 2, Yen Ching, and Casa Mexicana. Within this
census tract, there are three stores with off -sale licenses, as listed below:
On -safe Business ABC License Type
1110 W Kettleman
Yen Ching
On -sale Beer and Wine for a Bona -fide Public Eating Place
1110 W Kettleman
Casa Mexicana
On -sale Beer and Wine for a Bona -fide Public Eating Place
1413 S Church
Mar Y Tierra Restaurant
On -sale Beer and Wine for a Bona -fide Public Eating Place
2525 S Hutchins
Tokay Pizzeria
On -sale Beer and Wine for a Bona -fide Public Eating Place
1900 Hutchins
Lodi Athletic Club
On Sale Beer
1420 W Kettleman
Shi RA Soni 2
On -sale Beer and Wine for a Bona -fide Public Eating Place
226 W Kettleman
Happy Burro Mexican Rest.
On -sale Beer and Wine for a Bona -fide Public Eating Place
1040 W Kettleman
Cheezer Gourmet Pizza
On -sale Beer and Wine for a Bona -fide Public Eating Place
Off -sale Business ABC License Type
1000 W Kettleman
Longs Drugs
Off -Sale General
2525 S Hutchins
Tokay Market Food & Liquor
Off -Sale General
401 W Kettleman
USA Mini Mart
Off -Sale Beer and Wine
Because the Velvet Grill and Creamery is a restaurant that would like to sell beer
and wine with food, as opposed to a bar that serves food, we do not anticipate
that the alcohol sales portion of the business will create any problems. This
operation would be similar to other restaurants (Shi Ra Soni 2, Yen Ching and
Casa Mexicana) with on -sale ABC licenses and there has not been any particular
problem with these establishments,
Since the Census Tract 43.06 incorporates eight other restaurants with on -sale
licenses, out of an allowable eight on -sale license for this Census tract, approval
of this Use Permit would require a determination that public convenience or
necessity would be served by the issuance of this permit.
Respectfully Submi ted,
Jason Burke
Planner
JH/jb
Attachments
Reviewed & Concur,
J:1Community DevelopmentlPlanninglSTAFFRPT120051U-05-11.doc
9Je�/Jrzick�
Building Official
CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE:
APPLICATION NO:
August 10, 2005
Use Permit U-05-11
REQUEST: The request of Kirk Smith on behalf of the Velvet Grill and
Creamery Restaurant for a Use Permit to allow a Type 41
Alcoholic Beverage License for On Sale Beer and Wine with
Eating Establishment at 1421 S. Ham Lane, Suite A.
LOCATION:
APPLICANT:
PROPERTY OWNER:
Ptroiect Docription:
1421 S. Ham Lane, Suite A, Lodi.
APN 060-020-04
Velvet Restaurant Inc.
25 Sierra Vista
Santa Barbara, CA
Chris Gianulias
3220 Province Towne Ct.
Modesto, CA 95355
The Velvet Grill and Creamery Restaurant has a full breakfast, lunch and diner menu including
sandwiches, pasta, traditional dinners, and deserts and would like to sell beer and wine in
conjunction with their food sales. The restaurant is open from 8:00 am to 10:00 pm, seven days a
week. The total square footage of the restaurant is 2,200 square feet and the restaurant has
approximately 20 employees working various shifts. Beer and wine will only be served during
hours the restaurant is serving food. Velvet Restaurant, Inc. must secure a Use Permit that will
allow them to obtain a Type 41 On Sale Beer and Wine with Eating Establishment license from
the Alcohol Beverage Control Dept.
General Plan Designation NCC, Neighborhood Community Commercial
Zoning Designation, C -S, Commercial Shopping Center
Property Size. 24,293 square feet, restaurant is 2,200 square feet.
Adiacent Zoning and Land Use:
North: P -D, Planned Development. Use is commercial shopping center and
Kettleman Lane.
South: P -D, Planned Development. Single Family Residential neighborhood.
East: P -D. Use is commercial shopping center. To the east across Ham Lane is
the Beckman Ranch Shopping Center.
West: P -D. Uses include Single Family Residential neighborhoods and commercial
shopping center.
i h rood Characteristics:
The restaurant site is in a small shopping center, located at the southwest corner of West
Kettleman Lane and South Ham Lane. Single-family residential neighborhoods are located to the
south of the restaurant. Commercial uses are located to the north, east and west. Kettleman
Lane, which is located north of the project property, is a major thorough fare that has a mixture of
commercial and office types of uses along this stretch of roadway. The other throe corners of this
intersection have some type of commercial or institutional use. The subdivision%to the south are
separated from the shopping center by a block wall. This wall also runs the length of Ham lane
south of the subject site. Within the shopping center, the Velvet Grill shares the wilding with
two small retail businesses. There is also a freestanding auto parts store directly to the north of
the restaurant.
ENVIRONMENTAL ASSESSMENTS:
The project was found to be Categorically exempt according to the California Environmental
Quality Act, Article 19 § 1532, Class 21 (a) (2). The project is classified as an "loforcement
action by regulatory agencies" because it is the "adoption of an administrative decision or order
enforcing ...the lease, permit, license, certificate, or entitlement for use or enforcing the general
rule, standard, or objective." No significant impacts are anticipated and no mitigation measures
have been required.
PUBLIC HEARING NOTICE:
Legal Notice for the Use Permit was published on July 30, 2005. Twenty-six public hearing
notices were sent to all property owners of record within a 300 -foot radius of the subject property.
I COMMENDATION:
Staff recommends that the Planning Commission approve the request of Velvet Restaurant, Inc.
for a Use Permit to allow a Type 41 Alcoholic Beverage License for On Sale Be* and Wine with
eating establishment at 1421 South Ham Lane, subject to the conditions on the attached
resolution.
ALTERNATIVE PLANNING COMMISSION ACTIONS:
• Approve the Use Permit with Alternate Conditions
• Deny the Use Permit
• Continue the Request
ATTACHMENTS:
1. Vicinity Map
2. Sample Menu
3. Draft Resolution
LODI PLANNING COMMISSION
REGULAR COMMISSION MEETING
CARNEGIE FORUM, 303 WEST PINE STREET
WEDNESDAY, AUGUST 10, 2005
CALL TO ORDER 1 ROLL CALL
The Regular Planning Commission meeting of August 10, 2005, was called to order by
Chair Aguirre at 7:00 p.m.
Present: Planning Commissioners —Haugan, Heinitz, Kuehne, Moran, White, and Chair Aguirre
Absent: Planning Commissioners — Cummins
Aiso Present: Community Development Co -Manager Joseph Wood, Senior Planner David
Morimoto, Deputy City Attorney Janice Magdich, and
Administrative Secretary Kari Chadwick
2. MINUTES
a) "February 9, 2005", "February 23, 2005", & "July 13, 2005"
MOTION I VOTE:
The Planning Commission, on motion of Commissioner Haugen, Moran second,
approved the minutes of February 9, 2005, February 23, 2005, and July 13, 2005 as
written.
3. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is
on file in the Community Development Department, Chair Aguirre called for the public
hearing to consider the request of Kirk Smith on behalf of the Velvet Grill Restaurant for a
Use Permit to allow a Type 41 Alcohol Beverage License for on sale beer and wine with
eating establishment at 1421 South Ham Lane, Lodi.
David Morimoto, Senior Planner, reported that the Velvet Grill Restaurant is located near
the southwest corner of Ham Lane and Kettleman Lane. The Restaurant recently
changed ownership. The new owner would like to sell beer and wine with the regular
menu. The Alcohol Beverage Control Board Census Tract for this area which extends
from the Woodbridge Irrigation Canal on the west, Kettleman Lane on the North, the
Railroad Tracks on the East, and Harney Lane on the South allows only eight on site
liquor sells licenses in this area and there are currently eight on file. There are two
establishments directly surrounding this location that have a license to sell alcohol and
both are restaurants. Staff is recommending approval of this application. Today staff
received a letter from a property owner whose home is adjacent to the property where the
restaurant is located. The main objection is about the noise from the employees after
hours.
In response to Commissioner Heinitz, Mr. Morimoto stated that there are eight on sell
beer & wine licenses in the census area.
Hearing Opgried to the Public
• None
In response to Commissioner Heinitz, Mr. Morimoto stated that we did not hear anything
back from the Police Department when the Transmittal went out. The letter arrived today
so there wasn't enough time to get a response to it either.
In response to Chair Aguirre, Mr. Morimoto stated that they would be allowed to serve for
the hours that they are open for business.
Continued
Public Portion of Hearino Closed
Commissioner Haugan and Commissioner Heinitz requested the postponement of the
Public Hearing until there could be some response from the Police Department and
notification to the owner.
MOTION I VOTE:
The Planning Commission, on motion of Commissioner Haugan, Heinitz second, to
continue the public hearing for the request of Kirk Smith on behalf of the Velvet Grill
Restaurant for a Use Permit to allow a Type 41 Alcohol Beverage License for on sale
beer and wine with eating establishment at 1421 South Ham Lane, Lodi. The motion
carried by the following vote:
Ayes: Commissioners — Haugan, Heinitz, Kuehne, Moran, White, and Chair Aguirre
Noes: Commissioners —
Absent: Commissioners — Cummins
COMMENT 1 QIJESTION FROM COMMISSIONER MORAN
In response to Commissioner Moran, Commissioner Heinitz stated that the Type 41 ABC License Census
has been looked at in other areas like Downtown when trying to establish a restaurant corridor and on
Cherokee Lane where there are a large concentration of restaurants.
b) Notice thereof having been published according to law, an affidavit of which publication is
on file in the Community Development Department, Chair Aguirre cabled for the public
hearing to consider the request of Jonathan Wetmore on behalf of Grands Amis Winery
for a Use Permit to allow an Alcohol Beverage Control License Type 17 Beer and Wine
Wholesaler and a Type 20 Off Sale Beer and Wine at 115 North School Street, Lodi.
Mr. Morimoto reported that the Grands Amis Winery came before the Planning
Commission through a different location. They got a Use Permit to move their operation
from the county to within the City limits out on East Turner Road. They currently have a
business office on School Street just north of the Theater and would like to now move the
entire operation to that location. Grands Amis Winery is going to concentrate on doing
sells over the phone and internet, they would be storing some cases of wine, they would
also be able to sell both wholesale and retail out of this location and would eventually like
to open up for occasional wine tasting. They are asking for two different types of ABC
licenses, one which allows for the selling of the wine over the phone and internet and the
other which allows for the sell of wine on the retail end and the occasional wine tasting.
They are keeping the office in suite 5 and take over an adjoining suite for the storage and
wine tasting. There are a large number of liquor licenses already in this census area.
The ABC Board allows four of the Type 20 Licenses and there are twenty-six currently.
There are no wholesale licenses in this area right now.
In response to Commissioner Heinitz, Mr. Morimoto stated that it would take two separate
votes, one for each of the different types of licenses. Grands Amis could maintain a
license at both locations if he chose to do so.
Hearinc Opened to the Public
• Jonathan Wetmore, Grands Amis Winery, stated that they have withdrawn their ABC
License application for the Turner Road location. They have decided to have
someone else make the wine and hold it in bond for them. The School Street location
has plenty of room with 400 square feet of office space and 400 square feet of
storage/conference/wine tasting space that is ready to go. The office has it's own
parking area, so parking shouldn't be an issue. There will be no need for large trucks
to deliver or pickup because of the smaller scale of the business. The wine has to be
kept in bond until they pull it out. Their current hours are 8:00 a.m. — 5:00 p.m.
N
MEMORANDUM, City of Lodi, Community Development Department
To: Planning Commission
From: Community Development Department
Dote: September 14, 2005
The request of Kirk Smith on behalf of the Velvet Grill and
Subject: Creamery Restaurant for a Use Permit to allow a Type 41 Alcoholic
Beverage License for On Sale Beer and Wine with Eating
Establishment at 1421 S. Ham Lane, Suite A.
RECOMMENDATION
Staff recommends that the Planning Commission approve the request of the
Velvet Grill and Creamery Restaurant for a Use Permit to allow a Type 41
Alcoholic Beverage Control (ABC) License for On Sale Beer and Wine with Eating
Establishment at a restaurant at 1421 S. Ham Lane, Suite A, subject to
conditions on the attached resolution.
SUMMARY
Review of Lodi Police Department event reports for calls for service at the Velvet
Grill and Creamery Restaurant has determined that there have been relatively
minor incidents related to noise from the restaurant staff. The planning
department does not feel that the Velvet Grill and Creamery Restaurant has been
a problem in the past and that a liquor license will create a serious problem.
ANALYSIS
In response to a letter from a neighbor, Jon Miller, in opposition to the granting
of a Use Permit for an ABC license, and a subsequent request by the Planning
Commission, the Planning Department has requested reports for all calls for
service from the police department to the Velvet Grill and Creamery Restaurant
from 2000 to 2005. The Police Department provided reports for all calls for
service at the restaurant location, including records of all noise complaints at the
restaurant (summarized in the table below).
The majority of service calls at the restaurant involved incidents in the parking
lot not associated with the restaurant, including traffic stops, suspicious
behavior and harassment complaints. The majority of service calls associated
with the restaurant involved leaving the doors open, fraud, and three incidents of
loud noise late at night. There was one reported incident of employees
skateboarding, one reported incident of partying in the back of the parking lot,
and one case of loud pressure washing of the parking lot at 2:00 am. The Police
Department records of calls for service at the restaurant from 2000 through 2005
do not reflect an ongoing problem with noise at the restaurant. None of the
police records contained references to employees drinking. While the planning
JACommanity DevelopmentlPlanninglSTAFFRPWO051U-05-91(police calls).doc
Police calls for service summary (2000-2005)
Related to Restaurant
Date
Time
02/06/2005
6:00 PM
Businesses front door left open, secured by employee
09/06/2004
12:00 PM
Open door to business, by owner for re -decorating
Ob/02/2004
2:30 AM
Disturbance: Loud noise from pressure washing: of parking lot.
05/17(2004
12:00 PM
oriented lost elderly female
45/13/2004
4:00 PM
t, no pay
10/28/2003
8:00 AM
FDistmurbanw
turbance:.partging in back tat (unclear ifsubjects were ernployeec)
06/24/2003
I :00 AM
picious vehicle in alley (delivery truck at business)
05/30/2003
11:00 PM
eck forgery08/29/2002
7:00 PM
t money
07/17/2002
10:30 AM
Documents fraud
06722/2002.
Loud employees skateboarding after work
04/03/2002
12:30 PM
Building check, employees inside
05/19/2001
I
Found property
05/09/2001
8:00 AM
Stolen Wallet
O (/21/2001
D9/t7/2000
09/16/2000
Commercial burglary
Hack door open
Commercial burglary
07/22/2000
72:30 PM
Disoriented lost elderly female
07/18/2002
9;00 AM
Suspicious incident: burnt matches inside front door
Not directly related to Restaurant
Date
Time
05/27/2005
12:00 PM
Fight in parking lot
07/27/2005
1045 PM
—TI',
Bald man with tattoos circling area
02/10/2005
00 PM
Walking stop
1 1/19/2004
12:00 PM
Harassment by male trying to read palms for $150
10/31/2004
4:00 PM
s skating and breaking bottles (not identified as employees)
08/2412004
8:00 AM
nt by sisters ex-boyfriend
07/13/2004
I :00 AM
s vehicle traffic stop
07/02/2004
11:00 PM
accident05/13/2004
Mab
7:00 PM
op, DUI03/10/2004
10:30 AM
topD3/05/2004
2:30 PM
6:00 PM
nt02/16/2005
aking stop
01/13/2004
12:30 PM
Vehicle accident
12/25/2005
10:30 AM
Suspicious vehicle: owners rearranging for sale
12/12/2003
8:00 AM
Abandoned vehicle
11/26/2003
2:30 PM
Disturbance, 4 juvenile males in a fight in parking lot
J:1Community Development\Planning\STAFFRPP2005\U-05-11(police calis).doc
11/21/2003
10:30 PM
Suspicious males going through mailboxes
08/09/2003
9:30 AM
Unoccupied vehicle facing wrong direction
06!1212003
1:30 AM
Vehicle stop
06/01/2003
9:30 AM
Truck loitering in lot, possibly occupied
03/18/2003
7:00 PM
Suspicious vehicle in back parking lot
12/20/2002
6:00 PM
Missing juvenile
08/13/2002
8:00 AM
Harassment
04/19/2002
7:30 PM
Vehicle stop
04/03/2002
6:00 PM
Suspicious vehicle in parking lot
01/0112002
1:00 PM
Vehicle accident
04/07/2001
7:00 PM
Stolen vehicle
04/11/2000
9:00 PM
Suspicious juvenile carrying box
department realizes that the neighbors around the restaurant may have been
disturbed by events not recorded in the police records, there is not a long history
in the police records that reflect an ongoing problem with noise and disturbance
associated with the restaurant.
The restaurant will not function as a bar and will be required to continue
operation as a restaurant, in compliance with ABC license requirements for a
Type 41 license. Because the Velvet Grill and Creamery is a restaurant that
would like to sell beer and wine with food, as opposed to a bar that serves food,
we do not anticipate that the alcohol sales portion of the business will create any
problems.
Conditions of approval are intended to insure that applicant shall operate and
abide by all conditions of the State of California Department of Alcoholic
Beverage Control license Type 41 regarding the consumption of alcohol and that
the applicant will insure that the granting of this Use Permit for an ABC liquor
license will not cause or result in repeated activities which disturb surrounding
neighbors.
Respectfully Submitted,
Jason Burke
Planner
JH/ib
Attachments
Reviewed 8s Concur,
Jerry Herzick
Building Official
JXommunity Development"anninglSTAFFRPT1200511J-05-11(police calls).doc 3
CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE:
APPLICATION NO:
September 14, 2005
Use Permit U-05-11
REQUEST: The request of Kirk Smith on behalf of the Velvet Grill and
Creamery Restaurant for a Use Permit to allow a Type 41
Alcoholic Beverage License for On Sale Beer and Wine with
Eating Establishment at 1421 S. Ham Lane, Suite A.
LOCATION:
APPLICANT:
PROPERTY OWNER:
Pro*ect Description:
1421 S. Ham Lane, Suite A, Lodi.
APN 060-020-04
Velvet Restaurant Inc.
25 Sierra Vista
Santa Barbara, CA
Chris Gianulias
3220 Province Towne Ct.
Modesto, CA 95355
The Velvet Grill and Creamery Restaurant has a full breakfast, lunch and diner menu including
sandwiches, pasta, traditional dinners, and deserts and would like to sell beer and wine in
conjunction with their food sales. The restaurant is open from 8:00 am to 10:00 pm, seven days a
week. The total square footage of the restaurant is 2,200 square feet and the restaurant has
approximately 20 employees working various shifts. Beer and wine will only be served during
hours the restaurant is serving food. Velvet Restaurant, Inc. must secure a Use Permit that will
allow them to obtain a Type 41 On Sale Beer and Wine with Eating Establishment license from
the Alcohol Beverage Control Dept.
General Plan Designation NCC, Neighborhood Community Commercial
Zoning Designation. C -S, Commercial Shopping Center
Property Size. 24,293 square feet, restaurant is 2,200 square feet.
Adiacent Zonine and Land Use:
North: P -D, Planned Development. Use is commercial shopping center and
Kettleman Lane.
South: P -D, Planned Development. Single Family Residential neighborhood.
East: P -D. Use is commercial shopping center. To the east across Ham Lane is
the Beckman Ranch Shopping Center.
West: RD. Uses include Single Family Residential neighborhoods and commercial
shopping center.
N91ghborhood Characteristics:
The restaurant site is in a small shopping center, located at the southwest corner of West
Kettleman Lane and South Ham Lane. Single-family residential neighborhoods are located to the
south of the restaurant. Commercial uses are located to the north, east and west. Kettleman
Lane, which is located north of the project property, is a major thoroughfare that has a mixture of
commercial and office types of uses along this stretch of roadway. The other three comers of this
intersection have some type of commercial or institutional use. The subdivisions to the south are
separated from the shopping center by a block wall. This wall also runs the length of Ham lane
south of the subject site. Within the shopping center, the Velvet Grill shares the building with
two small retail businesses. There is also a freestanding auto parts store directly to the north of
the restaurant.
ENVIRONMENTAL ASSESSMENTS:
The project was found to be Categorically exempt according to the California Environmental
Quality Act, Article 19 § 1532, Class 21 (a) (2). The project is classified as an "Enforcement
action by regulatory agencies" because it is the "adoption of an administrative decision or order
enforcing ...the lease, permit, license, certificate, or entitlement for use or enforcing the general
rule, standard, or objective." No significant impacts are anticipated and no mitigation measures
have been required.
PUBLIC HEARING NOTICE:
Legal Notice for the Use Permit was published on July 30, 2005. Twenty-six public hearing
notices were sent to all property owners of record within a 300 -foot radius of the subject property.
RECOMMENDATION:
Review of Lodi Police Department event reports for calls for service at the Velvet Grill and
Creamery Restaurant has determined that there have been relatively minor incidents related to
noise from the restaurant staff. Staff recommends that the Planning Commission approve the
request of Velvet Restaurant, Inc. for a Use Permit to allow a Type 41 Alcoholic Beverage
License for On Sale Beer and Wine with eating establishment at 1421 South Ham Lane, subject
to the conditions on the attached resolution.
ALTERNATIVE PLANNING COMMISSION ACTIONS:
• Approve the Use Permit with Alternate Conditions
• Deny the Use Permit
• Continue the Request
ATTACHMENTS:
1. Vicinity Map
2. Sample Menu
3. Draft Resolution
VICINITY MAP
Velvet Grill Restaurant
1421 South Ham Lane
Lodi, CA 95241
it
NORTH
C:Ivelvetvicm' itymap.doe
410
*f
RESOLUTION NO. P.C. 05-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI
APPROVING THE REQUEST OF KIRK SMITH ON BEHALF OF THE VELVET
GRILL AND CREAMERY RESTAURANT FOR A USE PERMIT TO ALLOW A TYPE
41 ALCOHOLIC BEVERAGE LICENSE FOR ON SALE BEER AND WINE WITH A
RESTAURANT AT 1421 S. HAM LANE, SUITE A.
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly
noticed public hearing, as required by law, on the requested Use Permit, in accordance
with the Lodi Municipal Code, Section 17.72.070.
WHEREAS, the project proponent is Kirk Smith on behalf of the Velvet Grill and
Creamery Restaurant; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the property is zoned C -S, Commercial Shopping; and
WHEREAS, the property is located at 2745 West Kettleman Lane, Lodi, CA (APN 060-
020-04) and is currently operating as a restaurant; and
WHEREAS, the requested use permit to allow the selling of beer and wine for on-site
consumption within the restaurant is an enforcement action in accordance with the City of Lodi
Zoning Ordinance; and
WHEREAS, Census Tract 43.06 in which the restaurant is located is currently operating
with eight existing licenses of the eight allowable number of licenses allowing on premise
consumption of alcoholic beverages; and
WHEREAS, the State Department of Alcoholic Beverage Control has training available
that clearly communicates State law concerning the sale of alcoholic beverages; and
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning
Commission of the City of Lodi as follows.
The project is categorically exempt according to the California Environmental Quality Act,
§ 15321, Class 21 (Enforcement Action by Regulatory Agency). The permit is being granted
under adoption of an administrative decision or order enforcing the ABC license and
enforcing Section 17.72.070 of the Zoning Ordinance and no significant impacts are
anticipated and no mitigation measures have been required.
2. Use Permit Application No. U-05-011 is hereby approved, subject to the following
conditions:
A. The applicant shall operate and abide under all conditions of the State of California
Department of Alcoholic Beverage Control license Type 41.
B. The Type 41 license shall be limited to the on-site sale and consumption of beer and
wine during the hours that the restaurant is open for dining and that no off -sale of
alcohol.
U-05-11 res
C. Prior to the issuance of a Type 41 license, the applicant shall complete Licensee
Education on Alcohol and Drugs as provided by the State Department of Alcoholic
Beverage Control.
D. The applicant shall insure that the serving of alcohol does not cause any condition that
will cause or result in repeated activities that are harmful to the health, peace or safety of
persons residing or working in the surrounding area. This includes, but is not limited to:
disturbances of the peace, illegal drug activity, public drunkenness, drinking in public,
harassment of passerby, assaults, batteries, acts of vandalism, loitering, excessive
littering, illegal parking, excessive loud noises (especially in the late night or early
morning hours), traffic violations or traffic safety based upon last drink statistics, curfew
violations, lewd conduct, or police detention and arrests.
The Planning Commission determines that public convenience or necessity would be served
by the issuance of the Use Permit for a Type 41, On -sale Beer and Wine with eating
establishment license.
4. This conditional use permit shall be subject to periodic review for compliance with these
conditions by the Planning Commission.
5. No variance from any City of Lodi adopted code, policy or specification is granted or
implied by the approval of this resolution.
Dated: August 10, 2005
1 hereby certify that Resolution No. 05- was passed and adopted by the Planning
Commission of the City of Lodi at a regular meeting held on August 10, 2005 by the
following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
U-05-1 I res
Secretary, Planning Commission
LODI PLANNING COMMISSION
REGULAR COMMISSION MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, SEPTEMBER 14, 2005
1. CALL TO ORDER 1 ROLL CALL
The Regular Planning Commission meeting of September 14, 2005, was called to order by Chair Aguirre
at 7:00 p.m.
Present: Planning Commissioners — Cummins, Haugan, Heinitz, Kuehne, White, and
Chair Aguirre
Absent: Planning Commissioners — Moran
Also Present: Community Development Co -Manager Joseph Wood, Associate Planner Mark
Meissner, Deputy City Attorney Janice Magdich, and Administrative Secretary
Kari Chadwick
2. MINUTES
a) "August 10, 2005"
MOTION 1 VOTE:
The Planning Commission, on motion of Commissioner Haugan, White second, approved the
minutes as written.
3. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is on file
in the Community Development Department, Chair Aguirre called for the public hearing to
consider the request of Carl Wishek on behalf of the Old Arch Brewing Company for a Use
Permit to allow a Type 75 Alcoholic Beverage License-Brewpub for On Sale Beer, Wine, and
Distilled Spirits with Eating Establishment at 115 S. School Street.
Mark Melssner reported the project site is located in the recently remodeled Woolworth building
across from the Post Office. The applicant originally applied for a Type 23 ABC License back in
August 2003 and is now requesting a Type 75 which would allow for distilled spirits as well as a
Brew Pub. The Old Arch Brewing Company will be offering lunch & dinner. There is an over
concentration of Liquor licenses in this Census Tract area. The license is a trade from one type
to another but will still require an approval letter for ABC. Staff recommends approval of this
Use Permit.
In response to Commissioner Heinitz, Mr. Meissner stated that this will not add another license
to the Census Tract area it will only switch the type of license that was already approved from a
Type 23 to a Type 75.
In response to Commissioner Haugan, Mr. Meissner stated that there doesn't need to be a
reason why we feel the Use Permit is a Public Convenience. Janice Magdich, Deputy City
Attorney, stated that we can include the language that states why we feel there is a Public
Convenience. Mr. Haugan would like to see the reason why stated in the Resolution so that in
the future it is clear to anyone reading it. Commissioner Heinitz supports Commissioner
Haugan's statement for clarification.
In response to Commissioner Haugan, Mr. Meissner stated that the type 75 license can have off
site sales. Commissioner Haugan would like to see this limited to on site sales only. He would
also like to make sure that someone can't purchase a drink at the bar and walk out the door with
it. Ms. Magdich stated that it is limited to on site sales and consumption of Beer, Wine and
Distilled Spirits during the hours that the restaurant is open for dinning and off sale of Beer and
Wine. Mr. Haugan doesn't mind if they sell to vendors but does not want to see retail sales to
the general public.
Continued
Vice Chair Kuehne stated that the Lodi beer Company has off site sales (retail) during business
hours. Ms. Magdich stated that you can not drink alcoholic beverages in public. She also
recommends revisiting the issue after the applicant has had a chance to speak.
HgAring Opened to the Public
+ Carl Wishek, 23780 North Kennifick Rd., Acampo, came forward to answer questions.
In response to Commissioner Heinitz, Mr. Wishek stated that they were considering selling a
special container called growlers that can be filled and bought so the customer can take Beer
home with them. Commissioner Haugan wanted to clarify that the Beer was not going into
bottles and being capped and sold.
Public Portion of Hearing Closed
Commissioner Haugan stated that if this is a specialty thing and the other establishment is doing
it then he does not have a problem with it. He would not like to see a liquor store theme happen.
Commissioner Kuehne would like to have the word wine deleted from page two paragraph B.
MOTION 1 VOTE:
The Planning Commission, on motion of Commissioner Heinitz, White second, approved the request
of Carl Wishek on behalf of the Old Arch Brewing Company for a Use Permit to allow a Type 75
Alcoholic Beverage License-Brewpub for On Sale Beer, Wine, and Distilled Spirits with Eating
Establishment at 115 S. School Street subject to the attached amended resolution. The matter was
approved by the following vote:
Ayes: Commissioners — Cummins, Haugan, Heinitz, Kuehne, White and Chair Aguirre
Noes: Commissioners — None
Abstain: Commissioners — None
b) Notice thereof having been published according to law, an affidavit of which publication is on file
in the Community Development Department, Chair Haugan called for the continuation of the
public hearing to consider The request of Kirk Smith on behalf of the Velvet Grill Restaurant for
a Use Permit to allow a Type 41 Alcohol Beverage License for on sale beer and wine with eating
establishment at 1421 South Ham Lane, Lodi
Mark Meissner reported that the Velvet Grill is located on Ham Lane just south of Kettleman
Lane. This hearing is continued from the August 10"' Commission meeting. Commission
requested the police reports and found that most calls were not directly related to the restaurant
itself. Three calls for noise late at night were related. One call was for general partying in the
side parking lot, one for skateboarding, and one for pressure washing part of the building. There
were no reports directly related to the employees drinking. The reports are for a five year period
so there doesn't seem to be an on going problem. Staff finds that the Velvet Grill is a restaurant
and because of that feel there will not be any alcohol related problems. Staff also finds that the
restaurant is conditioned by ABC to have food receipts in excess of beer and wine receipts. It is
also a condition in the resolution that repeated disturbances would result in revocation of this
Use Permit. Staff recommends approval of the request subject to the attached resolution.
Mr. Meissner stated that he called to make sure someone would be at the meeting to represent
the applicant.
Hgpring Opened to the Public
• Wesley Wemet, 412 N. California Street, assistant manager for the restaurant.
2
Continued
In response to Commissioner Heinitz, Mr. Wemet stated that he has not had any dialogue with
the complainant but he is aware of the problems and concerns. He stated that the applicant
gave him a piece of paper with answers to the questions on it. Mr. Wemet read the statement
that the applicant gave to him and they are as follows:
1. We are only open until 10:00 pm at the latest.
2. We have been serving beer and wine at the other three locations for over twelve years
with no violations or incidents relating to the sale of such.
3. We have operated this restaurant since June of 2004 and have developed a crew over
the passed year to be able to serve beer and wine in an appropriate manner.
4. We will offer beer or wine to those customers that wish to have it with very little attempt
to sell these beverages via marketing or other means.
5. Employees are not allowed to drink these beverages with strict inventory controls to
help assure this.
6. In regards to a neighbor, Mr. John Miller's issue, all issues were either not related to
this establishment or have been addressed as so to minimize future concerns.
In response to Chair Aguirre, Mr. Wemet stated that Mr. Smith is at the location in Alameda.
Commissioner Haugan stated that one of his concerns was that the owner felt that it wasn't
necessary for him to be here. He feels that this issue is being taken as less than important. Mr.
Haugan doesn't have a problem with the serving of the beverages being requested but there is a
problem with the owner by his lack of presence. He also said he had no problem with the
request.
Commissioner Heinitz stated that the cavalier attitude of the establishment, the fact that the
owner doesn't find the importance of being here and a preprinted answer sheet was sent with
Mr. Wemet, leads to the assumption that the cavalier attitude will carry over into the serving of
the beer and wine and he doesn't see it having the control that is needed. He did not want to
vote in favor of this the last time and will not support it at this time.
In response to Commissioner Cummins, Mr. Wemet stated the Kirk Smith is the president of the
company and Chris Gianulias owns the building. Bili Owens, who lives in Santa Barbara, owns
the franchise.
Jonathan Miller, 1424 Claret Ct., stated that the fact that the owner isn't present is indicative of
the response he has gotten in the past. He also wanted to make it clear that not all the calls that
he made were to the police he did call the owner directly. He has no problem with the serving of
the beer and wine but he questions the maturity level of the staff.
Public Portion of Hearing Closed
Commissioner Heinitz is disappointed that the applicant didn't show up and feels it's just going
to be a loose run operation and can not support it.
Commissioner White stated that the Use Permit goes with the property not with the owner. He
would like to hear in the staff report why the owner believes that there is a public necessity or
convenience. He is not in favor at this time.
In response to Commissioner Haugan, Mr. Meissner stated that the application was made by the
Velvet Restaurants Inc. but Chris Gianulias brought the application in.
Commissioner Haugan felt that the franchise owner should show a little more interest. He is not
in favor of this.
Commissioner Heinitz requested clarification from council regarding the names having to be the
same on all the licenses and Use Permits. Janice Magdich, Deputy City Attorney, stated that the
names should all be the same. In the past there has not been a history of making them both
3
Continued
comply because the applicant will in some instances apply for the Use Permit and then at a later
date apply for the ABC License.
Commissioner Heinitz feels that the person whom is obtaining the Use Permit is an important
factor.
MOTION 1 VOTE:
The Planning Commission, on motion of Commissioner Cummins, Heinitz second, rejected the
request of Kirk Smith on behalf of the Velvet Grill Restaurant for a Use Permit to allow a Type 41
Alcohol Beverage License for on sale beer and wine with eating establishment at 1421 South Ham
Lane, Lodi. The matter was approved by the following vote:
Ayes: Commissioners — Cummins, Haugan, Heinitz, Kuehne, White, and Chair Aguirre
Noes: Commissioners — None
Abstain: Commissioners — None
Chair Aguirre notified the representative of the applicant's right to appeal.
4. PLANNING MATTERS
None
ANNOUNCEMENTS AND CORRESPONDENCE
Ione
6. ACTIONS OF THE CITY COUNCIL
None
7. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE
None
8. UPDATE ON COMMUNITY SEPARATORIGREENBELT TASK FORCE
None
9. QQMMENTS BY THE PUBLIC
None
10. 6PJOURNMENT
There being no further business to come before the Planning Commission, the meeting was adjourned
at 7:45 p.m.
ATTEST:
Kari Chadwick
Administrative Secretary
4
CITY COUNCIL
JOHN BECKMAN, Mayor
SU5AN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOB JOHNSON
JOANNE L. MOUNCE
October 14, 2005
CITY OF I,ODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 33 3 -6711
FAX (209) 333-6842
rhatchPlodi.gov
Mr. Kirk Smith
c/o Velvet Restaurants, Inc.
698 Sugarwood Court
Galt, CA 95355
SUBJECT: USE PERMIT APPLICATION: U-05-011
VELVET GRILL RESTAURANT, TYPE 41 LIQ. LIC.
1421 SOUTH HAM LANE, LODI.
Mr. Smith:
BLAIR KING
City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEPHEN SCHWABAUER
City Attorney
At its meeting of Wednesday, October 12, 2005, the Lodi City Planning Commission
confirmed their denial of your request for a Use Permit to establish a Type 41, On -Sale
Beer and Wine liquor license for the Velvet Grill Restaurant located at 1421 South Ham
Lane, Lodi. The Planning Commission's denial is based on the findings set forth in the
revised Resolution No. PC 05-29. This revised resolution supersedes the previous
resolution sent to you in the letter dated September 15`h. Please disregard that resolution,
as it is no longer valid.
For your information, your appeal to the City Council is planned to be heard at their
public hearing of November 16, 2005. You will receive official notice of this meeting in
the near future. If you have any questions, please contact me at one the options listed
above.
Sincerely,
Randy Hatch
Community Development Director
enclosure: Res. 05-29
cc: Alcoholic Beverage Control
Velvet Restaurants Inc.
Chris Gianulias
RESOLUTION NO. P.C. 05-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI DENYING
THE REQUEST OF KIRK SMITH ON BEHALF OF THE VELVET GRILL AND
CREAMERY RESTAURANT FOR A USE PERMIT TO ALLOW A TYPE 41 ALCOHOLIC
BEVERAGE LICENSE FOR ON SALE BEER AND WINE WITH A RESTAURANT AT
1421 S. HAM LANE, SUITE A.
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly
noticed public hearing on September 28, 2005, as required by law, on the requested
Use Permit, in accordance with the Lodi Municipal Code, Section 17.72.070; and
WHEREAS, the project proponent is Kirk Smith on behalf of the Velvet Grill and
Creamery Restaurant; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the property is zoned PD, Planned Development for Commercial Shopping;
and
WHEREAS, the property is located at 1421 South Ham Lane, Lodi, CA (APN 060-020-
04) and is currently operating as a restaurant; and
WHEREAS, Census Tract 43.06 in which the restaurant is located is currently
operating with eight existing on sale licenses with eight allowable; and
WHEREAS, the requested liquor license would be the 9th on sale liquor license creating
an over concentration for the Census Tract; and
WHEREAS, the Planning Commission's review of liquor licenses must take into
consideration the General Plan's Land Use and Growth Management Element Goal
E, Policy 7 "In approving new commercial projects, the City shall seek to ensure that
such projects reflect the City's concern for achieving and maintaining high quality
development," and Health and Safety Element Goal D, "To prevent crime and
promote the personal security of Lodi residents;" and
WHEREAS, the Planning Commission requires review and approval of a use permit for
all new liquor licenses within the City of Lodi to allow a public forum for discussion
and deliberation to insure new commercial projects achieve and maintain a high
quality of development, and prevent potential impacts that could be detrimental to
the public's welfare.
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning
Commission of the City of Lodi as follows.
The Applicant failed to provide the information necessary for the Planning
Commission to determine whether the project would achieve and maintain a high
quality of development, and whether the public's welfare would be served by
approving the requested Use Permit to this applicant. Therefore, Use Permit
Application No. U-05-011 is hereby denied.
Dated: October 12, 2005
I hereby certify that Resolution No. 05-29 was passed and adopted by the
Planning Commission of the City of Lodi at a regular meeting held on October 12, 2005
by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ,- ---
ecret , Plaxining Commission
U05011 resDenial ldoc
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,
L953. Case Number 6599o; that the notice of which
the annexed is a printed copy (set in type not
Smaller than non-pareil) has been published in
:ach regular and entire issue of said newspaper
end not in any supplement thereto on the following
fates to -wit:
Vovember 5th
ail in the year 2005.
certify (or declare) under the penalty of perjury
hat the foregoing is true and correct.
)ated a 4 California, day of
dover, 2 06... ......... .... 4 . ......
Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Special Notice of Public Hearing for November 16, 2005,
Consider an appeal of the Planning Commission decision to
deny the request of Kirk Smith on behalf of Velet Grill
for a use permit (U-06-021) to all a Type 42 Alcoholic
Bevera License for on sale beer and wine with a
restaurant at 2421 S. Ham Lane, Suite A
8502393
DECLARATION OF MAILING
PUBLIC HEARING FOR NOVEMBER 16, 2005, CONSIDER AN APPEAL OF THE PLANNING
COIIi MISSION'S DECISION TO DENY THE REQUEST OF KIRK SMITH ON BEHALF OF
VELVET GRILL FOR A USE PERMIT (U-05-011) TO ALLOW A TYPE 41 ALCOHOLIC
BEVERAGE LICENSE FOR ON SALE BEER AND WINE WITH A RESTAURANT AT 1421
SOUTH HAM LANE, SUITE A.
On November 3, 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 Consider
an Appeal of the Planning Commission's decision to deny the request of Kirk Smith on behalf of
Velvet Grill for a use permit (U-05-011) to allow a Type 41 Alcoholic Beverage License for on
sale beer and wine with a restaurant at 1421 South Ham Lane, Suite A
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 3, 2005, at Lodi, California.
ORDERED BY:
JENNIFER M. PERRIN, CMC
EPLAY CITY CLERK
/ &aa.�
I
ANA R. CHAPMAN
ADMINISTRATIVE CLERK
Forms/decmail.doc
ORDERED BY:
SUSAN BLACKSTON
CITY CLERK, CITY OF LODI
JACQUELINE L. TAYLOR, CMC
DEPUTY CITY CLERK
U-05-01 I —Velvet Grill
APN;OWNER;ADDRESS;CITY;STATE;ZIP,SITUSNUM;SITUSDIR;SITUSSTNAME;SITUSTYP
E
06002003;MIYAHARA, KAZUO & HATSUMI TR ;PO BOX 2198 ;MEMPHIS
;TN;38101;1300;W ;KETTLEMAN ;LN
06003074;DAVIDSON, JERROLD P & KIMBER 1;497 N 71ST ;SPRINGFIELD
;OR;97478;1511;S ;BURGUNDY ;DR
06002004;GIANULIAS, CHRIS & PAULINE;3220 PROVINCE TOWNE
CT;MODESTO;CA;95355;1421;S;HAM;LN
06003011;PHARR, MARGARET ELINOR TR;1925 NORFOLK
DR;LODI;CA;95242;1512;S;BURGUNDY;DR
06003012;ALBERT, MARK J & KIM L;1506 BURGUNDY
DR;LODI;CA;95242;1506;S;BURGUNDY;DR
06003013;JENSON, SUSAN J;1500 BURGUNDY
DR;LODI;CA;95242;1500;S;BURGUNDY;DR
06003014;GAUNA, CESAREO & AURORA A;1401 VIN ROSE
DR;LODI;CA;95242;1401;W;VIN ROSE;DR
06003015;PARDELLA, JOHN F & CAROLE M TR;2013 TYLER
WAY;LODI;CA;95242;1407;W;VIN ROSE;DR
06003016;SOROUR, NAGUI & LAILA;1343 RIVERGATE
DR;LODI;CA;95240;1430;S;CLARET;CT
06003017;MILLER, JONATHAN & JEAN MARIE;1424 CLARET
CT;LODI;CA;95242;1424;S;CLARET;CT
06003018;MORRIS, DAVID P & RAE JEAN;1418 CLARET
CT;LODI;CA;95242;1418;S;CLARET;CT
06003019;KENNEDY, KERRIE E;1419 CLARET
CT;LODI;CA;95242;1419;S;CLARET;CT
06003020;SHAH, FIAZ & SHAHNAZ;1953 VICTORIA
DR;LODI;CA;95242;1425;S;CLARET;CT
06003021;BADER, LADON G & KATHIE M TR;1124 W TOKAY
ST;LODI;CA;95240;1431;S;CLARET;CT
06003022;PLACENCIA, CONSUELO TR;2621 APPIAN
WAY;PINOLE;CA;94564;1432;;ZINFANDEL;DR
06003023;SINGH, MANJIT & JASWINDER KAUR;2072 PROVIDENCE
WAY;LODI;CA;95242;1426;S;ZINFANDEL;DR
06003024;HIETBRINK, GARY A & NANCY A;1420 ZINFANDEL
DR;LODI;CA;95242;1420;S;ZINFANDEL;DR
U-05-011 —Velvet Grill
06003070;SHAH, ZAKIR H;1420 VIN ROSE DR;LODI;CA;95242;1420;W;VIN
ROSE;DR
06003071;SIDHU, INDERJIT S & PARDEEP;1414 VIN ROSE
DR;LODI;CA;95242;1414;W;VIN ROSE;DR
06003072;FILOMEO, DONALD & ELFONDA L;1408 VIN ROSE
DR;LODI;CA;95242;1408;W;VIN ROSE;DR
06003073;PRIDMORE, ALOHA R TRUSTE$;1110 W PINE
ST;LODI;CA;95240;1402;W;VIN ROSE;DR
06004001;CUPERTINO NATIONAL BANK;400 EMERSON ST;PALO
ALTO;CA;94301;1230;W;KETTLEMAN;LN
06005101;HUTMACHER, DOUGLAS D & KERRY J;1227 W CHIANTI
DR;LODI;CA;95240;1227;W;CHIANTI;DR
06005102;BIANCHI, ROCKY & LINDA;1221 W CHIANTI
DR;LODI;CA;95240;1221;W;CHIANTI;DR
06005103;KLUDT, RICHARD A & PAMELA G;1215 CHIANTI
DR;LODI;CA;95240;1215;W;CHIANTI;DR
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
November 3, 2005
Kirk Smith
Velvet Grill
1421 S. Ham Lane
Lodi, CA 95242
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6702
FAX (209) 333-6807
citycirk@lodi.gov
BLAIR KING, City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEPHEN SCHWABAUER
City Attorney
MAILED CERTIFIED MAIL
AND REGULAR U.S. POSTAL DELIVERY
NOTICE OF CITY COUNCIL PUBLIC HEARING — November 16, 2005
This letter is to notify you that a public hearing will be held by the City Council on
Wednesday, November 16, 2005, at 7:00 p.m., or as soon thereafter as the matter can
be heard, at the Carnegie f=orum, 305 W. Pine Street, Lodi.
This hearing is being held to consider your appeal of the Planning Commission decision
on September 14, 2005 to deny Use Permit U-05-011 to allow a Type 41 Alcoholic
Beverage Control License for on sale beer and wine with a restaurant at
1421 S. Ham Lane, Suite A.
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 95249-9910, or delivered to the City Clerk at 221 West
Pine Street, Lodi, California.
Should you have any questions, please contact my office or the Community Development
Department at (209) 333-6711.
Sincerely,
Susan J. Blackston
City Clerk
cc: Community Development Department
DECLARATION OF POSTING
PUBLIC HEARING FOR NOVEMBER 1S, 2005, CONSIDER AN APPEAL OF THE
PLANNING COMMISSION'S DECISION TO DENY THE REQUEST OF KIRK SMITH
ON BEHALF OF VELVET GRILL FOR A USE PERMIT (U-05-011) TO ALLOW A
TYPE 41 ALCOHOLIC BEVERAGE LICENSE FOR ON SALE BEER AND WINE WITH
A RESTAURANT AT 1421 SOUTH HAM LANE, SUITE A.
On Thursday, November 3, 2005, in the City of Lodi, San Joaquin County, California, a notice of
public hearing to Consider an Appeal of the Planning Commission's decision to deny the request
of Kirk Smith on behalf of Velvet Grill for a use permit (U-05-011) to allow a Type 41 Alcoholic
Beverage License for on sale beer and wine with a restaurant at 1421 South Ham Lane, Suite A
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 November 3, 2005, at Lodi, California.
JENNIFER M. PERRIN, CMC
DEPUTY CITY CLERK
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
N:\Administration\CLERKIFORMSIDF,CPOST.DOC
ORDERED BY:
SUSAN .,I. BLACKSTON
CITY CLERK
JACQUELINE L. TAYLOR, CMC
DEPUTY CITY CLERK
CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: November 16, 2005
Time: 7:00 p.m.
For information regarding this notice please contact:
Susan J. Slackston
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, November 16, 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 Carnegie Forum,
305 West Pine Street, Lodi, to consider the following matter:
a) to consider an appeal of the Planning Commission's decision to deny the request of Kirk Smith on
behalf of Velvet Grill for a Use Permit (U-05-011) to allow a Type 41 Alcoholic Beverage License for on sale
beer and wine with a restaurant at 1421 South Ham Lane, Suite A
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 close of
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:
Susan J. Blackston
City Clerk
Dated: November 2, 2005.
M—Q- Irmo
D. Stephen Schwabauer
City Attomey
CLERKIPUSWEARWOTICES1CurrentPHforLNS.doc 11MS
r-7;1.4 [ �--Y I (a -0
Nov 16, 2005 re (U-05-011)
To Lodi City Council,
I wish to put in writing some of the timeline/facts, as I know them.
We have applied for and been granted beer/wine licenses in 3 other
locations, which we operate. The application process in Lodi is far different
than we have experienced before. Specifically, we did not realize we needed
to attend any public hearing in this process. We paid the $1000 fee in late
June, when I submitted the application. At that time I was not informed of
any need to attend any hearings. All that was said was "we will try to push
this through as quickly as possible". It was never my intent to appear
disinterested in your process, I was simply not as well versed, as I should
have been. Because of this, nobody from our restaurant was in attendance to
represent us properly.
We take this very seriously, feel the granting of this license is necessary
to keep up with other restaurants in the city that have this right. The written
reason for denying our license has us puzzled. It is stated that there are
already 8 such type permits in our zone, of which we would be #9. We were
then informed this area is only zoned for 8. My confusion is why were we
allowed to write a check for a permit of which we could not meet the criteria
necessary in the first place.
Additionally, on Sept 14,1 received a letter from the CDD stating their
recommendation to approve this request. Again, not having any clue this
would not be approved, I was confused about the decision that very night to
deny the permit. At that meeting on Sept 14th, our manager in attendance
was told they denied it because we were not taking this seriously enough,
although this was not the written reason for denial.
This brings us to tonight, where I hope satisfy any concerns.
Dirk Smith
President, Velvet Grill and Creamery.
RESOLUTION NO. 2005-245
A RESOLUTION OF THE LODi CITY COUNCIL OVERRULING
THE PLANNING COMMISSION'S DECISION AND APPROVING
THE REQUEST OF KIRK SMITH ON BEHALF OF THE VELVET
GRILL FOR A USE PERMIT TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ON -SALE
BEER AND WINE WITH A RESTAURANT AT 1421 SOUTH HAM
LANE, SUITE A, SUBJECT TO THE CONDITIONS AS
RECOMMENDED BY THE PLANNING COMMISSION
WHEREAS, notice thereof having been published according to law, an affidavit of which
is on file in the office of the City Clerk, a public hearing was held November 16, 2005, by the
Lodi City Council to consider the appeal of Kirk Smith on behalf of the Velvet Grill for a Use
Permit (U-05-011) to allow a Type 41 Alcoholic Beverage Control license for on -sale beer and
wine with a restaurant at 1421 South Ham Lane, Suite A.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council determines that
public convenience or necessity would be served by the issuance of Use Permit (U-05-011) and
does hereby overrule the Planning Commission's decision and does approve the request of Kirk
Smith on behalf of the Velvet Grill for a Use Permit to allow a Type 41 Alcoholic Beverage
Control license for on -sale beer and wine with a restaurant at 1421 South Ham Lane, Suite A,
subject to the following conditions as recommended by the Planning Commission:
A, The applicant shall operate and abide under all conditions of the State of
California Department of Alcoholic Beverage Control license Type 41.
B. The Type 41 license shall be limited to the on-site sale and consumption of beer
and wine during the hours that the restaurant is open for dining and that no off -
sale of alcohol be allowed.
C. Prior to the issuance of a Type 41 license, the applicant shall complete Licensee
Education on Alcohol and Drugs as provided by the State Department of
Alcoholic Beverage Control.
D. The applicant shall ensure that the serving of alcohol does not cause any
condition that will cause or result in repeated activities that are harmful to the
health, peace, or safety of persons residing or working in the surrounding area.
This includes, but is not limited to, disturbances of the peace, illegal drug activity,
public drunkenness, drinking in public, harassment of passersby, assaults,
batteries, acts of vandalism, loitering, excessive littering, illegal parking,
excessive loud noises (especially in the late night or early morning hours), traffic
violations or traffic safety based upon last drink statistics, curfew violations, lewd
conduct, or police detention and arrests.
BE IT FURTHER RESOLVED that this conditional use permit shall be subject to periodic
review for compliance with these conditions by the Planning Commission.
BE IT FURTHER RESOLVED that no variance from any City of Wi adopted cam,
policy, or specification is granted or implied by the approval of this resolution.
Dated:: November 16, 2006
I hereby certify that Resolution No. 2005-246 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 16, 2005, by lie following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — Mayor Beckman
SUSAN J. BLACKSTON
City Clerk
2405-246
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOB JOHNSON
JOANNE MOUNCE
Kirk Smith
Velvet Grill
1421 S. Ham Lane
Lodi, CA 95242
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1 91 0
(209) 333-6702
FAX (209) 333-6807
cityclrk@lodi.gov
November 17, 2005
BLAIR KING, City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEPHEN SCHWABAUER
City Attorney
RE: Resolution Overruling the Planning Commission's Decision and
Approving the Request of Velvet Grill for a Use Permit to Allow a Type
41 Alcoholic Beverage Control License for On -Sale Beer and Wine
with a Restaurant
The Lodi City Council, at its meeting of November 16, 2005, adopted the
enclosed resolution overruling the Planning Commission's decision and approving
your request on behalf of the Velvet Grill for a Use Permit (U-05-011) to allow a
Type 41 Alcoholic Beverage Control license for on -sale beer and wine with a
restaurant at 1421 South Ham Lane, Suite A, subject to the conditions as
recommended by the Planning Commission and outlined in the enclosed
resolution.
Should you require further information or have any questions, please feel free to
contact my office, or Community Development at (209) 333-6711.
Sincerely,
Susan J. Blackston
City Clerk
SJ B/JM P
Enclosure
cc: Community Development (w/o enc.)
followupllTransmittal.doc