The URL can be used to link to this page

Home My WebLink AboutAgenda Report - April 4, 2007 E-11 PHAQ MDA ITEM fiw�v 11 CITY OF LORI COUNCIL COMMUNICATION AGENDA TITLE: Set a Public Hearing for April 18, 2007 in order to consider an appeal to the Planning Commission's approval of a Conditional Use Permit for Wine Country Casino and Restaurant located at 1800 South Cherokee Lane. (Wine Country Casino and Restaurant, applicant; Kenneth R. Owen, appellant). MEETIN$ DATE: April 4, 2007 PREPAIIIED BY: Randy klatch, Community Development Director RECOMWENWO ACTION: $et a Public Hearing for April 18, 2007 in order to consider an appeal to the Planning Commission's approval of a Conditional Use Permit for Wine Country Casino and Restaurant located at 1800 South Cherokee Lane. BACKGROUND INFORMATION: At their February 14, 2007 meeting the Planning Commission conducted a public hearing and conditionally approved the Use Permit request of Wine Country Casino and Restaurant for the proposed card room operation. An appeal was filed on March 1, 2007 to the approval of the Conditional Use Permit from Kenneth R. Owen, a represerfttive from Christian Community Concerns. This appeal was timely filed and the City Council needs to conduct an appeal hearing, FISCAL IMPACT: NIA FUNDING- NIA Attachment: Appeol letter RHlkjc Randy h1dich Community Development Director APPROVED- ""7=>-01 Blair W, City Manager City of Lodi Community iheveiopment Department P.O. Dox 3006 221 W. Pin: Strat Lodi, Califomia 95241-1910 Geperaijabrmotion Requir . . Appellant'iAlamo Phow Kenneth R. Owen 209-368-0990 Mailing A41ross 10908 . Micke Grove Rd Lodi, CA 95240 Relation to Subject Property (Pertaining Appcai} Agl"qg for Apmal Before the Board of Appeals For the City of Lodi �' Fa F LSSB Q1�LY Appeal RdaMd1& icu1Docuntenrs Ci•� Issued By: 0 Owner 0 Tenant ❑ Property Manager/Agent 14 Other: concerned citizen In the =. 0&;trf le gpwWants. arch stusr 6N out an Anp rFon fgr Anned kg do cera subrnir toiedher under me fo. Subject Address Assessor's Parcel No. 1800 S. Cherokee Lane, Lodi, CA 95240 Parcel# 06051 n CC HR Subject Property Owner's Name Phone CA —�� Leon Croce Trust, P 0 Box 555, Lodi, CA 95241- - CD ~PR Subject Property Owner's Malling Address Vf� _FIN -PW ADUcal kfa ilogg Uguirel__FD ,COM Provide a s _ rapt of the specific order out action protested, together with any material faros claimed to support the contentions of the appellant, and any reiieralaight Ig4 mmoit is clabgd tbat thMotesW ordcr orderor #ctin should bLMygICd. modified.r n We are protesting e action taken by the Lodi Planning Commission concerning the " _ _ _ t" for_ 1ajiJr t Co,pntry was approved on _ cand.ition,al .use Permit".for Casino and Restaurant t3�at.__. February 14, 2007 -Our ,pXiMary_roncerns are as follows: The area for the proposed casino is mostly residential with a few businesses on Cherokee Lane. We do not feel this is.a.good-location for this type of business. Secondly, Cherokee Lane is a major gateway for people coming from ]Hiway 99 south. This is the first business they will see when coming into Lodi.. It is also a major corridor for residents who will be using it ,going to and from _their homes. In add_iLion_to concerns we have for the location, we also feel that a broader discussion about the whole issue of expanding gambling in Lodi should take place. Please see attached pagesfor additional details: Attach Addiliosal Pager If Necessary Initial Review of Appeal: There witl be an initial Administrative Review of this appeal to determine whether this Department can reaotve tate issues under appal. Ir the issues can W resolved through this Administtitive Review, then the $340 Appeal Fee will be returned to the Appellant. Staying Order Under Appeal: Except for Natises to Vacate, enforcement of any notice and order of the Building Oficial shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. Date 1 Signature Print Name DatclTime Rlecived By: Fee paid: (fit l4sy 17, 2006, the C ty Council conducted a hearing on a proposol amendnwnt to the city oWirmoce ID expand g tiling in Lodi from 6 to 8 tables, and increa g the number of players fern 7 to W at each to*. The amendment would also. allow the gates Testas Hold 'em, and a#iow the card room to jay open two hours later on Saturday and Sunday till 4 a.m. Jack Morgan t% owner of Axtion Ja*son's, a local card room on Sacramento Street, approached the City Council about changingthe existing ordinance. AA that tirrae, Mr. Morg*r did not have another location to move to, so the action, was to just cWand the City Ordinance to allow the expansion at that time. On June 7, 2006, the City ODuneil did in fact vote4o repeal and reenact chapter 5.12 `cardrooms,' in its entirety, "of ordinance no. 1779 entitled an ordinance of the City Council of the City of Lodi Amending Lodi Nfunicipal Codes Title 5 " '1'1lrree Council Members were in favor, Hansen, Johnson, and Mounce, while Councilman ckman voted no, andTMayor Hitchcock was absent, so it passed 3-1. Cin February 14, 2007, $re matter was taken up again by the Lodi Planning Commission to vote 00 a "Conditional Use Permit" for a particular location at 1800 3. Cherokee Lace, formerly 10own as Jazzy J's. Alter a two hour discussion, the Planning Commission voted 3-2 with two absent to approve the Conditional Use Permit, and clear the road for the card room which will be Down as Wine Country Casino and Restaurant. Christian Community (concerns which is a (SOI )c3 non-profit organ nation leas been in existence Lodi since 1985. WI are basically involved with moral issues that have the potetrtial of bOving great adverse a is on the citizens of Lodi and the surrounding eomrnunity. lam the Found/Director of the organization. OCC is opposed to both the expansion of gambling in Lodi, and the proposed location that has hien ebosen to house tke card ropm for the following reasons. • The ar* between Cherokee, Harney, Stockton, and Kettleman Jane is moody residerkial with a few businesses on Cherokee Lane. A card room is not a good mix fora high residential area such as this. P.O. $ox 361 • Lodi, California • 95241 • PbowWFsx (209) 368-0990 • Cherol ee Lane is a major gateway for people coming from 99 sow. This is the first b4siness they will see when coming into Lodi. It is also a major corridor for residents who will be using it going to and from their homes. THESE ARE OUR PRIMARY CONCERNS REGARDING THE LOCATION CHOSEN AS GROUND ZERO FOR THE EXPANSION OF GAMBLING IN LODI. In addition to the reas#ns we feel this is the wrong location for a card room in Lode, we also feel a broader discussion about the expansion of gambling in Lodi should take place. We believe that the City Council has only heard one aide of the issue. I apologize for not being more vocal at the time the expansion ordinance was passed. We would lice the opportunity to bring a community awareness to this ordinance and the effects of expanding gambling in Lodi. Up to this point, gambling has been very inconspicuous in Lodi. Those who want to gamble have had to go looking for a card room. If this expansion at the proposed location does in fact take place, it will be very conspicuous, and potentially could create many more habitual gamblers and create more societal problems for Lodi. The attorney for the Casino said that, "The City of Lodi will be partners with us in this venture, because the City will receive nine percent of the monthly revenue." Why would the City want to be in partners with this type of business? That truly is a moral issue. u - Tease immediately confirm receipt of this fax by calling 333-6742 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT FOR WINE COUNTRY CASINO AND RESTAURANT LOCATED AT 1500 SOUTH CHEROKEE LANE PUBLISH DATE: SATURDAY, APRIL 7, 2007 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: DATED: THURSDAY, APRIL 5, 2007 ORDERED BY, RANDI JOHL CITY CLERK 4EfffilFER M1 PERRIN, CMC DEPUTY CITY CLERK at LNS. fomiAadvins.doc RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1 91 0 DANA CHAPMAN ADMINISTRATIVE CLERK —JLT I.Ci � Ifs PUBLIC HEARING TO CONSIDER APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT FOR WINE COUNTRY CASINO AND RESTAUMIANT LOCATED AT 1800 SOUTH CHEROKEE LANE On Friday, April 6, 2007, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider appeal of the Planning Commission's approval of a Conditional Use Permit for Wine Country Casino and Restaurant located at 1800 South Cherokee Lane (attached and marked as Exhibit A) was posted at the following 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 April 6, 2007, at Lodi, California. JifNIkIFER ER IN, CMC D-MTY CITY CLERK N:\Administration\CI.ERK\For=\DECPOSTCD.DOC ORDERED BY: RAMOI JOHL CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK PUBLIC HEARING TO CONSIDER APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDMONAL USE PERMIT FOR MANE COUNTRY CASINO AND RESTAURANT LOCATED AT 1800 SOUTH CHEROKEE LANE On April 5, 2007, 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 appeal of the Planning Commission's approval of a Conditional Use Permit for Wine Country Casino and Restaurant located at 1800 South Cherokee Lane, 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 penally of perjury that the foregoing is true and correct. Executed on April 5, 2007, at Lodi, California. FER PERRIN, CMC DEPUTY CITY CLERK Famsldcmail.doc ORDERED BY: RANDI JOHL CITY CLERK, CITY OF LODI DANA R. CHAPMAN ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 313 West Pine Street, Lodi LDate�-:_ ICE OF PUBLIC HEARING April 18,20 07 7:00 p.m. For information regarding this notice please contact: Randa Johl City Clerk Telephone: (289) 333-6702 NOTICE IS HERII$Y GIVEN that on Wedneaday, April 18, 2007, 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 wring at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the folloating matter: a) Appeal of 11he Planning Commission's approval of a Conditional Use Permit for Wine Country Casino and Restaurant located at 1800 South Cherokee Lane (Wine Country Casino and Restaurant, applicant; Kenneth R. Owen, appellant) 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 W. 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: 2Johl City Cleric Dated: April 4, 2007 Approved as to form: D. Sfiephen Schwr�bauer City Attorney CMRKVM"EARW0TIC.E$V0k�dd2.dw 4/fAW 07-U-01 Wine Country Casino & Restaurant EXHIBIT B1 APN 0NNE R ADDRESS CITY STATE ZIP 06206034 VINTAGE 3158 AUTO 8TOCKTON CA 95212 INVESTMXNTS CENTER CIR PTP SUITE E 06206035 MENDO*`CA, 1 N CHEROKEE LODI CA 95240 MANUEL & R LA ETAL 06206047 YANG, CHUNG 13837 SARATOGA CA 95070 YAO & HSI SARATOGA AVE HUNG YU 06206048 MARTIN, VERA 659 COLLEGE SAN JOSE CA 95128 E TR DR 06206051 CROCE, LEON PO BOX 555 LODI CA 95241. A Tit 06206054 B & P PO BOX 1131 ALHAMBRA CA 91801 INVESTM$NTS PTP 06208012 FANDRICH, 16667 N LODI CA 95240 BERNARD G & TECKLENBURG JOANNE K RD 06266067 CHEROKEE 310 JAMES PISMO BEACH CA 93449 NORTH LLC WAY SUITE 150 06102005 BECKMAN, PO BOX 1537 LODI CA 95241 MARCIA A TR ETAL 06102006 BECKF", PO BOX 1537 LODI CA 95241 MARCIA A TR ETAL 06102007 ANAGROS, PO BOX 1779 WOODBRIDGE CA 95258 JOHN $TAL Ven 1 D,�AOl� t-1 • KIcv-e Rd. y LIZ Ai CA 1�1,5;o b 1')a6Ce� w7uj c'1So Pow \0'A C� S 04 tk,- x on aA- C=- m C_ 0'r, C•-��