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Home My WebLink AboutAgenda Report - September 3, 1997 (51)a ' 0 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to consider approving the request of Joseph K. Handel to amend Planned Development No. 17 to include on -sale alcohol as a permitted use in addition to the C -S zone at the existing development, located at 116 West Turner Road. MEETING DATE: September 3, 1997 PREPARED BY: Community Development Director RECOMMENDED ACTION: Staff is recommending that the City Council approve the request of Joseph K. Handel to amend Planned Development No. 17 to include on - sale alcohol as a permitted use with a Use Permit, in addition to the C -S zone at the existing development located at 116 West Turner Road. Such an amendment would permit a bar as a legal use at this location subject to obtaining a Use Permit from the Planning Commission. BACKGROUND INFORMATION: To summarize, the applicant wants to continue operating a pre-existing neighborhood bar at 116 West Turner Road ir, t~2 Rivergate Plaza Shopping Center. P;t the same time, the applicant is proposing to add approximately 1,100 square -feet of space to accommodate pool tables, darts, and games, as well as a kitchen, enabling them to serve an occasional buffet meal to customers. Further details of the proposal can be found in the attached staff report to the Commission and are not being duplicated here. The Planning Commission, at its meeting of July 28, 1997, was asked to approve an amendment to PD 17 allowing on -sale alcohol as a permitted use. The motion which was ultimately passed on a 5 to 2 vote, was to recommend to the City Council that the amendment be approved with the caveat that such uses be subject to a Use Permit. This means that if the amendment is approved by the City Council, the applicant will be required to, again, return before the Commission for a Use Permit. Both staff and the Commission are in agreement on this condition; therefore, staff is recommending approval of the amendment. FUNDING: No funding required. it Konradt Bartlam Community Development Director Eric Veerkamp, Associate Planner KB/EV/lw Attachments APPROVED: Dixon Flynn -- City M nager PD t 7ccom D&; 27/97 MLNUTES LODI CITY PLANND G COMMISSION' CARNEGIE FORUM 303 WEST PDrE STREET LODI, CALIFORNIA MONDAY July 28, 1997 7:30 P.Ni. The Planning Commission met and was called to order by Chairman Rasmussen. -Commissioners Present: John Borelli, Jonathan McGladdery, Harry Marzolf, ROLL CALL John Schmidt, Dorean Rice, Rojer Stafford, and Chairman Rasmussen. Commissioners Absent: None Others Present: Konradt Bartlam, Community Development Director, John Luebberke, Deputy City Attorney, Eric W. Veerkamp, Associate Planner, and Lisa Wagner, Secretary. The minutes of June 23, 1997, were approved as mailed with Commissioner Schmidt M tNUTES abstaining from the vote. June 23, 1997 Public Hearing Request of Joseph K. Handel to amend Planned Development No. 17 (PD 17) to inclucic vii -sale alcohol as a permitted use in addition to the C -S zone at the existing development located at 116 West Turner Road. Associate Planner Veerkamp, presented the matter to the Planning Commission. The request for a chane in the zoning desiznation would allow an existing neighborhood bar to legally operate within PD 17 and add approximately 800 square -feet to the already existing 1,200 square -foot space. Other businesses that currently occupy the business center include; a pizza restaurant; photography studio; florist; and a mini -market and gas station. The existing bar once known at the "Buckstop" opened in 1980 and had continually been in business until recently. However, on -sale alcohol is not currently a permitted use within PD 17, which means that the bar had been operating illegally for at least 16 years. In the past, the Buckstop has operated trouble-free and is meeting a neighborhood need. Staff was recommending approval. Hearing, opened to the Public Joseph Handel, 1826 W. Kettleman Lane, Lodi. Mr. Handel mentioned that the new owners of the bar were adding an additional 800 square -feet so that they could add pool tables and games to their establishment. The bar has been closed for about six weeks due to financial problems experienced by the previous owners. He stated that the new owners were versed in the gaming and bar/restaurant aspects of running a business. MIN7_2s Hearing closed to the Public Commissioner Marzolf questioned what the consequences might be to the City should the request be approved. Deputy City Attorney Luebberke replied that the past situation would have to be researched to see how it was originally established. He mentioned that since the bar had been in operation for years without incident, it may be a difficult case to pursue. However, once the bar is closed and reopened under new mx-nership, it would give the City the opportunity to re-evaluate the legality of the bar. The Planning Commission, on motion of Commissioner Marzolf, Schmidt second, to recommend to the City Council that the request be denied. The motion failed. The Planning Commission, on motion of Commissioner Borelli, Stafford second, to recommend to the City Council that the request be approved. The motion failed. The Planning Commission, on motion of Chairman Rasmussen, McGladdery second, to recommend to City Council that a revocable Use Permit be issued to this particular zone to include on -sale alcohol as a permitted use. Joe Handel came forward and stated that the bar currently exists even though its use was never legally allowed. He pointed out that no one had shown up to oppose the matter and questioned staff about the 6 -month window period for Use Permits. The current owner of the bar addressed the Planning Commission. She stated that they had already done extensive remodeling to the existing building. She mentioned that the place was "classy" and they were hoping to cater to the surrounding area. She felt that there would not be any future problems with the bar. The Planning Commission, on motion of Chairman Rasmussen, McGladdery second, to recommend to City Council that a revocable Use Permit be issued to this particular zone to include on -sale alcohol as a permitted use. AYES: Commissioners: Borelli, McGladdery, Rice, Stafford, and Vote on request to Rassmussen amend PD No. 17 NOES: Commissioners: Nlarzolf and Schmidt to include on -sale ABSENT: Commissioners: alcohol A.BSTAL•V: Commissioners: ANNOUNCEMENTS Community Development Director Bartlam informed the Commission that two items approved by the Planning Commission were being appealed to the City Council. The items being appealed were the "Ritmos" Dance Club and the apartment project on Kettleman Lane. ACTION OF CITY COUCIL As there was no further business to be brought before the Planning Commission, Chairman Rasmussen adjourned the session at 8:00 p.m_ Respectfully submitted, Lisa Wagner Department Secretary ;� MEMORANDUM, City of Lodi, Community Development r Department To: Planning Commission From: Community Development Department Date: July 28, 1997 Subject: Request of Joseph K. Handel to amend Planned Development No. 17 to include on -sale alcohol as a permitted use in addition to the C -S zone at the existing development located at 116 West Turner Road. SUMMARY The proposal is to amend Planned Development No. 17 to change the permitted uses to include on -sale alcohol (i.e. a bar). The applicant is desirous of expanding the operations of a neighborhood bar at 116 West Turner Road in the Rivergate Plaza Shopping Center. The change in zoning designation will allow this use to legally operate and add approximately 1,100 square feet to the existing 800 square -foot space. A separating wall will be removed to join the two spaces. New to the business will be pool tables, darts, games, as well as a kitchen which will facilitate serving an occasional buffet meal to customers. BACKGROUND Planned Development No. 17, known as Sanguinetti Park was approved by the City Council in the summer of 1978. Properties along the Turner Road frontage between Church Street and Sacramento Street are designated to conform to the Commercial Shopping (CS) zone. Some of the uses within the center are a pizza restaurant, a photography studio, a florist, a mini market and gas station, as well as what used to be known as the Buckstop Bar. Unlike other zoning designations, any use which the City Council deems appropriate may be permitted within a planned development: According to the applicant, the Buckstop first opened in the summer of 1980 and has been open continually since that time until iust recently_ However; on -sale, alcohol is not currently a permitted use within PD 17, which means that the bar has been operating illegally according to the zoning code. Stat is unaware how this use was initiated some 15 years ago. ANALYSIS After consulting with the Lodi Police Department, staff has discovered that the Buckstop has been operated in the past with very few problems. In light of the fact that the bar has been in operation from anywhere between 12 and 16 years relatively trouble free, and that it is apparently meeting a neighborhood need, staff feels it is an appropriate use both in its previous incarnation and with the new addition. Z -G 7_0 I RECOMMENDATION Staff recommends that the Planning Commission send a recommendation to the City Council to approve the request of Joseph K. Handel to amend Planned Development No. 17 to include on -sale alcohol as a permitted use in addition to the C -S zone at 116 West Turner Road, including the proposed additional square footage, subject to the attached Resolution. Respectfully Subm/itte Reviewed & Concur, 1 i 0 Er eer amp J Konradt Bartlam annex KB/EV/lw Attachments Z-97-01 Community Development Director CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: July 28, 1997 APPLICATION NO: Z-97-01; Notice of Exemption REQUEST: To amend Planned Development No. 17 to include on - sale alcohol as a permitted use in the C -S zone at the existing development. LOCATION: 116 West Turner Road APv -#041-340-12 APPLICANT: Joseph K. Handel 1826 West Kettleman Lane -.-"D Lodi, CA. 952-1.2 PROPERTY OWNER: Joseph K. Handel Site Characteristics: General Plan Designation: NCC; Neighborhood Community Commercial Zoning Designation: PD 17, with a Commercial Shopping designation (CS) Property Size: 4,800 square feet Adjacent Zoning and Land Use: North: Across West Turner Road are properties zoned PD 5, with a Medium Density Residential designation. The properties are built out with single family homes. v South: PD 17, with an Apartment'Convalescent Hospital designation; the property contains the Arbor Convalescent Hospital. East: PD 17, with a CS, Commercial Shopping designation; the property contains retail and office uses. West: PD 17, with a Commercial Shopping designation; the property contains a gas station �%-hich has been convened into a bait and tackle shop. Z-97-0 I R Neighborhood Characteristics: The project site is located within the Rivergate Plaza Shopping Center, a neighborhood center. The bar, together with the other retail and service businesses in the center, has been providing and should continue to provide convenient shopping, etc. to the surrounding single-family and multi -family d-wellings. ENVIRONMENTAL ASSESSMENTS: A Notice of Exemption was prepared for this project. No further environmental consideration is required. PUBLIC HEARING NOTICE: Legal Notice for the amendment to the permined uses in Planned Development No. 17 was published on July 18, 1997. A total of27 notices were sent to all property owners of record within a 300 -foot radius of the subject property. RECOMNIEtiDATION: Staff recommends that the Planning Commission send a recommendation to the City Council to approve the request of Joseph K. Handel to redesignate PD 17 to allow a bar in addition to the C -S zoning at 115 West Turner Road subject to the attached Resolution. ALTERINATIVE PL--�-XNItiG COMMISSION ACTIONS: • Approve the rezoning with alternate conditions • Denv the rezoning • Continue the Request ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Draft Resolution Z-97-0 1 R VICINITY MAP 11077 V=, i 7 r72� Joseph K. Handel Amend PD -17 to Include On Sale 'Vicohol 115 West Turner Road Z-97-01 7125/97 r T -i 9251 -1 (Y); 7-7 3 3!3 zo 72i T2 I 720 7 7; 1722 723 1/272-7 2 7�7 l 1j 7!3 %iy—i773 _ i_ !7 71 7--Z 7� 2 7, Joseph K. Handel Amend PD -17 to Include On Sale 'Vicohol 115 West Turner Road Z-97-01 7125/97 TURNER ROAD SHORT STOP MARKET IUT ► 1 TF1,J Joseph K. Handel Amend PD -17 to Include On Sale Acohol 116 West Turner Road z -Q i -c 'i 712-3/c;7 RESOLUTION NO. P.C. 97-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT NO. 17 TO INCLUDE ON -SALE ALCOHOL AS A PERMITTED USE SUBJECT TO A USE PERMIT. WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by lav, on the requested amendments to Planned Development No. 17 to allow on -sale alcohol as a permitted use subject to a Use Permit at 116 West Turner Road, Lodi, CA. WHEREAS, the project proponent is Joseph K. Handel; 1826 West Kettleman Lane #D, Lodi, CA 95242. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi as follows. A Norice of Exemption has beet: prep :red in c—pl.ance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. Further, the Commission has reviewed and considered the information contained in said Notice of Exemption with respect to the project identified in this Resolution. The Planning Commission finds that approval of the zoning amendments will result in good planning practice. Dated: July 28,1997 I hereby certify that Resolution No. 97-12 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on July 28, 1997, by the following vote: AYES: Commissioners: Borelli, McGladdery, Rice, Stafford. and Rasmussen NOES: Commissioners: Marzolf and Schmidt ABSENT: ABSTAIN: ATTEST: Secretary, Planning Commission RES9712.DOC CITY OF LODI NOTICE OF PLIOLIC #TEARING Carnegie Forum Date: September 3, 1997 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wectnesday, September 3, 1997 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 to consoler the following ma-tter: a) request of Joseph K. Handel to amend Planned Development No. 17 to include on -sale alcohol as a permitted use in addition to the C -S zone at the existing development located at 116 West Turner Road. Information regarding this item may be obtained in the office of the Fire Marshal, 217 West Elm 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 hercciin, arid uiei aia[ernrni5 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: Alice M. Reirrmche City Clerk Dated: August 20, 1997 Approved as to form: Ran all A. Hays City Attorney J1C17YCLR1O,F0RMs1ti07C3D.0CC efia3T CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 SUBJECT: PUBLIC HEARING SET FOR WEDNESDAY, SEPTEMBER 3, 1997 TO CONSIDER REQUEST OF JOSEPH K. HANDEL TO AMEND PLANNED DEVELOPMENT NO. 17 TO INCLUDE ON -SALE ALCOHOL AS A PERMITTED USE IN ADDITION TO THE C -S ZONE AT THE EXISTING DEVELOPMENT LOCATED AT 116 WEST TURNER ROAD PUBLISH DATES: SATURDAY, AUGUST 23,1997 TEAR SHEETS WANTED: ONE AFFIDAVIT AND BILL TO: DATED: AUGUST 21, 1997 advins/forms ALICE M. REIMCHE CITY CLERK ORDERED BY: JENNIFER M. PERRIN DEPUTY CITY CLERK SUSAN SEWARD-LAKE ADMINISTRATIVE CLERK ILIF2 '�a On August 21, 1997, 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 copy of the Notice attached hereto, 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 August 21, 1997, at Lodi, California. ORDERED BY: ALICE M. REIMCHE CITY CLERK Jennifer M. Perrin Deputy City Clerk Susan Seward -Lake Administrative Clerk decmail/forms FirstName LastName Addressl City State PostalCode I. SUNIL & YADAV 1050S. LODI CA 95240 SHOBHANA CHEROKE E LN 2. ALBERT CLARK 530 CROSS LODI CA 95240 ST 3. C.F. & SIMMONS 2429 E. ACA CA 95220 SHERYL COLLIER MPO RD 4. LODI FACILITY P.O. BOX LODI CA 95240 SKILLED 1598 NURSING 5. H. MAX & LEE 1225 LODI CA 95240 JOAN ARMSTRO NG RD 6. KENNETH DYER 13671 E. LODI CA 95240 PINTO LN 7. JOSEPH HANDEL 1826 W. LODI CA 95242 KETTLEM AN LN 8. DONALD SALISBUR 172 LODI CA 95240 Y RIVERGA TE PL 9. ROBERT MESTRESS 176 LODI CA 95240 ANT RIVERGA TE PL 10. LARRY ANDERSON 1500 LODI CA 95240 EDGEWO OD DR 11. SALLY RYAN 760 LOS CA 92672 WOODSTO ALT CK LN OS 12. RUSSELL MUNSON 1530 LODI CA 95240 EDGEWO OD DR 13. MICHAEL & HAAS 116 KONI LODI CA 95240 REBECCA CT 14. CAROLYN WILSON 109 W. LODI CA 95240 RIVERGA TE PL 15. OSCAR 8t JOHNSON 105 LODI CA 95240 MARIE RIVERGA TE PL 16. ROBERT HUDDLEST 171 LODI CA 95240 ON RIVERGA TE PL 17. MICHAEL DALTON 167 LODI CA. 95240 RIVERGA TE PL 18. SIMONA ZAMORA 163 LODI CA 95240 RIVERGA TE PL Firs#Name LastName Addressl City State PostalCode 19. DANIEL & METTLER 159 LODI CA 95240 MIRIAM RIVERGA TE PL 20. JULIE ANN SHULER 155 LODI CA 95240 RIVERGA TE PL 21. EWALD & BRODEHL 151 LODI CA 95240 DOROTHY RIVERGA TE PL 22. WILLIAM & SLOAN 150 LODI CA 95240 MARY RIVERGA TE PL 23. GENE & FORREST 146 LODI CA 95240 BARBARA RIVERGA TE PL 24. JAMES BYRD 142 LODI CA 95240 RIVERGA TE PL 25. JIMMY & HICKS 200 RIVER LODI CA 95240 JEANINE OAKS DR 26. JIM OIL 44 RIVER LODI CA 95240 THORPE POINTE WY 27. WENDELL SCHULTZ 1556 LODI CA 95242 VISTA DR