HomeMy WebLinkAboutAgenda Report - September 3, 1997 PH (4)a
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CITY OF LODI COUNCIL COMMUNICATION
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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 it the
Rivergate Plaza Shopping'Center. "At 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
6 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
Konrad' Bartlam
Community Development Director
crc Veerkamp, Associate Planner
Attachments
APPROVED:
X4. Dixon fIynn City M nager
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NIL UTES
LODI CITY PLANNLI;G COMMISSION
CARNEGIE FORUM
305 WEST PL�E STREET
LOD1, CALIFORNIA
MONDAY July 28, 1997
The Planning Commission met and was called to order by Chairman Rasmussen.
Commissioners Present: John Borelli, Jonathan McGladdery, Harry NvIarzolf,
John Schmidt, Dorean Rice. Roger Stafford, and
Chairman Rasmussen.
Commissioners Absent: None
Others Present: Konradt Banlam, 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
abstaining from the vote.
Public Hearing
Request of Joseph K. Handel to amend Plann`,a Development No. 17 (PD 17) to
inciudt ou-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 change in the zoning
designation would allow an existing neighborhood bar to legally operate within PD 17
and add approximately S00 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 i'ublic
Joseph Handel, 1826 W. Kettleman Lane, Lodi. Mr. Handel mentioned that the new
owners oi the bar were adding an additional 800 squar-e-feet so that they could add pool
tables and tames 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
o".vners were versed in the gaming and bar restaurant aspects of running a business.
,.:!N- ,
7:30 P.I.
ROLL CALL
iNILNIUTES
June 23, 1997
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 ryas 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
ownership, it would give the City the opportunity to re-evaluate the legality of the bar.
The Planning Commission, on motion of Commissioner -•larzolf, 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 panicular
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
%vas 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 Peruit be issued to this panicular
zone to include on -sale alcohol as a permitted use.
AY -ES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAEN: Commissioners:
ANNOUNCEMENTS
Borelli, McGladdery, Rice, Stafford, and.
Rassmussen
:vlarzolf and Schmidt
Vote on request to
amend PD No. 17
to include on -sale
alcohol
Community Development Director Banlam informed the Commission that two items approved by
me 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 5:00.p.m.
Resrectiully subrnitted.
'agner ;
Lis• Vv
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Secretary`
. ,:;;-;. MEMORANDUM, City o1 Lodi, Community Development
WV, 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 or 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 Strut 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 Sar. Unlike other zoning designations, any use which the City
Council deems appropriate may be permitted within a planned development.
According i0 file applicant, the Buckstop first ooened in the summer Of 1980 and has
been open continually since that time until lust recently. However; on -sal:; alcohol is not
currently a permitted use within PD 17, which means that the bar has bIIen operating
Illegally accOrding to the zoning code. Star is unaware how this use was initiated some
15 years ago.
ANALYSIS
Alter consulting with the Lodi Police Dept men , star has discovered that the uuckstop
has been operated in the past wrh very ieLv problems. In light of the fact that the bar has
been in operation from anywhere between 12 and 13 years relatively trouble iree, and
that It IS apparently m'ee-ting a neiohbomood need, staff' feels itis an appropriate use both
in its previous incarnation and with the nevi addition,.
-01
RECOMMENDATION
Star recommends that the Planning Comm, ission send a recommendation to the City
Council to approve the request o` Joseph K. Handel to amend Planned Development No.
17 to include on -sale alcohol as a permi«ed use in addition to the C -S zone at 116 West
Turner Road, including the proposed additional square ;Dotage, subject to the attached
Resolution.
Respectfully
Er'�tee,� ar
Associatr'r f
KB/EV/iw
Attachments
Z-97-0
Reviewed & Concur,
X11
Konradt Barlam
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 Plaruied Development No. 17 to include on -
sale alcohol as a permitted we in the C -S zone at the
existing development.
LOCATION:
116 West Turner Road
APNt 470-41-3-10-12
:i,PPLICANT: Joseph K. Handel
1826 Nest Kettleman Lanz = D
Lodi, CA. 952=:2
PROPERTY ONiV�IER: Joseph K. Handel
Site Characteristics:
General Plan Designation: 1'CC; Neighborhood Comm ur'ry Commercial
Zonin? Designation: PD 17, xi-rdi a Commercial Shopping designation (CS)
Property Size: 4,800 square feet
Adjacent Zoning and Land Use:
tiorth: Across Fest Turner Road are properties zoned PD 5, with a yledium
Densitv Residential designation. Theproper pies are built out with
sinszle family homes.
South: PD 17, with an ApartmenaConvalescent Hospital designation; the
properly contains the -krbor Convalescent Hospital.
East: PD 17, with a CS, Cornm,rcial Shotming designation; the prooertY
contains recall and office uses.
West-. PD 17, with a Commercial Shopping designation; the property
contains a gas station which has been conve-ed into a bait and tackle
shop.
Z-97-0 t R
Neizhborhood Characteristics:
The project site is located within the Rivergate Plaza Shoppin; Cenzer, a neighborhood
center. The bar, to;ether with the other retail and service businesses in the center, has
been providing and should continue to provide convenient shoppina, etc. to the
surrounding single-family and multi -family d%vellings.
ENN-IRON`IENTAL ASSESSMENTS:
A Notice of Exemption was prepared for this project. No ffunher -environmental
ebnsideration is required.
PUBLIC HEARING NOTICE:
Legal Notice for the amendment to the pe -Hired uses in Planned Development No. 17
was published on July 13, 1997. A total of ?7 notices were sent to all property owners of
record .�.-ithin a 300 -foot radius of the subject property.
RECOMMENDATION:
Staff recomm-ends that the Planning Com:-nission send a recomrrnendation to the Citv
Council to approve the request of Joseph K. Handel to redesignate PD 17 to allow a ba: in
addition to the C -S zoning at 116 West Turner Road subject to tae attached Resolution.
ALTERNATIVE PLA_N`NING COiNIMISSION ACTIONS:
• approve riie rezoning with altematt conditions
• Deny the rezoning
• Continue the Re,,u-est
ATTACHMENTS:
1. Vicinity Mao
?. Site Plan
3. Draft- Resolution
Z-97 -Q t :R 2
VICINITY MAP
Joseph K. Handel
-,mend PD -17 to Include
On Sale ,-Mcohol
1 16 We;t Turner Road
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Joseph K. Handel
-,mend PD -17 to Include
On Sale ,-Mcohol
1 16 We;t Turner Road
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.;mend PD -1 i to include
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i 10 �'Ve;t Turner Road
;.a7 7/2eiY7
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 PERIMITTED 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 last•, 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 r—' -'D, Lodi, CA 95242.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT FOUND, DETERvIINED A2ND RESOLVED by the
Planning Commission of the City of Lodi as follows.
A Notice of Exemption haE beer ^repa.-ed in compliance 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.
2. The Planning Commission finds that approval ofthe zoning amendments viill
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: %larzolfand Schmidt
ABSENT: �n
ABSTAIN 1:
ATTEST: i
Secretan•, Planning Commission
RES97 f 2.DOC
CITY OF LODI NOTICE OF PLMLIC HEARING
Carnegie Forum Cate: September 3, 9997
305 `Fest Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Alice M. Reimche
City Clerk
Telephone: (209) 333-8702
NOTICE OF PUBLIC HEARING
{NOTICE IS HEREBY GIVEN that on Wednesday, 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 matter.
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 cbtained in the once of the Fire Marshal, 217
West Elm Street, Lodi, California. All interes'ed persons are invited to present their views
and comments on this matter. Written st2tements may be filed with the City Clerk at any
time prior to the hearing scheduled herein, end uici may i�e made at said
hearing.
If you challenge the subject matter in cour•., 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 CN Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council.-
Alice
ouncil:
Alice M. Reimche
City Clerk
Dated: August 20, 1997
Approved as to form:
Randall A. Hays
City Attorney
s
f
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:
ALICE M. REIMCHE
CITY CLERK
DATED: AUGUST 21, 1997
advins/forms
ORDERED BY:
JENNIFER M. PERRIN
DEPUTY CITY CLERK
SUSAN SEWARD-LAKE
ADMINISTRATIVE CLERK
J
t
JJ%Jj%
DECLARATION OF MAILING
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
ELN
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 &
JOHNSON
105
LODI
CA
95240
MARIE
RIVERGA
TE PL
16.
ROBERT
HUDDLEST
171
LODI
CA
95240
ON
RIVERGA
T£ PL
17.
MICHAEL
DALTON
167
LODI
CA
95240
RIVERGA
TE PL
18.
SIMONA
ZAMORA
163
LODI
CA
95240
RIVERGA
TE PL
t�
FirstName
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. 1
WENDELL ISCHULTZ
1556
LODICA
95242
VISTA DR