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HomeMy WebLinkAboutAgenda Report - August 20, 1997 PH (7)a `•� CITY OF NODI COUNCIL COVIVIUNICATIO a" AGENDA TITLE: Conduct a Public Hearing to consider the appeal of a Use Permit allowing a dance club with alcohol on the second floor of the Richmaid Building at 112 South Cherokee Lane. MEETING DATE: August 20, 1997 PREPARED BY: Community Development Director RECOMMENDED ACTION: Staff is recommending that the City Council deny the appeal of the Planning Commission's approval of Use Permit 97-02 permitting the operation of a dance club on the second floor of the Richmaid Building at 112 South Cherokee Lane. BACKGROUND INFORMATION: The Planning Commission conducted a Public Hearing on this item on June 23, 1997. Staff's recommendations were approved on a 4 to 2 vote and are embodied by Resolution No. 97-11. Among the required conditions are; that the project abide by the City's Noise Ordinance; that physical improvements be made to the parking area as well as the building itself: and that security officers meeting Lodi Police Department criteria, be present at all times. The Commission heard complaints from residents on Cherokee Lane and on East Oak and East Walnut Streets. The complainants were unified in their opposition to the potential for noise problems generated by the live music and also by patrons of the dance club. In addition, the residents stated that general problems in the neighborhood might increase as a result of the club (i.e., crime and litter). A formal appeal signed by five (5) neighbors in the immediate vicinity of the proposed club was received on June 27. ANALYSIS: Staff's recommendation for denial of the appeal is based on two main points. The first of these is that staff feels Cherokee Lane is a good location for this type of use. Virtually the entire length of Cherokee Lane is zoned C-2, General Commercial with few residences. Staff feels that few, if any, existing locations in this part of Lodi would be more appropriate for such a use. Adherence to the required conditions will mitigate any potential adverse impacts which would tend to impact those few residents who do live nearby, including inadequate parking, unneccessarily loud patrons after hours, and noise emanating from the upper story windows. In fact, adherence to the conditions will yield property improvements which may not be seen otherwise. Such improvements would include; resurfacing, restriping, and lighting of the parking lot; removal or screening of equipment being stored on the site; abatement of weeds and other debris; and building facade improvements. APPROVED: ,/11. Dixon Flvnn •- City.�Ianager ?2,. _ CNI3i97 Council Communication Meeting Date: August 20, 1997 Page 2 Secondly, and perhaps most importantly, a bar (i.e., the serving of alcohol) is allowed in the C-2 zone by right, with no discretionary approval necessary. The approval sought under this Use Permit is for a dance club offering primarily dancing and live entertainment (music). Beer and wine will be served secondarily to the dancing. In fact, the City has already approved the license for this location. It is with these considerations in mind, that staff is recommending support of the Planning Commission's approval of the Use Permit or denial of the appeal. FUNDING: No request for funding as a part of this action. Konradt Bartiam Community Development Director Prepared by Eric W. Veerkamp, Associate Planner KB/EVilw Attachments x9720.0: 3/13;97 MINUTES LODI CITY PLANNING COM',AISSION CARNEGIE FORUM 305 WEST PINE STREET LODI, CALIFORNIA MONDAY June 23, 1997 7:30 P.M. The Planning Commission met and was called to order by Chairman Rasmussen. Commissioners Present: John Borelli, Jonathan McGladdery, Ham Vfarzolf, ROLL CALL John Schmidt, Roger Stafford, and Chairman Rasmussen. Commissioners Absent: Dorean Rice Others Present: Konradt Bartlam, Community Development Director, John Luebberke, Deputy City Attorney, Eric W. Veerkamp, Associate Planner, and Lisa Wagner, Secretary. The minutes of May 12, 1997, were approved as mailed with Commissioner Schmidt MEVUTES abstaining from the vote. May 12, 1997 TENTATIVE MAP Request of Dillon & Murphy, on behalf of Overhead Door Corporation, for approval of Lot Line a lot line adjustment for parcels 049-040-65 and 049-040-63 located at 1220 E. Victor Adjustment, Road. Community Development Director Bartlam presented this matter to the 1220 E. Victor Planning Commission. He stated that the property was currently zoned 1,1I-2, Heavy Road. Industrial and is developed with a variety of industrial uses. In 1993, a parcel map was approved to resubdivide the subject property and 142 S. Cluff Avenue into six smaller properties. The smaller parcels were created to help sell the parcels. The proposed lot line adjustment would eliminate an irregular shaped portion of one parcel thereby Cr the parcel a more straightened property line. COMMENTS FROM THE PUBLIC Cecil Dillon, 1820 W. Kettleman Lane, Lodi, CA. Mr. Dillon represented the owner and was agreeable to the conditions set forth in the resolution. The Planning Commission, on motion of Commissioner Marzolf, McGladdery second. Vote on Lot Line approve the lot line adjustment. Adjustment, 1220 E. Victor Road. AYES: Commissioners: Borelli, Marzolf. McGladdery, Schmidt, Stafford, and Rasmussen NOES: Commissioners: ABSENT: Commissioners: Rice ABSTAIN: Commissioners: Minh-'=.doc PUBLIC HEARINGS Request of James B. Schroeder, on behalf of Willdon Land Company, to consider: 1. A Use Permit to allow the construction of a 36 -unit apartment complex, at a density of 16 units per acre, to be located within Planned Development >r 24 at 2160 West Kettleman Lane. 2. Certification of a Negative Declaration as adequate environmental documentation on this project. Eric W. Veerkamp, Associate Planner, presented the matter to the Planning Commission. The proposed project would match and be an extension of the existing apartments to the south. It was staff s feeling that the proposed recreation area shown on the plans would be better suited for a tot -lot or other play facility for children. Another area of concern was the fencing around the apartment complex. A tentative agreement was reached, prior to the meeting, that a wrought -iron fence would be erected similar to that at the existing Fountains complex. Also, the required Caltrans encroachment permit for the 20 -foot driveway located on Kettleman Lane has yet to be approved . Staff was recommending one additional condition to the project. The condition was that the project shall be subject to the requirements of the City of Lodi's Growth Management Ordinance prior to issuance of building permits. Staff was recommending approval of the project. Chairman Rasmussen mentioned that the Commission had received three letters of opposition to the project. He asked staff for some history on the project. Associate Planner Veerkamp stated that in 1993 there had been a proposed 60 -unit complex and the item was denied by the Commission at that time. HEARING OPENED TO THE FLOOR James B. Schroeder, 2330 Cabrillo Circle, Lodi, CA. Nir. Schroeder represented the Willdon Land Co. He explained that after the 60 -unit complex was denied in 1993, a development plan was prepared with an office condominium project placed upon the parcel. The plan was approved by SPARC and the Planning Commission and a package was submitted to every commercial realtor and medical group within the area. No responses were received for the project. In the last three years, there has not been any inquires regarding the use of the property as ofl:ce-institutional_ The realtor reported that they have received 140 calls a year asking that the property be zoned to commercial. He pointed out that during the last two years, the Planning Commission has approved two projects on Kettleman Lane, both residential projects for the elderly. He felt that the concern retarding traffic generated from the 36 -unit complex was nothing compared to the future traffic that will be generated from other proposed developments on the four corners of K.ettleman Lane and Lower Sacramento Road. He was agreeable to the conditions set forth in the resolution and was also agreeable to the condition that the project go through the Growth .-allocation process. v Mi�6-23.doc Use Permit to allow construction of 36 -unit apartment complex at 2150 W. Kettleman Lane. Commissioner Nlarzolf inquired about adequate designated parking for visitors. Associate Planner Veerkamp responded that the project has 81 parking spots which is in excess of the required amount. Commissioner McGladdery asked what is the density of the existing Fountains complex. Mr. Schroeder responded 149 units on 10 acres. Richard Wright, 2100 W. Kettleman Lane, Lodi, CA. His firm, Wright Insurance, is the oldest independent agency in Lodi. He moved his business from downtown Lodi to Kettleman Lane 10 years ago. He paid premium price for the property under the assumption that it would always be zoned Office -Professional. He felt that having apartments adjacent to his office would diminish the value of his property. He was also concerned -about increased traffic, litter, and vandalism. He stated that the General Plan was designed for a specific reason and there was not an overwhelming reason to change the plan or the zoning for this property. Claud Kitshel, 1237 Estondillo Avenue, San Leandro. CA. Mr. Kitshel owns the vacant lot west of the subject property. He was concerned about the potential for increased vandalism in the area. Roy- Denton, 2207 Chaparral Court, Lodi, CA. Mr. Denton was concerned about the economic impact the project would have on the City of Lodi in the future . He felt that Lodi already had an over abundance of apartments and would like to see some other project developed on the property. He also voiced concern over the problem of increased traffic and the "stacking" of vehicles waiting to access the complex through the gated entrance. Carol Denton, 2207 Chapparel Court, Lodi. Mrs. Denton echoed her concern regarding the "stacking" of vehicles at the gated entrance. She also voiced concern about the sight hazard that the semi-truc"I-s create when they are parked along Kettleman Lane. .An,,- person exiting the complex can not see around the trucks to make a safe entrance onto Kettleman Lane. Rich Connet, 2208 Chapparel Court. Mr. Connet stated that when he purchased his property vvvo years ago, the real estate agent told him that there would not be any apartments built on the vacant land. He was also concerned about the increased traffic that the apartment complex would generate. Winifield Archibald, 2214 Chapparel Court, Lodi. He echoed the same concerns as the other people before him. Nlanroop Shergill. 2220 Chapparel Court, Lodi, Ms. Sherrill was against the project due to the traffic problems that it would create. She stated that traffic on Sylvan Way due to the Wal klart and Target stores on Kettleman Lane. She felt that the proposed apartment complex would add to the existing traffic problems. Mr. Schroeder responded that he was not aware of any reports of vandalism generated from the Fountains complex. He mentioned that ultimately, traffic will have to access Svlvan Wav due to the fact that in the future, the State Highwav will not allow a left tum onto Kettleman Lane. He did not have a problem with the City putting a no .'in6-?3.doC 3 parking" zone in front of the project to make exiting the complex more safe. He stated that he would change the plans to make sure that vehicles entering the complex through the security gates would have ample stacking room. HEARING CLOSED TO THE FLOOR Commissioner Marzolf questioned staff on the amount of police reports received from the Fountains complex. Community Development Director Bartlam stated he had spoken with Captain Adams about police reports generated from Fountains complex. Captain Adams did not have a problem with the existing complex and he further mentioned that the Fountains complex was one of the better apartments in the City. Commissioner 'Marzolf asked staff the reason for the Planning Commission's denial in 1993 for d 60 -unit complex on the same property, Associate Planner Veerkamp responded that a member of the Commission felt that with the newly adopted General Plan, it was too soon to make any changes to the document. Community Development Director Bartlam pointed out that the request for the 36 -unit complex is not a General Plan or Rezoning issue. The issue at hand was regarding land use and the General Plan allows for 20 -units per acre, the subject project was asking for 13 -units per acre. Commissioner ivlarzolf felt that the proposed 36 -units would not have a significant impact on traffic. He further stated that Lodi was really in need of some nice apartment units. Chairman Rasmussen mentioned that there had not been any new apartment buildings built in the City in many years. The Planning Commission, on motion of Commissioner Marzolf, Rasmussen second, moved to approve certification of the Negative Declaration as adequate environmental documentation on this project. The Planning Commission, on motion of Commissioner Marzolf, Borelli second, moved to approve the Use Permit with the additional conditions that the project be subject to the Growth Management Ordinance and that the project be submitted to SPARC to address the issues of car stacking at the entrance and visitor parking. AYES: Commissioners: Borelli. klarzolf, McGladdery, Schmidt, and Rasmussen NOES: Commissioners: Stafford ABSENT: Commissioners: Rice ABSTAIN: Commissioners: Request of Lidia Favila and Otilia Favila Gutierrez, for a Use Permit to allow- a dance club with alcohol (beer and wine) on the second floor of the Richmaid Building at 112 South Cherokee Lane. Eric W. Veerkamp, Associate Planner, presented the matter to the Planning Commission. He stated that the site is compatible for the dance club use, however, staff had several items of concern. The concerns being the potential for increased criminal activity in relation to the chentle, inadequate parking, and the expectation that the building be presentable from the exterior. He stated that the Lodi Police Department felt that this business had potential for generating increased police .Mm6-23.doc Vote on Use Permit to allow construction of 36 -unit apartment complex at 2150 W. Kettleman Use Permit to allow a dance club at 112 S. Cherokee Lane calls and they felt that the placement of security on site might alleviate police calls. The Police Department also had concern regarding noise generated by the dance club. Staff mentioned that the applicant would have to adhere to the City's Noise Ordinance. Staff indicated that there were some problems with the physical appearance of the building. Mr. Veerkamp then read a letter that was signed by eight people who were in opposition to the dance club. Staff was recommending approval of the project. Commissioner Marzolf questioned the days of operation and where the existing police calls were coming from. Mr. Veerkamp stated that the days of operation would be Friday, Saturday, and Sunday and the past police calls were coming from the 211 Club and the AM/PM Mini Market. Commissioner Schmidt questioned how the City would handle noise complaints. Community Development Director Bartlam. stated that once a complaint was received, the Community Improvement Division will visit the site unannounced during business hours and measure the noise level. He further stated tltat traffic exiting the parking lot could be a noise problem as well as people congregating in the parking lot. Chairman Rasmussen questioned the item in the resolution regarding a one-year review of the dance club. Community Development Director Bar -dam indicated that this would be a probationary period for the business and a file Aill be created to house all complaints that come in regarding the business. The Planning Commission will have the power to revoke the Use Permit should the business prove to be a nuisance. HEARING OPENED TO THE FLOOR Otilia Gutierrez, applicant, stated that there is not a decent dance club where you can go and have fun and take your spouse. The proposed dance club would be a secure. quality place where one could 'bring their spouse. There will be four security guards on site during the operating hours. He was agreeable to the conditions set forth in the resolution. Lou Kastan, 109 S. Cherokee Lane, Lodi. He was opposed to the dance club. He has lived on Cherokee Lane for 20 years. In the past, the police had been called out many times for the other businesses that operated at the subject location. He was concerned about the possible noise level when the windows of the building would be left open. He felt he would not be unable to enjoy his property if the dance club were to be allowed_ Evelyn Kastan, 109 S Cherokee Lane, Lodi. Ms. Kastan complained about the foul language used by patrons of past businesses at the location. Sheryli Salsedo, 542 Walnut, Lodi. FIs. Saisedo was concerned about existing problems at the 211 Club and felt that an additional club would only create more problems in the neighborhood. Janice Baxter, 543 E. Oak Street. Lodi. iNls. Baxter has lived on Oak Street for one year and was tired of the noise and nuisance created from the existing bars. She felt that the dance club would create new problems. %(in6-23.doc 5 Jesus Guiterrez, family member of the proposed business. Mr. Guiterrez stated the the business consists of mainly family members. He mentioned that there would not be much time for consuming alcohol because the customers would be dancing most of the time.. He spoke about the possibility of covering the windows with insulation to alleviate the potential noise problem. HEARING CLOSED TO THE FLOOR Chairman Rasmussen stated that he thought the dance club was a good idea, but questioned whether there is a better location. He was sympathetic to the surrounding neighbors. Commissioner Marzolf also felt the dance club was a good idea. He was agreeable to the idea of insulating the windows and mentioned the idea of having live bands on Friday and Saturday nights only. Commissioner Schmidt stated that every homeowner had a right to sleep on Friday and Saturday nights. He felt there could be a better location for business. The Planning Commission, on motion of Commissioner Marzolf, Borelli second, approved the Use permit with the added conditions that there only be live music on Friday and Saturday nights and that the Use Permit be reviewed after a 6 -month period. The motion was amended to include that the security Guards remain on the grounds one hour after closing op. Friday and Saturday nights. AYES: Commissioners: Borelli, Marzolf. McGladdery, and Rasmussen NOES: Commissioners: Schmidt and Stafford ABSEI T: Commissioners: Rice ABSTAIN: Commissioners: ANN. "OUNCEMENTS Vote on Use Permit to allow a dance club at 112 S. Cherokee Lane Community Development Director Bartlam congratulated John Schmidt on his reappointment and thanked Harry for his 16 years on the Planning Commission. As there was no further business to be brought before the Planning Commission. Chairman Rasmussen adjourned the session at 9:20 p.m. Respectfully submitted, (J�� WaTr--� Lisa Wagner S.-cretary 'f^7-_3-doc MEMORANDUM, City of Lodi, Community Development =� Department To: Planning Commission From: Community Development Department Date: June 23, 1997 Subject: The request of Lidia Favila and Otilia Favila Gutierrez for a Use Permit to allow a dance club with alcohol on the second floor of the Richmaid Building at 112 South Cherokee Lane. SUMMARY The proposal is to convert the second floor of the Richmaid Building into a dance club to be called Ritmos. Clientele will be dancing to Latin music such as, salsa, merengue, and jazz performed by musicians as well as music played by a disc jockey. The project proponent is planning to cater to an over 21 crowd and will be serving beer. There are no plans for food service. BACKGROUND The Richmaid Restaurant and Ice Creamery was built in 1945 and continued in that capacity until the late 1970's or early 80's. In 1983, a Use Permit was approved to convert a portion of the banquet room facilities on the upper floor into a card room. There are no records of any conditions which may have been placed on such use. In 1991, another Use Permit was approved by the Planning Commission to convert the second floor level into "The Opponent," a billiard hall and video game arcade serving food and beer. According to our files, the only restrictions/conditions placed on "The Opponent" were that it conform to the potions of the Municipal Code pertaining to poolrooms. Since approximately 1994, thea has been no activity in this commercial space. "The Opponent" went out of business and nothing opened in its place. A restaurant continued its operations on the ground floor until about two (2) years ago. Since that time, all portions of the building have been vacant except the San Francisco Ice Cream Company. The office portion of this business is lccated at 110 South Cherokee. The manufacturing/warehouse portion of the San Francisco Ice Cream Co. is toward the rear or east property line and is accessed by trucks through the south parking lot. Co ;'.Lisa w\T,Ia.^.s`erl.U-a-7-02.c.,:: RECOMMENDATION Staff recommends approving the request of Lidia Favila and Otilia Favila Gutierrez for a Use Permit to allow a dance club with alcohol on the second floor of the Richmaid Building at 112 South Cherokee Lane, subject to the conditions on the attached Resolution. Res ectfully Submitte J Re ewe & Concur, amp Konradt Bartlam Associate Planner Community Development Director KB/EV/lw Attachments CO :'.Lisa wMarsfer,U-97-02.dcc CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: APPLICATION NO: June 23, 1997 Use Permit li-97-02 REQUEST: Approval by the Planning Commission of a Use Permit to allow the use of the second floor of the Richmaid Building as a dance hall. LOCATION: 112 South Cherokee Lane APPLICANT: Lidia Fa�•ila Gutierrez and Otilia Favila Gutierrez 336 South Central Avenue Lodi, CA 952=:0 PROPERTY OWNER: Henry Hansen 652 East Pine Street Lodi, CA 95240 Site Characteristics: General Plan Designation Zoning Designation: Property Size: GC; General Commercial C2; General Commercial .70 acres Adjacent Zoning and Land Use: North: C-2, General CommerciaU On the north side of the Richmaid building is additional parking. Continuing to the north across East Oak Street, is the Geweke Ford used car lot. South: C-2, General Commercial/Across the parking lot on the other side of a four -foot -high chain lin!; Fence is the Lodi Auto Parts store. East: NM. L1Qh1 i Industrial./T'o the east of the Richmaid Building is Dry Creek Rock, a concrete and landscaping materials business. West: C-2, General Commercia!,'across Cherokee Lane is Howard's Barber Shoo. CD 0 DEPTPLANNING STAFFRPT.1�9; Neighborhood Characteristics: The Richmaid Building is somewhat of a landmark in Lodi. It use to be a favorite lunch and ice cream stop for travelers passing through town on Cherokee Lane (Old Highway 99). Taken together with the surrounding commercial business, this site helps to make up the Cherokee Lane commercial corridor. This mature commercial strip should continue to anchor Lodi's east side. ENVIRONMENTAL ASSESSMENTS: This project is Categorically Exempt from CEQA review as activity is limited to existing facilities only. PUBLIC HEARING NOTICE: Legal Notice for the Use Permit was published on June 13, 1997. A total of 20 notices were sent to all property owners of record within a 300 -foot radius of the subject property. RECOMMEN'DATIOiv: Staff recommends that the Planning Commission approve the request of Lidia Favila and Otilia Favila Gutierrez for a Use Permit to allow a dance club with alcohol on the second floor of the Richmaid Building at 113 South Cherokee Lane, subject to the conditions as set forth in the attached resolution. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the Use Permit with alternate conditions • Deny the Use Permit • Continue the Request 1T T. ,CHMEtiTS: Vicinity Map Site Plan Floor Plan Resolution Ct?0:-DEPT•?LAN.N1`GSTAFFR?T.199?:U•97.0=r.do: 2 _'_I j 1 �_-la �?�I I III -..i, i_• _i I'1 � i �I Lidia Favi(a Gutierrez Dance Club 112 South Cherokee Lanz , :.l L---_ - - -'�• =3i - \ L :ti,�.:a i;`>:;>sti;::��� ore.^. ,1-101Z =-• �-I I I "I I I I V� I 1 1 I �I Lidia Favi(a Gutierrez Dance Club 112 South Cherokee Lanz , :.l - - - i .l I - � i � -'�• =3i � � n'r I I I I ! _ ! :ti,�.:a i;`>:;>sti;::��� ore.^. ,1-101Z 22 �I Lidia Favi(a Gutierrez Dance Club 112 South Cherokee Lanz Z a e, o m r rl sv�r��ev (3UlLD�lJG :+- 113o5F. _P 1T t-k0Is -W)t A COTlE2aEZ RESOLUTION NO. P.C. 97-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVENG A USE PERNUT ALLOWLNG THE RITMOS D.k CE CLUB ON THE UPPER FLOOR OF THE RICHMAID BUILDING, LOCATED AT 112 SOUTH CHEROKEE LANE WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law and in accordance with Lodi Municipal Code, Section 17.72.070. on the requested Use Permit to allow the Ritmos Dance Club at 1 12 South Cherokee Lane, Lodi. WHEREAS, the project proponent is Lidia Favila and Otilia Favila Gutierrez, 836 South Central Avenue, Lodi, CA 95240. WHEREAS, all legal prerequisites to the approval of this request have occurred. WHEREAS, the property is zoned C-2. General Commercial. WHEREAS, the property is located at 112 South Cherokee Lane (upper floor). NOW, THEREFORE, BE IT FOUND, DETER_NIINED AND RESOLVED by the Planning Commission of the Ciry of Lodi as follows. 1) A Notice of Exemption has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. 2) It is hereby found that the Use Permit approval is unlikely to cause public health problems. 3) It is further found that the approval of the Use Permit is consistent with general and specific plans. 4) Use Permit Application No. 97-02 is hereby approved, subject to the following conditions: A) The Ritmos Dance Club shall limit dancing to Thursdav through Saturday with music only on Friday and Saturday nights. The club shall close at 2:00 AI. B) The Ritmos club shall abide by all requirements of the City's Noise Ordinance. Furthermore, the upper floor windows shall remain closed during normal operating hours in order to contain noise within the building. C) The adjacent south parkin; area at 120 South Cherokee Lane shall be designated as the parking lot for the Ritmos Dance Club. D) The Following improvements shall be made to said parking lot at 120 South Cherokee Lane prior to occupancy o the Ritmos club: a) The parking surface shall be repaved and the lines of the parking* spaces shall be repainted per City Standards. Da_y71 i b) The parking lot shall be made free of weeds and other debris. c) The ice cream manufacturing equipment storage area at the rear of said parking lot shall be either cleaned up by removal of the equipment, or by screening of the area by a solid fence at least seven (7) feet high. d) At least two low-level, shielded lights illuminating the paved area shall be added to the interior of the parking lot. E) All paved or concrete areas either in front (%vest side) of the Richmaid Building or on the north side of the building shall be made free of weeds and other debris. F) All building mounted signs pertaining to previous businesses except the original Richmaid Ice Cream sign. shall be either removed or painted over to the satisfaction of the Community Development Director. This includes accessory signs "tacked on" to the Richmaid sign. G) All broken second story windows shall be repaired or replaced. H) A minimum of two uniformed security officers be present at the club during all hours of operation. Additionally, a minimum of 2 guards shall remain on the premises until 1 -hour atter closing time. Said officers shall meet Lodi Police Department's criteria for security personnel. I) The applicant shall sign a notarized affidavit within ten (l 0) days after adoption of this resolution indicating an acceptance of all conditions of approval_ J) The Use Permit shall be reviewed by the Planning Commission six months from the date of adoption on 12/23/97. Dated: June 23, 1997 1 herebv certify that Resolution No. 97-11 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on June 23, 1997, by the following vote: .AYES: Commissioners: Borelli, Marzolf, McGladdery, and Rasmussen NOES: Commissioners: Schmidt and Stafford ABSENT: Commissioners: Rice ABSTAIN: ATTEST: CIJ'.���4 1 ! 'f �1 �•':i�ti' -'� Secretary, Planning Commission DECLARATION OF MAILING Public Hearing: To Consider the Appeal of a Use Permit to Allow a Dance Club with Alcohol at 112 South Cherokee Lane On July 18, 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 July 18, 1997, at Lodi, California. Alice M. Reimche City Clerk Jacqueline L. Taylor Deputy City Clerk usan a and-Lake- dministrative Clerk decmail/forms CITY OF LODI NOTICE OF PUBLIC HEARING Carne<yie Forum Date: August 20, 1997, 1997 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Cleric Telephone: (209) 333-8702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, August 20, 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 consider the following matter a) to consider the appeal of a Use Permit to allow a dance club with alcohol on the second door of the Richmaid Building at 112 South Cherokee Lane Information regarding this item may be obtained in the office of the Community Development Director, 221 W. Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject, matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: Alice M. Reimche City Clerk Dated: July 15, 1997 Approved as to form: ity Attorney rt:rrcuacuow��sworc�.aoc _ m7,s-r zz Dance Club - 112 S. Cherokee Ln. iD D�?'•PL.� f�G',D.�-A'.U-97-03.DOC FirstName I LastName I Addressl i Ciry State Postal Code L GEWEKE LAND DEV. & P.O. BOX 1210 LODI� CA IARKETIilf G I 195241 2. JORGEN & I S0RENSEN 1627 E. OAK ST LODI CA 95240 3. HENRY j HANSEN P.O. BOX 437 LODI CA 95241 4. j DENNIS j DURRELL 6016 E. PINE ST LODI CA j 95240 5. WILFRED & TO�IBO 2510 ARDEE: LN SAN FR NCISC0 CA 94030 KATE I 6. j THOLMAS j ,[OYER 35'S CHERRY AV I SAN LOSE j CA j 95129 7. SALVADOR & I IGOLEZ P.O. BOX 695 LOCK ORD CA 953;7 I LUZ I I I 3. ROSE�LARY ; _�1ARTINEZ 2204 NEWBURY LOD[ CA 95210 CI I 9. GEORGE & ICECCHETTI 514 E. WALNUT LODI CA 95240 VIC?,<Kl ST 10. IPAUL & I SALSEDO 542 E WALNUT CA 952. 0 SHERYL L �ST ILODI Il. I AR -ETH j NICOLAOU 15,1ST [ E. WALNUT LODI CA 95?10 I I 12. I WILLIAM j REBHOLTZ (ST 545 E. WALNUT LODI 95240 ICA 13 ( EMIL & BILLIEI PANSKY I DR JAC'KLING i HILLSBOROUGH CA 94'010 I 14. I BOZANT I KATZAKIAN 1211 RIVER OAKS 95240 JLODI DR ICA 1 15. LOUIS I KASTAN( 109 S. CHEROKEE LODI Ca 95240 L NL I I 16. I GAYLEN PHILLIPS 1103 S. CHEROKEE LODI CA 95240 LANE I -17. -- JANICE I BAXTER 1 548 E. OAK ST j LODI CA 195240 DARRELL &LEtiVIS I 924 LAKE HOME LODI CA 95242 — `== CYNTHIA (DR I . ,. 19. DEN3`iY JO 1 HUTTON j 522 j E. PINE ST LOD[ ICA 95240 ?0. ILODI Ti-NIFIED DISTRICT- 11305 SCHOOL E. VINE ST LODI CA 95240 PLANF;ING iD D�?'•PL.� f�G',D.�-A'.U-97-03.DOC July 23, 1997 Lodi City Council 305 West Pine Street Lodi, California 95240 Re: Dancehall Hearing-Richmaid Bldg. Rv. PH - Ki4,-A JUL 2 9 1997 Since we do not live in this area we would not be affected with this operation. However, the homes where people are living on Oak street and Walnut street and the surrounding area should be consulted about this matter. Maybe .there should be restricted hours of operation like un- til 10:00 P.M. or, no alcohol served after 10:00 P.M. or, maybe no alcohol served at all. Alcohol seems to bring about activity that to most of us is not desirable. Sincerely, o��r G. Sorensen Pres./Jergen's Inc. JS/ks CITY 4:_ LODI NOT: : OF PUBLIC HEARING Carnegie Forum Date: August 20, 1997, 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 Wednesday, August 20, 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 consider the following matter aj to consider the appeal of a Use Permit to allow a dance club with alcohol on the second floor of the Richmaid Building at 112 South Cherokee Lane Information regarding this item may be obtained in the office of the Community Development Director, 221 W. Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public bearing 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. Reimche City Clerk Dated: July 16, 1997 Approved as to form: �a s '-City Attorney RECEIVED Time AUG 151997 Alice M. Reimche City Clerk City of Lodi t.%crYCLRK-T0RMSW0Tc00.00c n17e7 aRe��slti�ss �. CD \',? w,prime3\OPEN'\COMDEV%DEPTTLANNIivG',.DA"rA'.U-97-02.DOC -pp2 S41 -e - Nom' eu k,? -K45 RECEIVED Time AUG 15 1997 Alice M. Reimche City Clerk City of Lodi FirstName LastName Addressl City State Postal Code 1. GEWEKE DEV. & P.O. BOX 1210 LODI CA 95241 LAND MARKETING 2. JORGEN & SORENSEN 627 E. OAK ST LODI CA 95240 KAREN 3. HENRY HANSEN P.O. BOX 437 LODI CA 95241 4. DENNIS DURRELL 6016 E. PINE ST LODI CA 95240 5. WILFRED & TOMBO 2510 ARDEE LN SAN CA 94080 KATE FRANCI SCO 6. THOMAS MOYER 2548 CHERRY :� SAN CA 95129 AV JOSE 7. SALVADOR GOMEZ P.O. BOX 695 LOCKE CA 95237 & LUZ FORD 8. ROSEMARY MARTINEZ 2204 NEWBURY LODI CA 95240 CI 9. GEORGE & CECCHETTI 544 E. WALNU-], LODI CA 95240 VICKKI ST 10. PAUL & SALSEDO 542 E WALNUR LODI CA 95240 SHERYLL ST 11. ARETH NICOLAOU 541 E. WALNUT LODI CA 95240 ST 12. Witt Ai4 REBHE) 545 E. WALNUT= LODI CA 95240 &15Ce.LLP,- R-19 N L ST 13. EMIL & PANSKY 901 JACKLING HILLSB CA 94010 BILLIE DR OROUG S Wn-Tioru R10 -V H 14. BOZANT KATZAKIAN 207 RIVER OAKS LODI CA 95240 DR &oWe i 15. LOUIS KASTAN 109S. 4 LODI CA 95240 CHEROKEE LN 16. GAYLEN PHILLIPS 873 E. PINE ST LODI CA 95240 17. JANICE BAXTER 548 E. OAK STIJ LODI CA 95240 18. DARRELL & LEWIS 924 LAKE HOME LODI CA 95242 CYNTHIA DR 19. DENNY JO HUTTON 522 E. PINE ST LODI CA 95240 20. LODI DISTRICT- 1305 E. VINE ST LODI CA 95240 UNIFIED PLANNING SCHOOL aRe��slti�ss �. CD \',? w,prime3\OPEN'\COMDEV%DEPTTLANNIivG',.DA"rA'.U-97-02.DOC -pp2 S41 -e - Nom' eu k,? -K45 RECEIVED Time AUG 15 1997 Alice M. Reimche City Clerk City of Lodi 09� ozc � N Sos O C N N N c n LS Ln Ln Ln o osz Lp A w o Szz = ozz a NN " A p N 07 l /10 z I (Y) I lel Ln Ln (n cn N N ZZIL L w co cn w / ZLL I LLL C I ter. L L /�. ZOL0l / rn L os i0[ Yn cv'.+ w N Lp Ln N N . .< "OO Ln NJ W j V I Cn I N QN I ICLn 1 1 8 Z I QZ 7 L Ln cn Ln Ln U, cn c A W W W N N W LO V W t0 Ln L SL Z/L— l LP r\v 0 J L,4 (CC Ln � o00 0) a cn cn cl, cn cr cn o� 1 O -n` OOL = W W N N Lodi City Council Lodi, CA RE: DANCE CLUB @ 112 S. CHEROKEE LANE We the property owners and businesses on Cherokee Lane are undergoing a beautification program, so the city has informed us. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing an- other business of this nature in our neighborhood. We are already striving to cultivate and improve business, and this type of business can only cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in:the area. 3. `lore Police activity required to patrol the area late at night. We feel this type of establishment unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI MORE is not wanted nor needed by area residents or businesses. Concerned Citizens A l� RECEIVED Time AUG 15 1997 Alice M. Reimche City Clerk City of Lodi Lodi City Council Lodi , CA RE: DANCE CLUB @ 112 S. CHEROKEE LANE We the property owners and businesses on Cherokee Lane are undergoing a beautification program, so the city has informed us. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing an- other business of this nature in our neighborhood. We are already striving to cultivate and improve business, and this type of business can only cause: I - ',lore tr,,i f f i.c on an a l ready busy road. 2. f,nud noises late at night to residences in the area. 3. .More Police activity required to patrol the area ]_ate at night. We feel this type of establishment unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI MORE is not wanted nor needed by area residents or businesses. Lodi City Council Lodi, California 95240 Ref: DANCE CLUB: 112 S. Cherokee Lane We, the property owners and businesses on Cherokee Lane are under- going a beautification program; so the City has informaed us. Why do we pay more taxes to have this rejuvenation program (process) completed only to regress the area by allowing another business of ALCOHOL nature in our neighborhood? A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The mixture of alcohol and "LOUD MUSIC" even if only two (2) or three (3) nights a week can cause: 1) More traffic on an already busy road. 2) Loud noises late at nightj_ esidences in the area. 3) More Police activity required to patrol the area late at night. During the City Planning Commissions' Meeting the potential tenant stated "there were no places for Latino entertainment" Surveying this City of Lodi, we discovered the minimum of 25 "clubs", 11 of which are predominantly Latino. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you aware most establishments that cater to DRINKING and DANCING as their primary source of income, unfortnuately bring with it many other problems, which we feel in this area are not needed. There are already six (b) CLUBS on Cherokee Lane in Lodi. More are not wanted nor needed by area residents and business persons. Concerned Citizens, G �.�A date 1,0d -i i L COtInc i 1 f.odi , CA RE: DANCE CLUB @ 112 S. CHEROKEE LANE We the property owners and businesses on Cherokee Lane are undergoing a beautification program, so the city has informed us. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing an- other business of this nature in our neighborhood. We are al.rcacly striving to cultivate and improve business, and this type of business can only cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in:the area. 3. More Police activity required to patrol the area late at night. We feel this type of establishment unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI MORE is not wanted nor needed by area residents or 1)1_1sinr.5sr. Concerned Citizens s� I Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE Wr L property owners husinesses�on Cherokee Lane :f rc. un<Irr:,o r ii. :f lac tfff l f l i c:i t i fin prc�}� , o the city has in - Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. Morc tra[f:ic on an already busy road. 2. Loud noi.se.s late at night to residences in the area. 3. More Police activity requi.r.ed to patrol the area late tit nilfl . During the City Planning Commission Meeting the, -potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 1.1 of which are predominantly Latifio_ Disproving the theory that there are no places for Latinos to go for their- I ypo cd_ mug; ic. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary -source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE. IN LODI more is not wanted nor needed by area residents. Concerned Citizens Lodi CiLy Council. Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We Lhe )r( ty owners and businesses on Cherokee Lane arc undo �;<> i n ; r.� peau t i.. ica t ion program, so the city has in- formed 11::. Why do we pay more taxes to have this rejuvenation pro- cess coripl.eted only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCO140L can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More trnffic on an already busy road. 2. 1,oud noises late at niphl: to residences in the area. 3. More PoIicc acLivi.ty required to patrol the area late aL nighl.. During the City Planning Commission Meeting the potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latiiio.. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortmint-oly bring with it mnny problems, which we feel in this area are not needed. There are already 6 clubs on CIIEROKI;G LAN17 IN LODI more is noL wanted nor needed by area residents. Concerned Citizens Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We the -property owner and businesses on Cherokee Lane are undergoing a beauti ication program, so the city has in- formed us. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting the:,potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latino,. Disproving the theory that there are no places for Latinos to go for their typr of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE. IN LODI more is iiol wanted nor- needed by area residents. Concerned Citizens Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We rho l)roperty owners rind businesses on Cherokee Lane ri rc uncle r ,c> i u n [)C'Mi t i f 'ica t- ion l)r.ogram, so the city has in - f ormed uti . Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting the -;,potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latino.. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI more is not wanted nor needed by area residents. Concerned Citizens r-� LO/ ) i CA 1 �-.1 F� Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE Wo rhe ern -)c-,rt owners :incl businesses on Cherokee Lane arc L111(101-14 011} ri heaut i fication program, so the city has in- formed us. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature.in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Loud noises late -at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting thh:ipotential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly LatiHo.. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are.aware most establishments that cater to DRINKING AND DANCING as their primaryysource of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI more is not wanted nor needed by area residents. Concerned Citi ens v (,-2& E. Q�t'�e 5 r Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE Wo th pr.oper.ty owners and businesses on Cherokee Lane II r. c uncle rg iii; ti 1) (1, i cti t i on program, so the city has in - I OrIm'd 11:;. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: I. More Lraffi.c on an already busy road. 2. Lour] noises late at night to residences in the area. 3. Mor(, Po I i c c• tic L i v i ty required to patrol the area late aL n.ighL. During the City Planning Commission Meeting the;,potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 1.1 of which are predominantly Latino,. Disproving the theory that there are no places for Latinos to go for thei r I:yl)c• ()f ic. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE TN LODI more is not wanted nor needed by area residents. Concerii(.d Cil i r.rn:-; Lodi City Council. Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We tl,c )roperty owners and businesses on Cherokee Lane are undergoing o au -1 Icati.on program, so the city has in - I orillod 11::. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCO140L can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: l.. More traffic on an already busy road. 2. Lobi notscs Into nt night to residences in the area. 3 Mori• fol ic(, ac.I_ iv i I y requ i red to patrol the area late at night. During the City Planning Commission Meeting the;!potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latino.. Disproving the theory that there are no places for Latinos to go for their I: pr ()i nius i c. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI more is not wanted nor needed by area residents. Conce rn(-d C. i I i zeiis Lodi Ci 1.y Coitnci I Lodi, Ca. Re: DAN(',F CI,UI), 0 112 S. CIii?ROKEE LANE We the property owners and businesses on Cherokee Lane ;i heati t i f i crt t i on program, so the city has in— Fol-mod il::. Why do we poy more, taxes to have this rejuvenation pro- cess Ionil>let<!d only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. Moro traffic on an already busy road. 2. I,oucl noise`s late at night to residences in the area. 3. moi-( 1'n 1 i (-c• :tc I i vii I y rogii i red to patrol the area late ;11. ii i "'.11 t . Ilur i n, the• CiLy Planning Commission Meeting thb;,potential tenent sl..'iLed there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly LatiNo.. Disproving the theory that there are no places for Latinos to go for their type. of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary;lsource of income unforttin.itrly brin;, with it many Problems, which we feel in this nrc:i ,ire nn1 needed. 'There are already 6 clubs on C.HVi O KI,E LANi•; IN LOD i. more is nc,t watilcd nor needed by area residents. Concern(,d Ci ti.zens 4001, (2wi Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We the, roperty owners and businesses on Cherokee Lane are undergoing a eau 1 kation program, so the city has in- formed us. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in the area. 3. More I'nlice activity required to patrol the area late at night. During the City Planning Commission Meeting the:�potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latino.. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfor.tunntc-ly bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CIIEROKEE LANE IN LODI more is not wanted nor needed by area residents. Concerned Citizens % 7�111�7 J Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE Wo t:lio proporty owners and businesses on Cherokee Lane �I r(' ;r 1)u iu L- i f i ca t i on program, so the city has in- formed LIS. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting thb•potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latino•. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE IN LODI more is not wanted nor needed by area residents. Concerned Citizens Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We the 1)roperty owners and his- else on Cherokee Lane arc' u11<Ic'1-go i I I g i he<iut•ificri.ti.on program, so the city has in- for.ine<I ti:,. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Loud noises late at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting the:!potential tenent stated there were no places for Latino entertainment. Surveying this City of. Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latina. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary;;source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE TN L.ODI more is not wanted nor needed by area residents. C ncerned C'tizens Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE Wo [:ie property ownors and hus'esse on Cherokee Lane arc Undergohi.,.,, ii., a 1)C8Ltt i f iCilti011 program, so the city has in- formed u5. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: ' 1. More Lraffic on an already busy road. 2. Loud noises late at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting the:�potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latina. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on ('11 ,R0Krr LANE rN LODT more is not wanted nor needed by area residents. Concerned Citj'zens ff-f'd` 9sa Lodi City Council Lodi, Ca. Re- DANCE CLUB @ 112 S. CHEROKEE LANE Wo Iho proporty ownors andrhii.nosses;on Cherokee Lane arc tiiicli.ry..,<, i its ;I inn program, so the city has in - f orwed Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road.. 2. Loud noises late at night to residep ces in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting th6e:potential tenent stated there were no places for Latino entertainment. Surveying this City of Lodi we discovered the minimum of 25 Clubs ---- 11 of which are predominantly Latino.. Disproving the theory that there are no places for Latinos to go for their type of music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primarysource of income unfortunately bring with it many problems, which we feel in this anon me not needed. There are already 6 clubs on (:III-;ROKI{I-; I,ANF: IN 1.01)1 more is not wanted nor needed by area residents. Concerned Citizens. )JIT) F. DOUGLAS RAUER III RAUER BOOKKEEPING 115 SO CHEROKEE LN. LODI, CALIFORNIA 95240 Lodi City Council Lodi, Ca. Re: DANCE CLUB @ 112 S. CHEROKEE LANE We rhe property owner~ and 6uGinesses on Cherokee Lane n rc uncle r;.;n i „�; rt kenti L i I' i c:c (.ion program, so the city has in- furmod c,:;. Why do we pay more taxes to have this rejuvenation pro- cess completed only to regress the area by allowing another business of this nature in our neighborhood. A DANCE CLUB serving ALCOHOL can only bring down the area already striving to cultivate and improve business. The Mixture of Alcohol and Loud Music even if only 2 or 3 nights a week can cause: 1. More traffic on an already busy road. 2. Lottci noises late at night to residences in the area. 3. More Police activity required to patrol the area late at night. During the City Planning Commission Meeting thb:,.potential tenent stated there were no places for Latino entertainment. Surveying this City of. Lodi we discovered the minimum of 25 Clubs ---- 1.1 of which are predominantly Latino.. Disproving the theory that there are no places for Latinos to go for their type cif music. As we are sure you are aware most establishments that cater to DRINKING AND DANCING as their primary;;source of income unfortunately bring with it many problems, which we feel in this area are not needed. There are already 6 clubs on CHEROKEE LANE TN LODI more is not wanted nor needed by area residents. Concerned CiCirens F. DOUGLAS RAUER RAUER BOOKKEEPING 115 SO CHEROKEE LN. LODI, CALIFORNIA 95240 7///�7 RESOLUTION NO. 97-121 A RESOLUTION OF THE LODI CITY COUNCIL DENYING THE APPEAL OF USE PERMIT NO. U-97-02, THEREBY ALLOWING RITMOS DANCE CLUB TO OPERATE A DANCE CLUB ON THE SECOND FLOOR OF THE RICHMAID BUILDING AT 112 SOUTH CHEROKEE LANE UNDER CERTAIN CONDITIONS, AS SET FORTH IN PLANNING COMMISSION RESOLUTION NO. P.C. 97-11 AND THE AMENDED CONDITION AS SET FORTH BELOW BE IT RESOLVED, that the Lodi City Council hereby denies the appeal of Use Permit No. U-97-02, thereby allowing Ritmos Dance Club to operate a dance club on the second floor of the Richmaid Building at 112 South Cherokee Lane, under the following conditions: 1.) All conditions specified in Planning Commission Resolution No. P.C. 97-11 be adhered to as shown on Exhibit A attached hereto and made a part hereof, except for an amendment to Section 4 — A which shall read as follows: A) The Ritmos Dance Club shall limit dancing to Thursday through Saturday with live music allowed only on Friday and Saturday nights. The club shall close at 2:00 a.m. Dated: August 20, 1997 I hereby certify that Resolution No. 97-121 was passed and adopted by the Lodi City Council in a regular meeting held August 20, 1997 by the following vote: AYES: COUNCIL MEMBERS - Land, Sieglock, Warner and Pennino (Mayor) NOES: COUNCIL MEMBERS - Mann ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None a&u 7�-6&yr ALICE M. REIMCHE City Clerk 97-121 . l 4 II�Ir: ' ' �•t RESOLUTIONi NO. P.C. 97-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING A USE PERIMIT ALLOWING THE RTTMOS DANCE CLUB ON THE UPPER FLOOR OF THE RICHMAID BUILDING, LOCATED AT 112 SOUTH CHEROKEE LANE WH£RE A.S, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law and in accordance with Lodi Municipal Code, Section 17.72.070. on the requested Use Permit to allow the Ritmos Dance Club at 112 South Cherokee Lane, Lodi. WHEREAS, the project proponent is Lidia Favila and Otilia Favila Gutierrez, 336 South Central Avenue, Lodi, CA 95240. WHEREAS, all legal prerequisites to the approval of this request have occurred. WHEREAS, the property is zoned C-2, General Commercial. WHEREAS, the property, is located at 112 South Cherokee Lane (upper floor). NOW, THEREFORE, BE IT FOUND, DETEF—NaNI ED AND RESOLVED by the Planning Commission of the City of Lodi as follows. 1) A Notice of Exemption has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. 2) It is hereby found that the Use Permit approval is unlikely to cause public health problems. 3) It is further found that the approval of the Use Permit is consistent with general and specific plans. 4) Use Permit Application No. 97-02 is hereby approved, subject to the following conditions: A) The Ritmos Dance Club shall limit dancing to Thursday through Saturday with music only on Friday and Saturday nights. The club shall close at 2:00 Alia. B) The Ritmos club shall abide by all requirements of the City's Noise Ordinance. Furthermore, the upper floor windows shall remain closed during normal operating hours in order to contain noise within the building. C) The adjacent south parking area at 120 South Cherokee Lane shall be designated as the parking lot for the Ritmos Dance Club. D) The following improvements shall be made to said parking lot at 120 South Cherokee Lane prior to occupancy of the Ritmos club: a) The parking surface shall be repaved and the lines of the parking spaces shall be repainted per City Standards. CDRus971 1 j b) The parking lot shall be made free of weeds and other debris. c) The ice cream manufacturing equipment storage area at the rear of said parking lot shall be either cleaned up by removal of the equipment, or by screening of the area by a solid fence at least seven (7) feet high. d) At least two low-level, shielded lights illuminating the paved area shall be added to the interior of the parking lot. E) All paved or concrete areas either in front (west side) of the Richmaid Building or on the north side of the building shall be made free of weeds and other debris. F) All building mounted signs pertaining to previous businesses except the original Richmaid Ice Cream sign, shall be either removed or painted over to the satisfaction of the Community Development Director. This includes accessory signs "tacked on" to the Richmaid sign. G) All broken second story windows shall be repaired or replaced. Id) A minimum of two uniformed security officers be present at the club during all hours of operation. Additionally, a minimum of 2 guards shall remain on the premises until 1 -hour after closing time. Said officers shall meet Lodi Police Department's criteria for security personnel. I) The applicant shall sign a notarized affidavit within ten (10) days after adoption of this resolution indicating an acceptance of all conditions of approval. J) The Use Permit shall be reviewed by the Planning Commission six months from the date of . adoption on 12/23197. Dated: June 23, 1997 I hereby certify that Resolution No. 97-I I was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on June 23, 1997, by the following vote: AYES: Commissioners: Borelli,. Marzolf, McGladdery, and Rasmussen NOES: Commissioners: Schmidt and Stafford ABSENT: Commissioners: Rice ABSTAIN: ATTEST: -tc Secretary, Planning Commission CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIECLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (2 09) 333-6702 FAX (209) 333-6807 August 25, 1997 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Re: Public Hearing Regarding Appeal Of Use Permit To Allow A Dance Club With Alcohol On The Second Floor Of The Richmaid Building At 112 South Cherokee Lane Please let this letter serve as notification of Council action on the above referenced Public Hearing which was heard before the Lodi City Council on August 20, 1997. The City Council denied the subject appeal and adopted Resolution No. 97-121 entitled, "A Resolution of the Lodi City Council Denying the Appeal of Use Permit No. U-97-02, Thereby Allowing Ritmos Dance Club to Operate a Dance Club on the Second Floor of the Richmaid Building at 112 South Cherokee Lane Under Certain Conditions, as Set Forth in Planning Commission Resolution No. PC 97-11 and the Amended Condition as Set Forth Below" of which a certified copy is attached. Section 4(A) (as amended) "The Ritmos Dance Club shall limit dancing to Thursday through Saturday with live music allowed only on Friday and Saturday nights. The club shall close at 2:00 a.m. " Should you have any questions, please feel free to contact the City Clerk's office or the Community Development Department at (209) 333-6711. Sincerely, Alice M. Reimche City Clerk AMR/JMP Attachment RESOLUTION NO. 97-121 A RESOLUTION OF THE LODI CITY COUNCIL DENYING THE APPEAL OF USE PERMIT NO. U-97-02, THEREBY ALLOWING RITMOS DANCE CLUB TO OPERATE A DANCE CLUB ON THE SECOND FLOOR OF THE RICHMAID BUILDING AT 112 SOUTH CHEROKEE LANE UNDER CERTAIN CONDITIONS, AS SET FORTH IN PLANNING COMMISSION RESOLUTION NO. P.C. 97-11 AND THE AMENDED CONDITION AS SET FORTH BELOW BE IT RESOLVED, that the Lodi City Council hereby denies the appeal of Use Permit No. U-97-02, thereby allowing Ritmos Dance Club to operate a dance club on the second floor of the Richmaid Building at 112 South Cherokee Lane, under the following conditions: 1.) All conditions specified in Planning Commission Resolution No. P.C. 97-11 be adhered to as shown on Exhibit A attached hereto and made a part hereof, except for an amendment to Section 4 — A which shall read as follows: A) The Ritmos Dance Club shall limit dancing to Thursday through Saturday with live music allowed only on Friday and Saturday nights. The club shall close at 2:00 am. Dated: August 20, 1997 I hereby certify that Resolution No. 97-121 was passed and adopted by the Lodi City Council in a regular meeting held August 20, 1997 by the following vote: AYES: COUNCIL MEMBERS - Land, Sieglock, Warner and Pennino (Mayor) NOES: COUNCIL MEMBERS - Mann ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None The Foregoing Document is Certified ALICE M. REIMCHE To Be A Correct Copy Of The Original City Clerk On File In This Office. Jennifer M. Perrin 97-121 City. of Lodi D uty . By . Dated: 51� 4 ►ilr:. t RESOLUTION NO. P.C. 97-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING A USE PERMIT ALLOWUiG THE RITMOS DANCE CLUB ON THE UPPER FLOOR OF THE RICHMAID BLZLDING, LOCATED AT 112 SOUTH CHEROKEE LANE WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law and in accordance with Lodi Municipal Code, Section 17.72.070, on the requested Use Permit to allow the Ritmos Dance Club at 112 South Cherokee Lane, Lodi. WHEREAS, the project proponent is Lidia Favila and Otilia Favila Gutierrez, 336 South Central Avenue, Lodi, CA 95240. WHEREAS, all legal prerequisites to the approval of this request have occurred. W'HEREAS, the property is zoned C-2. General Commercial. WHEREAS, the property is located at 112 South Cherokee Lane (upper floor). NOW, THEREFORE, BE IT FOUND, DETER..'�QNED AND RESOLVED by the Planning Commission of the City of Lodi as follows. 1) A Notice of Exemption has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. 2) It is hereby found that the Use Permit approval is unlikely to cause public health problems. -3) It is further found that the approval of the Use Permit is consistent with general and specific plans. 4) Use Permit Application No. 97-02 is hereby approved, subject to the following conditions: A) The Ritmos Dance Club shall limit dancing to Thursday through Saturday with music only on Friday and Saturday nights. The club shall close at 2:00 A.M. B) The Ritmos club shall abide by all requirements of the City's Noise Ordinance. Furthermore, the upper floor windows shall remain closed during normal operating hours in order to contain noise within the building. C) The adjacent south parking area at 120 South Cherokee Lane shall be designated as the parking lot for the Ritmos Dance Club. D) The following improvements shall be made to said parking lot at 120 South Cherokee Lane prior to occupancy of the Ritmos club: a) The parking surface shall be repaved and the lines of the parking spaces shall be repainted per City Standards. b) The parking lot shall be made free of weeds and other debris. c) The ice cream manufacturing equipment storage area at the rear of said parking lot shall be either cleaned up by removal of the equipment, or by screening of the area by a solid fence at least seven (7) feet high. d) At least two low-level, shielded lights illuminating the paved area shall be added to the interior of the parking lot. E) All paved or concrete areas either in front (west side) of the Richmaid Building or on the north side of the building shall be made free of weeds and other debris. F) All building mounted signs pertaining to previous businesses except the original Richmaid Ice Cream sign, shall be either removed or painted over to the satisfaction of the Community Development Director. This includes accessory signs "tacked on' to the Richmaid sign. G) All broken second story windows shall be repaired or replaced. H) A minimum of two uniformed security officers be present at the club during all hours of operation. Additionally, a minimum of 2 guards shall remain on the premises until 1 -hour after closing time. Said officers shall meet Lodi Police Department's criteria for security personnel. I) The applicant shall sign a notarized affidavit .within ten (10) days after adoption of this resolution indicating an acceptance of all conditions of approval. J) The Use Permit shall be reviewed by the Planning Commission six months from the date of adoption on 12/23/97. Dated: June 23, 1997 I hereby certify that Resolution No. 97-11 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on June 23, 1997, by the following vote: AYES: Commissioners: Bore Ili, MarzoIf, McGladdery, and Rasmussen NOES: Commissioners: Schmidt and Stafford ABSENT: Commissioners: Rice ABSTAIN: ATTEST: Secretary, Planning Commission MRcA71 1 DANCE CLUB - U-97-02 FirstName LastName Addressl City State PostaiCode GEWEKE DEV. & P.O. BOX LOD CA 95241 LAND MARKETI 1210 I NG JORGEN & SORENSE 627 E. LOD CA 95240 KAREN N OAK ST 1 HENRY HANSEN P.O. BOX LOD CA 95241 437 1 DENNIS DURRELL 6016 E. LOD CA 95240 PINE ST I WILFRED TOMBO 2510 SAN CA 94080 & KATE ARDEE FRA LN NCIS CO THOMAS MOYER 2548 SAN CA 95129 CHERRY JOSE AV SALVADO GOMEZ P.O. BOX LOC CA 95237 R& LUZ 695 KEF ORD ROSEMAR MARTINE 2204 LOD CA 95240 Y Z NEWBUR I Y CI GEORGE CECCHET 544 E. LOD CA 95240 & VICKKI TI WALNUT I ST PAUL & SALSEDO 542 E LOD CA 95240 SHERYLL WALNUT I ST ARETH NICOLAO 541 E. LOD CA 95240 U WALNUT I ST WILLIAM REBHOLT 545 E. LOD CA 95240 Z WALNUT I ST EMIL & PANSKY 901 HILL CA 94010 BILLIE JACKLIN SBO G DR ROU GH BOZANT KATZAKI 207 LOD CA 95240 AN RIVER I OAKS DR LOUIS KASTAN 109S. LOD CA 95240 CHEROK I EE LN GAYLEN PHILLIPS 103 S. LOD CA 95240 CHEROK I EE LANE JANICE BAXTER 548 E. LOD CA 95240 OAK ST I DARRELL LEWIS 924 LAKE LOD CA 95242 & HOME I DANCE CLUB - U-97-02 FirstName LastName Addressl City State PostalCode CYNTHIA DR DENNY JO HUTTON 522 E. LOD CA 95240 PINE ST I LODI DISTRICT- 1305 E. LOD CA 95240 UNIFIED PLANNIN VINE ST I SCHOOL G