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Home My WebLink AboutAgenda Report - August 7, 2002 E-14 PHyOFt OtaCITY OF LODI • • • AGENDA TITLE: Set Public Hearing for August 21, 2002 to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No. 99-02 for Legends Unlimited MEETING DATE: August 7, 2002 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council set a public hearing for August 21, 2002 to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No. 99-02 for Legends Unlimited. BACKGROUND INFORMATION: In accordance with the Lodi Municipal Code, the appellants have filed a timely appeal of the Planning Commission decision. The Commission's decision to revoke the Use Permit in question is effective on September 19, 2002 unless a change of ownership of the business takes place prior to that date. The appellants, acting on behalf of the clients, have requested that the City Council review and reverse the Planning Commission action. Further, as their letter states, " In light of the stay of this resolution adopted by the Planning Commission, my client would be agreeable to a hearing date after September 18, 2002, if the City Council feels this is appropriate." From staff s perspective, we feel the City Council could act upon the appeal in a more timely matter. As such we are recommending the August 2151 date. The City Council could choose an alternate date as you see fit. FUNDING: None required *onradtBartlam Community Development Director Prepared by: Community Development Director Lt"M Attachments APPROVED: Bien Flynn -- City Manager 0218.doc A' 07!30/02 • u NEUMILLER ST BEARDSLEE A NOFMOWAL CORPORAMN . Awomm & COtm u oils EirA8umw 1903 Anthony L. Vignolo RECEIVED 11094-28243 JUL 1 5 2002 509 wEcr Wan AvEma Fin m Rom City Clerk Sromrm. CA 95203 July 12, 2002 City of Lodi P= OmcE Box 20 Sioc new CA 95201-3020 (209) 948-8200 Via Federal Express (209) 948-1910 Fut FROM MODWO.- (209) 577-82W City Clerk (209) 577.4910 FAX City of Lodi 221 W. Pine Street Lodi, CA 95240 Re: Appeal of Lengeds Unlimited Inc and Request for Hearing Dear City Clerk: In accordance with Section 17.72.110 of the Lodi Municipal Code, I, on behalf of Legends Unlimited, Inc. and owner Jacqueline Brown, hereby appeal the decision of the Lodi Planning Commission of July 10, 2002 with respect to that resolution which revokes Use Permit No. 99-02. Legends Unlimited, Inc. requests a hearing of the City Council to review such decision. In light of the stay of this resolution adopted by the Planning Commission, my client would be agreeable to a hearing date after September 18, 2002, if the City Council feels this is appropriate. Enclosed please find a check in the amount of $250.00 to cover the appeal fee. Should you have any questions, please do not hesitate to call. Very truly yours, /' rl ANTHONY L. VIGNOLO Attorney at Law ALV/RAA:ect Enclosure '\ , CC HR `1 CM _IS CD EUD _PR PD FIN PW FD _FD _COM 342931-1 • RESOLUTION NO. P.C. 02-23 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI REVOKING USE PERMIT 99-02 PERMITTING AN ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE -47, ON -SALE, GENERAL (EATING PLACE) LOCATED AT 27 WEST ELM STREET (LEGENDS) WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested revocation of the Use Permit allowing an on -sale alcoholic license at LEGENDS. WHEREAS, the holder of the Use Permit is Jacqueline Brown, 27 West Elm Street, Lodi, CA; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi as follows. 1. LEGENDS has violated the conditions of its permit for the dispensing of alcohol. The Type 47 license issued by ABC requires a restaurant food service be the main component of the business. 2. In light of the above facts, Planning staff has determined that conditions 2 and 3 of Resolution 99-12 have not been adhered to and constitute adequate grounds for revocation of the Use Permit. 3. The Revocation of this Use Permit shall be effective on September 19, 2002 if the business has not been transferred to an unrelated entity. Should a transfer occur prior to September 19, 2002, the Use Permit shall remain in effect. Dated: July 10, 2002 I hereby certify that Resolution No. 02-23 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on July 10, 2002, by the following vote: AYES: Commissioners: Heinitz, Mattheis, Phillips, and Crabtree NOES: Commissioners: Beckman and White ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Secretary, Planning Commission Res9725.doc CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI July 15, 2002 • CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA 95201-3020 APPEAL OF PLANNING COMMISSION DECISION Legends Unlimited, Inc. — Use Permit No. 99-02 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney The City Clerk's Office is in receipt of your correspondence regarding the above subject dated July 12, 2002. This letter is to inform you that in addition to providing a copy to the City Council we have forwarded your correspondence to the following departments for information, referral, or handling: 1) City Manager, 2) City Attorney, and 3) Community Development Department. Your check in the amount of $250 was forwarded to the Community Development Department. You will be notified in writing of the date this matter will be considered by the City Council. Should you have any questions regarding this, please contact the City Clerk's Office at (209) 333-6702. Sincerely, � � � �t �0 - "�Lst M—�� Susan J. Blackston City Clerk cc w/enclosure: City Manager City Attorney Community Development Department NEUMILLER St BEARDSLEE A PRoFEmoNAL CoxeommoN • ATTORNEYS & Commons RECEIVED Anthony L. Vignolo AUG Q 5 2002 City Clerk c,ty of Lodi 509 WEST WEBER AVENUE Fwm FLOOR August 2, 2002 STOCrr0N, CA 95203 POST OFFICE Box 20 STomroN, CA 95201-3020 Via Fax and U.S. Mail (209) 948-8200 (209) 948-4910 FAX Councilmembers FROM MODESTO: Lodi City Council (209) 577-8200 c; o City Clerk's OfSce (209) 577-4910 FAX P.O. Box 3006 Lodi, CA 95241-1910 Re: Legends Request that Appeal Hearings be set on October 16, 2002 Dear Councilmembers: E., I q Esra mlim 1903 11094-28243 On July 10, 2002, the Lodi Planning Commission voted 4-2 to revoke Conditional Use Permit 99-02 of my client, Legends Unlimited, Inc., which will be effective on September 19, 2002. According to the resolution of the Commission, the use permit was revoked on the grounds that the Commission did not believe that Legends was operating as a bona fide restaurant, as required by the terms of its Type 47 alcohol license. The Commission indicated that Legends should be operating under a Type 48 (general on sale) alcohol license. I have recently obtained an application from the Alcoholic Beverage Control Department ("ABC") for an exchange of liquor license, and anticipate that such license will be completed and submitted on or before August 9, 2002. ABC had advised that the approval process will take approximately 45 - 60 days. Today, I received notice from Lodi City Clerk, Susan Blackston, that on August 7, 2002, the City Council will be setting the date for the public hearing, and that Community Development Director, Konradt Bartlam, is recommending that the public hearing be set for August 21, 2002. As my client has chosen to pursue the exchange of alcohol license simultaneous with her pursuit for a qualified buyer of the business, I respectfully request that the appeal hearing be set for October 16, 2002. Although Jacqueline Brown, sole shareholder of Legends, is ready and willing to sell the business, it is clear that she will not receive fair market value for the business in light of the pending legal issues. Therefore, since a Type 48 license should eliminate 343615-1 Councilmembers August 2, 2002 Page 2 most or all of these legal issues, my client will be more likely to receive fair market value for the business. Although not terminated, the purchase agreement entered into with Monte Vista Development involves a purchase of the business and real property with no money down by Monte Vista Development and for a sum comparable to asset liquidation value only. My client has and will continue to meet and negotiate with other potential buyers. Understandably, however, the success of any such negotiations will likely depend on whether my client can be in a fair bargaining position. If the exchange of liquor license type is approved, my client would dismiss the appeal to the City Council since revocation of Use Permit 99-02 would be inconsequential to the continued operation of Legends under the new alcohol license. In light of the fact that the process for the exchange of license will take approximately 45-60 days, I respectfully request that, in an effort to avoid unnecessary time and expense to you and my client, the public hearing for this matter be set for October 16, 2002, which should allow ABC sufficient time to make a determination on my client's application for an exchange of license. In advance, thank you for your consideration of this request. If you have any questions, please do not hesitate to contact me at the office. Very truly yours, ANTHONY L. VIGNOLO ALV:cln 343615-1 CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK, Mayor Pro Ternpore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI August 1, 2002 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX(209)333-6807 Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA 95201-3020 APPEAL OF PLANNING COMMISSION DECISION Legends Unlimited, Inc. — Use Permit No. 9"2 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney (Mailed and Faxed) This is to notify you that at the City Council meeting of August 7, 2002 at 7:00 p.m. or as soon thereafter as the matter can be heard, in the Council Chamber, at the Carnegie Forum, 305 West Pine Street, Lodi, the Council will consider setting the date for the Qublic hearing pertaining to the above matter. Enclosed is a copy the August 7, 2002 City Council agenda and staff report related to Consent Calendar Item E-14 as prepared by the Community Development Department. Please note that prior to voting on the Consent Calendar the Mayor will offer an opportunity to the public to make comments. Should you wish to do so, please submit a "Request to Speak" card (available in the camegie Forum) to the City Clerk prior to the opening of the meeting. Should you have any questions, please contact me at 333-6702, or Community Development Director Rad Bartlam at 333-6711. Susan J. Blackston City Clerk cc: Jacqueline Brown Community Development Department r •. CITY OF LODI Carnegie Forum s , - 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING�� Date: August 21, 2002 Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333.6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, August 21, 2002 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No. 99-02 for Legends Unlimited. Information regarding this item may be obtained in the office of the Community. Development Department Director, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the 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: Susan J. Blackston City Clerk Dated: August 7, 2002 Approved as to form: Randall A. Hays .City Attorney J:%CITYCLRKIFORMS\Notcddappeal.doc W102 SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SET PUBLIC HEARING FOR AUGUST 21, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED PUBLISH DATE: SATURDAY, AUGUST 10, 2002 TEAR SHEETS WANTED: Three (3) iplease SEND AFFIDAVIT AND BILL TO: DATED: ORDERED BY: Thursday, August 8, 2002 L. T SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 PATRICIA OCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK Faxed to the Sentinel at 369-1084 at (time) on (date) (pages) I Kelsey Phoned to confirm receipt of all pages at _(time) Jac Tricia . Jen (initials) lornu\advins.doc Ute— t 00 DECLARATION OF POSTING SET PUBLIC HEARING FOR AUGUST 21, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED On Thursday, August 8, 2002 in the City of Lodi, San Joaquin County, California, a copy of the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited (attached hereto, marked Exhibit "A") was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on August 8, 2002 at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jennifer M. Perrin Deputy City Clerk Patricia Ochoa Administrative Clerk formskiecpost.doc VDECLARATION OF MAILING SET PUBLIC HEARING FOR AUGUST 21, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED On August 8, 2002 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing notice of Public Hearing For August 21, 2002 To Consider Appeal Regarding Use Permit 99-02 Revocation, Legends Unlimited, 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 8, 2002, at Lodi, California. ORDERED BY: PATRICIA OCHOA ADMINISTRATIVE CLERK Fomes/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK CITY OF LODI CITY HALL. 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 Community Development CITY OF LODI CITY HALL, 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 Community Development Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA 95201-3020 Jacqueline Brown c/o Legends Unlimited, Inc. 27 W. Elm Street Lodi, CA 95240 CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 cityclrk@lodi.gov Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA 95201-3020 August 8, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #7000 1670 0008 4483 0947 and #70001670 0008 4483 0930 AND REGULAR U.S. POSTAL DELIVERY RE: PUBLIC HEARING FOR AUGUST 21, 2002 TO CONSIDER APPEAL REGARDING USIL PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED This letter is to notify you that a Public Hearing will be held by the City Council on Wednesday, August 21, 2002, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. This hearing is being held to consider your appeal on behalf of Legends Unlimited, Inc. and owner Jacqueline Brown, to the Planning Commission's decision on July 10, 2002 to revoke Use Permit No. 99-22. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c/o the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please contact my office or Community Development Director Konradt Bartlam at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk SJB/PO cc: Community Development Director Jacqueline Brown, Legends Unlimited, -Inc. (sent certified and US mail) pubhcar/not iccs/Lappcal Ltudoc DECLARATION OF MAILING LETTER TO APPELLANT SET PUBLIC HEARING FOR AUGUST 21, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED On August 8, 2002, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is 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 8, 2002, at Lodi, California. ORDERED BY: JACQUELINE L.T�XLQR ID TY CITY C ERK PATRICIA OCHOA ADMINISTRATIVE CLERK decmai1Itr/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK