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HomeMy WebLinkAboutAgenda Report - October 6, 1993 PHor CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Continued rublic Hearing to Consider Appeal from Marlo Kerner and Associates Regarding the Planning Commission's Denial of its Request to Amend P -D(21), Planned Development District No. 21 (Lakeshore Village) by Modifying the.Permitted Uses to Allow a Restaurant with Cocktail Lounge at 1750 West Kettleman Lane (APH 058-160-86) (THIS APPEAL HAS BEEN WITHDRAWN) MEETING DATE: October 6, 1993 PREPARED BY: City Clerk RECOMMENDED ACTION: No action required. This matter has been withdrawn by tb- appellant. BACKGROUND INFORMATION: The City Council set for Public Hearing for October 6, 1993 the appeal received from Marlo Kerner and Associates regarding the Planning Commissions denial of its request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village) by modifying the permitted uses to allow a restaurant with cocktail lounge at Yi50 West Kettleman Lane (APN 058-16-86). On September 29, 1993, the City Clerks office received letter from Marlo Kerner (see attached) notifying our office that he is withdrawing his request to appeal. Therefore, no action by the City Council is necessary. FUNDING: None required. J&iter7 YZ1'— . Perrin City Clefk JMP COUNC132/TXTA.02J/COUNCOM APPROVED: i, THOMAS A. PETERSON recycled paper City Manager CC -1 CITY OF LODI COUNCIL COMMUNICATION t$rsoa�� AGENDA TITLE: Appeal from Marlo Kerner and Associates Regardin the Planning Commission's Denial of its Request to Amend P -D 721), Planned Development District No. 21 (Lakeshore Village) by Modifying the Permitted Uses to Allow a Restaurant with Cocktail Lounge at 1750 West Kettleman Lane (APN 058-160-86) MEETING DATE: October 6, 1993 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council conduct a Public Hearing to consider the appeal from Marlo Kerner and Associates regarding the Planning Commission's denial of its request to amend P -D (21), Planned Development District No. 21 (Lakeshore Village) by modifying the permitted uses to allow a restaurant with Cocktail Lounge at 1750 West Kettleman Lane (APN 058-160-86). BACKGROUNr INFORMATION: At its meeting of June 14, 1993, after conducting the required Public Hearing, the Planning Commission denied the above described zone change request of Marlo Kerner and Associates. Section 17.84.050 of the Lodi Municipal Code provides as follows: "Disapproval Recommendation - Appeal to Council. If the report of the Planning Commission recommends disapproval of the proposed change or amendment or reclassification, the applicant upon modification of such action may, within twenty days thereafter, appeal to the City Council. After public hearing with due notice as provided in the Chapter the City Council may by a four-fifths vote of the entire Council grant an appealed application and -dopt by the vote an Ordinance effecting such proposed changes or portions thereof." The Planning Commission's decision to deny this request can only be reversed by a four-fifths vote of the entire City Council. The portion of the June 14, 1993 Planning Commission meeting dealing with this matter is enclosed. It is an accurate description of what transpired. APPRGVED. THOMAS A. PETERSON wyC 1p„ p,po, City Manager J cc -1 CCCD93.44/TXT0.01C M. Kerner Appeal re Amendment of PD(21) - 1750 W. Kettleman Lane October 6, 1993 Page two Also enclosed are copies of the rezoning application, letter of denial and various maps depicting zoning, site location and shape and a proposed site plan for the restaurant and cocktail lounge. FUNDING: None required. a s B. Schro der unity Development Director Attachments JBS/cg CCC093.44/TXTD.01C Excerpts from PLANNING COMMISSION MINUTES - June 14, 1993 The next public hearing was the request of Marlo Kerner and Marlene Gutierrez to amend P -D(21), Lakeshore Village, by modifying the permitted use to allow a restaurant with a cocktail lounge at 1150 West Kettleman Lane and to certify the filing of a negative declaration by the Community Development Director as adequate environmental documentation on the project. Community Development Director Schroeder introduced this matter to the Planning Commission. He stated that the proposed site is designated for office -institutional uses within the planned development. He noted there are restaurant sites designated within this area. However, they are located west of the site along Mills Avenue. Mr. Schroeder also indicated there is a convenience store site located directly south of the subject site which has never been developed. He noted there have been previous attempts to change the use on this site. However, none have been successful. Chairman Mindt then opened the hearing to the audience. Coming forward to speak was Marlo Kerner, one of the applicants. Mr. Kerner stated that he and a group of investors wished to build a dinner house on the proposed site. The restaurant would be a full service restaurant catering to an upscale adult clientele. The menu and features would be designed to cater both to the local neighborhood and the residents of Lodi as a whole. There would be no regular entertainment at the restaurant except for an occasional jazz combo or string quartet. There would be no amplified music. He noted that he had extensive experience in restaurant design and operation. He felt the proposed restaurant would be a significant contribution to Lodi. He also noted there is a convenience store/office site which would provide a buffer between the proposed restaurant and residences to the south. Speaking in favor of the proposal were the following: R.B. Lasher, Willow Point Court, Norman King, Lakeshore Drive, Judy Ochoa, Lakeshore Drive, and Eleanor Kundert, Mills Avenue. They all felt that the proposed restaurant would be an asset to both the neighborhood and to the City of Lodi and that Mr. Kerner would operate a quality restaurant. Chairman Mindt then asked if anyone in the audience wished to speak in opposition to the matter. The following came forward to speak: Lee Chappel, Cape Code Circle Linda Geringer, Timberlake Circle, Phil Frieders, Timberlake Circle, Mark Pauley, Timberlake Circle, Abdullah Kourdaji, Timberlake Circle, Norma Baxter, Lakeshore Drive, Ron Brin, Timberlake Circle, Carlos Alegre, Timberlake Circle, Bruce Sutherland, Timberlake Circle, Tom Miller, Timberlake Circle, and Roger Kern, State Farm Insurance. In general, the speakers were opposed to the proposed change and were concerned that the restaurant would generate additional noise and traffic particularly late at night. The speakers expressed concern about the proposed bar in the restaurant and how it might affect traffic safety along Lakeshore Drive. Many of the speakers expressed the feeling that while they were not opposed specifically to the restaurant proposed by Mr. Kerner, there was no assurance that this is actually the type of restaurant that would be constructed. They felt that if the restaurant were to change hands, another type of less acceptable restaurant could be built or operated on this site. Finally, the speakers all expressed the feeling that they built or purchased their homes in this location based on the existing office designation and were opposed to any change to a commercial use. Coming forward to speak in rebuttal to the opposition was Marlo Kerner. Mr. Kerner stated that his proposal would not be a neighborhood bar, but a full sit-down restaurant. Neither the bar nor the restaurant would be open past 11:00 or 12:00 at night. He felt the building would be an attractive addition to the neighborhood with an interesting design and heavy landscaping. Adequate parking is planned to meet the requirements of the building. There would be no amplified music to create a noise problem. Finally, he stated he and his partners had sufficient financial backing and experience in the restaurant business to operate a successful business enterprise. Commissioners Lapenta and Hitchcock both expressed their feeling that the applicants and the homeowners should get together again in an attempt to work out their differences and concerns. Mr. Kerner stated he is willing to meet with the homeowners or anyone else to try to resolve their differences. The majority of homeowners in the audience stated they were not interested in further meetings with the applicants because they felt their differences could not be resolved. Before voting on this matter the Commissioners expressed their feelings on this matter. The majority of the Commissioners felt Mr. Kerner had a good idea and was capable of operating a first class restaurant. They were, however, concerned about whether or not the location is appropriate for a restaurant and the possibility that another type of restaurant or a different owner could occupy the site in the future. They also felt that the homeowners in the area have a right to expect the property to be developed in accordance with the General Plan which currently shows the property with an office -institutional land use. Commissioner Marzolf expressed his support of the project and stated he felt the proposed restaurant would be an asset to the neighborhood and the City of Lodi. Following this discussion, a motion to deny the proposed zoning change was made by Commissioner Hitchcock and seconded by Commissioner Lapenta and approved on a 6-1 vote with Commissioner Marzolf voting "No". -- r CITY COUNCIL PHILLIP A. PENNINC), Mavor JACK A. SIECLOCK '.savor Pro Tempore RAY Q DAVENPORT STEPHEN 1. MANN JOHN R. (Randvl SNIDER June 16, 1993 Mr. Mario Kerner 1715 Lakeshore Drive Lodi, CA 95242 Dear Mario: CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209)334-5634 FAX QM 133-6795 RE: Amend Planned Development District Certify Negative Declaration 1750 West Kettleraan Lane, Lodi THOMAS A. PETERSON Citv mans"r JENNIFER M. PERRIN City CJerk 808 MCNATT City Attorney At its meeting of Monday, June 14, 1993 the Lodi City Planning Commission, by a 6 to 1 vote, denied the following requests of Mario Kerner and Marlene Gutierrez: 1. to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying tha permitted uses to allow a restaurant with a cocktail lounge at 1750 West Kettleman Lane.(APN 058-160-86); and 2. to' certify the filing of a negative declaration by the Community Development Director as adequate environmental documentation on the above project. Section 17.84.050 of the Lodi Municipal Code (Zoning Restrictions) provides as follows: "Appeal to Council. If the report of the Planning Commission recotnnen s disapproval of the proposed change or amendment or unclassification, the applicant upon notification of such action may, within 20 days thereafter, appeal to the City Council." Your appeal, if any, should be directed to Jennifer Perrin, City Clerk, P.O. Box 3006, Lodi, California, 95241-1910 and must be received by her by 5:00 p.m., Tuesday, July 6, 1993. Mr. Marlo Kerner June 16, 2993 Page Z You should also be aware that Section 17.84.050 of the Municipal Code further provides: .. the City Council may by a four-fifths vote of the entire Council grant any appealed application and adopt by the vote an Ordinance effecting such proposed changes or portions thereof." If we can be of further assistance on this or any other matter, please call upon us. Sincerely, J S OE R C unity Development Director cc: City Clerk 0 COMMUNITY L.—VELOPMENT REZONE. APPLICATION f DEPARTMENT APPLICANT FIN I Z—q5_0( & Name _mno AND HAZEL KE nm mgun ruTTFRRF Phone (20'9) -- i6-8-:0453 APRTT, 14_ 19Q1 Siquature Uate PROPERTY OWNER (1f Different rom 'Above), Name Pho- P Address 7 hereby owner cord of 'tfie:property,-deiEr.iW�d"'Keloi�,,!-'44 e certify that am e r' 61 --re or have authoriza n to tin behalf of -the owner that I approve -of the R_ un:ro— ect - Pi Vv T-APNr 4c acti on queste i ze cres). 4 inPresent oning Des't' gns on 9-Presenf-Land Y_ t) Use .'t Biu _o%,v1- Proposed Zoning'Designation *and Land APRIL 14_i::1993 -- R_ un:ro— ect - Pi Vv FOR OFFICE USE ONLY FEES Application Received byReceipt No. Def Date Received W - - Rezoning Fee Assigned Planner Environmental Review Tentative P.C. Hearing Date - 141-57& Fee City Council Hearing Date TOTAL FEES PAID SEE BACK FOR IMPORTANT INFORMATION -;FR 15 1933 T-APNr 4c � �41e i ze cres). 4 inPresent oning Des't' gns on 9-Presenf-Land Y_ t) Use .'t Biu _o%,v1- Proposed Zoning'Designation *and Land .4 ce 4b FOR OFFICE USE ONLY FEES Application Received byReceipt No. Def Date Received W - - Rezoning Fee Assigned Planner Environmental Review Tentative P.C. Hearing Date - 141-57& Fee City Council Hearing Date TOTAL FEES PAID SEE BACK FOR IMPORTANT INFORMATION -;FR 15 1933 i 4 � G � , vm 3n I U 0 380HS3 *i V ` \ � ^ ... •tC��•�>�i•/",�i ��4'�/'4rtt�r ��vv. L Li Vi/, 17� -Iiwq}'W�•°t'p'�'s""" 0 SS de eN I`�� � D I � �• z a� � .oatle $ o ti N � 3 0 KETTLEMAN LN 'U imi:,,:�rlake 7—T -T-) 3 u r. __ t 7- !-J-I 4- ! -A -tiv-j >�xaasinlwadoud 9 f illiltlr_:�_ i __ _ `1 Q i -- 'Lit M z w ROW cm ;2 t v� Itt-1�.L ,`\ t'-•�.1 t\t\` Vis- 1 jqjjtjIjj1 LY ` 11: `\ _ _ _ • ui l L L illil'i bill, IL Cl) cf) co a aNn AltSdOtfd CO z D W tiW U) < W W 0 0 < cv ;74 ORDINANCE NO. 1587 ==maxaaasc:s=maces AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING PD(21), PLANNED DEVELOPMENT DISTRICT NO. 21 (LAKESHORE VILLAGE), 1750 WEST KETTLEMAN LANE (APN 058-160-86) TO MODIFY THE PERMITTED USES OF OFFICE -INSTITUTIONAL TO OFFICE -INSTITUTIONAL OR A RESTAURANT WITH A COCKTAIL LOUNGE. aaaxamasa=saa=ac.aa=c====axaasasxsazaaasacsxmmaszraasmsazssasaassaaazaaz BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1= PD(21), Planned Development District No. 21 (Lakeshore `tillage), 1750 West Kettleman Lane (APN 058-160-86) is hereby amended to modify the permitted uses of Office -Institutional, to Office- t institutional or a restaurant with a cocktail lounge. SECTION 2. All ordinances and parts of ordinances in conflict 4 herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Attest: JENNIFER M. PERRIN City Clerk Approves'- this day of , 1993 PHILLIP A. PENNINO Mayor -1- State of California County of San Joaquin, ss. I, Jennifer M. Perrin,, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1587 was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 1993 and was thereafter passed, adapted and ordered to print at a regular meeting of said Council held , 1993 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1587 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form BOBBY W. MCNATr City Attorney ORD15871TXTA.01V -2- JENNIFER M. PBRRIN City Clerk I 04,6.t.k tzl--e-6 b �et�t`Fa1,+� � a..� 175th .�Jc,o-t � C.•�µ� fl A A6 awe. &PjP 9G 4 l.a * -'� �'Mw.�Se.F�c a� ���5 G-�t•C. �—e��! , YutL� ie�.`.O'xrf.�,_ w � f-!� (.n -i3 �-•� �-; °� ,L�-;�4- �� 1l: - _, � -per, ex - L✓+. -l_ o�-ttrn 4e- tui . VL"- r�1 �, �.� o.. •-. c a.a_ u'v"S rf-, vzi7-' �u,c,,<_ ��-. �v5'�' � !•t.o �.d.t,n,�-� � is t�-��a.�...•.u.�...';— -4-L4 w— int ^�—.�• �-C� �+-+�.� L �.r Gt�� �''`- `� ,.- 1t.4�. `t O 44-L I �G►bar-bact�- '�L,.e_. e�.e� � fi�cc; �� u.ae_ �a,`�.�► �{-C.�er�--cam 1�,-k�-+,•�ci.��- a- -°z" � Pr`s- S� a°- -#�. -E.�nn .c.� .t•O ou; ��.c.�.�2,�0„r�.-�rc�Cw.c,(.{I .�,,.�e�di-�a�-�.{ t-a�►•,�Joc�.�cDL a Q� 'urn� unCiL , • �..�._ �,tiit�oa.•t. ttiu�vi..,4w� � t�,e-�,ti� a( ee.a.�._ � fit- 4-�* u,�- -fay s-�• � - w��.4i. a�C c� pa-.�- n.,�...l�� s�cjr ,,;q �' Cu.e.-O�. ►'�-C.o� ti,.+.C.�t�Ut.t t.r,tc-te.e� c ypv � - 4,-o- u k C& -.S- wa-C- Kra ► -1-1 lww`c o.sC.�.u.c,� -E'C, a.a-d w. -e_- o . �•..vv�n + � S ic.Ue,.a.Q� c'^--�- ckj ti,Lj. C. h.-Yi+114..- �.tt1�.� �t'C y�-vC.�� �c� �►�c.r,��,L 17 �D C�'k't c.d.�i �-.� ►2C_C-t y (,_Cj�1 i � C r•} t• r �?v�/v � e�7 GIS l t/ Z (i cci) 334 - C>S `l all Mr. and Mrs. Joseph E. Bewley 1515 Lakeshore Drive Lodi, California 95242 Ciy of Lodi city Council 305 West Pine Street Lodi, California 95240 August 19, 1993 we are writing in response to the nerice that we received pertaining to an appeal from Marlo Kerner & Associates regarding the Planning ^.anmission's denial of it's request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying the permitted uses to allow a --c-staurant, with a cocktail lounge at 1750 West Kettleman Lane (APN 058-160-86). We strongly object to the modification of the permit uses to allow a restaurant with a cocktail lounge at 1750 West Kettleman Lane. Our home is located south of the subject lot, with only three lots in between. We believe that the placement of such a business in close proximity to our personal residence would create a nuisance with respect to noise and traffic during the evening and early morning hours, times when we are in our home for the purpose of relaxing and sleeping. I am an early riser (4:30AM) and know how sounds carry and disturb at night. The highway traffic sounds are not nearly as disturbing as when a neighbor has an outdoor conversation. I foresee this to be relatively commnplaee up to 3:00AM as customers of the cocktail lounge linger in the parking lot. I also believe that the placement of this restaurant would decrease the value of our property. I was at the Planning Commission meeting in June when Doctors King and Lashier spoke and endorsed the proposed restaurant. Both of these individuals live much further away from the subject site and I doubt that they would be disturbed by the noises, odors of cooking foods, and other activities associated with such a business. I also do not believe that their property values would be negatively affected. m2xse of us living in very close proximity to the restaurant would be the awes who would be negatively impacted by such a business. Again, we are very strongly opposed to west Kettleman Lane. Office buildings during the day when we are away from evenings and on weekends. We ask that associates. the placement of a restaurant at 1750 are excellent neighbors. They are busy our hone, and generally closed in the you deny the appeal by Marlo Kerner & %hank you for your consideration. Sincerely, Joseph E. Bewley R. Monique Bewley Herbert Dorken, Ph.D. Consulting Psychoingist 1738 tflindiammer Court 71: Lodi, CA 95242 (209) 3394943 August 18, 1993 Ms. Jennifer Perrin City Clerk, City of Lodi 221- W. Pine St. Lodi, CA 95241 Dear Ms. Perrin: I wish to ask the Planning Commission to .gain deny the request of Marlc Kerner and Associates to amend P -D (21) by modifying the perr.iitted uses of the SW corner property on Kettle - man Lane at Lakeshore Drive to permit a restaurant with cocktail lounge at 1750 West Kettleman. My reasons for opposition are three fold. First, my understanding is that the current zoning is for offices. Such use is typically low density occupancy with little traffic volume in contrast to a restaurant and bar. Thus, if granted, such. a rezoning would increase traffic, noise and congestion in the area to an undesirable level. Second, within the two blocks approaching Lakeshore Drive along Kettleman Lane, there are already a number of restaurants. At Fairmont and Kettleman there is the Round Table Pizza and Gregory's. Both serve beer and wine. Heading west, the Pizza World failed and its space is empty. Then there is Yen Ching which also serves beer and wine, followed by Dino's with a full bar. Two prior res-aurants failed in the Dino location. Right on Kettleman at Ham, with full bar, is Gee Willies, which suc- ceeded the failed Cask and Cleaver. With its recent 50% off early bird and other signs, it appears to be struggling. On the west side of Ham there is Angelina's with full bar, the Creamery (family style) and a takeout Pizza (Little Caesars). The immedi- ate area hardly needs another restaurant and probably cannot support one. Third, the Walmart and Target shopping centers, two blocks west, were designed for high density use and I understand have available commercial space which could be used by a restaurant. For these reasons, as 0 Lakeshore resident, I respectfully request that the Planning Commission deny the subject request. Sincerely, S� i rt Dorken, Ph.D. � y Z/4' f -I ew 4- e� Ae',j Id, ���C� l,.l'7�1.E- � �l-eft, ��lzti) �!•�e. ��. 'z16— ... . ...... &a-7 'Le, 411141(.6 tAwl' �./ L', teL-7 ZX4 L �� Ph# FrMKJM 1709 ThV3WMO CWCis JC �LJ l ?%i e'/` �o �c- L C 1 �� / -' �h� Lodi, CA 95242 CITY Or L9DI °+c,. �. CARNEGIE FORUM 305 West Pine Street. Lodi OTICE OF PUBLIC HEARING Date: September 1. 1993 Time: 7:00 p.m. For information regarding this Public Hearing Please Contact: Jennifer M— Perin City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING September 1, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:00 p.m., or as soon thereafter as the natter may be heard, the City Council will conduct a public hearing to consider the following matter a) appeal from Marlo Kerner 6 Associates regarding the Planning commission's denial of it's request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying the permitted uses to allow a restaurant with a cocktail lounge at 1750 West Kettleman Lane (APN 058-160-86). Information regarding this item may be obtained in the office of the Community Development Director at 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)xITY' those issues you or someone else raised at the Publi,: Hearing descoded In this notice or in written correspondence delivered to thf City CI West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: . tfer,/,M. Perrin City Clerk . Dated: July 21, 1993 Approved as to form: j Bobby W. McNatt City Attorney 001 0 _w 1 + ' Ai A ! OF OTICE OF PUBLIC HEARING CITY Or LODI Date: September 1, 1993 CARNEGIE FORUM C�ZJFOp'�,• 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this Public Hearing Please Contact: Jennifer M. Perrin City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING September 1, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, 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) appeal from Marlo Kerner & Associates regarding the Planning Commission's denial of it's request to amend P -D(21), Planned Development District> 21_ (Lakeshore Village), by modifying the permitted uses to low restaurant with a cocktail lounge at 1750 West Kettl�(A7- Information -160--86). regarding this item mybobtained in the office of the Community Development Director ate 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 or,41 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 Counzil: fer�kl. Perrin // � City Clerk f l� Dated: July 21, 1953Ile r �\ L Approved as to form: L'.J Bobby W. Mc.' att City Attorney pill, �� p ' r ,fir �� ala � ��� �,7r -Lo IT L Jennifer Perrin City Clerk P.O. Box 3006 Lodi, (A 95241 Dear Ms. Perrin, U-1 I, .. 15 August 12, 1993 Due to extenuating circumstances, I request that my appeal to the city council, scheduled for September 1. 1993, be continued to the meeting of October 6. 1993. Sincerely, �--e 1, Mario Kerner MARLO KERNER & ASSOCIATES P. O. Box 1890 Lodi. California 95241 Phone (209) 368-0691 FAX (209)368-0691 DECLARATION OF MAILING On September 3, 1993 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 "H" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and thw places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 3, 1993, at Lodi, California. ianifer6i. Perrin City Clerk Peggy Nicolini Deputy City Clerk DSC#01/TXTA.FRM OF CITY Or LOD � BICE Otober 6�, 149P3�IC � Date: �. CARNEGIE FORUM 305 West Pine Street, Lodi Time: 7:00 p.m. : J For information regarding this Public Hearing Please Contact: Jennifer M. Perrin City clerk Telephone: 333.6702 October 6, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7: 00p.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) appeal from Harlo Kerner & Associates regarding the Planning Cou=ission's denial of it's request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying the permitted uses to allow a restaurant with a cocktail lounge at 1750 West Kettleman Lane (APN 058-160-86). Information regarding this item may be obtained in the office of the Community Development Director at 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: . Perrin City Clerk Dated: September L 1993 Ap roved,,as to form: Bobby W. McNatt �.• City Attorney m a � MM I W, I.- Mm 117 1 M, t E� Y r \ � rR N J Z w Z V J d a 11 ,l I 11 iSll JNIUVN onond ��- f O �• ��'y� I -�- --gip - „---- Ile ,. ,. „ �-SGlo•J� ax S, 7 % 4 - 4,717 - ,, , • P aIt L ,6 Z' i _ y �! -A - ,, .� i4 -A 77,6w Ze— I ,l • cy �.+ n - j,* 7 7 ., N / '/'o %/_ 69 d1Z 31V1S 'Allo 993UOGV DNIlM 3WVN S.113NMO i,1V • 313 "V7 '01 a- <i < ��� 0 P�ak�y ��iv�a�y :110.1 iSn ONIIIVw iSll JNIUVN onond ��- f O �• ��'y� . ... • 1t 7t k It x � h f. R t P E T I T I O N WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. PHONE NUMBER �9- '7q.+8 �y-7I14, 33,-11tly7 -zl. S� 33 9 - o9S ►� '���r ; ' . , • �• a �_ • _ i. VI ✓a J� /J U x x t x x c x x x x x P E T I T I O N x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING",DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER ? Cmc., t� 3 3 `t- l 7� `r • /7� 7 � � &Xc4 339- 9Y Y 939-91119 10 Ll- 7 - 71 -V 37 x x Sc a x x x x se s x P E T I T ION x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME & DiutES� -G DATE PHONE NUMBER TOA MI I. n to 36y_��3 it 36 9-1'74s 3by—��rl ._51:'4 s' X39 -D451 x P E T I T I O N WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MXRLO KERNER AND MARLENE GLTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN'THE "NOTICE OF PUBLIC HEARING" -DATED JUNE 1. 1993. / NAME & ADDRESS DATE e. - 9- Mi1�� �rrp.�L,F-ta La -!1 93 g3 /7/2 /70x 736 PHONE NUMBER 33Y-r�s� 317-133.9 cit elk- ,,( cr 33y-1�03'1- ��gR-1411 v 33 T 3 902 n 317-133.9 cit elk- ,,( cr P E T I T I O N - • a a t r. r. s r. .: x WE, THE RESIDE`'TS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING".DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER 1 ✓ '�. M� 6le, 37161s'1-�c I -- 7 n -9 'q J hy,0� ., '0. F 3 & -7-1 Sv 4C;.40s /W z,41.YD 1S'>S "T',/vi 6,2LAkiF- !�_ S " ®38S x 7 J7'A\- J�rt\bdkK ,yam �,. 3 — • r J). J3 JJ v .6 ty x x x x xx x x x x x P E T I T I O N x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY HARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAPE & ADDRESS DATE PHONE NUMBER �a�dh �Giz i•�a�cs 6-i3-93 33Y--,; 5'9/ ��%�1�0(�•%%L2���""`���-43 333-747 9 x x r. • t a a a a a P E T I T I O N x a x � a se a fr s x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE RE:)UEST MADE TO THE PLANNING COMMISSION BY - MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER 6 gLg,- 31if- W54 01 n� 1-7 -11 C_ ape -Cod G:r 4-13-93 3 CR -Co 1 Co`i • 173a' : 33�/ e �-c A -S- - �%l. i 7 Z Y 3Z21 7!5 ,- - It x P E T I T I O N WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY ►MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING".DATED JUNE 1, 1993. NAME & ADDRESS DATTE;, 9 3 PHONE NUMBER :3.3'5t- 415-9 7 334 -415,27- V C. S�-T,6-"7 6 4SB73C.-4676 Jennifer Perrin City Clerk P.O. 8- K 3006 Lodi, (A 95241 Dear Ms. Perrin, RECEIVED AN 9: 29 LA PITY September 29, 1993 I respectfully request that my appeal to the city council scheduled for October 6. 1993 be withdrawn and the public hearing cancelled. Sincerely,! arlo Kerner MARLO KERNER & ASSOCIATES P. 0- Box 1890 Lodi• California 95241 Phone (209) 368-0691 FAX (209) 368-0691