HomeMy WebLinkAboutAgenda Report - June 2, 2010 H-01 PHAGENDA ITEM .r I
CITY OF LODI
W COUNCIL COMMUNICATION
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AGENDA TITLE: Conduct Public Hearing to Consider the Appeal of Noe Juarez Luna Regarding
the Decision of the Planning Commission to Deny a Use Permit for a Pool
Hall/Nightclub at 651 North Cherokee Lane, Suite E
MEETING DATE: June 2,2010
PREPARED BY Community Development Department
RECOMMENDED ACTION: Conduct public hearing to consider the appeal of Noe Juarez
Luna regarding the decision of the Planning Commission to deny
a Use Permit for a Pool Hall/Nightclub at 651 North Cherokee
Lane, Suite E
BACKGROUND INFORMATION: On April 14,2010, the Planning Commission conducted a Public
Hearing to consider the request of Mr. Noe Luna for a Use
Permit to allow a nightclub at 651 North Cherokee Lane, Suite E. Approval of a Use Permit would
have enabled the applicant to open a nightclub type establishment. Following public testimony and
discussion, the Planning Commission voted 5-0 (two commissioners absent) to deny the Use Permit
request.
The applicant, Mr. Noe Luna, owns and operates La Luna Restaurant located at 910 South Cherokee
Lane. The restaurant obtained Type 47 On -Sale General license some 24 years ago, prior to
implementation of the City's Use Permit requirements. In the summer of 2008, the applicant
requested a Use Permit to allow live entertainment at the restaurant on a limited basis. At its regular
hearing of August 27, 2008, the Planning Commission approved the Use Permit request to allow live
entertainment. The applicant has violated the conditions of the Live Entertainment Use Permit on
several occasions. The violations include, but not limited to, noise, presence of minors on the
premise, live entertainment outside of the hours prescribed in the Use Permit and unruly patrons.
While staff was in process of reviewing the Use Permit, the applicant informed the City cf his intention
to close the restaurant and reopen at a new location as a nightclub and requested a Use Permit
approval. The request was for a Use Permit to allow a Type 48 On -Sale General -Public Premise —
(bar, nightclub) license and to provide live entertainment Thursday through Saturday from 9:45 p.m. to
1:00 a.m. Live Entertainment would consist of a disc jockey, bands, single musicians and singers,
juke box, amplified music, karaoke, open microphone night, comedians and dancing. Since the State
Department of Alcoholic Beverage Control typically issues a Type 48 Alcoholic Beverage Control
license to bars and nightclubs that offer commercial entertainment, staff has treated the applicant's
project as a bar/nightclub.
The project site is within a neighborhood commercial center located at 651 North Cherokee Lane,
Suite E. The shopping center consists of two buildings situated along the south and west perimeter.
The project tenant space was previously used as a satellite office by Blue Shield. The shopping center
is bounded by Pioneer Drive on the north, by Cherokee Lane on the east, by commercial parcels on
Bartlam, Interim City Manager
Noe Juarez Luna Appeal
Page 2 of 3
the south and by single-family residences on west. The proposed night club is less than 75 feet away
from the adjoining residential properties.
Pursuant to Lodi Municipal Code Chapter 17.88,the applicant filed an appeal regarding the decision
of the Planning Commission on April 19, 2010. The appeal was filed in a timely manner and the
appropriate fee was paid.
ANALYSIS: There are two areas of concern with the applicant's request for a Use Permit. First
relates to site compatibility and second issue relates public convenience and necessity
to approve alcoholic beverage license at the project site. The proposed bar/nightclub is located in a C-
2 General Commercial Zone. Lodi Municipal Code Section 17.39 permits bars and nightclubs in C-2
General Commercial zone properties after securing a Use Permit from the Planning Commission.
The Planning Staff prepared a staff report (attached) and a presentation for the project to the Planning
Commission for it's meeting on April 14, 2010. As discussed in the Planning Commission staff report,
key issues related to approval of billiard/pool halls, bars, taverns, and nightclubs involve the
appropriateness of the location and whether or not such establishments can operate without detriment
to nearby residences and general welfare of the surrounding area.
Although bars, billiard/pool halls and live entertainment establishments are permitted in a C-2 zoning
district, the Lodi Municipal Code § 17.73.020(E) requires a minimum of a 300 foot buffer zone
between residential properties and nightclubs. The project site is less than 75 feet of adjoining single
family residential properties. This creates an incompatible mix of land uses. Prior to the Planning
Commission meeting, staff contacted the Lodi Police Department for their comments regarding the
location of the proposed pool hall/nightclub. The Police Department is concerned with the
appropriateness of a nightclub so close to residences and another bar, EI Rancho Sports Lounge. The
Police Department currently receives numerous noise and public disturbance complaints from
neighboring residents as a result of activity occurring at the El Rancho. In addition to the noise
produced by the music, neighboring residents have also complained of noise and disturbances
caused by the patrons. Entertainment Permits are for a variety of entertainment activities that are
incidental or occasional to a main use, and per Lodi Municipal Code § 17.73.020 are not to be granted
for activities that create public nuisance, disrupt the peace, obstruct traffic, damage property and other
similar disruptive causes.
The second issue relates to public necessity and convenience. Section 17.72.040 of the Lodi
Municipal Code requires a Use Permit for new Off -Sale and On -Sale alcohol licenses as well as
changes in license type while the State Department of Alcoholic Beverage Control primarily controls
issuance of licenses based on population and concentration of licenses. The project area is within
Census Tract 45, which covers the area south of the Mokelumne River, north of Lodi Avenue, east of
the Union Pacific Rail Road (U.P.R.R), and west of Guild Avenue. The area contains 14 active on -sale
licenses with only seven on -sale licenses permitted. In order to approve additional license, the City
must make a finding of public necessity and/or convenience. Staff feels a finding of public necessity
and/or need cannot be made on this case simply due to over -concentration.
At the hearing, testimony was received from one of the residential neighbors who opposed the
proposed bar nightclub. The neighbor expressed her fear of excessive noise, littering and loitering
should the nightclub be approved. She complained of the EI Rancho Sports Lounge, whose patrons
have caused numerous problems including public drunkenness, vandalism of cars and businesses,
public urination and other illegal and disruptive activities.
CONCLUSION: Staff believes that the proposed project is incompatible with the abutting
residential neighborhood. As a result of the Police Department's concerns,
coupled with the land use incompatibility and the applicant's history, staff is requesting that the City
Council deny the appeal and uphold the Planning Commission's decision to deny the proposed
project in its entirety.
Noe Juarez Luna Appeal
Page 3 of 3
FISCAL IMPACT: Not Applicable
FUNDING AVAILABLE: Not Applicable
Konra t Bantam
Community Development Director
IBlkjc
Attachments:
1. Appeal letter
2. Planning Commission Resolution PC 10-09
3. Draft minutes for the April 14,2010, Planning Commission meeting
4. Staff Reportfiom the April 14,2010, Planning Commission meeting
APPEAL FORM
To: CIM &Oml-"
(Approp I
to Department Head)
From: City Clerk's Office
Date: --`'I C)
This is to notify you that our office has received the attached letter of appeal from
the following:
Name qoe -aaV--e--z .. �uyy_
Address i 1
Phone Numbers �M- Ia s-�1 `I T
Subjec
Check list:
Jill v!!!E
IWO "I, I a I a "Ib 111� 111�16 M
Citv Clerk's Office
-Inform appellant he will be contacted by appropriate Department
Head to set dates.
Department Head
❑ City Council meeting date for setting Public Hearing
(City Clerk to prepare Council Communication)
(Date)
❑ City Council meeting date for Public Hearing
(Department Head to prepare Council Communication) (Date)
❑ Department Head notify appellant by phone of meeting dates.
Return completed Appeal Form to the City Clerk's Office.
April 16, 2010
To: Planning Commission
From: Noe Juarez Luna
Re: Appellation Notice
2CIC Apo 19 PM 2' 32
CIT Y CLEi; t,.
CITY OF LODI
I disagreed with the decisions of the Planning Commission and am taking action with my
right to appeal. Code Section 17.72.110.
I, Noe Juarez Luna, am writing this letter in accordance to the Planning Conmission
Action that was rejected, I believe that my request should be carefully reviewed and re
considered. I hope to see my papers reviewed and hope to see some progress towards my
request. I wanted to note that in the year of 2008 I also filed for this same request at a
different location, the city and the council gave me the opportunity to start working and
approval this for six months and after those six months they gave me my permanent
license. I hope to see that you give me the same opportunity to prove to the city of Lodi
and Council that I am capable of handling my business properly. Thank you for your time
and consideration any questions please contact me (209) 608-7344.
With this appeal letter are attached my license permit and some other recommendations.
Sincerely,
Noe Juarez Luna
CITY COUNCIL
LARRY D. HANSEN, Mayor
CITY OF L O D I
PHIL KATZAKIAN,
Mayor Pro Tempore
Community Development Department
SUSAN HITCHCOCK
CITY HALL, 221 WEST PINE STREET
BOB JOHNSON
P.O. BOX 3006
JOANNE MOUNCE
LODI, CALIFORNIA 95241-1910
(209) 333-6714 - Building
(209) 333-6711 - Planning & Community Improv
(209) 333-6842 - Fax
www.lodi.gov
January 21, 2009
Noe Juarez Luna
1127 South Mills Avenue
Lodi, CA 95242
Subject: La Luna live entertainment permit — 910 S. Cherokee Lane
BLAIR KING, City Manager
RANDI JOHL, City Clerk
D.STEPHEN SCHWABAUER
City Attorney
Mr. Luna:
The La Luna Restaurant was granted a Live Entertainment Use Permit on August 27,
2008 that allows live music and dancing on a limited basis in conjunction with the
operation of a sit-down restaurant. The Use Permit was granted with a number of
conditions that were intended to make the operation more compatible with the
surrounding neighborhood. This letter is to notify you that City has received complaints
regarding the live entertainment activities of your business. The Police Department has
received several complaints regarding noise, exceeding the customer capacity of the
building and the presence of juveniles during live entertainment hours.
am including a copy of the some of the relevant conditions of approval for your live
entertainment permit that we think you may be in violation. They include the following:
1. No one under the age of twenty-one (21) years of age shall be allowed in the
premise after the hours of 9:30 pm during Live Entertainment nights on Friday
and Saturday.
2. Noise emanating from the property shall be within the limitations prescribed by
the City's Noise Ordinance and shall not create a nuisance to surrounding
residential neighborhoods and/or commercial establishments. Exterior doors of
the restaurant shall remain closed with the exception of ingress and egress during
periods of live entertainment and dancing.
3. Live entertainment shall be limited to Friday and Saturday evenings between the
hours of 9:30 pm and midnight, and shall be limited to the interior of the building
as delineated by the floor plan submitted to the Planning Commission.
4. Within 6 -months of the date of the start of live entertainment a noticed Public
Hearing shall be held to review the status of the operation and any concerns or
problems.
You should take note of these conditions and make sure that you are complying with all
of them, In particular you should make sure that there are not any minors (persons
under 21 -years of age) in the establishment after 9:30 pm when live entertainment is
taking place. You must also keep noise at a level that does not exceed the City Noise
Ordinance. Generally, this means that noise should not be so loud as to bother people
on surrounding properties, particularly any nearby residences. This may require turning
down any music or singing so it can not be heard outside of the building. Finally, you
must make sure that you do not exceed the capacity of the restaurant as determined by
the Lodi Fire Marshal. The number of people allowed in the building should be posted
somewhere in the building.
You should resolve all of these problems before the time of your next public hearing to
review your permit. If the Planning commission feels that you are not complying with the
conditions of your Use Permit, they can modify or revoke your Live Entertainment Permit.
We hope we can have your cooperation in this matter.
Sincerely;--
f
vid Morimoto
Senior Planner
CC: Sgt. Martinez, Lodi Police Dept.
Immanuel Bereket. Planner
September 11, 2008
Noe Juarez Luna
1127 South Mills Avenue
I C,di, C� r
SUBJECT: use permit application: 08-U-09
La Luna live entertainment Conditional Use Permit
910 South Cherokee Lane, Lodi.
Dear Mr. Luna:
BLAIR KING, City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER,
City Attorney
RANDY HATCH,
Community Development
Director
At its meeting of Wednesday, August 27, 2008; the Lodi City Planning Commission
approved your request for a Use Permit to allow Live Entertainment and Dancing at the
La Luna Restaurant located at 910 South Cherokee Lane, Lodi.
The Planning Commission's approval is based on the findings and conditions set forth by
Resolution No, PC 08-22 (enclosed). Please note that condition 5 requires review of
your Use Permit 6 -months after your first live entertainment and dancing event. The
review is a "noticed" public hearing, which is subject to payment of application fees. You
must notify the Community Development Department when your first live entertainment
and dancing event will be held, Furthermore, condition 6 requires that at least two
security people shall be present during live entertainment hours.
Should you have any question, please feel free to contact this office at the address or
phone number listed above. 4
Sincerely,
Immanuel Bereket
Assistant Planner
C.FITY OF LODI
CITY COUNCIL
JOANNE MOUNCE, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
_
SUSAN HITCHCOCK
COMMUNITY DEVELOPMENT DEPARTMENT
BOB JOHNSON
PLANNING DIVISION
PHIL KATZAKIAN
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6711 / FAX (209) 333-6842
www Iodi gov
September 11, 2008
Noe Juarez Luna
1127 South Mills Avenue
I C,di, C� r
SUBJECT: use permit application: 08-U-09
La Luna live entertainment Conditional Use Permit
910 South Cherokee Lane, Lodi.
Dear Mr. Luna:
BLAIR KING, City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER,
City Attorney
RANDY HATCH,
Community Development
Director
At its meeting of Wednesday, August 27, 2008; the Lodi City Planning Commission
approved your request for a Use Permit to allow Live Entertainment and Dancing at the
La Luna Restaurant located at 910 South Cherokee Lane, Lodi.
The Planning Commission's approval is based on the findings and conditions set forth by
Resolution No, PC 08-22 (enclosed). Please note that condition 5 requires review of
your Use Permit 6 -months after your first live entertainment and dancing event. The
review is a "noticed" public hearing, which is subject to payment of application fees. You
must notify the Community Development Department when your first live entertainment
and dancing event will be held, Furthermore, condition 6 requires that at least two
security people shall be present during live entertainment hours.
Should you have any question, please feel free to contact this office at the address or
phone number listed above. 4
Sincerely,
Immanuel Bereket
Assistant Planner
S
CARNEGIE FORUM I AGENDA I REGULAR SESSION
305 WEST PINE LODI WEDNESDAY,
STREET
APRIL 14,2010
LODI, CALIFORNIA PLANNING COMMISSION
a@ 7:00 PM
For information regarding this agenda please contact:
Kari Chadwick @ (209) 333-6711
Community Development Secretary
B -0 -LE, All staff reports or other written documentation relating to each item of business referred to on the agenda are
on file in the Office of the Community Development Department, located at 221 W. Pine Street, Lodi, and are
available for public inspection. If requested, the agenda shall be made available in appropriate alternative formats to
persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U -S. C. Sec,
12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability -
related modification or accommodation contact the Community Development Department as soon as possible and at
least 24 hours prior to the meeting date.
1. ROLL CALL
2 MINUTES - "March 24, 2010"
3. PUBLIC HEARINGS
a. Request for Planning Commission approval of a variance to increase the size o f' a second
dwellinly unit from 400 square feet to 673 square feet. (Applicant: I lazoor Shah; File #:
10-A-01).
b. Request for Planning Commission approval of a Use Pen -nit to allow a Type 48 On -Sale
General ABC license at 651 North Cherokee Lane, Suite E. (Applicant: Noe Juarez Luna.
File Number: 10-U-01)
NOTE: The above items are quasi-judicial hearings and require disclosure of ex parte communications as set
forth in Resolution No. 2'006-31
4 1 LANNING MATTERS/FOLLOW-UP ITEMS
5. ANNOUNCEMENTS AND CORRESPONDENCE
0. ACTIONS OF THE CITY COUNCIL
a. Council Summary Memo
7. GENERAL PLAN UPDATE/DEVELOPMENT CODE IJPDATE
8 ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE
9. ART IN PUBLIC PLACES
10. COMMENTS BY THE PUBLIC
1 1, COMMENTS 13Y THE PLANNING COMMISSIONERS & STAFF
12. ADJOURNMENT
Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least
72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.
RESOLUTION NO. P.C. 10-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI DENYING
THE REQUEST OF THE NOE JUAREZ LUNA FOR USE PERMIT TO ALLOW ON -SALE BEER,
WINE AND DISTILLED SPIRITS ALCOHOLIC BEVERAGE CONTROL LICENSE AND LIVE
ENTERTAINMENT PERMIT AT 651 NORTH CHEROKEE LANE.
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public
hearing, as required by law, on the requested Use Permit in accordance with the
Government Code and Lodi Municipal Code Chapter 17.84, Amendments; and
WHEREAS, an application was filed by Noe Juarez Luna 1127 South Mills., Lodi, CA 95242; and
WHEREAS, the project site is located at 651 North Cherokee Lane, Suite E., Lodi, CA 95240; and
WHEREAS, the project site is owned by Kay Tayler Investment II LLC., 5466 Ridgeview Circle.,
Stockton, CA 95219-7190; and
WHEREAS, the property has a General Plan designation of GC, General Commercial and is zoned C-2,
General Commercial; and
WHEREAS, the requested Use Permit to allow live entertainment in conjunction with the operation of a
restaurant with a Type 48 On -sale General License and sale of alcohol is an enforcement
action in accordance with the City of Lodi Zoning Ordinance; and
WHEREAS, Census Tract 45 in which the project site is located currently has over -concentrated of
licenses allowing the sale of beer, wine and distilled spirits for consumption where sold; and
WHEREAS, because Census Tract 45 has an over concentration of off -sale wine, beer and distilled
spirits licenses, the Planning Commission must make a finding of necessity and/or public
convenience in order to permit the issuance of an additional off -sale Alcohol Beverage
Control license in this tract; and
WHEREAS, the State Department of Alcoholic Beverage Control has training available that clearly
communicates State law concerning the sale of alcoholic beverages.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
NOW, THEREFORE, BE IT FOUND that the Planning Commission of the City of Lodi incorporates
the staff report and attachments, project file, testimony presented at the time of the hearing, and
written comments, on this matter, and make the following findings:
The project was found to be Categorically Exempt according to the California Environmental Quality
Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement action by
regulatory agencies" because it is the "adoption of an administrative decision or order enforcing or
revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule,
standard, or objective." No significant environmental impacts are anticipated and no mitigation
measures have been required.
2. Although the proposed Use Permit request is consistent with the City's General Plan and Zoning
Ordinance, it will not facilitate orderly distribution of Alcoholic Beverage Control licenses within the
City, in that there is a high concentration of existing Alcoholic Beverage Control on census tract 45
and there are similar bar type establishments in the immediate vicinity of the project area, and
therefore, a new use offering the same services is not appropriate as it would further over -
concentrate the subject census tract.
3. The proposed use is not consistent with the objectives of the Zoning Ordinance and the purposes of
the district in which the use is located. Although a pool hall/billiard hall bar/nightclub is a permitted
use in the General Commercial (C-2) zone, City of Lodi Municipal Code Section 17.73.020 (E) of the
Zoning Ordinance requires a minimum of three hundred feet of buffer zone between residential and
these types of establishments. This requirements is in effect to ensure any proposed project,
including existing projects, must be compatible with surrounding land uses, including the protection
of the quiet enjoyment of existing residential development, and reducing the level of adverse impacts
on existing homeowners associations, or private property. City staff and the Lodi Police Department
JACommunity Development\Planning\RESOLUTIONS\2010\4-14\PCres 10- 10-U-01 Noe Juarez Luna BLUE SHEET.doc
have received complaints regarding the noise impacts of emanating from a bar similar to the
proposed project located within proximity of the project site, outdoor loitering, and incompatible
hours of operation that negatively impact the privacy and enjoyment of the residential neighborhood
west of the applicant's tenant space. As proposed, the project will be detrimental to the health,
morals, comfort and welfare of persons residing or working in the neighborhood of the proposed use,
and to property or improvements in the neighborhood, and will be contrary to the general public
welfare, and in violation of Lodi Municipal Code Section 17.72.080 of the Zoning Ordinance.
4. The proposed project is not compatible with the surrounding area, which is comprised of residential
neighborhoods to the west, and the tenants of the commercial center. The residents located west of
the applicant's tenant space are negatively affected by excessively disruptive noise occurring in a
similar establishment located within the project vicinity (EI Rancho Sports Bar) and loitering
associated with the EI Rancho Sports Bar. The proposed project would intensify these impacts.
5. The proposed use will be detrimental to the public health and safety, or welfare. The proposed live
entertainment would be more than just an ancillary use, attracting more patrons to the bar and on-
site loitering and noise impacts at late hours, and likely requiring more public safety service to try to
maintain the required compatibility between the proposed project and the residential neighborhood
to the west.
6. The proposed use will not comply with each of the applicable provisions of the Zoning Ordinance.
The Lodi Municipal Code requires compatibility with existing and proposed surrounding land uses.
The proposed nightclub use with live entertainment is not compatible with the adjacent residential
neighborhood to the west, in that the proposed hours of live entertainment will negatively impact the
privacy and quiet enjoyment of nearby residents.
7. The proposed use is not consistent with the goals, objectives, and policies of the General Plan.
Policy 7 of the General Plan Noise Element defines residences are noise -sensitive land uses. The
City's General Plan Policy 8 mandates the City deny projects classified as normally unacceptable
projects and incompatible with adjacent land uses. A similar use next door, without live
entertainment services, has proven to be incompatible with the adjacent residential neighborhood to
the west regarding excessively loud noise, on-site loitering, and hours of operation. The proposed
use of the tenant space as a nightclub will negatively intensify these impacts to the surrounding
neighboring.
8. The sale of alcoholic beverages for on- and off -premise consumption as part of a hotel is a
permitted use in the General Commercial (C-2) zoning district. The sale and consumption of
alcohol can sometimes result in customer behavior problems that can require police
intervention.
NOW, THEREFORE, BE IT DETERMINED, AND RESOLVED, that the Lodi Planning Commission
hereby denies Use Permit Application No. 10-U-01.
Dated: April 14, 2010
1 hereby certify that Resolution No. 10-09 was passed and adopted by the Planning Commission of
the City of Lodi at a regular meeting held on April 14, 2010, by the following vote:
AYES: Commissioners: Hennecke, Kirsten, Kiser, Mattheis, and Chair Cummins
NOES: Commissioners: None
ABSENT: Commissioners: Heinitz and Olson
ATTEST:
Secretary, Planning Commission
JACommunity Development\Planning\RESOLUTIONS\2010\4-14\PCres 10- 10-U-01 Noe Juarez Luna BLUE SHEET.doc 2
DRAFT
LODI PLANNING COMMISSION
REGULAR COMMISSION MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 14, 2010
1. CALL TO ORDER / ROLL CALL
The Regular Planning Commission meeting of April 14, 2010, was called to order by
Chair Cummins at 7:00 p.m.
Present: Planning Commissioners — Hennecke, Kirsten, Kiser, Mattheis, and Chair Cummins
Absent: Planning Commissioners — Heinitz and Olson
Also Present: Community Development Director Konradt Bartlam, Assistant Planner Immanuel
Bereket, Deputy City Attorney Janice Magdich, and Administrative Secretary Kari
Chadwick
2. MINUTES
"March 24, 2010"
MOTION /VOTE:
The Planning Commission, on motion of Commissioner Kirsten, Kiser second, approved the
Minutes of March 24, 2010 as written. (Commissioner Mattheis abstained due to his absence
from the subject meeting)
3. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is on
file in the Community Development Department, Chair Cummins called for the public hearing
to consider the request for a variance to increase the size of a second dwelling unit from 400
square feet to 672 square feet at 1320 South Washington Street.
Assistant Planner Bereket gave a brief PowerPoint presentation based on the staff report.
Mr. Bereket pointed out the email received by Mr. and Mrs. Daniels expressing their
concerns. Staff is recommending approval of this application
Commissioner Kirsten asked if the applicant did the work. Mr. Bereket stated that he did not.
Hearinq Opened to the Public
• Hazoor Shah, applicant, came forward to answer questions.
• Commissioner Kirsten asked if the unpermitted work was disclosed at the time of the
purchase. Mr. Shah stated that he was told that the work may have been done
without permits.
Public Portion of Hearing Closed
MOTION /VOTE:
The Planning Commission, on motion of Commissioner Kirsten, Kiser second, approved
the request of the Planning Commission for a variance to increase the size of a second
Continued DRAFT
dwelling unit from 400 square feet to 672 square feet located at 1321 South Washington
Street subject to the conditions in the attached resolution. The motion carried by the
following vote:
Ayes: Commissioners — Hennecke, Kirsten, Kiser, Mattheis, and Chair Cummins
Noes: Commissioners — None
Absent: Commissioners — Heinitz and Olson
b) Notice thereof having been published according to law, an affidavit of which publication is on
file in the Community Development Department, Chair Cummins called for the public hearing
to consider the request for a Use Permit to allow a Type 48 On -Sale General ABC license at
651 North Cherokee Lane, Suite E.
Assistant Planner Bereket gave a brief PowerPoint presentation based on the staff report.
Mr. Bereket stated that the findings should be taken from the resolution on the Blue Sheet.
Staff is recommending denial of this application.
Vice Chair Hennecke asked if the applicant is asking for a 300 foot waiver. Mr. Bereket
stated that the applicant is asking for the Planning Commission to ignore that condition.
Hearing Opened to the Public
• Noe Juarez Luna, applicant, came forward to ask for a chance to prove that he can
operate this business at this location without disturbing the residential neighbors.
• Chair Cummins asked how far away the current location is from this location. Mr.
Luna stated that it is next door to this project. Mr. Bereket pointed out the location on
the map.
Commissioner Kirsten stated that he can appreciate Mr. Luna's situation and the
desire he has to stay in business, but if the Planning Commission approves a project
like this it could set a precedence that may end up reflecting badly on them. The
Commission has to consider the surrounding residences and the opinion of staff.
The 300 foot buffer is there for a reason. Mr. Luna stated that he is not going to use
the back parking lot for customer parking. This should help avoid noise being next to
the residences. Mr. Bartlam stated that one of the concerns staff had was that back
parking lot and the fact that it can not been seen easily by police patrol. Kirsten
asked if Mr. Luna talked with the Police Department before applying. Mr. Luna stated
that he did and the officer he spoke to stated that the Police Department does not
reject projects they only make recommendations.
Commissioner Kiser stated that he understands what Mr. Luna is going through, but
he still has to consider the surrounding area. He would like to see the project in a
different location. Mr. Luna stated that he has spoken with the residents that border
the project site and they do not have a problem with the project. The problem with
the EI Rancho is that the space is too small and people filter outside and leave the
doors open.
• Hennecke asked staff to update the Commission on what type of license the EI
Rancho has. Mr. Bartlam stated that the EI Rancho has the same type of license that
Mr. Luna is asking for. Hennecke asked how far the residential area is from the EI
Rancho. Mr. Bartlam stated that the building is 200 to 250 feet from the residential
zone. The 300 foot mark was established because of past experiences and staff is
confident that it is a fair distance.
Chair Cummins asked if Mr. Luna currently holds a beer and wine license with the
restaurant. Mr. Luna stated that he does hold a beer and wine license, but the
2
Continued DRAFT
restaurant didn't do well. Commissioner Kiser stated that the license was good at a
different location. Mr. Bartlam stated that the difference between the two locations is
the current location is a restaurant and the proposed is not. There will be a
completely different atmosphere from an establishment that serves food with alcohol
and what is essentially going to be a nightclub/bar.
• Gloria Juarez, Sonora Avenue resident which is directly behind the project location,
came forward to object to the project. She stated that she did not speak with Mr.
Luna. This project is too close to her home.
Public Portion of Hearing Closed
• Commissioner Kirsten stated that he would like to see Mr. Luna try opening this
business in another location.
MOTION /VOTE:
The Planning Commission, on motion of Commissioner Kirsten, Kiser second, denied the
request of the Planning Commission for a Use Permit to allow a Type 48 On -Sale
General ABC license at 651 North Cherokee Lane, Suite E subject to the conditions in
the attached resolution. The motion carried by the following vote:
Ayes: Commissioners — Hennecke, Kirsten, Kiser, Mattheis, and Chair Cummins
Noes: Commissioners — None
Absent: Commissioners — Heinitz and Olson
4. PLANNING MATTERS/FOLLOW-UP ITEMS
None
5. ANNOUNCEMENTS AND CORRESPONDENCE
None
6. ACTIONS OF THE CITY COUNCIL
Director Bartlam referenced the memo in the packet and stated that staff is available for
questions. He also stated that the City Council adopted the General Plan last week unanimously.
The Housing Element should be made available to the Commission in the near future. Mr.
Bartlam also announced that he has taken on the Interim City Manager's position, but will
continue his duties with the Community Development Department.
7. GENERAL PLAN UPDATE/DEVELOPMENT CODE UPDATE
Director Bartlam stated that staff has provided a letter that was received recently from the Farm
Bureau. It is the only correspondence received since the Planning Commission's
recommendation. Staff is working on the new zoning map and the new zoning code will be
brought to the Commission for final say.
8. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE
None
9. ART IN PUBLIC PLACES
Commissioner Kirsten updated the Commission on the Crane Sculpture situation.
10. COMMENTS BY THE PUBLIC
Continued DRAFT
None
11. COMMENTS BY STAFF AND COMMISSIONERS
Director Bartlam asked if the Commission would please close the meeting in memory of
Commissioner Olson's Mother who passed away this week.
12. ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was
adjourned at 7:45 p.m.
ATTEST:
Konradt Bartlam
Planning Commission Secretary
CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE: April 14, 2010
APPLICATION NO: Use Permit: 10-U-01
REQUEST: Request for Planning Commission approval of a Use Permit to allow a
Type 48 On -Sale General ABC license at 651 North Cherokee Lane,
suite E. (Applicant: Noe Juarez Luna. File Number: 10-U-01.)
LOCATION: 651 North Cherokee Lane, Suite E., Lodi, CA. (APN: 041-274-51)
PROPERTY OWNER: Kay Tayler Investment II LLC., 5466 Ridgeview Circle., Stockton, CA
95219-7190
APPLICANT: Noe Juarez Luna., 1127 South Mills., Lodi, CA 95242.
RECOMMENDATION
Staff recommends the Planning Commission deny without prejudice the requested Use Permit
based on findings in the attached resolution.
PROJECT/AREA DESCRIPTION
General Plan Designation: GC, General Commercial
Zoning Designation: C-2, General Commercial
Property Size: 2.56 Acres. The tenant space measures approximately 3,600 sq.
ft.
The adjacent zoning and land use are as follows:
North: C-2, General Commercial. The existing uses north of the project site are a mixture of
retail commercial, offices and service businesses.
South: C-2, General Commercial. There are a variety of commercial uses to the south, types
of businesses found on Cherokee Lane.
East: State Highway 99 and a 24 recreational facility.
West: R-2, Single Family Residences. The area immediately west of the project site
consists of single family residences. There is only approximately 75 ft of buffer zone
between the commercial district (the project site) and the residences to the west.
Project Description
The owners of La Luna restaurant, currently located at 910 South Cherokee Lane, would like to
move the restaurant to a neighborhood commercial center located at 651 North Cherokee Lane,
Suite E and reopen the business as a billiard/pool hall featuring live music and dancing. The change
in the nature of the business from a bone fide restaurant to the proposed use necessitates change in
ABC license type. The restaurant currently owns a Type -47 On -Sale General (Restaurant) Alcoholic
Beverage Control license. The applicant's proposed use requires a Type 48 On -Sale General -Public
Premise — (bar, nightclub) license. Type 48 ABC license is typically issued to nightclubs. Both ABC
licenses permit the sale of beer, wine and distilled spirits. The proposed hours of operation of the
establishment will be are from noon to 1:30 a.m. Monday -Saturday and from noon to10:30 p.m. on
Sundays.
JACommunity Development\Planning\STAFF REPORTS\2010\4-14
In addition, the proposed establishment will have music, dancing and guest performers. Commercial
amusements activities are required to obtain a Use Permit per Chapter 17.73 of the Municipal Code.
Bars/dance clubs and places where primary receipt sales are from sale of alcohol and dancing have
been interpreted to fall into this category. As proposed, music and dancing would occur on
Thursday, Friday and Saturday evenings commencing at 9:00 pm until closing time.
Staff contacted the State Department of Alcoholic Beverage Control to verify the hours of operation
and types of uses being proposed. According to ABC staff, the planned operation stated in their
application is a tavern and live entertainment. Since the State Department of Alcoholic Beverage
Control typically issue a Type 48 Alcoholic Beverage Control license to bars and nightclubs that offer
commercial entertainment, staff has treated the applicant's project as a bar/nightclub.
SUMMARY
The applicant, Mr. Noe Juarez Luna, is requesting a Use Permit approval to allow a Type 48 On -
Sale General Public Premises (Bar, Night Club) license in conjunction with billiard hall/pool hall and
live entertainment/dancing in the C-2, General Commercial zoning district. The applicant currently
holds Type 47 On -Sale General Eating Place (Restaurant) license, which authorizes the sale of
beer, wine and distilled spirits for consumption on the licenses premises. The proposed project site
currently has an over -concentration of Alcoholic Beverage Control licenses. Findings of public
necessity and/or convenience are required in order to approve additional license within the project
census tract. The live entertainment portion of the request would consist of a band, single
performers, a disc jockey (DJ), karaoke, and an associated dancing area. The applicant was
previously granted a Use Permit by the Planning Commission to conduct live entertainment on
Friday and Saturday nights at their current location.
BACKGROUND
The applicant, Mr. Noe Juarez Luna, owns and operates La Luna Restaurant located at 910 South
Cherokee Lane. The restaurant obtained Type 47 On -Sale General license some 24 years ago, prior
to implementation of the City's Use Permit requirements. In the summer of 2008, the applicant
requested a Use Permit to allow live entertainment at the restaurant on limited basis. At their regular
hearing of August 27, 2008, the Planning Commission approved the Use Permit request to allow live
entertainment.
Staff met with the applicant on at least three occasions (February 4 and 24, 2010 and March 16,
2010) to clarify issues relating to the proposed project The applicant also met with the Police
Department on February 24, 2010. The majority of issues were resolved during the February 24,
2010, meeting regarding the project description and the City's requirements for establishments that
wish to offer live entertainment as the main service. It was made clear to the applicant during the
February 24, 2010 meeting that the change in the nature of the business requires changing his Type
47 ABC license to Type 48 (bar/night club) ABC license and, as such, the project site isn't suitable
for a bar/nightclub offering live entertainment. During the meeting of March 16, 2010, the applicant
provided hours of operation and the types of entertainment likely to be featured. Staff again made it
clear that the Police Department has expressed concerns relating to noise and City staff also pointed
out the proposed use violates the Live Entertainment Ordinance due to proximity of the residences
to the project site (LMC 17.73). The applicant was made aware the project site is not acceptable for
a bar/tavern or a pool/billiard hall with live entertainment. It was made clear to the applicant staff
intended to recommend denial of the application.
The project site is zoned commercial and contains a variety of businesses, including eating
establishments and offices. A church formerly occupied one of the tenant spaces but has since
vacated the premise. The project suite was previously used by Blue Shield as a satellite office and
is currently is vacant. The zoning designation allows the proposed used subject to a Use Permit
review and approval by the Planning Commission.
JACommunity Development\Planning\STAFF REPORTS\2010\4-14 2
ANALYSIS
Site Layout: The subject site is within a neighborhood commercial center located at 651 North
Cherokee Lane, Suite E. The shopping center consists of two buildings situated along the south and
west perimeter. The shopping center is bounded by Pioneer Drive on the north, by Cherokee Lane
on the east, by commercial parcels on the south and by single-family residences on west. Standard
parking stalls and a drive isle separate the residences from the commercial buildings. The project
tenant space is located at the west end of the southern building, the closest point to the single family
residences (see Attachment C).The building stands less than 75 feet away from the adjoining
residential properties. No modifications to the site are proposed with this application. The
neighborhood commercial center currently contains eating establishments, a church and several
vacant suites. There is no active live entertainment permit within the neighborhood commercial
center.
Floor Plan: The existing floor plan consists of bathrooms, a kitchen (break room) and open tenant
space. It was previously used as a satellite office by Blue Shield. The proposed floor plan consists of
a stage, dance floor, removable chairs, a bar, storage rooms, office and billiard/pool tables. Primary
features of the proposed floor plan is a bar, audio/stage area and dance floor.
Parking/Circulation: The site contains two parking lots. The main parking lot contains 117 spaces.
There is a smaller parking lot located west of the buildings (adjacent to the single family residences)
and it contains 30 spaces. The main parking lot is accessible from Pioneer Drive and Cherokee Lane
and the secondary parking spaces are accessible from Pioneer Drive. Parking requirements for
neighborhood commercial centers are based on a flat rate for all uses in the center, and not by
describing each use in the center individually, unless the center has a high concentration of uses
with similar peak hours of operation.
Commercial Entertainment: The establishment, called La Luna, will be a full bar with entertainment
on Thursday, Friday, and Saturday nights from 9:45 p.m. until 1:30 a.m. For entertainment there will
be a "DJ", open microphone night, comedians, single musicians and singers, juke box, amplified
music, live entertainment, karaoke, patron dancing, and pool/billiard tables. The proposed uses
appear to indicate that the intent of the business is to function primarily as a bar/nightclub. In
accordance with the requirements of the State Department of Alcoholic Beverage Control, the
applicant will not allow patrons under 21 years of age in the establishment.
Project Review and Comments:
The applicant's project was referred to the Police, Fire and Building Departments for review and
recommendation. The key issues related to approval of a billiard/pool halls, bars, taverns, and
nightclubs involve the appropriateness of the location and whether or not such establishments can
operate without detriment to nearby residential uses and general welfare of the surrounding area. As
stated above, the site is located within a C-2 (General Commercial) zoning district and abuts
residences to the west (see attachment B). The subject property has historically operated as an
office but has been vacant for some time. Bars are a permitted use in the C-2 zoning district.
However, there are no bars or other establishments within this neighborhood commercial center that
provide live entertainment services due to site incompatibility. The nearest residences are located
less than 75 ft from the project site.
The City's Police Department has reviewed this request as well as activities related to similar uses in
the immediate vicinity. The Police Department currently receives numerous noise and public
disturbance complaints from neighboring residents as a result of activity occurring at the EI Rancho
Sports Lounge, located at 621 North Cherokee Lane (see attachment E). In addition to the noise
produced by the music, neighboring residents have also complained of noise caused by patrons.
JACommunity Development\Planning\STAFF REPORTS\2010\4-14
The Police Department believes that noise and/or public disturbance complaints would increase with
approval of the proposed project.
Although bars, billiard/pool halls and live entertainment establishments are conditionally permitted in
a C-2 zoned property, Lodi Police Department believes, and staffs concurs, that the proposed
project would result in an intensification of existing problems and continue to negatively impact the
adjoining residential properties. Entertainment establishments that are not properly operated can
create an environment with the potential for excessive noise generation and disorderly conduct by
patrons, particularly at closing times, with resultant adverse public safety impacts on the surrounding
businesses and residential communities. This has occurred with other similar establishment near the
project site in the past. The City has experienced a number of serious problems related to patron
conduct and lack of effective management at various bars with live entertainment venues throughout
the City. Other problems experienced include public drunkenness, vandalism of cars and
businesses, public urination and other illegal and disruptive activities. The applicants have indicated
there will be no separate private security company hired for purposes of policing the project as they
anticipate overseeing security arrangements themselves. Staff feels this would be inadequate and
could contribute to unruly behavior by their patrons and could create additional problems for the
Police Department. The Police Department have had to spend an inordinate amount of time
responding to calls from the EI Rancho Sports Bar to prevent and control major disturbances, which
has affected other areas of the City by depleting the availability of police resources.
Staff recommends the Planning Commission deny the Use Permit request as the existing and
proposed conditions do not mitigate all the concerns of incompatibility between the residential and
commercial uses. As shown in the site plan, the project site is within less than 75 ft of adjoining
single family residential properties whereas the LMC Sec. 17.73.020(E) requires a minimum of three
hundred feet buffer zone between residential properties and nightclubs. Staff believes the project
site is too close to residences, creating an incompatible mix of land uses. Staff anticipates noise
from the proposed billiard hall/pool hall, tavern, nightclub to adversely impact nearby residences.
According to Section 17.72.070 of the Zoning Ordinance, Use Permit may be approved if the
Planning Commission can make the following finding:
In granting any use permit, the Planning Commission shall find that the establishment,
maintenance or conducting of the use will not, under the circumstances of the particular case, be
detrimental to the health, morals, comfort or welfare of persons residing or working in the
neighborhood of the proposed use, or to property or improvements in the neighborhood, or will
not be contrary to the general public welfare (LMC 17.72.080).
In staff's opinion, the finding necessary to approve the Use Permit request cannot be made as
proposed. In the past, the City has approved commercial entertainment establishments that offer live
performances by musicians, comedians and other similar acts. Staff finds that the Downtown is a
favorable location for clubs and entertainment venues. Locations like Downtown have fewer
residents that could be adversely impacted by late night activities; those that chose to live downtown
are typically cognizant of the fact that these types of uses congregate around the downtown core;
there is adequate parking in parking lots and on the street, particularly late at night; a late night
business in the downtown is less likely to impact surrounding businesses since most are closed at
night; and a restaurant/nightclub/bar can compliment the other restaurants and bars in the
downtown, creating a dining and entertainment center for Lodi. Staff has suggested to the applicant
to consider another location for the project, but the applicant has indicated the project site is the area
of their interest.
Section 17.72.040 of the Lodi Municipal Code requires a Use Permit for new Off -Sale and On -Sale
alcohol licenses as well as changes in license type. The City established the Use Permit requirement
to gain local control over whether or not a license is appropriate for a particular location. The State
JACommunity Development\Planning\STAFF REPORTS\2010\4-14 4
Department of Alcoholic Beverage Control primarily controls issuance based on concentration of
licenses within a particular Census Tract. Census Tract 45 covers the area south of the Mokelumne
River, north of Lodi Avenue, east of the Union Pacific Rail Road (U.P.R.R), and west of Guild
Avenue. According to ABC, Census Tract 45 contains 14 existing ABC licenses with 7 on -sale
licenses allowed based on the ABC criteria. The commercial complex where the proposed project is
located currently has 1 Type -41 ABC licenses (Pizza World and Taqueria Casa Mexicana both hold
on -sale beer and wine licenses). Because this census tract is over -concentrated, the Planning
Commission must make a finding of public necessity or convenience in order to approve an
additional ABC license. Staff feels there is no justification to make a finding of public necessity or
convenience due to possible alcohol related problems this establishment could create to the area in
general and nearby residences in particular. This particular census tract has abundance of On and
Off sale general ABC licenses. Denial of this transfer request would not unnecessarily create
inconvenience to the public.
The Fire Department notes the assembly type uses, such as banquet halls, night clubs, taverns and
bars, require installation of hood above all cooking appliances, automatic sprinkler system
throughout the tenant space, and installation of fire alarm system that meets the California Fire
Code. The Fire Department also notes that maximum room occupancy would need to be
recalculated due to change in use from office to an assembly and a fire control room must be
provided. The applicant was informed of the City's requirements at the meeting of March 16, 2010.
Staff is recommending denial for the proposed project because findings necessary to approve the
proposed project cannot be made. Although staff recognizes the need for a thriving business to
expand, the proposed project is incompatible with the abutting residential neighborhood. As the
Police Department noted, there is a history of incompatibility between an existing bar near the
project site and the adjoining residences. Staff believes that the proposed project would have a
negative impact to the site and the surrounding residential neighborhood. The neighborhood
commercial center currently contains two eating establishments, a church and offices. Approval of
the proposed use would lead to increased calls for services to the Police Department, create
problems for the tenants of the neighborhood shopping center, and cause problems to the
surrounding residences. In order to grant a Use Permit, the Planning Commission is given an
opportunity to require conditions, and/or to approve or deny such proposals. In approving a Use
Permit, the Planning Commission must make a finding that the proposed project will not, under the
circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort,
and general welfare of persons residing or working in the neighborhood and that such proposed
project will not be detrimental or injurious to property and improvements in the neighborhood or to
the general welfare of the City. Staff is of the opinion such findings cannot be made in this case. As
a result of the Police Department's concerns, coupled with the land use incompatibility, staff is
requesting that the Planning Commission deny the proposed project in its entirety. The applicant has
been advised on numerous occasions the project site is incompatible with the proposed project and
staff recommends denial of the project as submitted.
ENVIRONMENTAL ASSESSMENTS
The project was found to be Categorically Exempt according to the California Environmental Quality
Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement action by
regulatory agencies" because it is the "adoption of an administrative decision or order enforcing or
revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule,
standard, or objective." No significant environmental impacts are anticipated and no mitigation
measures have been required.
PUBLIC HEARING NOTICE:
Legal Notice for the Use Permit was published on March 31, 2010. 54 public hearing notices were
sent to all property owners of record within a 300 -foot radius of the project site as required by
JACommunity Development\Planning\STAFF REPORTS\2010\4-14
California State Law §65091 (a) 3. Public notice also was mailed to interested parties who had
expressed their interest of the project. No protest letter has been received.
ALTERNATIVE PLANNING COMMISSION ACTIONS:
• Approve with additional/different conditions
• Deny the SPARC request
• Continue the request
Respectfully Submitted, Concur,
Immanuel Bereket Konradt Bartlam
Assistant Planner Community Development Director
ATTACHMENTS A. Vicinity Map
B. Aerial Photo
C. Site Plan
D. Floor Plan
E. Police Department Comment
F. Resolution
JACommunity Development\Planning\STAFF REPORTS\2010\4-14 6
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Immanuel Bereket
From:
Gary Benincasa
Sent:
Wednesday, February 24, 2010 4:26 PM
To:
Immanuel Bereket
Cc: David Main; JP Badel; Steve Price
Subject: RE: RE: 651 North Cherokee Ln
Manny,
We are opposing the issuance of this use permit for a couple of reasons. The site is adjacent to a residential area,
specifically single family homes on Sonora. I would anticipate continuous noise related complaints from those
residents. In addition, the site is adjacent with another bar, the EI Rancho. We receive regular calls for service for
disturbances at the EI Rancho and opine that disturbances could increase due to the close proximity of the two
establishments.
Gary
Captain Gary Benincasa
215 W. Elm St.
Lodi, CA 95240
(209) 333-6726
gbenincasa@pd.lodi.gov
From: Immanuel Bereket
Sent: Tuesday, February 23, 2010 09:46 AM
To: Gary Benincasa
Subject: RE: 651 North Cherokee Ln
Gary,
Attached is the site plan the City has on record. It appears as if the applicant cleaned up the site plan and
submitted as part of their application. I made remarks on the site plan (attached) to clarify some issues.
Further, I have extracted LMC regarding live entertainment. This site doesn't qualify for approval as it is
not at least three hundred feet away from a residential zone. I hope this helps.
Manny
17.73.020 Permitted live entertainment applications.
Requests for live entertainment permits shall be reviewed by the community development director subject
to the following conditions:
A. Music/performance may take place outdoors with an approved site plan.
B. Any amplification of entertainment outdoors is limited to the hours of eight a.m. to nine p.m.
C. The entertainment shall be clearly incidental to the primary use of the property (i.e., no stage or dance
floor may exist).
D. No nuisance is created by reason of noise increased traffic or other similar causes.
E. The property shall be a minimum three hundred feet from a residential zone.
03/23/2010
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Description
Case Id/
Date Agency Jv Book Id
09011176,
ROBBERY WITH KNIFE
12/31/2009
LPD
09009121,
PUBLIC INTOXICATION
10/13/2009
LPD
09003381,
ASSAULT- 245 PC
04/26/2009
LPD
03005240,
AUTO THEFT & ATTENIPT
06/06/2008
LPD
09011176 *LW128185*
09009121 *LW126119*
09003381 *LW121405*
08005240 *LW112081 *
Page 1
Use Permit to allow a Type 48 On -Sale General ABC license at 651 North
Cherokee Lane, suite E.
(Applicant: Noe Juarez Luna. File Number: 10-U-01.)
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Type 48 ABC License
•Issued to Bars/Nightclubs
• On -Sale beer, wine and distilled spirits
• No one under the age of 21 allowed
•Census Tract 45- Over Concentrated
Key Issues
• Site Compatibility
• Whether or not bars/nightclubs can
operate without detriment to nearby
residences and businesses
5/24/2010
Randi Johl,
City Clerk,
RECEIVED
MAY 2 7 ?nlfl
rByyof I� adi
Please do not allow the permit for the pool hall/nightclub at 651 N.
Cherokee Lane Suite E. With all of the gangs and violence
problem we do not need any more bars or nightclubs in this area
Thank You
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RESOLUTION NO. 2010-83
A RESOLUTION OF THE LODI CITY COUNCIL UPHOLDING THE
PLANNING COMMISSION'S DECISION OF APRIL 14,2010, TO DENY
REQUEST OF NOE JUAREZ LUNA FOR A USE PERMIT TO ALLOW A
POOL HALUNIGHTCLUB AT 651 NORTH CHEROKEE LANE, SUITE E
WHEREAS, notice thereof having been published according to law, an affidavit of
which is on file in the office of the City Clerk, a public hearing was held June 2, 2010, by
the Lodi City Council to consider the appeal of Noe Juarez Luna regarding the Planning
Commission's decision of April 14, 2010, to deny his request for a Use Permit to allow a
Pool Hall/Nightclub at 651 North Cherokee Lane, Suite E.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
uphold the Planning Commission's decision to deny the request of Noe Juarez Luna for
a Use Permit to allow a Pool Hall/Nightclub at 651 North Cherokee Lane, Suite E.
Dated: June 2, 2010
I hereby certify that Resolution No. 2010-83 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 2, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Hansen, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I JOHL
City Clerk
2010-83
Please immediately confirm receipt
cf this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER APPEAL OF NOE JUAREZ LUNA
REGARDING THE DECISION OF THE PLANNING COMMISSION TO
DENY A USE PERMIT FOR A POOL HALL/NIGHTCLUB AT 651 NORTH
CHEROKEE LANE, SUITE E
PUBLISH DATE: SATURDAY, MAY 22,2010
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO
DATED: THURSDAY, MAY 20,2010
ORDERED BY: RANDI JOHL
CITY CLERK
J IFER MAY
013190N, CMC
A ISTANT CLERK
RANDI JOHL, CITY CLERK
City cf Lodi
P. O Box 3006
Lodi, CA 95241-1910
MARIA BECERRA
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 369-1084 at (time) on D (date) ?- (pageS)
LNS Phoned to confirm receipt of aff p yes at (time JMR CF MB (initials)
formAadvins.doc
OF�
O
FOR
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDERAPPEAL OF NOE JUAREZ LUNA REGARDING
THE DECISION OF THE PLANNING COMMISSION TO DENY USE PERMIT FORA
POOL HALL/NIGHTCLUB AT 651 NORTH CHEROKEE LANE, SUITE E
On Friday, May 21, 2010, in the City of Lodi, San Joaquin County, California, a Notice of
Public Hearing to consider appeal of Noe Juarez Luna regarding the decision of the
Planning Commission to deny a Use Permit for a pool hall/nightclub at 651 North
Cherokee Lane, Suite E (attached and marked as Exhibit A) was posted at the following
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 May 21, 2010, at Lodi, California.
J NIFER f4 ROBIS N, 7CC
ASSISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOSTCDD.DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA BECERFW
ADMINISTRATIVE CLERK
DECLARATION OF MAILING
PUBLIC HEARING TO CONSIDER APPEAL OF NOE JUAREZ LUNA REGARDING THE
DECISION OF THE PLANNING COMMISSION TO DENY A USE PERMIT FOR A POOL
HALL/NIGHTCLUB AT 651 NORTH CHEROKEE LANE, SUITE E
On Friday, May 21, 2010, 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 Notice of
Public Hearing to consider appeal of Noe Juarez Luna regarding the decision of the Planning
Commission to deny a Use Permit for a pool hall/nightclub at 651 North Cherokee Lane,
Suite E, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto,
marked Exhibit B.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said envelopes were addressed.
declare under penalty of perjury that the foregoing is true and correct.
Executed on May 21, 2010, at Lodi, California.
ASSISTANT CITY CLERK
Fomis/decmail.doc
ORDERED BY:
RANDIJOHL
CITY CLERK, CITY OF LODI
MARIA BECERRA
ADMINISTRATIVE CLERK
• CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
[Date: June 2, 2010
Time: 7:00 p.m.
For information regarding this notice please contact:
Rand! Johl
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
Q C. i 1-1 R "ill
1EXt bo Al ---.
NOTICE S HEREBY GIVEN that on Wednesday, June 2, 2010, 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 item:
a) Appeal of Noe Juarez Luna regarding the decision of the Planning
Commission to deny a Use Permit for a pool hall/nightclub at
651 North Cherokee Lane, Suite E.
Information regarding this item may be obtained in the Community Development
Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are
invited to present their views and comments on this matter. Written statements may be
filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, 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 close of the public hearing.
*F
the Lodi City Council:
nd'
City Clerk
Dated: May 19,2010
D. Stephen Schwabauer
City Attorney
CLERK\PUBHEAR\NOTICES\NOTCDD.DOC 5/20/10
Noe Juarez Luna Appeal of Planning Commission Use Permit Denial 04-14-10 EXH I !T
OWNER
ADDRESS
CITY
STATE
ZIP
GONZALEZ, CESAR &
LORI K
720 GOLDEN AVE
LODI
CA
95240
AGANS, HAROLD L
712 N GOLDEN AVE
LODI
CA
95240
NEWFIELD, JOSEPH K
III & SHEIL
19000 N LOWER
SACRAMENTO RD
WOODBRIDGE
CA
95258
KANDOLA, SUDAGAR S
9632 WESTSIDE BLVD
ATWATER
CA
95301
RODRIGUEZ, PABLO &
CELINA
713 GOLDEN AVE
LODI
CA
95240
PRIEST, GREG
451 PIONEER DR
LODI
CA
95240
LOEBS, WILMA H
TRUSTEE
457 PIONEER DR
LODI
CA
95240
WEBER, CHARLES
463 PIONEER DR
LODI
CA
95240
GALLO, RAUL P
700 GOLDEN AVE
LODI
CA
95240
MIRANDA, ERASTO
444 PIONEER DR
LODI
CA
95240
MOLINA, JOSE
441 CONCORD ST
LODI
CA
95240
CAPPELLETTI, JUDDSON
PO BOX 396
HARDEEVILLE
Sc
29927
MOLINA, CARMEN & M
437 SONORA AVE
LODII
CAI 95240
NAVA, NEPOMUCENO &
MARIA DE JE
456 PIONEER DR
LODI
CAI 95240
ANAYA, BARBARA
441 SONORA AVE
LODI
CA
95240
BROWDA, DAVID
462 PIONEER DR
LODI
CA
95240
ROBERTSON, BILLY R &
SYBOL TR
970 EASY ST
MORGAN HILL
CA
95037
STEVENS, RENE R TR
717 F'AIRSITE CT
GALT
CA
95632
INEZS PARTNERS LP
1313 W LOCKEFORD ST
LODI
CA
95240
ARELLANO, JUAN L &
449 SONORA AVE
LODI
CA
95240
SUAREZ, VALENTE &
GLORIA R
500 SONORA AVE
LODI
CA
95240
CALLAHAN, STEVEN &
504 SONORA AVE
LODI
CA
95240
FERRY, CHRISTOPHER &
CAMI E
508 E SONORA AVE
LODI
CA
95240
PARAMO, SERAFIN P
512 SONORA AVE
LODI
CA
95240
FLICKINGER, PHILLIP
G
516 SONOFA AVE
LODI
CA
95240
DOUGHTY, MARLENE J
TR
520 SONORA AVE
LODI
CA
95240
WAHLEN, VIRGIL G & J
D
524 SONORA AVE
LODI
CA
95240
HUPPERT, INEZ A TR
ETAL
1313 W LOCKEFORD ST
LODI
CA
95240
GATES, DAVID L &
540 E HARNEY IN
LODI
CA
95242
HIRSCHKORN, MARGARET
G
469 MURRAY ST
LODI
CAI 95240
SAMANO, REFUGIO E &
FLORENTINA
463 MURRAY ST
LODI
CA
95240
ROUNAVAA.RA, DEBRA A
532 SONORA AVE
LODI
CAI 95240
OREGEL, SALVADOR
536 SONOFA AVE
LODII
CAI 95240
INVESTMENTS II LLC
Noe Juarez Luna Appeal of Planning Commission Use Permit Denial 04-14-10
R & P PROPERTIES
ETAL
(220 HARDING BL
ROSEVILLE
CAI 95678
KULP, JEANNETTE TR
518 ST CLAIRE
LODI
CA
95240
PITAMBER, RAMESH & K
ETAL
5151 WESTON WAY
GRANITE BAY
CA
95746
GARCIA, JOSE M ETAL
3023 E WOODSON RD
ACAMPO
CA
95220
MARTINEZ, ENGRACIA
20066 N KENNEFICK
RD
ACAMPO
CA
95220
MENDEZ, DOLORES
436 E SONORA ST
LODI
CA
95240
BARRETT, YVONNE MAY
501 SONORA AVE
LODI
CA
95240
MOJICA, TERESA
ELEANOR
511 E SONORA AVE
LODI
CA
95240
TERRY, JIMMY L &
3319 W EUCLID AVE
STOCKTON
CA
95204
SHOAIB. SHAKER
333 MISSION ST
LODII
CA
95240
HUYNH, NGHI NEE
1933 LINDA JEAN IN
MANTECA
CA
95337
HONG, HENRY & NGHI
1933 LINDA JEAN IN
MANTECA
CA
95337
HONG, HENRY & NGHI
1933 LINDA JEAN IN
MANTECA
CA
95337
HUYNH, NGHI NEE
1933 LINDA JEAN IN
MANTECA
CA
95337
YOSEMITE GARDENS
APARTMENTS
550 HOWE AVE SUITE
200
SACRAMENTO
CA
95825
YOSEMITE GARDENS
APARTMENTS
550 HOWE AVE SUITE
200
SACRAMENTO
CA
95825
YOSEMITE GARDENS
APARTMENTS
550 HOWE AVE SUITE
200
SACRAMENTO
CA
95825
Noe Juarez Luna
1127 S. Mills Ave
Lodi
CA
95242