HomeMy WebLinkAboutAgenda Report - September 1, 1993 (50)os
4 CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to Cnnsider Appeal from Marlo Kerner & 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 a Cocktail
Lounge at 1750 West Kettleman Lane (APN 058-160-86)
MEETING DATE: September 1, 1993
PREPARED BY: City Clerk
RECOM-MNDED ACTION: That City Council, by motion action, continue the public
hearing regarding the appeal from Marlo Kerner and Associates
to the regular City Council meeting of October 6, 1993.
BACKGROUND INFORMATION: The City Council set public hearing for September 1, 1993
to consider the appeal froti. Marlo Kerner & 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 a cocktail lounge at 1750
West Kettleman Lane (APN 058-160-86). Mr. Kerner has requested in a letter dated
August 12, 1993 (attached, marked Exhibit T) that the public hearing be continued to
October 6, 1993.
FUNDING: None required.
J' n fer . Perrin
City Cle
COUNC131/TXTA.02J/COUNC0M
01
APPROVED.
THOMAS A. PET: RSON recycled neper
City Manager
Jennifer Perrin
City Clerk
P.O. Box 3006
Lodi, CA 95241
Dear Ms. Perrin,
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.
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f
Sincerely, f
Mario Kerner
MARLO KERNER & ASSOCIATES
P. O. Box 1890
Lodi, California 95241
Phone (209) 368-0691
FAX (209) 368-0691
August 12, 1993 _,-��' "".
Cn
n
Dear Ms. Perrin,
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.
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Sincerely, f
Mario Kerner
MARLO KERNER & ASSOCIATES
P. O. Box 1890
Lodi, California 95241
Phone (209) 368-0691
FAX (209) 368-0691
CITY OF NODI
221 WEST PINS STREET
LODI, CALIFORNIA 95240
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF PUBLIC HEARING - APPEAL OF PLANNING COMMISSION
DENIAL OF REQUEST FROM MARLO KERNER & ASSOCIATES
PUBLISH DATES: SATURDAY, JULY 24, 1993
TEAR SHEETS WANTED: THREE
AFFIDAVIT AND BILL TO: JENNIFER M. PERRIN, CITY CLERK
DATED: JULY 21, 1993 ORDERED BY:� ']�`�`
P ICOLINI
DEPUTY CITY CLERK
DECLARATION OF MAILING
On July 22, 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 "8" attached hereto.
There is a regular daily communication by mail between the City of Lodi.
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing in true and correct.
Executed on July 22, 1993, at Lodi, California.
Jennifer M. Perrin
City Clerk
Peg .*icolini
Deputy City Clerk
DSC#01/TXTA.FRM
44.4 CITY OF LODI.
CARNEGIE FORUM
305 West Pine Street, Lodi
FRA
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NOTICE OF PUBLIC HEARING
Date: September 1, 1993
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 6 Associates regarding the Planning
Commissions 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 pilor
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 then Lodi City Council:
Perrin
City Clerk
Dated: July 21, 1993
Approved as to form:
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Bobby W. McNatt
City Attorney
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PETITION
WE, THE RESIDENTS OF LAKESHORE VILLAGE IN
LODI, CA.. HEREBY
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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.
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PETITION
WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY
PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY
AMARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21),.PLANNED
41iDEVELOPMENT DISTRICT N0.21, AS INDICATED IN THE "NOTICE OF
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PUBLIC HEARING" ,DATED JUNE 1, 1993.
NAME & ADDRESS DATE PHONE NUMBER
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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
�;:,t:,_•_ PUBLIC HEARING" DATED JUNE 1, 1993.
NAME & E� DATE PHONE NUMBER -
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t WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY
PROTEST THE REQUEST MADE TO THE PL.h'NING COMMISSION BY
MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED
DEVELOPMENT DISTRICT NO.21, AS INDICATED IN-fHE -NOTICE OF
`'- • • .° PUBLIC HEARING'.DATED JUNE 1, 1993.
'. NAME & ADDRESS DATE PHONE NUMBER
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P E T I T I O N a
WE, THE RESIDENTS OF LAKESHORE VILLAGE IN
LODI, CA.,
HEREBY
PROTEST THE REQUEST WXE TO THE PLANNING
COMMISSION
BY
MARLO KERNER AND MARLENE GUTIERREZ TO AiMIEND
P --D(21),
PLANNED
DEVELOPMENT DISTRICT NO.21, AS INDICATED
IN THE "NOTICE OF
PUBLIC HEARING" ,DATED JUNE 1, 1993.
NAME & ADDRESS LATE
PHONE
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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
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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), P"NNED
DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF
PUBLIC HEARING" DATED JUNE 1, 1993.
NAME & ADDRESS DATE PHONE NUMBER
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WE, THE RESIDENTS OF LAKESHORE VILLAGJE 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 3 PHONE NUMBER
33
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Mr. h Mrs. !toy- Denton
2207 Chaparral Ct.
Lodi, Ca. 1152.12
City of Lodi.
City Council
221 West Pine Street
Lodi, Ca
Mayor and City Council Members,
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Septemb• . ! looa "tii'i!,-' s' i'i<<itEii
GITY'CiEIR-.�:
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We are strongly urging the City Council to oppose the rezoning of property
at the corner of Kettleman and Lakeshore Drive.
The rezrning will adversely affect the value and livability of the
expensive homes in this quiet and well kept development. The proposed
Restaurant would bring in unwanted noise, odors/smoke, garbage/pests,
excessive traffic and people, along with alcohol related problems. The
hours of operation for such a restaurant would conflict with residents
"family prime time" and "quiet and Sleep time". All. of which would place
unwanted and unneeded burdens upon the residents who live nearby, who have
invested hundreds of thousands of dollars on their homes and must "live"
with the City Council's decision.
The City Planning Commission has done a great job creating a master plan,
"carefully" zoning our city to protect landowners and residents as well as
establish office and business areas. when zone changes were requested by
busineLses, the residents of Lodi have had the full support of the Lodi
Planning ai►d Zoning Commission, protecting the residents lifestyle and
homes. We know the City Council is composed of businessmen and tends to
support the "BUSINESS" community. City Council has made it a habit to
overturn many of the Planning; Commission's decisions, thinking it will
bring money into Lodi's economy. We recommend that you support the Lodi
homeowners and residents in cases like this.
There is an abundance of available land zoned for business and commercial
use in this area. It doesn't make sense to change office zoning to
commercial, at the request of *'CNF" landowner, when it adversely affects
so many of the residents/homeowners living in the immediate area.
The economy is very depressed! "Times Are Tough"! But, "WE Lodi Citizens"
cannot allow business to tread on the rights of individual homeowners.
Homeowners who depended upon and trusted the City, to protect their
lifestyles and homes.
As Lodi homeowners or reside'n'.s, we have all heard, at city council
meetings, big and small business owners plead their cases why they "CAN
NOT" afford to have additional related businesses t>rougfit into the city
through rezoning. Thr Lodi Restaurant. owners are in dire need of
"PATRONS",not more rest.aur..entsI Lx:i can't support another restaurant.
Ask the owners of wine and Roses or ;1rigelinos, or small restaurants.
As city Council, your deciGion tonight. will :ndirr.ct1}- rtffect the zoning
of all the "Office" zoned property, north and south of Kettlen,an, from the
canal. to the commercial zor►ing on Lower 5acrament.o Rd. "Office zoned"
property owners will attempt to force commercial businesses on the
surrounding residential neighborhoods. We have alreadj• been to City
Planning to protect our homes at the Meadows 11, and defeated their
rezoning bid so far. The Owners are eagerly awaiting "Your decision" so
they can destroy our neighborhoods'.
The city zoned this property office in accordance with "THE MASTER PLAN".
The owners of the Kettieman/Lakeshore property were aware of this zoning,
and just because they want a larger financial gain, we feel it is not
right or fair that they should benefit at the expense of the immediate
property owners and neighborhood.
Therefore we strongly urge you to deny the rezoning request, and protect
our homes, neighborhoods, and the City of Lodi!
Thank you,
t�.s✓f..�� Q�• w
Roy and Carol Denton
AL SCHIMMEL
1705 Cape Cod Circle
Lodi, California 95242
(209) 333-7276
August 30, 1993
CITY OF LODI
Carnegie Forum
305 West Pine Street
Lodi, California 95240
SUBJECT MATTER:
Regarding the appeal by Marlo Kerner & Associates and a
request to amend P -D (21) (Lakeshore Village) and to
modify permit uses to allow a restaurant and cocktail
lounge be constructed on vacant land at 1750 West
Kettleman Lane, Lodi (APN 058-160-86). Previous review
by Planning Commission June, 1993.
Dear Sirs/Planning Commission:
I wish to reiterate and re -enforce my views as stated in my
previous letter to the Council for the meeting and review in June,
1993.
Lakeshore Drive is the main street egress used by the majority of
homeowners of the Lakeshore Village community, and the same, or a
portion thereof, will also be the street egress for the proposed
subject business.
My views remain the same in that I believe this type of business
will most certainly impact the Lakeshore community in a very
negative manner.
The scenario is as follows:
The problems start with traffic and parking spilling out onto the
street (lack of sufficient parking), unsightly cars parked along
the street, oil soaked pavement and deterioration of the street.
The homes immediately adjacent to the proposed restaurant business
become poorly maintained, and it usually continues in an ever -
deepening and widening penetration into the community. Much
expense (millions) has gone into construction of the lake and homes
adjacent to the lake. There is a large annual expense, borne by
i
CITY OF LODI
August 30, 1993
Page Two
the Lakeshore community, for maintenance of the district and the
pride of ownership of both homes and streets is certainly very
apparent.
I request the Lodi City Council deny the request to amend P -D (211
Lakeshore and only allow the type of business to be located in the
subject location that is conducive to the maintenance of the
district and appreciation of property values.
Thank you for your consideration.
Respectfully,
i
G-�zc �rZ-,•�i�
Al Schimmel
AS:ug
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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 thereor_, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi,
California, and the places to which said en-relopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 3, 1993, at Lodi, California.
DEC#01/TXTA.FRM
SAM�A* PA
JE4hiferPerrin
City Cler
Peggy Nicolini
Deputy City Clerk
OP CITY OF LO D I SCE OF `,' D PUBLIC HFARIM
Date: October 6, 1993
�. CARNEGIE FORUM
fO"� 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
Con},-inue3 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 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 tho
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 uei ivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
4-t�
f Perrin
City Clerk
Dated: September L 1993
Approved as to form:
Bobby W. McNatt �•
City Attorney
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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
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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.
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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
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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* HE "NOTICE OF
PUBLIC HEARING".DATED JUNE 1, 1993.
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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
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WE, THE
RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY
PROTEST
THE REQUEST MADE TO THE PLANNING COMMISSION BY
NNARLO KERNER AND MARLENE GUTIERREZ TO AMEND P-D(21), PLANNED
DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF
PUBLIC
HEARING".DATED JUNE 2, 1993.
NAME & ADDRESS DATE PHONE NUMBER
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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-Dl211, PLANNED
DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF
PUBLIC HEARING" DATED JUNE 1, 1995.
NAME & ADDRESS DATE PHONE NUMBER
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WE, THE RESIDENTS OF LAKESHORE VILLAG-E IN LODI, CA., HEREBY
PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY
MARLO KERNEI? AND MARLENE GUTIERREZ TO AMEND P-1)(21), PLANNED
DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF
PUBLIC HEARING"•DATED JUNE 1. 1993.
NAME & ADDRESS DATEPHONE NUMBER
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