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HomeMy WebLinkAboutAgenda Report - January 15, 2003 G-01 PH6CITY OF LODI AGENDA TITLE. Continue Public Hearing until February 19, 2303 to consider the appeal from Neurniller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No. 99-02 for Legends Unlimited, MEETING DA'l'E: January 1.5, 2003 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council continue the Public Hearing Cantil February 19, 2003 to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit .No, 99-02 for Legends Unlimited. BACKGROUND INFOW ATION: As the City Council may recall, this item was continued from your meeting on December 18, 2001 At that time, a letter was submitted on behalf of Legends by their Attorney Eric Nims. Since that time a new entity has been working toward the acquisition of the -business with the intent of opening a new restaurant at this location. Legend,, has been closed during this time period, At the tune of the preparation of this memorandum, the transfer of the Alcoholic Beverage Control License had not been completed, I had been told that the completion is near and therefore recommended one further cC3n inuance to.1anuary 15, 2003, t have met with the new owners who are working on their plans for the building. Agana, 'm convinced this transfer will occur and recommend a further continuance. In the n-wantirne, once the lie ,use is tr=ansferred, the appeal would be withdrawn as it no longer applies to the new owner, FUNDING- None required �Konradt Bartlam Community Development Director Attachment,; )219.doc 41/OEC/Q3 CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi For information regarding this notice please contact: Susan J. Black ston City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING Information regarding this item may be obtained in the office of the Community Development Director, 221 West Pine Street, Lodi, California, All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Councit Susan J. Blackston City Clerk Approved as to form: �1-4044� Randall A, Hays City Afforney 12/19M CITY OF LODI Carnegie Forum 305 West Pine Street, Lodf For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 33346702 SUSAN I BLACKST01\ CITY CLERK of the City of Lodi j:CITYCLRKkPUBHEARtNOTICFS1t4olcoRtpost.doc 12118102 CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN KEITH LAND Man CITY HALL, 221 WEST PINE STREET P,O, BOX 3006 LORI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 dtycJrk@lodLgov Anthony L. Vignolo, Attorney at Law Neumiller & Bard lee POox 20 Stockton, A. 95201-3020 H. DIXON FLYNN City Manager SUSAN 3, BLACKSTON City Clerk RANDALL A, HAYS City Attorney AND REGULAR U.S. POSTAL DELIVERY RE, CONTINUED PUBLIC HEARING —JAA11,A&T 15,2003 TO GONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED, INC. The hearing is being held to consider your appeal on behalf of Legends Unlimited, Inc. and owner Jacqueline Brown, of the Planning Commission's decision on July 10, 2002 to revoke Use Permit No. 99-22. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c/o the City Clerk's Office, P,0, Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please contact Community Improvement Director Rad Bartlarn in the Community Development Department at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk $jB/.jLT GC -1 Jacqueline Brown, Legends Unlimited Community Development Director DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF L A copy of said "NOTICE OF CONTINUED PUBLIC HEARING" a -s posted near the Council Chamber door, is shown on the attached and is made a part of this Certificate of Posting. December 19, 2002 (Date Posted - Must be within 24 hours) DEN-41-Ald �11' � JACQUELINE L. TAYLOR DEPUTY CITY CLERK Pubhear/No6cf-,N. ot0m Occftst. d4)c SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LORI OATRICIA OCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK NOR WE o RHAWAM10 110 �1 'g pill --plilli i On December 19, 2002, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is attached hereto, marked. Exhil_,it "A"; said envelopes were add.-csszed- Qs is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 19, 2002, at Lodi, California, JACQUELINE L. TAYLOR DEPUTY CITY CLERK TAYRICIA OCHOA ADMINISTRATIVE CLERK fams/ Dez M Fai I Ltr. d oc 012 JENNIFER Mn PERRIN DEPUTY CITY CLERK ff w All -MG LIST APPEAL OF PLANNING COMMISSION DECISION, LEGENDS UNLIMITED Anthony L. Vi nolo, Attorney at Law Neumiller & Beardslee P.C. Box 20 Stockton, CA 95201-3020 Jacqueline Brown cJo Legends Unlimited, Inc. 27 West Efm Street Lodi, CA 95240 foms/DccMai Urdoe CITY COUNCIL SUSAN HITCHCOCK, Mayor EMTLY HOWARD Mayor Pro Tempore 3OHN BECKMAN LARRY D, HANSEN KEITH LAND C I T Y 1C) F L I Eric Nims, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA, 95201-3020 CITY HALL, 221 WEST PINE STREET P,O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 citycirk@lodi.gov January 16, 2003 H. DIXON FLYNN City Manager SUSAN J, BLACKSTON City Clerk RANDALL A, HAYS City Attorney All ": ....I SOME , r RECONTINUED PUBLIC HEARING —FEBRUARY 19,2003 TO CONSWER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGEND$ UNLIMITED, INC. This letter is to notify you that the public hearing on January 15, 2003 was opened and continued to Wednesday, February 19, 2003, at 7.00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. The hearing is being held to consider your appeal on behalf of Legends Unlimited, Inc. and owner Jacqueline Brown, of the Planning Commission's decision on July 10, 2002 to revoke Use Permit No. 99-2Z If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c/o the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241®1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California, Should you have any questions, please contact Community Improvement Director Rad Bartlam in the Community Development Department at (209) 333-6823, Sincerely, Susan J. Blackston City Clerk SJB/J!-T M Jacqueline Brown, Legends Unlimited Community Development Director MAILING LIST APPEAL OF PLANNING COMMISSION DECISION, LEGENDS UNLIMITED Eric Nims, Attorney at Law Neu miller & BeardQee P.0, Box 20 Stockton, CA 95201-3020 Jaoqueline Brown clo Legends Unlimited, Inc. 27 West Elm Street Lodi, CA 9,5240 fbin v'DvcMai1UT.doc Cl I x OF LODI Carnegie or 305 West to Street, Lodi For information reqardinq this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the January 15, 2003 public hearing of the City Council of the City of Lodi to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No.99-02 for Legends Unlimited was opened and contlinved to Wednesday, February 19, 2003, at the hour of 7M p.m., or as soon thereafter as the matter may be heard, in the Lodi Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office of the Community Development Director, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing, If you challenge the subject matter in court, your ay be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Biackston City Clerk Dated, January 16, 2003 Approved as to form: Randall A, Hays City Attorney J\CITYCLRK�PURHEARkNOTICESlNotcmt.doc 1116M CITY OF LODI Carnegie Forum 305 West PiRie Street, 1a For information regarding this notice please contact Susan J. Blackston City Clerk Telephom: (209) 333-6702 Posted January 16, 2003 ""ITY CLIRK of the City of Lodi J-NCITYCLRKtPUBHEARkNOTICE51Notcontpos9,doc 1116/03 On January 16, 2003, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. `There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 16, 2003, at Lodi, California, JACQUEL�NE L. TAYLOR DEPUTY CITY CLERK rA PATRICIA OCHOA ADMINISTRATIVE CLERK f'orms,11)ecMofl1,tr.doc JENNIFER M. PERRIN DEPUTY CITY CLERK IDNECLARA"TION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI A copy of said "NOTICE OF CORTINUED PUBLIC MEARING" as posted near the Council Chamber door, is shown on the attached and is made a part of this Certificate of Posting. January 16, 2003 (Date Posted - Must be within 24 hours) JACQUELINE L, TAYLOR DEPUTY CITY CLERK SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LORI PATRICIA OCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK