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In the n-wantirne, once the lie ,use is tr=ansferred, the appeal would be withdrawn as it no longer applies to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