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Home My WebLink AboutAgenda Report - February 19, 2003 G-01 PH%-JTY OF LODI ®a AGENDA TITLE- Continue Public Hearing until June 4, 2003 to consider the appeal from Ne.urniller & 3eardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revolve Use Permit No99-02 for Legends Unlimited. MEETING DATE: February 19, 2003 PREPARED BY, Community Development Director RECOMMENDED ACTION: That the City Council continue the Public Hearing. until June 4, 2003 to consider the appeal from Neumiller & I eardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revolve Use Permit No. 99-02 for Legends Unlimited. BACKGROUND INFORMATION: As the City Council may recall, this item was continued from your meetings on December 18, 2002 and January 15, 2003. 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. Legends: has been closed during this time period, At the time of the preparation of this memorandum, the transfer of the Alcoholic Beverage. Control License had not been completed. I have been told by Inspector Kathy Pieratt that the license is in Sacramento waiting approval. The applicant's have paid their fees and the funds are on.. deposit in escrow. I have met with the new owners who are working can their plans for the building. Again, I'm convinced this transfer will occur and recommend a further continuance. In the meantirne, once the license is transferred, the appeal would be withdrawn as it no longer applies to the new owner. FUNDING: Nene required KB/1w Attachments 0305 CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore 3OHN BECKMAN LARRY D. HANSEN KEITH LAND Eric Nims, Attorney at Law Neumille.r &. Beand slee P.0, Box 20 Stockton, CA, 96201-3020 CITY HALL, 221 WEST PINE STREET P,O. BOX 3006 NODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 citycirk@lodi.gov January 16, 2003 H. DIXON FLYNN City Manager SUSAN I. BLACKSTON City Clerk RANDAI-L A. HAYS City Attorney it,E GONTIIATEU PU.A!LIC HEARING — FEBRUARY 19,2003 TO CONVMR APPEAL ROARDING U$tPEt*1T �99-02 REVOCATION, LEGENI$� UNLIMITEM 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, 99-22. 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 to the City Clerk's Office, P.0. Box 3006, Lodi, CA 95241-9910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please contact Community Improvement Director Rad Bard am in the Community Development Department at (209) 333-6821 Sincerely, Susan J. Blackston City Clerk SiBi&J, Qc: Jacqueline Brown, Legends Unfirnited Community Development Director MA1.:L.tNQ LIST APPEAL OF PLANNING COMMISSION DECISION, LEGENDS UNLIMITED Eric Nims, Attorney at Law Neurn iller & Beard lee P,0, Box 20 Stockton, CA 95201-3020 JaGqueline Brown c/o Legends Unlimited, Inc, 27 West Elm Street Lodi, CA 95240 fbrms/Dc,cMaj1Ltr,doc CITY OF LODI Carnegie Forum 305 West Pine Street, 1,odi For information regarding this notice please contact: Susan J. Ick to 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 continued to Wednesday, February 19, 2003, at the hour of 7:00 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 Communft.y 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 oniy 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. Black ton city Clerk Approved as to form: Randall A. Hays City Attorney m6103 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 1:6, 2003, at Lodi, California. JACQUELINE L. TAYLOR DEPUTY CITY CLERK PATRICIA OCHOA ADMINISTRATIVE CLERK fm ns/DecMaj1Ltr.doc, 4 11,wami'm m JENNIFER M. PERRIN DEPUTY CITY CLERK DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI door,A copy of said "NOTICE OF CONTINUED PUBLIC HEARINGVV: as posted near the Council Chamber d d is made a part of this Certificate of Posting. Januar 16, 2003 (Date�Posted - Must be within 24 fours) JA QtTCC N L. TAYLOR DEPUTY CITY CLERK I'ubt��arfiti csti�;ef�'�atC'antl�es��t��2.eir�c SUSAN J. BLACK.STON CITY CLERK OF THE CETY OF LODI PATRICIA C CHOA ADMINISTRATIVE CLERK CITY OF LODI ('arnegie Fortim 305 West Pine Street, Lodi For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 Posted January 16, 2003 ME MMgmMus J:kCITYCLR"LJIAHr.AR\NOTICE$%Ncittotiiposf.dc?c 1116103