WEDNESDAY

April 23, 2003

7:00 P.M.

The Planning Commission met and was called to order by Chairman Heinitz.

Commissioners Present: Eddie Aguirre, Steven Crabtree, Dennis Haugan, Tim Mattheis, Dennis White, and Chairman Heinitz.

Commissioners Absent:   David Phillips

ROLL CALL

Others Present:    J.D. Hightower, City Planner, Mark Meissner, Associate Planner, and Lisa Wagner, Secretary.

The minutes of February 26, 2003 were approved as mailed.

Minutes of
February 26, 2003

The appeal of Robert Kellar concerning the approval of an Administrative Deviation for a six-foot (6’) fence located within the front yard setback area at 1179 Orangewood Drive. (Continued from March 12, 2003).  J.D. Hightower, City Planner, presented the matter to the Commission.  Originally Mr. Kellar applied for an Administrative Deviation in September 2002 requesting that a fence he had constructed be allowed to encroach three feet into the front yard set back at 1179 Orangewood Drive.  The Administrative Deviation was necessitated because Mr. Kellar did not secure a fence permit prior to the construction of the fence several months earlier.  Subsequent to approval of the Administrative Deviation, the neighboring property owner at 1183 Orangewood Drive removed an existing side yard fence.  Mr. Kellar was seeking to include the construction of a replacement side yard fence that would encroach into the front yard area as part of the already approved Administrative Deviation he had been granted.  Mr. Kellar felt the side yard fence should have been included in his original request.  Staff’s position was that the Administrative Deviation granted was for the front and garage side fencing only, and did not include an approval for the side yard fence.  

Commissioner Mattheis asked if any neighbors were notified regarding the requested Administrative Deviation?  Mr. Hightower replied that it was not necessary to notify the surrounding property owners.

Hearing Opened to the Public

Robert Kellar, 1179 Orangewood Drive, Lodi.  Mr. Kellar stated that he had built his house 30 years ago and had included a space for his RV.  He had to do alterations to his fence to accommodate his RV and an existing tent trailer.  He did not submit a detail drawing for the Administrative Deviation because he did not think he would need it.  He was not aware that the front yard side fence could only be 3 ½ feet-tall.

Commissioner Mattheis asked if the fence was constructed prior to obtaining the proper fence permit.  Mr. Kellar replied that he became aware of a fence permit when his neighbor complained to the City. 

Chairman Heinitz asked Mr. Kellar if he owned the RV before the fence was built?  Mr. Kellar replied “no” and when he notified his neighbors that he would be bringing in a trailer, they appeared to be upset.  Mr. Kellar asked the neighbors since they wanted the fence moved back 8-feet to share in the cost of moving the fence. 

Craig Rasmmussen, 1100 W. Tokay Street.  Mr. Rasmussen was present to represent
Mr. & Mrs. Berg who are the neighbor’s affected by the fence.  He noted that the existing tent trailer was only 5-feet-tall and the new trailer is 12-feet-tall.  The Berg’s did not have a chance to comment on the Administrative Deviation because they found out too late to appeal the matter.  He noted that if the trailers could be moved 18-inches back and the front yard fence be moved back 5 feet to conform to the Zoning Code, then everything would be fine. 

Hearing Closed to the Public

The Planning Commission on motion of Commissioner Mattheis, Haugan second, voted to deny the request of Robert Kellar and continue the matter until such time that  either party would bring the matter back to the Commission or 60 days, whichever comes first by the following vote:

AYES:            Commissioners:      Aguirre, Haugan, Mattheis, and Chairman Heinitz

NOES:           Commissioners:     

ABSENT:       Commissioners:      Crabtree, Phillips, and White

ABSTAIN:     Commissioners      

The request of Kenneth Phillips for a Variance to encroach within the front and rear yard setbacks, and allow an increased lot coverage for a new home at 18 South Pleasant Avenue.  This item was continued due to lack of a quorum.

The request of Larry Osborn, on behalf of Javier and Alda Garcia, for a Tentative Parcel Map creating 3 new parcels from one parcel, located at 33 North Cluff Avenue.  City Planner Hightower presented the item to the Commission.  The subject property was a 3-acre parcel zoned as M-2 Heavy Industrial.  The new parcels would front onto Cluff Avenue and were consistent with other lot sizes in the area.  Staff was recommending approval of Tentative Parcel Map.

Hearing Opened to the Public

Larry Osborn, P.O. Box 5609, Stockton, CA.  Mr. Osborn was present to represent the applicant.  His plans were to develop the 3 new parcels into commercial uses.  He noted that he would also be installing street improvements with project and the improvements should improve the area.

Hearing Closed to the Public

The Planning Commission on motion of Commissioner Mattheis, Aguirre second, voted to approve the request of Larry Osborn, on behalf of Javier and Alda Garcia, for a Tentative Parcel Map creating 3 new parcels from one parcel for the property located at 33 North Cluff Avenue by the following vote:

AYES:            Commissioners:      Aguirre, Haugan, Mattheis, and Heinitz

NOES:           Commissioners:     

ABSENT:       Commissioners:      Crabtree, Phillips, and White

ABSTAIN:     Commissioners      

The request of Larry Osborn, on behalf of the Berger Family Trust, for a Tentative Parcel Map creating 2 new parcels from one parcel, located at 31 North Cluff Avenue. City Planner Hightower presented the item to the Commission.  The project site was a 1.21-acre parcel and is the location of the former Pinkerton Foundry.  The site is located within the City’s industrial corridor dedicated entirely to industrial uses.  Parcel 1 will be 39,843 square feet and Parcel 2 will be 12,595 square feet.  Parcel 1 will be part of a larger commercial project, which will include three (3) new parcels adjacent on the north at 33 North Cluff Avenue.  Staff was recommending approval of the Tentative Parcel Map.

Hearing Opened to the Public

Larry Osborne, P.O. Box 5609, Stockton, CA.  Mr. Osborne was present to represent the owner and was agreeable to all the conditions on the resolutions.

Hearing Closed to the Public

The Planning Commission on motion of Commissioner Haugan, Mattheis second, approved the request of Larry Osborn, on behalf of the Berger Family Trust, for a Tentative Parcel Map creating 2 new parcels from one parcel, located at 31 North Cluff Avenue by the following vote:

AYES:            Commissioners:      Aguirre, Haugan, Mattheis, and Chairman Heinitz

NOES:           Commissioners:     

ABSENT:       Commissioners:      Crabtree, Phillips, and White

ABSTAIN:     Commissioners      

The Commission then took a 5-minute break.

The request of Downtown Market and Deli for approval of a Use Permit allowing beer sales under a Type-40 license, located at 8 North School Street.  City Planner Hightower presented the item to the Commission.  The applicant has been operating the Downtown Market and Deli for approximately 2 years.  The market is a convenience store/deli with some tables located within the deli portion.  The Type-40 ABC license is a beer license for a bar/tavern and minors are allowed on the premises.  This is a strictly on-sale license and no off sales would be allowed under this type of license.  This type of use is consistent with the Downtown Revitalization Plan.  Some concerns had been expressed about the over abundance of liquor licenses in the Downtown area.  The market will keep its regular hours from 9:00 a.m. to 8:00 p.m.

Chairman Heintz asked if the license would follow the business should the business be sold.  Mr. Hightower replied that the license would remain at the same location, should the business be sold.  Mr. Heinitz asked if Mr. Bandy would be required to attend the ABC training classes?  Mr. Hightower replied, Mr. Bandy would be required to attend the ABC training class and if the business is sold, then ABC will require the new owner to attend the class.

Hearing Opened to the Public

Mr. George Bandy, 8 North School Street, Lodi.  Mr. Bandy was the applicant and stated that he was under the impression that he was being granted an on-sale and off-sale liquor license. 

Chairman Heinitz asked Mr. Bandy if his business was currently for sale.  Mr. Bandy replied “yes” it was for sale. 

Commissioner Mattheis asked Mr. Bandy if he was requesting the right license for his business.  Mr. Bandy replied he thought he was getting both an on and off-sale license.  Mr. Hightower replied that City staff had repeatedly told Mr. Bandy that a full off-sale liquor license would not be recommended by Staff at this location.  The reason for this is they did not want customers to be able to take alcohol off the premises in the Downtown area but rather let people enjoy a drink with their sandwich.   . 

Mike Lapenta, 1718 Edgewood Drive, Lodi.  Mr. Lapenta stated that Mr. Bandy was excited about obtaining a liquor license.

Daryl Diedrickson, 844 Cypress Run, Woodbridge.  Mr. Diedrickson’s business (Sheri’s Sunshine Center) is located adjacent to the market.  Mr. Diedrickson was opposed to the request and felt there was more than enough alcohol to go around in the Downtown area. 

Hearing Closed to the Public

Chairman Heinitz was concerned that business is for sale and was opposed to the request.

Commissioner Haugan noted that he had witnessed a petition circulated by Mr. Bandy at a Chamber meeting for the approval of his off-sale license.  He questioned whether the ABC license was to assist his business or assist in the sale of the business.  

Mr. Hightower noted that the Downtown Revitalization Plan calls for a full mix of restaurant types. 

Hearing Reopened to Public

Chairman Heinitz asked Mr. Bandy what percentage of business was take-out.  Mr. Bandy replied that business was bad and he thought the sale of alcohol would increase his business. 

The Planning Commission on motion of Commissioner Haugan, Mattheis second, approved the request of Downtown Market and Deli for approval of a Use Permit allowing beer sales under a Type-40 license, located at 8 North School Street by the following vote:

AYES:            Commissioners:      Aguirre, Haugan, Mattheis

NOES:           Commissioners:      Heinitz

ABSENT:       Commissioners:      Crabtree, Phillips, and White

ABSTAIN:     Commissioners      

The request of John DeNigris for a Use Permit to change liquor license types from a Type-41 (On Sale Beer and Wine – Eating Place) to a Type-40, (On Sale Beer) Liquor License for “The Water Hole” restaurant and bar, located at 1200 East Victor Road.  City Planner Hightower presented the matter to the Commission.  In October 2001, the Commission reviewed and approved the original Type-41 ABC License.  Since that time, the owner found that the Type-41 license requirement to make a majority of sales as food, was not possible.  The change to a Type-40 license removes the restaurant requirement and limits sales to beer.  Staff was recommending approval of the request.

Hearing Opened to the Public

No one came forward

Hearing Closed to the Public

The Planning Commission on motion of Commissioner Mattheis, Aguirre second, approved the request of John DeNigris for a Use Permit to change liquor license types from a Type-41 (On Sale Beer and Wine – Eating Place) to a Type-40, (On Sale Beer) Liquor License for “The Water Hole” restaurant and bar, located at 1200 East Victor Road by the following vote:

AYES:            Commissioners:      Aguirre, Haugan, Mattheis, and Heinitz

NOES:           Commissioners:     

ABSENT:       Commissioners:      Crabtree, Phillips, and White

ABSTAIN:         Commissioners  

Intention to vacate the east 200 feet of the alley west of Central Avenue and North of Oak Street.  City Planner Hightower presented the item to the Commission.  The abandonment and rerouting of the alley was being done as part of the conversion of the First Baptist Church of Lodi into the Joe Serna Jr. Charter School.  The vacated 200 feet of alley will be abandoned in favor of a new realigned length of alley that will intersect Oak Street.  This will reduce vehicular/pedestrian conflicts in the future. 

Mamie Starr, Lodi Unified School District.  Ms. Starr noted that her staff had met with neighbors in the area to discuss the impact the abandonment may have on their property.  They were concerned about additional traffic on Oak Street.  Ms. Starr noted that traffic in the alley should decrease when a portion of alley is abandoned. 

The Planning Commission on motion of Commissioner Mattheis, Haugan second, approved the request to vacate the east 200 feet of the alley west of Central Avenue and North of Oak Street by the following vote:

AYES:            Commissioners:      Aguirre, Haugan, Mattheis, and Heinitz

NOES:           Commissioners:     

ABSENT:       Commissioners:      Crabtree, Phillips, and White

ABSTAIN:     Commissioners  

ADJOURNMENT