HomeMy WebLinkAboutAgenda Report - August 18, 2004 J-02AGENDA ITEM J-02
CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1751 entitled, "An Ordinance of the Lodi City Council Amending the
Official District Map of the City of Lodi and Thereby Rezoning 449 East Harney
Lane (APN 062-290-17) from R -MD, Residential Medium Density, to PD(36),
Planned Development Number 36, for The Villas"
MEETING DATE:
PREPARED BY:
August 18, 2004
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1751.
BACKGROUND INFORMATION: Ordinance No. 1751 entitled, "An Ordinance of the Lodi City Council
Amending the Official District Map of the City of Lodi and Thereby
Rezoning 449 East Harney Lane (APN 062-290-17) from R -MD,
Residential Medium Density, to PD(36), Planned Development
Number 36, for The Villas" was introduced at the regular City
Council meeting of August 4, 2004.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FUNDING:
None required.
Susan J. Blackston
City Clerk
BJBIJMP
Attachment
APPROVED:
Janet S. Keeter, Interim City Manager
councWcouncom/Ord inance2.doc
ORDINANCE NO. 1751
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI
AND THEREBY REZONING 449 EAST HARNEY LANE
(APN 062-290-17) FROM R -MD, RESIDENTIAL MEDIUM
DENSITY, TO PD(36), PLANNED DEVELOPMENT
NUMBER 36, FOR THE VILLAS
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. The Official District Map of the City of Lodi adopted by Title 17 of the Lodi
Municipal Code is hereby amended as follows:
10.28 acres located at 449 East Harney Lane (APN 062-290-17) are
hereby rezoned from R -MD, Residential Medium Density to PD(36),
Planned Development Number 36, as shown on Exhibit "A" attached,
which is on file in the office of the City Clerk.
Section 2. The Planning Commission adopted Resolution No. P.C. 04-31
recommending approval of this request for a rezone at its meeting of June 9, 2004.
Section 33. A Negative Declaration (ND -03-08) has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the Guidelines
provided thereunder. Further, the Planning Commission has reviewed and considered
the information contained in said Negative Declaration with respect to the project
identified in their Resolution No. P.C. 04-31.
Section 4 - No Mandatory Duty of Qare. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 5 - Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
Provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
Section . The alterations, changes, and amendments of said Official District Map of
the City of Lodi herein set forth have been approved by the City Planning Commission
and by the City Council of this City after public hearings held in conformance with
provisions of Title 17 of the Lodi Municipal Code and the laws of the State of California
applicable thereto.
Section 7. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
ion This ordinance shall be published one time in the "Lodi News -Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this 1 e day of August, 2004.
RRY D. ANSEN
Mayor
Attest.
SUSAN J. BLACKSTON
City Cleric
State of California
County of San Joaquin, ss.
1, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1751 was introduced at a regular meeting of the City Council of the City of Lodi held
August 4, 2004, and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held August 18, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard,
Land, and Mayor Hansen
NOES: COUNCIL MEMBERS -- None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1751 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
SUSAN �BLACON
City Clerk
Approved as to For
D. STEPHEN SCHWABAUER
City Attorney