HomeMy WebLinkAboutAgenda Report - April 18, 2007 L-01AGENDA ITEM L-01
CITY OF LODI
COUNCIL COMMUNICATION
.M
AGENDA TITLE: Ordinance No. 1795 Entitled, "An Uncodified Ordinance of the Lodi City Council
Amending the Official District Map of the City of Lodi and Thereby Rezoning 1325
and 1333 South Central Avenue (APN 047-270-11 and 047-270-12) from RE -I,
Single Family Residential Eastside, to C-2, General Commercial, for the Gini
Project"
MEETING DATE: April 18,2007
PREPARED B Y City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1795.
BACKGROUND INFORMATION: Ordinance No. 1795 entitled, "An Uncodified Ordinance of the Lodi
City Council Amending the Official District Map of the City of Lodi
and Thereby Rezoning 1325 and 1333 South Central Avenue
(APN 047-270-11 and 047-270-12) from RE -I, Single Family
Residential Eastside, to C-2, General Commercial, for the Gini Project" was introduced at the regular City
Council meeting of April 4, 2007.
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.
Ordinancestake effect 30 days aftertheirfinal passage. CaL Govt Code§ 36937.
This ordinance has been approved as to form by the City Attorney
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/jmp
Attachment
None.
None required.
(2)-
RYhdi Johl
City Clerk
APPROVED:
Blair , City Manager
council/councom/Ord inancel .doc
ORDINANCE NO. 1795
AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDI4NG
THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY
REZONING 1325 AND 1333 SOUTH CENTRAL AVENUE (APN 047-270-11
AND 047-270-12) FROM SINGLE FAMILY RESIDENTIAL EASTSIDE (RE41)
'TO GENERAL COMMERCIAL (C-2) FOR THE GINI PROJECT
WHEREAS, a Negative Declaration (ND -06-03) has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the Guidelines provided
hereunder. Further, the Planning Commission has reviewed and considered the information
contained in said Negative Declaration with respect to the project identified in its Resolution
No. P.C. 06-55 and recommended approval at its meeting of February 14, 2007; and
WHEREAS, the Planning Commission of the City of Lodi recommends approval of the
request of Kenneth J. Gini on behalf of the Gini Project for a zone change
(06-Z-01) from Single Family Residential Eastside (RE -1) to General Commercial (C-2) to the
City Council of the City of Lodi; and
WHEREAS, the City Council, on April 4, 2007, approved Negative Declaration
(ND-06-03)as adequate environmental documentation of said request; and
WHEREAS, the City Council, on April 4, 2007, amended the General Plan for the said
projectto General Commercial.
NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCILAS FOLLOWS:
Section 1. The Lodi ,City Council hereby approves the request of Kenneth J. Gini,
1325 South Central Avenue, Lodi, CA 95240, on behalf of the Gini Project, for a
zone change (06-Z-01) from Single Family Residential Eastside (RE -1) to
General Commercial (C-2).
Section 2. The Official District Map of the City of Lodi adopted by Title 17 of the Lodi
Municipal Code is hereby amended as follows:
1325 and 1333 South Central Avenue (APN 047-270-11 and 047-270-12) are
hereby rezoned from Single Family Residential Eastside (RE -1) to General
Commercial (C-2) for the Gini Project.
Section 3. No Mandatory Duty of Care. 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 liabilityfor damages, except as otherwise imposed by law.
Section 4. 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 5. 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 dE California applicable thereto.
Section 6. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Section 7. 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 30 days from and after its passage and approval.
Approved this le da of April, 2007.
BOB J
Mayor
Attest:
A JOHL
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1795 was
introduced at a regular meeting of the City Council of the City of Lodi held April 4, 2007, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
April 18, 2007, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Katzakian, Mounce,
and MayorJohnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1795 was approved and signed by the
its passage and the same has been published pursuant to law.
NDI JOHL
Citv Clerk
Approved as to Form:
D. STEPHEN SCHWA
City Attorney
2
Mayor on the date of