HomeMy WebLinkAboutAgenda Report - April 18, 2007 L-02AGENDA ITEM L-02
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE Ordinance No. 1796 Entitled, "An Uncodified Ordinance of the Lodi City Council
Amending the Official District Map of the City of Lodi and Thereby Rezoning 975,
999, and 1031 South Fairmont Street; 1200 West Vine Street; and 1201, 1139,
1133, 1127, 1121, and 1115 West Cardinal Street from RCP, Residential -
Commercial -Professional Office, and R-2, Residence District, to PD, Planned
Development, for the Lodi Memorial Hospital Project"
MEETING DATE: April 18,2007
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1796.
BACKGROUND INFORMATION: Ordinance No. 1796 entitled, "An Uncodified Ordinance of the Lodi
City Council Amending the Official District Map of the City of Lodi
and Thereby Rezoning 975, 999, and 1031 South Fairmont Street;
1200 West Vine Street; and 1201, 1139, 1133, 1127, 1121, and
1115 West Cardinal Street from RCP, Residential -Commercial -Professional Office, and R-2, Residence
District, to PD, Planned Development, for the Lodi Memorial Hospital 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. Govt Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Govt Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Randi Johl
City Clerk
RJfjmp
Attachment
APPROVED:
BI ' ing, City Manager
councWcouncom/Ordinance2.doc
ORDINANCE NO. 1796
AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL
AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND
THEREBY REZONING 975,999, AND 1031 SOUTH FAIRMONT AVENUE;
1200 WEST VINE STREET; AND 1201, 1139,1133, 1127,1121, AND
1115 WEST CARDINAL STREET FROM RESIDENTIAL -COMMERCIAL -
PROFESSIONAL OFFICE (RCP)AND
ESIDENTIAL-COMMERCIALPROFESSIONALOFFICE(RCP)AND RESIDENCE DISTRICT (R-2)
TO PLANNED DEVELOPMENT (PD) FOR THE
LODI MEMORIAL HOSPITAL PROJECT
WHEREAS, a Negative Declaration (ND -06-04) 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. 07-03, and recommended approval at its meeting of February 28, 2007; and
WHEREAS, the Planning Commission of the City of Lodi recommends approval of the
request of Lodi Memorial Hospital for a zone change (07-Z-01) from R-2, Single Family
Residence, and RCP, Residential Commercial Professional Office, to PD„ Planned
Development, (07-2-01) to the City Council of the City of Lodi; and
WHEREAS, the City Council, on April 4, 2007, approved Negative Declaration
(ND -06-04) as adequate environmental documentation of said request; and
WHEREAS, the City Council, on April 4, 2007, amended the General Plan for the said
projectto Office.
NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. The Lodi City Council hereby approves the request of Lodi Memorial Hospital for
a zone change (07-2-01) from R-2, Single Family Residence, and RCP,
Residential Commercial Professional Office, to PD, Planned Development.
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:
975, 999, and 1031 South Fairmont Avenue (APN 031-070-44, 031-070-45,
and 031-070-46); 1200 West Vine Street (APN 031-070-37); and 1201, 1139,
1133, 1127, 1121, and 1115 West Cardinal Street (APN 031-080-02,
031-080-03, 031-080-04, 031-080-05, 031-080-06, and 031-080-07) are
hereby rezoned from Residential -Commercial -Professional Office (RCP) and
Residence District (R-2) to Planned Development (PD).
Section 4. No Mandatory Dutv 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 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 6. The alterations, changes, and amendments of said Official District Map Cf 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.
Section 8. 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.
State of California
County of San Joaquin, ss.
Approved this 18th y of April, 2007.
BOBJOHNSOt(
Mayor
I, Randi Johl, City Clerk of the City of Lodt, do hereby certify that Ordinance No. 1796 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, and
Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— Mayor Johnson
I further certify that Ordinance No. 1796 was approved and signed by the
its passage and the same has been published pursuant to la
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City Clerk
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City Attorney
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Mayor on the date of