HomeMy WebLinkAboutAgenda Report - May 7, 2008 L-01AGENDA ITEM L-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1811 Entitled, "An Uncodified Ordinance of the City Council of the
City of Lodi Repealing and Reenacting Ordinance 964 in its Entirety Setting Forth a
Specific Plan for South Hutchins Street between West Kettleman Lane and West
Harney Lane"
MEETING DATE: May 7,2008
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1811.
BACKGROUND INFORMATION: Ordinance No. 1811 entitled, "An Uncodified Ordinance of the City
Council of the City of Lodi Repealing and Reenacting Ordinance
964 in its Entirety Setting Forth a Specific Plan for South Hutchins
Street between West Kettleman Lane and West Harney Lane," was introduced at the regular City Council
meeting of April 16, 2008.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required —oneto introduceand a second to adoptthe
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.
FISCAL I M PACT
FUNDING AVAILABLE:
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Attachment
None.
None required.
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Rana—iZlir
City Clerk
APPROVED: /
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, City Manager
council/councom/Ord inancel .doc
ORDINANCE NO. 1811
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI REPEALING AND REENACTING ORDINANCE 964
IN ITS ENTIRETY SETTING FORTH A SPECIFIC PLAN FOR
SOUTH HUTCHINS STREET BETWEEN WEST KETTLEMAN LANE
AND WEST HARNEY LANE
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Ordinance 964, adopted November 17, 1971, is hereby repealed in its entirety and re-enacted
to read as follows:
Section 1. Authority. Pursuant to the provisions of Chapter 3 (commencing at Section
65450) of Title 7 of the Government Code of the State of California and pursuant to that certain
General Plan, as amended, for the City cf Lodi adopted by City Council Resolution No. 1885 on
October 5, 1955, a Specific Plan for South Hutchins Street between West Kettleman Lane and
West Harney Lane is hereby adopted.
The Specific Plan adopted hereby includes the regulations prescribed by this Ordinance and
includes drawings 71 D57, 71 D58, and 71 D59 on file with the PublicWorks Department.
Section 2. Purpose. It is hereby declared that this Specific Plan is adopted to provide for
and protect the health, safety, convenience, and welfare of the citizens of the City of Lodi.
Section 3. Description. Drawings 71 D57, 71 D58, and 71 D59 display the Plan view of South
Hutchins Street between West Kettleman Lane and West Harney Lane; however, the design
standards set forth in Drawings 71D57, 71D58, and 71D59 may be modified to the extent
required as a result of dilapidation, budget, and new technology within the discretion Cf the
Public Works Director.
Section 4. Regulations. The minimum front yard or street side yard required for buildings or
structures by Section 27 of the Lodi Municipal Code (Zoning Ordinance) as amended shall be
measuredfrom the future right-of-way line as depicted on Drawings 71 D57, 715D8, and 71 D59.
Section 5. Homeowners. Homeowners with the Specific Plan may repair or replace their
own fences in advance of the City schedule at their own expense to the standard established in
Section 3.
Section 6. Violation. Any person, whether as principal, agent, employee or otherwise,
violating or causing or permitting or assisting in any use of land, which is in violation of the
provisions of this Ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine cf not more five hundred dollars ($500) or by imprisonment in the County
Jail for a term of not more than six (6) months or by both such fine and imprisonment.
Section 7. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed
insofar as such conflict may exist.
SECTION 8. 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 liability for damages, except as otherwise imposed by law.
SECTION 9. 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 10. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 11. This ordinance shall be published pursuant to law and shall become effective 30
days from the date of passage and adoption.
Approved this 7th day of May, 2008
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ATTEST:
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RAND JO
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. 1811 was
introduced at a regular meeting of the City Council of the City of Lodi held April 16, 2008, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
May 7, 2008, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1811 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant t
RA HL
City Clerk
Approved to Form:
BAU R
City Attorney
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