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Home My WebLink AboutAgenda Report - September 3, 2008 L-02AGENDA ITEM L-02 &Q% CITY OF LODI %W COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1817 Entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 17 -Zoning - by Repealing and Reenacting Chapter 17.81 Relating to Site Plan and Architectural Approval" MEETING DATE: PREPARED BY: September 3,2008 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1817. BACKGROUND INFORMATION: Ordinance No. 1817 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 17- Zoning - by Repealing and Reenacting Chapter 17.81 Relating to Site Plan and Architectural Approval," was introduced at the regular City Council meeting of August 20, 2008. 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. Ld. 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§ 36932 This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: None. FUNDING AVAILABLE: None required. R dl`au� andi City Clerk RJ/jmp Attachment APPROVED: Blair Khlylbty Manager council/aouncom/Ordinance2.doc ORDINANCE NO. 1817 AN ORDINANCE OF THE CITY COUNCILOF THE CITYOF LODIAMENDING LODI MUNICIPALCODE TITLE 17 —ZONING— BYREPEALINGAND REENACTING CHAPTER 17.81 RELATINGTO SITE PLANAND ARCH ITECTU RALAPPROVAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi MunicipalCodeTitle 17—Zoning—isherebyamendedbyrepealingand reenacting Chapter 17.81, "Site Plan and ArchitecturalApproval," and shall read as follows: Chapter 17.81 SITE PLANAND ARCH ITECTU RAIL APPROVAL 17.81.010 Purpose. 17.81.020 Committee established. 17.81.030 Required. 17,81.040 Application. 17.81.050 Maps and drawings. 17.81.060 Committee action. 17.81.070 Appeal from Committee 17.81.010 Purpose. The purposeof site plan and arch itectu ra I reviewand approval isto ensure compliancewith this title (i.e. zoning ordinance) and to promotethe orderly developmentof the City; the stability of land values; investment and the general welfare; and to help prevent the impairmentor depreciationof landvalues and development bythe erection of structures, additions, or alterations thereto without proper attention to good site planning and arch itectu ral appearance. 17.81.020 Committee established. There is establisheda site planand architectural reviewcommittee (SPARC) to assistthe planningcommissionin reviewingsite plans and arch itectu rald rawi ngs. The membershipof the committeeshall consist cf five members. Four of the membersshall be appointedto four-year, overlappingterms by the Mayorwith the approval of the City Council. The fifth member shall be a member of the Planning Commission and appointed by the Planning Cornmissionto serve a one-yeartemn on the committee. 17.81.030 Required. Site planand arch itecturalapproval is requiredforthe following uses: A. Res identialbu 1 Ild 1 ng proposedtobeerected i na reaszon ed R -GA, R -MD, R -HD, R -C- P, C-1 and C-2, except single-familydwellings,duplexes, and triplexes. B. Commercial-professionabfficesand institutionalbuildingsproposedto beerected in areas zoned R -C -P and C-1 . C' Non residentialbuild ingsproposedto be erected in areas zoned C-1, C-2, and C -M. D. Non residentialbu ild i ngsproposedto be erected in areas zones M- I and M-2,which abut upon areas zones R-1, R-2, R -GA, R -MD, R -HD, R -C -P, C-1, and C-2. E. Anyuserequiringa use permit (Ord. 1353§ 1, 1985: prior code § 0-18(c)); orwhen the Planning Commissionor City Council requiresa site planand architectural review as a condition of a discretionarypermit. 17.81.040 Application. An applicationfor site plan and architectural reviewshall be made bythe propertyowneror agent on an application form provided bythe City. 17.81-050 Maps and drawings. The following maps and drawings, i n duplicate, shall be submittedthat show the following: A. A site plan of the proposed structures that compliment the neighborhood and preserve light and air on adjoining properties; B. Landscaping and/or fencing of yards and setback area, use of landscaping,and/or wall or fencing for screening purposes; C. Designof ingressand egress; D. Off-street parking and load i ngfaci I ities; E. Drawings or sketches of the exterior elevations; F. Designationof location of existing fire hydrants. 17.81.060 Site Plan and Architectural Review. A. If a project W3s into one of the categories cf projects 11stedin Section'17.81.030 and requires site plan and architectural review, the review of the proposed building projectwill bedone inthefollowing manner: 1. Planningstaff shall reviewthesite plan and architectural review application to determine if the project requires discretionary approval (use permit, variance, etc.) from the planning commission in addition to site plan and architectural review. 2- If a project is determined to require a discretionary approval from the planningcommission, the plan n i ngcorn missionshal Ireviewthesite plan and arch itectu raldesig nof the project. 3. If a projectfalls into one of the categories listed in Section 17.81.030 but does not require a discretionary approval from the planning commission, SPARCshall reviewthesite planand arch itectu raldesig nofthe project. The 2 approval body, whetherthe planning commission or SPARC shall havethe powerto approve or disapprovethe application: orto approvethe application subjectto compliancewith such mod iticationsorcond itionsas it maydeem necessaryto carry outthe purposeofthe Lodi Municipal Code and all other applicable laws and regulations. B. Upon approval of submitted plans and afterthe expirationof the ten-day appeal period, the building inspectormay issue a building permit. 17.81.070 Appeals. Any actionsofthesite planandarchitecturaireviewcommifteeon mattersreferredto in this chapter may be appealedto the planningcommission byfiling, within ten businessdays, a written appeal to the Community Development Director. Any action of the planning commission on matters referredto in this chapter may be appealed to the City Council by filing, within ten business days, a written appeal to the City Clerk. The appeal shall be processed in accordancewith Chapter 17.88, "Appeals," of the Lodi Municipal Code. Section 2 - No MandatoryOuty of Care. This ordinance is not intendedto and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatorydutycf caretowards personsor propertywithinthe Cityor outside of the Cityso asto providea basis of civil liabilityfordamages, exceptas otherwise imposedby law. Section 3. 1 n the eventthat any portion of th is Ordinance i s determinedto be invalid or il legal then the entire Ord inance will be repealed and reenacted back to its form prior to September 21, 2005- Section4. All ordinancesand partsof ordinances in conflict herewith are repealedinsofar as such conflict may exist. Section 5. This ordinance shall be publishedonetime in the "Lodi News Sentinel." a daily newspaperaf general circulation printedand published inthe Cityof Lodi, and shall be in force and take effect 30 days from and after its passageand approval. Attest: A RA Dt HL City Clerk Approved this V4 day of September, 2008 4 ANNE MOUNCE Mayor 3 Stateof California Countyof San Joaquin, ss, 1,Randi Johl, City Clerk of the City of Lodi, do hereby certifyth at Ordinance No. 1817 was introducedat a regularmeetingof the City Councilof the City cf Lodi heidAugust20,2008, and was thereafter passed, adopted, and ordered to print at a regular meeting (f said Council held September 3, 2008, bythe following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian,and MayorMounce NOES: COUNCIL MEMBERS—None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None I furthercertifythat Ordinance No. 1817 was approvedand signed bythe MayorcFthe date of its passage and the same has been pubIW501%nVMt to law. HL City Clerk Approved as to Fo3m: D. STEPHEN SCHWA—B—AUER CityAttorney 4