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HomeMy WebLinkAboutAgenda Report - April 4, 1990 (47)L'0 U N C I L C O M M U N I C j, i I O N T0: THE CITY COUNCIL COUNCIL MEETING DATE: APRIL 4, 1990 FROM: THE CITY MANAGER'S OFFICE SUBJECT: GRANNY UNIT INDICATED ACTION: At its meeting of Monday, March 12, 1990 the Planning Commission recommended to the City Council that a moratorium be placed on the approval of additional "granny units" in the eastside rezoning area until the City can determine that the additional units will not adversely impact public facilities. BACKGROUND INFORMATION: As the City Council is aware, State law requires that cities and counties in California permit second residential units (i .e. "granny units") in areas zoned for single-family purposes. Since the second unit was added to the R-1 and R-2 Districts in 1984 only 3 or 4 of such units have been constructed. At its meeting of February 26, 1990 the Planning Commission received an application for a "granny unit" at 205 Flora Street in the Eastside rezoning area. Although the Planning Commission had no basis to deny the request, Commission members expressed concern that a "granny unit" on a substantial number of Eastside single-family lots could impact existing in -ground sanitary sewers and fire suppression systems. The Public Forks Director indicated that one unit was not a problem but a substantial number of such units could lead to trouble. Since neither the staff nor the Planning Commission knew how many additional "granny units" could be safely constructed, the Commission recommended a moratorium until the necessary studies could be conducted. 14, A S B. SCN OEDER unity Development Director JBS/bib CC90/7/TXTD.OIC March 27, 1990 4` OF , CITY OF �. CARNEGtE FORUM 305 West Pine Street. NOTICE OF PUBLIC HEARING LODIDate: April 4, 199® Lodi J Time: 7:30 p.m. � For information reQardina this Public Hearina Please Contact: Alice M Reimche City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING April 4, 1990 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., oras soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: The Planning Commission's recommendation to the City Council that a moratorium be placed on the approval of additional "granny units" in the eastside rezoning area until the City can determine that the additional units will not adversely impact public facilities. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: &UV A. 6MC&Alice M. Reirtichethe City Clerk Dated: Warch 22, 1990 Approved as to form: Bobby W. McNatt City Attorney ORDINANCE NO. 1481 AN UNCODIEM URGENCY ] NIEW CItI NVU OF THE IM CITY OJJNM A1110SNG A MORATORIUM ON SECOND UNITS IN THE EAST SIDE REZONING AREA BE IT ORDAINED BY THE ISI CITY COUNCIL AS FOLLOWS: SBCIION 1. VdERA$, the City of Lodi on November 4, 1987 i n Ordinance No. 1409 adopted the East Side Rezoning Plan, downgrading to R-1 certain property i n the area described in such Ordinance; and WHEREAS, in connection with this action, studies revealed certain deficiencies in the City's water, sewer, and storm drainage systems for this area; and WHEREAS, under California Government Code Section 65852.2, second units ("granny units") are an allowed use in R-1 zones; and WHEREAS, a proliferation of such second units in the East Side Rezoning Area could foreseeably tax existing water, sewer, and storm drainage systems beyond their capacities; NOW, THEREFORE, BE IT ORDAINED by the Lodi City Council that pursuant to Government Code Section 65858(a), the Lodi City Council makes the following findings: FINDINGS. 1. The Environmental Impact Report for the East Side Plan Alternatives adopted herein by reference, and on file in the Office of the City Clerk, was prepared by Jones and Stokes Associates for the City of Lodi in July, 1987. -4- 4 2. Chapter 9, Water, of that environmental document states portions of the water system in the area are either at or over capacity and indicates that this problem can be mitigated by constructing mew water wells, installation of my main transmission lines and placement of new water lines and fire hydrants to ensure adequate water and fire suppression systems. (Pages 9-19 through 9-22). 3. Chapter 10, Sewerage, of that report indicates that portions of the sanitary sewer system in the East Side study area are at or over capacity and recommends that these inadequacies can be mitigated by upgrading the trunk and collection sewers. (Pages 10-20 through 10-22). 4. Chapter 11, Storm Drainage, indicates that portions of the area lack adequate storm drainage facilities, and further states that these facilities can be made adequate by constructing new trunk and collection facilities. (Pages 11-11 through 11-14). 5. That the aforsmentioned conditions constitute a current and immediate threat to the public health, safety or welfare and that apprcval of additional building permits would result in a threat to the public health, safety or welr,re. 6E IT FURTHER ORDAINED, that the City Council hereby imposes a moratorium on construction of all second units on R-1 lots in the area designated as the East Side Rezoning Area, more particularly described -2- 4 in Ordinance 1409, pending study and remediation of deficiencies in the water, sewerage, and storm drain facilities in the subject area. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This is an urgency interim ordinance based on health, safety, or welfare considerations and shall be effective imediately upon its adoption. SECTION 4. This urgency interim 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 immediately upon its passage. This ordinance shall expire forty-five (45) days from its date of adoption, unless sooner extended by Council action following notice and hearing pursuant to Government Code Section 65090. At test : M E iLICE M. RE CNE CITY CLERK Approved this 4th day of April JOHN R SNIDER MAYOR -3- State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1481 was adopted as an urgency interim ordinance at a regular meeting of the City Council of the City of Lodi held April 4, 1990, and was thereafter passed, adopted and ordered to print by the following vote: Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1481 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REI CHE City Clerk Approved as to Form BOBBY W. McNATT CITY ATTORNEY ORD1481/TXTA.023 -4- �1