HomeMy WebLinkAboutAgenda Report - June 20, 1990 (73)COUNCIL
TO: THE CITY COUNCIL
FROM: THE CITY MA WEBS OFFICE
COMMUNICATION
COUNCIL MEETING DATE
JUl-,F- 20, 1990
SUBJECT: ADOPTION CF URGENCY NfFAT ORDINANCE ON SHaM RESIDENTIAL UNITS IN THE
EAST SIDE R ZONNG AREA
PREPARED BY: City Attorney
RECOMMENDED ACTION : Council consideration of attached urgency moratorium
ordinance.
BACKGROUND MRMATION. At the Council meeting of April 4, 1990, the City
Council adopted Ordinance 1481 ; an urgency measure
imosing a moratorium on construction of second
residential ("Granny Units"� on R-1 lots in the east side rezoning area. This
was done because of concerns about the capacity of water, wastewater, and
storm drain facilities serving this area. The action was felt necessary by
staff to allow time for identifying problems and planning solutions.
The ordinance by its own terms was valid for 45 days unless extended sooner by
the Council following a public hearing. That meant its expiration date was
May 19, 1990 unless acted upon by the Council.
The matter was inadvertently left off the May 16, 1990 Council agenda and thus
has now lapsed.
Since a lapsed ordinance cannot be extended, if the Council wants to continue
the moratorium, it will be necessary to adopt a new ordinance. Under
Government Code §65858(a), this ordinance would be valid for 45 days. At
least 10 days before expiration, the Council must adopt a report describing
measures taken to alleviate the conditions and may at that time extend the
ordinance for up to 22 months and 15 days or a lesser time if it is felt
appropriate. That could be done at the July 18, 1990 Council meeting.
Present estimates by Public Works and Community Development indicate that it
may not be necessary to have the moratorium in place for the full period
allowed by statute.
Adoption of the proposed ordinance would require a 4/5 vote of the Council.
Respectfully submitted,
BOB McNATT
City Attorney
BM: vc
GRANNY/TXTA.GIV
ORDNANCE NO. 1490
AN UNCODIFIED URGENCY INTERIM ORDPONCE OF THE LODI CITY COUNCIL
IMPOSING A MORATORL A4 ON SE DDD UNITS IN THE EAST SICE REZONING AREA
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1.
VEUAS� the City of Lodi on November 4, 1987 in Ordinance No.
1409 adopted the East Side Rezoning Plan, downgrading to R-1 certain
property in the area described in such Ordinance; and
V41IRM in connection with this action, studies revealed certain
deficiencies in the City's water, sewer, and storm drainage systems for
this area; and
VEEAS� under California Government Code Section 65852.2, second
units ("granny units") are an allowed use in R-1 zones; and
VEPZAS, 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 ORDA]NEA 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 Fast 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.
-1-
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
new water wells, -installation of new main transmission lines and
placement of new water lines and fire hydrants to ensure adequate
water and fire suppression system. (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 aforementioned conditions constitute a current and
immediate
threat to the
public health, safety
or welfare
and that
approval
of additional
building permits would
result in
a threat
to the public health, safety or welfare.
BE 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
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, z
safety, or welfare considerations and shall be effective immediately
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 65050.
Attest:
J1NNIFER1M. PERRIN
DEPUTY CITY CLERK
Approved this 20th day of June 1990
(Ji'(//'� \.moi /E•LC�/'�i
JOHN R. SNIDER
MAYGR
-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. 1490 was adopted as an urgency interim ordinance at
a regular meeting of the City Council of the City of Lodi held June 20,
1990, and was thereafter passed, adopted and ordered to print by the
following vote:
Ayes:
Counci 1
Members
- Hinchman, Olson, Pinkertsn, Reid
and Snider (Mayor)
Noes:
Council
Members
- None
Absent:
Council
Members
- PJone
Abstain:
Council
Members
- None
I further certify that Ordinance No. 1490 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
E N N I F E� M. PERRIN
Deputy City Clerk
Approved as to Form
--� &j
BOBBY W. MCNATT
CITY ATTORNEY
ORD1450/TXTA.02J