HomeMy WebLinkAboutAgenda Report - October 17, 1990 (30)C G"U N C I L C O M M U N I C A O N
TO: THE CITY COUNCIL COUNCIL MEETING DATE: OCTOBER 17, 1990
FROM: THE CITY MANAGER'S OFFICE
SUBJECT: TO CONSIDER AMENDMENT M THE LODI MUNICIPAL CODE, TITLE 17, ZONING,
SECTION 17.69.020, REGARDING NONCONFORMING BUILDINGS
INDICATED ACTION: that the City Council consider the Planning Commission's
recommendation that the Lodi Municipal Code Title 17, Zoning, Section 17.69.020
regarding nonconforming buildings be amended to include the following:
11D. Notwithstanding subsection (c) above, any residential structure
legally existing as a nonconforming use on October 1, 1990 in any
Industrial ("M") zone may be rebuilt or restored if damaged or destroyed
by fire, other calamity, or act of God, provided that such restoration
or rebuilding is commenced within six months of such damage or
destruction. However, such rebuilt or restored structure shall not
exceed the square footage of the original structure and shall otherwise
conform to all applicable building regulations for residences."
BACKGROUND INFORMATION: In June of this year, Loretta Churchill corresponded
with the Planning Commission concerning a dwelling she owned at 609 South
Sacramento Street and her problems in selling the property because of lenders'
conditions for loaning on the parcel.
The Planning Commission instructed the staff to prepare a zoning study of the
South Sacramento Street area. A copy is attached for Council's information.
After reviewing the study, the Piaaning Commission asked the City Attorney to
prepare an amendment to the Zoning Regulations which would accomplish Option 3 as
discussed in the staff study.
The amendment has received widespread support from the property owners in the
study area.
,t
i
S S. SCHR DER
rrmunity Development Director
Attachment
CC9028/TXTD.OIC October 9, 1990
MEMORANDUM, City of Lodi , Community Development Department
M: PLANNING COMMISSION
FROM: MARK MEISSMER, JR. PLANNER
DATE: AUGUST 3, 1990
SUBJECT: SACRAMENTO STREET ZONING STUDY
The Community Development Department has completed a land use study of
South Sacramento street between Lodi Avenue and Kettleman Lane in response
to some residential property Owners' concerns about restrictions in the
areas M-2 [Heavy industrial) zoning classification. According to the Lodi
Zoning Ordinance "it is the declared intent and purpose of the M-2 district
to promote commercial and industrial enterprises and and to prohibit
residential subdivisions and residential building.. " The property owners
are having trouble selling their homes to prospective buyers because
lending institutions wit7 not provide reasonable loans on the nonconforming
homes because they are concerned that the City may not allow the residence
to be rebuilt if more than 50% of the home is destroyed by fire or natural
disaster.
The attached summary sheet provides the address, use and applicable number
of living units. The total number of nonconforming residential units zoned
M-2 is 99 with 52 being single family units and 47 being multiple family
units. The residential uses are predominantly on the west side of South
Sacramento street and the industrial/commercial uses are mostly to the
east.
The MR zoning was applied to this area to stop any new residential
development and promote commercial and industrial uses. Some of the homes
on South Sacramento Street face industrial work areas where the street is
heavily trafficked with trucks and other equipment for loading and
unloading. Other homes have less direct conflict with industrial uses.
The MR zoning was intended to promote industrial uses, but the decision to
zone the homes M-2 did not anticipate the significant number of residential
units that would remain even after many years of industrial zoning. These
units are occupied and represent a source of affordable housing.
There seem to be several options for dealing with the zoning on South
Sacramento Street. The first option would be to leave the M-2 zoning in
place. The second option would be to rezone certain areas as residential.
The third option would be to amend the industrial chapters of the Zoning
Ordinance (Chapter 17.48) to provide some relief for existing residential
properties.
Under the first option which is to leave the zoning unchanged, the problems
of homeowners having a difficult time selling their homes and the
Planning Commission
August 3, 1990
Page 2
deterioration of housing will continue. The M-2 toning classification will
continue to phase out housing until the area eventually becomes. commercial
and industrial.* The compatibility of land uses will be improved, however
the City will lose many affordable homes and rental units.
Under the second option to rezone certain areas as residential, the
problems associated with beingea nonconforming use would be eliminated and
the affordable housing would be preserved. This might also create new
problems by placing residential zoning adjacent to industrial uses.
Under the third option the existing PI -2 zoning would remain but provision
would be made for home improvements and the rebuilding of existing homes.
This could provide the relief residential property owners need to maintain
and upgrade existing residences and make it easier for residential
properties to be bought and sold.
SOUTH SACRAMENTO STREET
LAND LW INVENTORY
LIVING
540 Storage supply yard for Muller Supply Co.
548 Al's alamino Club
602
Res. 1
LE
UNITS
312
S. Sacramento
Res.
1
315
Res . 1
Res .
1
316
Res .
1
319
Res. 1
Res .
1
320
Res. 1
Res .
1
326
(A) Jerry's Used Furniture;
727
Res . 1
(B) Vic Myers Sheet Metal
& Lodi Western Machine Inc.
731
403
J 8 R Discount Retain Wholesale
Multi/Res. 3
409
San's Landscape & Design
801
1
412
& 415 Muller Supply Co. 8
Asphalt Paving
Res . 1
437
Multi/Res. 4
Res.
1
439
Multi/Res .
7
501
Multi/Res.
5
505
Louie's Custom Upholstery
507
Multi/Res.
2
509
Welding in back
Mu7ti/Res.
2
511
& 5111
Multi/Res.
5
513
Warehouse
515
& 5151
Res.
2
525
Res .
1
540 Storage supply yard for Muller Supply Co.
548 Al's alamino Club
602
Res. 1
604
Multi/Res. 8
608 Lodi Plumbing
609
Res. 1
611
Res . 1
6111
Res . 1
620 Ken's Transmission Service
621
Res. 1
705
Res. 1
709
Res. 1
711
Res. 1
713 (Vacant)
Res. 1
721
Res. 1
727
Res . 1
729
Res . 1
731
Res. 1
733
Multi/Res. 3
735
Multi/Res . 4
801
Res . 1
809
Res. 1
811
Res . 1
813
Multi/Res. 4
817 & 820 Lodi Ironworks
821
Res .
827
Res .
831 &
8311
Multi/Res.
835
Res.
841
Res .
860
Lodi Pattern & Manufacturing
900
Payne Cooling Heating
1029
Interlake Rack Systems
1104
Res .
1108
Lodi Battery Co.
1112
Auto Repair
1113
Res .
1116
& 11161
Multi/Res.
1117
Res .
1120
Res .
1121
S. Sacramento S t .
Res .
1124
Res .
1125
Res.
1129
RM, Holz Rubber Co.
1301
E1 do' s Magic Meal Catering
1317
Eldo's (storage)
1320
Vanderl ans & Sons Sewer Equipment
1339
Private storage yard
5 W.
Chestnut
Res.
9
Res .
10
Res .
10 W.
Tokay
Res .
2 W.
Spruce
Res .
4
Res .
6
Res.
10
Res .
4 W.
Vine
Res.
5
Multi/Res,
8
Res.
9
Res .
12
Res .
13
Res .
4 W.
Sierra Vista P1.
Res.
6
Center of Hope
9
Res.
11
Res .
12
Res.
13
Res.
2 W.
Park
Res.
6
Res .
10
Res .
1
1
2
1
1
1
1
2
I
I
1
1
1
1
1
1
1
1
1
1
1
1
3
1
1
1
1
1
1
i
1
1
1
1
RECEf E
JUN i � I%J%JD
COMMUNITY
DEVELOPMENT
DEPARTMENT
O CITY OF LODI
CARNEGIE FORUM
305 West Pine Street. Lodi
CE OF PUBLIC HEARING
Date: October 17, 190
Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M Reimche
City Clerk
Telephone. 333.6702
NOTICE OF PUBLIC HEARING
October 17, 1990
NOTICES HEREBY GIVEN that on Wednesday, at the hour of 730 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
Public hearing to consider the following Planning Commission recommendation:
1. that Lodi Municipal Code Title 17, Zoning, Section 17.69.020
regarding nonconforming buildings be amended to the following:
"D. Notwithstanding subsection (c) above, any residential
structure legally existing as a nonconforming use on October 1,
1990 in any Industrial ("M") zone may be rebuilt or restored if
damaged or destroyed by fire, other calamity, or act of God,
provided that such restoration or rebuilding is commenced within
six months of such damage or destruction. However, such rebuilt
or restored structure shall not exceed the square footage of the
original structure and shall otherwise conform to all applicable
Information athtismitem mayd�ecotained in the office of the
Community Development Director at 221 West Pine Street, Lodi, California.
All interested personsare invitedto present their views and commentsonthis
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.
liyou challengethe subject matter in court, you may be limited to raisingonly
those issues you or someone else raised at the Public Hearing described in
this notice or in written correspondence delivered to the City Cierk, 221 Wesi
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
dice M. Rei the
City Clerk
Dated: October 3, 1990
Approved as to form:
Bo 41-7�Nat��`�i�
City Attorney
ORDINANCE NO. 1500
AN ORDINANCE OF M E LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 17 - ZONING - SECTION 17.69.020 BY
ADDING THERETO A NEW SUBSECTION "D" RELATING TO NONCONFORMING BUILDINGS.
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FCLLOAS
SECTION 1. Lodi Municipal Code Title 17 - Zoning, Section 17.69.020
- Nonconforming Buildings - is hereby amended by adding thereto a new
subsection "D" to read as follows:
"D. Notwithstanding subsection (c) above, any
residential structure legally existing as a nonconforming
use on October 1, 1990 in any Industrial ("M") zone may be
rebuilt or restored if damaged or destroyed by fire, other
calamity, or act of Cod, provided that such restoration or
rebuilding is commenced within six months of such damage
or destruction. However, such rebuilt or restored
structure shall not exceed the square footage of the
original structure and shall otherwise conform to all
applicable building regulations for residences:'
SECTION
2.
All ardinances
and parts of ordinances in conflict
herewith
are
repealed insofar
as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
1,bm Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
-1-
Approved this day of
M
JOHN R. SNIDER
Mayor
ALICE M REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance Ho.1500 was introduced at a regular meeting of the City
Council of the City of Lodi held October 17, 1990 and was thereafter
passed, adopted and ordered to print at a regular meetin of said
Council held , 1990 by the following vote:
Ayes : Council Mambas -
Noes: Council Nkrybas
Absent: Council Mambas -
Abstain : Council Members -
I further certify that Ordinance No. 1500 was approved and sigi)ud by
the Mayor on the date of its passage and the sande has beer, publ' shed
pursuant to law.
Approved as t o Form
BOBBY W. McNATT
City Attorney
ORD1500/TXTA.0IV
-2-
ALICE M. REiMCHE
City Clerk
r -
September 21, 1990
Lodi City Council
Gentlemen,
I would like to ask for the approval of t h e
non-ccnforming dwellings in industrial zones.
This aaendment is necessary so that people
live in our area can get low cost financing.
amendment ccnperning
living or wishing to
We also need to be able to rebuild our homes if they are destroyed.
Yours truly,
S7% rz--
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September 21, 1990
Lodi City Council
Gentlemen,
As a home owner on South Sacramento Street in the M-2 zone, I wish
to express my desire for the passing of the amendment concerning
non -conforming dwellings in any:industrial zone.
It seems only fair that I should have the right to rebuild my home
in the event it is destroyed by fire or other calamity. This would
create a hardship if I could not rebuild it.
Sincerely
September 21, 1990
Lodi City Council
Gentlemen,
I would like to ask for the approval of the amendment concerning
non -conforming dwellings in industrial zones.
This amendment is necessary so that people living or wishing to
live in our area can get low cost financing.
We also need to be able to rebuild our homes if they are destroyed.
Yours truly,
69 c
lo ex -'el -'e&