HomeMy WebLinkAboutAgenda Report - November 18, 1992 (78)AGENDA TITLE: Public Hearing to consider the Planning Commission's recommendation
that the SPARC Committee's authority be extended to include
nun -residential new construction and remodel projects in M-1 and
M-2 zones and to expand the definition of "Material Alteration,"
MEETING DATE: November 18, 1992
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council conduct a Public Hearing to
consider the Planning Commission's recommendation that
the SPARC Committee's authority be extended to include
non residential new construction and remodel projects in M-1 and M-2 zones and to
expand the definition of "Material Alteration."
BACKGROUND INFORMATION: The proposed amendments were generated by discussions
amongst the members of the Planning Cornmission and were
viewed as needed changes to insure the orderly development
' of industrial areas. It does not appear that these amendments will increase the
amount of time required to obtain a building permit for a proposed project in an
industrial zone, The SPARC review can be accomplished, in most rases, while the
construction plans are in plan check.
Enclosed is a copy of the City Attorney's memorandum of August 4, :992 as well as
the amendments recommended by the Planning Commission.
FUNDING: None required.
B. Schroeder
---EOrrmunity Development Director
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APPROVED -�
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CITY OF LODI
2 RANDiiM FROM Thos OFFICE OF 'LIM CITY ATTORNEY
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To: Members of the Lodi Planning Ccaa=ission
Pram: Bob McNatt, City Attorney
Date: August 4, 1992
Subject: SPARC O1iI1UagCB AH=MENT
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At the Planning Commission meeting of July 27, 1592, a discussion
occurred on the amendment of Lodi M—nicipal Code Chapte_ 17.81
addressing the aLtbority, of SPARC to regulate exterior calors on
designated types of pTr?erty_ Staff was directed to return this matter
to the Planning Commission at its August 24, 1992 meeting for further
consideration.
I Faust candidly admit that until that meeting, I had no idea SPARC
reviewed and acted upon color choices for the exterior of projects
subject to review_ As I stated that evening,. such review can legally
be done, but is required to be done under explicit g, idelines for
determining the appropriateness of colors proposed_ It is reccnded
that the Coazm.ission consider the attached amendment to Chapter 17.81
and forward it to the City Council for action. Th -is amendment would
authorize the Council, the Planning Cocnaission, and/or SPARC to
formally .adopt such written guidelines for _ regulation of exterior
colors_
In doing so, we will need to also change slightly the earlier draft of
Section 17.81.030_ it would noir designtto that lmateria2 alteration'
of buildings could include changes in exterior colors under some
circ stances .
The proposed amendment of Section 17.81.060 would explicitly authorize
the Council, Planning Commission, and SPARC to adopt criteria for the
painting or repainting of the exterior of subject properties.
It was suggested that the City require deed restrictions ("CCR's") to
control repainting or changes of colors_ I have always felt that CCR's
are not a particularly effective way of enforcing conditions from the
City's perspective. This is because CCR's are usually enforceable orav
by parties to tr:> decd in which they are contained. This is referred
to as "privity' mea icing a direr legal 1 -ink in the chain of __ ile _
In most cases, CCA's bind only the seller, the buyer, and designated
successor_ in interest, i.e., parties who now or at one time did own ar.
interest i.n the land subject to the CCR's (Civ_! Code Section 1486).
Or, as stated in Title Insurance =d Tnust Qo . y. R t,ha.rdson (1928),
266 p_ 570, 'Restrictixis in deeds ... were enforceable by one grantee
against another grantee of a common grantor. Since in most cases, the
City was neither grantee nor grantor under the deed, our aut,'ier:ty _..
en¢crce OCR's is suspect in fry opin.ion.
Planning Ccmmission Members
August 4, 1992
Page Two
There are some odd situations where courts have allowed enforcement of
CCR's by outsidz third patties, but these are unusual and don't seem to
fit out situation. This usually occurs where a homeowners,
association, which owns no land under a deed, asserts conditions or
restrictions on behalf of other property owners.
in. any ev--nt , Z have included in the draft of Section 2-7.91-060 a.
prcrvision allowing SPARC to require such CCR's, if desired_ This might
be useful in allawing other property owners to enforce color
restrictions where a parcel is being split or subdivided.
Asau=-i.ng that the Council adopts the amendwe t as proposed, it will be
necessary for SPARC and/or the Planning Con=ission to establish w-ritten
guidelines controlling ex-ternal color selection for buildings subject
to the SPARC ordinance. I would be happy to assist in drafting these
standards and criteria.
Respectfully submitted.•
BOB Mr --VG ' T
City Attorney
CC: Cc=munity Development Director
yrs of SPARC
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DRAFT ORDINANCE
LRnimum OF THE CITY COUNCIL OF TSS CM OF LORI
REPHALING AM PIMM FING LODI MMCIPAL CODS SECTION 17.81.030,
AND AMENDING SECTION 17.81.060 (A)
MATING TO SITS PLAN AND ARCH=CTURAL APPROVALS .
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BE IT ORDAINIM BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION i. Lodi M-mieipal Code Chapter 17.81 - SITS PLAN AND
ARCE=CTURAL APPF,-,MTAL- Section 17.81.030 relating to required
Caamni tree apprrnrals is hereby repealed and . reena.cted = its entirety to
read in full as follows:
Site plan an :r r
A- NTI =Structicn
Rmai r,.ti.4%1 building prapoiaed, to b, -e e=eked in. areas
R -GA. R -MD, R -HD. R -C -P. C-1 a=d C-2. excspt
ginale-frgmily dwellings. C'Ctmlexes and t"iy fixes
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$reas Zoned M-1 r.nd M -Z
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Section 15.44.040 Qf :hx§ Cie.
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3. Addie Q. r-=Qdej, c,,f Ma building '.Ig a !4se
!rh_ich QxigiaAlly neaui_ed a ;ism ve=it
=ON '41 • I_ --di MunicipBI Code Sacticn a7. 61 .0 60 - `oumittee actio:,
- subsectian (A) is amended to read in full aE follows:
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a OPDate: r NOTICE OF PUBLIC HEARING
NovemberMP1 Go, UDI 4, 1992
r ��c CARNEGIE FORUM
305 West Pine Street. Lodi Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M_ Relmche
City Cleric
Telephone: 333-5702
NOTICE OF PUBLIC WEARING
November 4, 1992
NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., cf as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
a) to consider the Planning Commission's recommendation that the
Site Plan and Architectural Review Committee Ia authority be
extended to include non-residential new construction and remodel
projects in the M-1 and El -2 zones and to expand the definition of
"material alteration".
Information regarding this item may be obtained in the office of the
Community Development Director at 221 West Pine Street, Lodi, California.
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
I
o' 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 cr 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 Ofthe Icdi City Council:
Alice M. Reimche
City Clerk
October 7, 1992
Dated:
Approved as to form:
Bob att 94C
11
Ciiy torney
COWINUED ,._NOTICE OF PUBLIC HEARING
CITE LCD
Date: Novem)er 28, 2992
CARNEGIF FORUM
hts 105 West fine Street, [,sill 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
Kmnmger 18, 1392
NOTICE IS HEREBY GIVEN that on Wednesday. at the hour of 7:30 p.m., or as
soon thereafter as the matter may be heard. the City Council will conduct a continued
public hearing to consider the following matter:
a) to consider the Planning Commission's recommendation that the
Sito Plan and Architecteiral Peview Committee's authority be
extended to inclt*de not,-reRidential new consitriiCtion rind remrnie)
prosector in the M-1 and M-2 zones and to expand the definition of
'material alteration".
Information regarding this Item may be obtained in the office of the
Community Development Director at 221 West Pine Street, Lodi, California.
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 ►n
this notice or In written correspondence delivered to the City Clerk, 221 West
Me Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
`'i .�1'r
Alice M_ Reirnche [L,1 j�, j.-►
City Clerk {
Dated: Nbvpmber 4, 1992
Approved as to Iorm:
Bob�af t
City orney
ORDINANCE NO. 1561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING AND REENACTING LODI MUNICIPAL CODE SECTION 17.81.030,
AND AMENDING SECTION 17.81.060 (A)
RELATING TO SITE PLAN AND ARCHITECTURAL APPROVALS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 17.81 - SITE PLAN AND
ARCHITECTURAL APPROVAL- Section 17.82.030 relating to required
Committee approvals is hereby repealed and reenacted in its entirety to
read in full as follows:
Section 17.81.030. Reczuired.
Site flan and architectural apprgval is regllired for the
followincr uses:
A. New construction,
I. Residential building proposed to be erected in areas
zoned R -GA, R -MD, R -HD. R -C -P. C-1 and C-2. exceot
sincrle-family dwellings. duplexes and triplexes.
2. Commercial -professional offices and institutional
buildings Pro ..Qr�d tp tae erected in areas zoned R -C -P and
C-1.
i. Nonresidential buildings proposed to be erected in
areas zoned C-1. C-2 and C -M.
. 1 -
W
4. Nonresidential buildings proposed to be erected in
areas zoned 14-1 and m-2.
5. :,nv use reouiring a use permit.
B. Remodels and additions_
1. Additions to or remodels of any building described in
paragraph "A" above, where cost of reconstruction or
remodel, would reasonably exceed the amountri specified in
Section 15.44.040 of this Code,
2, Additions to or remodels of any building described in
paragrauh "A" above, which will materially alter the
exterior appearance of such building, as determined by the
Community Development Director. Such material alterations
may 41nclude but are not limited to chancres in or additions
of sidinq, facade -s, masonry work, awnings, and changes in
exterior co2._Qr . i.owever, repaintir!-g alone, with orictinal
colors previously. SP -Proved i7v SPARC, shall not be dearned a
material alteration,
3L I dditiono to or remodels of any building, for a u§e_
which o+iuinally recuired a use permit.
SECTION 2. Lodi Municipal Code Section 17.61 060 - Committee action
- subsection (A) is amended to read in full as follows
Section 17.S1.u60. Committee action.
A. The approval committee shall have the authority to apprgver
disapprove, or approve subject to any reasonable conditions it deems
necessary, all applications for the exterior design, exterior colors,
site plans for Proposed new buildings or strUctures for which site
plan and architectural review are regui_red. Conditions which the
review committee may impose include, but are not limited to:
1. Policies adopted by City Council resolution ox
ordinance.
2. Recordation or adoption of covenants, conditions. and
restrictions re-wlating the appearance of the subject
property,
3, Restrictions based on written criteria adopted
SPARC on the color schemes for the vaintinq or repainting
4. Such other and further and standards or conditions as
may be formally adopted by SPARC and/or the Planning
Commission.
(B) (Remains the same.)
SECTION 3. All ordinances and parts of ordinances in conflict
herewith axe repealed insofar as such conflict may exist.
SECTION 4. This ordinance shall be published one time in the "Lodi
Re-ws Sentinel", a daily newspaper of general circulation printed and
L,Aished iv the City of Lodi and shall be in force and take effect
:-t,• days from and after its passage and approval.
Approved this day of
JAMES W- PINK ERT ON, JR.
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
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State of of California
County of San Joaquin, ss -
1, Alice M. Reimche, C i t y Clerk of the City of Lodi, do hereby certify
that. Ordinance No. 1561 was introduced at a regular meeting of the City
Council of this City of Lodi held November 18, 1992 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held , 1992 by the following vote:
Ayes: Council Members -
Noes: Council Members
Absent: Council Members -
Abstain: Council Members
4-
I further certify that Ordinance No. 1561 was approved and signed by
the Mayor on the date of its passage and the same ha6 been published
pursuant to law.
ALICE M. RRIMCHE
City Clerk
Approved as to Form
BOBBY W- MCNATF
City Attorney
(2)
ORD1561 /TX'-rA . O1V
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