HomeMy WebLinkAboutAgenda Report - June 5, 2013 J-01AGENDA ITEM J-01
OF t 1
� � o
a
,
TM
AGENDA TITLE: Ordinance No. 1877 Entitled, "An Uncodified Ordinance of the City Council of the
City of Lodi Revising the Growth Management Ordinance by Expiring Unused
Allocations and Suspending the Application Schedule Set Forth in Resolution No.
2006-141 Through December 31, 2019"
MEETING DATE: June 5, 2013
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1877.
BACKGROUND INFORMATION: Ordinance No. 1877 entitled, "An Uncodified Ordinance of the City
Council of the City of Lodi Revising the Growth Management
Ordinance by Expiring Unused Allocations and Suspending the
Application Schedule Set Forth in Resolution No.'2066=1-1-Through
December 31, 2019,"' was introduced at the regular City Council
meeting of May 15, 2013.
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. Id. 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 § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE
RJ/jmr
Attachment
None.
None required.
APPROVED:
Ran
City Clerk
Konradt Bartlam, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinancel. DOC
ORDINANCE NO. 1877
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI REVISING THE GROWTH MANAGEMENT
ORDINANCE BY EXPIRING UNUSED ALLOCATIONS AND
SUSPENDING THE APPLICATION SCHEDULE SET FORTH IN
RESOLUTION NO. 2006-141 THROUGH DECEMBER 31, 2019
WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a
Growth Management Plan for residential development within the City of Lodi; and
WHEREAS, the Ordinance sets an annual growth limit of two percent of the City's
population, compounded annually, and once the amount of allocation units are figured, the City
requires that the allocation of units be distributed among housing types as follows: 65 percent
low density, 10 percent medium density, and 25 percent high density; and
WHEREAS, with nearly 7,000 unallocated units, there is nearly double the amount
allocated during the initial 23 years of the program; and
WHEREAS, staff's recommendation is to expire the allocations that have been added
since 2008, and that this be done across two of the three density categories_with__High_pensity___
Residential taking the majority; and _
WHEREAS, staff recommends that the following allocations be eliminated, leaving a
balance of 4,634:
800 Low Density; and
1,435 High Density allocations; and
WHEREAS, Resolution No. 2006-141 sets forth an application schedule for developers
to apply for Growth Management Allocations; and
WHEREAS, the surplus of allocations will render the application schedule unnecessary
through the life of the current Development Impact Mitigation Fee Program (December 31,
2019).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1.
1) That all allocations since 2008 be expired, eliminating the following allocations:
a) 800 Low Density; and
b) 1,435 High Density allocations; and
2) That the remaining balance of allocations (not including 2013 allocations which
have yet to be calculated) be as follows:
a. 2,955 Low Density )
b. 557 Medium Density ) 4,634 Total Allocations
C. 1,122 High Density )
3) That the current application schedule set forth in Resolution No. 2006-141 be
suspended until December 31, 2019.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer for employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 4. This uncodified 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 take effect 30 days from and after its passage and approval.
A'
City Clerk
State of California
County of San Joaquin, ss.
Approved this 5th day of June, 2013
ALAN NAKANISHI
Mayor
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that this uncodified
Ordinance No. 1877 was introduced at a regular meeting of the City Council of the City of Lodi
held May 15, 2013, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held June 5, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1877 was approved and signed by the Mayor on the
date of its passage and the same has been publisher ant to law.
Ak�L
MMed as t rm: City Clerk
D. IEN SC W BAUER
City Attorney