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HomeMy WebLinkAboutAgenda Report - November 4, 1987 (52)Ib CITY COUNCIL MEETING NOVEMBER 4, 1987 URGENCY ORDINANCE AMENDING THE LAND USE ELEMENT OF THE GENERA;. PLAN TO DESIGNATE THE APARTMENT MORATORIUM AREA (EASTSIDE STUDY AREA) FOR LOW DENSITY SINGLE- FAMILY WITH CERTAIN EXCEPTIONS ADOPTED URGENCY ORDINANCE NO. 1409 ADOPTED Following introduction of the matter by staff, Council on motion of Mayor Pro Tempore Snider, Reid second, adopted CC -53(a) Urgency Ordinance No. 1409 amending the Land Use Element of CC -149 the General Plan to designate the apartment moratorium area (eastside study area) for Low Density Single -Family with certain exceptions, which ordinance is entitled, "An Ordinance of the Lodi City Council Amending the Official District Map of the City of Lodi Adopted by Section 17.06 et seq. of the Lodi Municipal Code and Thereby Rezoning Certain Properties". The motion carried by unanimous vote of the Council. Community Development Director Schroeder pointed out: A) That any property presently zoned R -C -P, C -I, C-2 or C -M, containing a multifamily dwelling unit, will be permitted to rebuild only the same number of units, upon the destructior of the present multifamily dwelling unit. B) That in the downtown core area, a commercially -zoned property which does not presently have a multifamily unit built thereon, will be permitted to build a multifamily residential unit facility only with a conditional use permit approved by the City Council. C) In all other commercially -zoned areas in the Eastside Moratorium Study Area, if there is not presently located on those parcels a multifamily unit, no such unit shall be permitted to be built. Mr. Barry Clark, 715 North School Street, Lodi, suggested that single-family homes located between apartment complexes in the subject area could be used for child care facilities for children living in the apartment complexes. Staff responded to questions posed by Mr. Malcom Goodell, 8 North Rose Street, Lodi: regarding conversions and the requirements for building permits. COUNCIL COMMUNICATION TO THE CITY COUNCIL DATE- NO. FROM: THE CITY MANAGER'S OFFICE November 4, 1987 SUBJECT: Consider Adoption of Urgency Ordinance Amending the Land Use Element of the General Plan to designate the Apartment Moratorium Area (eastside study area) for Low Density Single -Family with Certain Exceptions. PREPARED BY: City Attorney BACKGROUND INFORMATION: Attached hereto for your review for the Wednesday, November 4, 1987 City Council meeting is a draft copy of an ordinance regarding item K2 "Consider adoption of Urgency Ordinance amending the Land Use Element of the General Plan to designate the Apartment Moratorium Area (eastside study area) for low Density Single -Family with certain exceptions." Whlt I have done in this draft ordinance is to attempt to put into writing, that which the City Council approved at its October 21, 1987 Council meeting. Please note specifically the following: A. That any property presently zoned R -C -P, C-1, C-2 or C -M, containing a multifamily dwelling unit, wits be permitted to rebuild only the same number of units, upon the destruction of the present multifamily dwelling unit. B. That in the downtown core area, a commercially -zoned property which does not presently have a multifamily unit built thereon, will be permitted to build a multifamily residential unit facility only with a conditional use permit approved by the City Council. C. In all other commercially -zoned areas in the Eastside Moratorium Study Area, if there is not presently located on those parcels a multifamily unit, no such unit shall be permitted to be built. RMS: vc CCCTRAFF . ICS TXTt'k. 0 IA" 7Res ectfully submitted, L Ronald M. Stein City Attorney E and i-IEI, 2,' BEOSHA Z 219 East Pine Street L7?i, Ca. 9520 October 28, 1987 LGDI CITY COUNCIL Dear City Council: 1-131 OCT2rxi 41' tCE C1: Y CLERK �,-Y O (, Me have just recently learned of the councils intent to rezone ;crtain pr-perties in the city from multi -family lots to single family lots. As we are property owners in the intended rezoning area, we must voice our strong disapproval of this action. the have currently invested in properties in the effected areas with the intent to develop them to their full financial potental, in accordance to how they were zoned when we purchased them. The rezoning of these properties would cause us substantial financial loss. As property owners in the effected area were not notified as to the intent of the council to consider rezoning, we feel that we have not been given a fair oppertunity to voice our objections. Ples--e reconsider the rezoning issue as the Supreme Court of the U.S. has deemed that you will be fully responsible for any financial loss caused by rezoning. Sincerely Ed and Helen Beoshanz �.o Roy and Sandra Collins P.O. Box S Woodbridge, Ci 95258 reference: 32,E Daisy Ave. October 28, 1987 LOBI CITY COUNCIL Dear City Council: We have just recently learned of the councils intent to re.:one certai.z properties in the city from multi -family lots to single family lots. As wo are property owners in the intended rezoning area, we must voice our strong disapproval of this action. We have currently invested in properties in the effected areas with the intent to develop them to their hall fine=ial potentll, in accordance to how they were zoned when we purchased them. The rezoning of these properties would cause us substantial financial loss.. As property owners in the effected area were not notified as to the intent of the council 'Zo consider rezoning, we feel that we have not been given a fair oppertunity to voice our objections. Please reconsider the rezoning issue as the Supreme Court of the U.S. has deemed that you will be fully responsible for any financial loss caused by rezoning. Sincerely, oy arO Sandra Collins SEQUENCE OF EVENTS REGARDING MORATORIUM ON C(1NVERSION OF SINGLE-FAMILY HOMES TO MULTI -FAMILY IN CERTAIN AREAS OF LOOT 11/6/85 3rdinance No. 1369 establishing building mora-orium on conversion of single-family homes to multiple family in certain areas adopted (effective for 45 days only) 12/4/85 Council extends moratorium for 10 months and 15 days 1/15/86 Lodi Residential Density Study approved by Council 2/20/86 Agreement entered into with Jones and Stokes Associates, Inc. 4or preparation of Residential Density Study and cnvironmentcl Impact Report 3/19/86 Council approves eastside moratorium water study and authorizes execution of agreement with consultants 10/15/86 Ordinance No. 1394 adopted extending moratorium for one year r.w ORD-I'ANCE OF THE LODI CITY COUNCIL iiG*,ENCING TIHE O' F CIAL DISTRICT MAP OF THE CITY OF L ODI i,DOPTED BY SECT10ti 17.06 ET SECS. OF THE LODI 1HUNICIPAL CODE iAND THEREBY REZONING CERTAIN PkOPERT IES. BE IT ORDAINED BY THE LCDI CITY COUNCIL. SECTION 1. The Official District Map of the City of Lodi adopted 5y Municipal Code Title 17, Zoning, Chapter 17.06 et seq.is hereby amendeu by rezoning certain properties located at 309 North Stockton Street and 115 and 121 East Lockeford Street (i.e. APN 041-230-33,34 and 35) to R-1. SECTION 2. The Official District Map of the City of Lodi adopted by Municipal Code Title 17, Zoning, Chapter 17.0-6 et seq.is hereby amended by rezoning certain properties in the areas bounded by: r Beginning at the southeast corner of West Turner Roae and s North Pleasant. Street; thence easterly along West Turner Road to North Sacramento Street; thence southerly along North Sacramento Street to Louie Avenue; thence westerly along Louie Avenue to an alley line between North Sacramento Street and z North School Street; thence southerly along said alley line to West Lockeford Street; thence easterly along West and East Lockeford Street to an alley between North Main Street and I North Stockton Street; thence northerly along said alley to Lawrence Avenue; thence easterly along Lawrence Avenue to 4 North Washington Street; thence southerly along North Washington Street; to East Lockeford Street; thence easterly along East Lockeford Street to North Cherokee Lane; thence southerly along North Cherokee Lane to Victor Road (State Route 12); thence along Victor Road to a point on an alley line 150 feet east of the east side of Cherokee Lane; thence southerly along said alley line to East Pine Street; thence along East Pine Street to the west line of State Route 99 Freeway; thence southerly along State Route 99 Freeway to East Kettleman Lane (State Route 12); thence westerly along East Kettlemarn Lane to South Stockton Street; thence northerly along South Stockton Street to East Lodi Avenue; thence westerly along East and West Lodi Avenue to an alley line between South Sacramento Street and South School Street; -I- ' err­ tL SdI t:w I1 ro Est. Tokav Strew- ,.hence westef-!, aicng V.•.sesL ;,,Kay South Street; thence northerly along South Hutchins Street tc e uint on a lire 95 feet r:crth of Sturla Street; thence along said line tc South Crescent Avenue; thence northerly along ruti. Crescent avenue to :esc Loai Avenue; thence easterly along West Lcoi Avenue one-hair' block to an alley line between South Crescent Avenue and South Rose Street; thence northerly along said alley line to West Locust Street; thence easterly ciong crest Locust Street to North California Street; thence northerly along North California Street to Carlo flay; thecce westerly along Carlo Way to a point on a lire 150 feet crest of North California Street; thence northerly along said line to the Southern Pacific Railroad right-of-way; thence northwesterly along said railroad right-of-way to a point on a line which is the southerly, extension of Grant Avenue; thence northerly along said line ano Grant Avenue to an alley line between Daisy Avenue and Forrest Avenue; thence easterly to North California Street; thence northerly along North California Street to Louie Avenue; thence easterly alcng Louie Avenue to North Pleasant Avenue; thence northerly along North Pleasant Avenue to west Turner Road and the beginning of this description, as follows: All properties in the aforementioned areas shall be zoned R -I Residence District - One Family, except as follows: ( 1 ) All property upon which there is a multiple -family unit shall be determined to be a conforming use except that any rebuild and/or reconstruction and/or new construction atter demoliton of said multiple -family unit shall not exceed the number of units existing as of the date of adoption of. this Ordinance and shall require the approval of a conditional use permit. (2) Any property which on the date of the adoption of this ordinance is zoned R -C -P Residential-Cornmerciai-Professional Office District, C-1 Neighborhood Community -District, C-2 General Commercial District, C -M Commercial Light Manufacturing District, M-1 Light Manufacturing District, or M-2 Heavy Manufacturing District, shall continue to be zoned R -C -P, C-1, C-2, C -M, M-1, or 11 -'2, except: (a) that any rebuild and/or recunstruction and/or new construction after demolition of a multiple family unit shall not exceed the number of units existing as of the date of the adoption of th:� Ordinance and shall require the approval of a conditional use permit by the City Council; and (b) any property zoned R -C -P, C-1, C-2 or C -hi in the area bounoed by Lockeford Street on the north; the north -south alley between Stockton Street and Main Street on the east, Lodi avenue on the south and Church Street on the west not containing any multiple family unit may build or convert to -2- multiple ri iy Uurpeses after 'I,r f;Nrovai U ccrdi zi cna i use cr;':i i by the City Ccunci l SEC -ION ��QN '' rill �rcir.anczs ,.nc; parts ^f ��rdinances in conflict herewith are repeaiea Inscfar as such Conflict mzy exist. SECTION 3, lite roregoir:; Oroinance No. 1409 was introduces c:nd adopted as an urgency oruinance because there are indications that the infrastructure in the subject area is old and may not be able to tolerate the present zoning for multi -family units. Further, the building Moratorium on conversions of Single -Family Homes to Multi -Family, imposed by the Adoption of Ordinance No. 1394, is due to expire November 6, !487. SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and i published in the City of Lodi and shall, be in force and take effect immediately as an urgency ordinance. Attest: 1 ALICE M. REIMCHE City Clerk State of Californ-a County of San Joaquin, ss. �Approved this 4th day of November, :987 .1 EVELYN M. OLSON Mayor -3- nl ice = . e mc r":? Ci ty ?e . ;f the Cit -r of Lodi , do hereby certify that Ordinance ,o. -Q9 --dopted as ::n urgency ordinance at a regular meeting of the ';it Council of the City of Lodi held November 4, 1987 4nd was ;,sere. -f ter ordered to print by the folIo:.ring vote: :.res: Council ;!embers - Hinchrran, Pinkertcn, Reid, Snider and Olson (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify thEt Ordinance 40. 1409 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. 5 ALIC£ M. REIMCNE City Clerk -oved as to Form i RONALD M. STEIN City Attorney CITY COUNCIL IVELYN M OLSON. A4avor JOHN R IRandyl SNIDIR mayor Pro lempore DAVID h1 TfiNC N,l1AN �AN14 S W PINKt RTO'. ;r IRED til RE IL CITY OF LODI CITY HALL. 221 ,FEST PINE STREET CAtL BOX 3006 . LODJ. CAUfORNiA 472.11-1910 (209) 334-563.1 !Fliir->}'rEn i'n+1 :U6�°i November 5, 1987 Mr. Roger Stafford Chairman City of Lodi Planning Commission 801 South Mills Avenue Lodi, CA 95240 TtIOMAS A PETERSON C itv :manage, At IC E M Rt UNACHE City Cler6 R( r:ALD .%4. STEIN C,ty Attorney Dear Mr. Stafford: rgency Ordinance No. 1409 Attached please find a certified copy of U which was adopted by the Lodi City Council at its regular meeting of November 4, 1987 amending the Land Use Element of the General al Plan forLto designate the Apartment Moratorium area (eastside study areDensity Single -Family with certain exceptions. Very truly yours, .a Alice M. Reimche City Clerk AMR:jj Enc.