HomeMy WebLinkAboutAgenda Report - November 6, 1985 (85)BUILDING MORATORIUM
ON CONVERSATION OF
SINGE -FAMILY HOMES
TO MULTIPLE FAMILY
IN CERTAIN DEFINED
AREAS
URGENCY ORDINANCE This agenda item was introduced by City Manager
NO. 1369 ADOPTED Peterson who advised that at a recent joint
meeting, the City's Planning Commission and the
City Council discussed the proliferation of
conversions of single family residences to
multiple family units. Both bodies expressed
considerable concern regarding the ability
of the City's infrastructure to accommodate
r these large numbers of land use changes. Also
(( of concern was the impact such projects have
on the neighborhood in which they are located,
as well as the impact on the school district.
Staff then reviewed the process of establishing
a moratorium on the conversion of single family
residences to multiple family residential units
in certain areas within the City and responded to
questions as were posed by the Council.
A diagram of the proposed area of concern was
displayed and additional discussion followed.
The following persons who were in the audience
addressed the Council regarding the matter:
a) Mr. Larry Redman, 325 E. Locust Str., Lodi
b) Mr. Arthur Schnell, 1830 N. Lakeshore Drive,
Lodi
c) Mrs. Janet Pruss, 2421 Diablo Coui-t, Lodi
d) Pastor Ponald Greilich, 611 Tahoe Court,
Lodi
e) Mr. George Galatsatos, 16767 Tretheway
Road, Lodi
f) Mr. Sid Crawford, 4645 Moser Drive, Lodi
Following additional discussion, Council on
nation of Council Member Pinkerton, Snider
second, adopted Urgency Ordinance No. 1369
which established with certain exceptions
pursuant to Section 65858 of the State of
California Goverment Code, only single
family dwellings on vacant lots of record will
be permitted to be constructed or reconstructed
within a prescribed area of the City of Lodi
as of November 6, 1985. The exception of this
Ordinance will be the erection of multiple -
family units on lots of record previously
approved by the City Council for the issuance
of Mutliple-Family Mortgage Revenue Bonds, 2)
the erection of commercial or industrial
structures in zones that conform, and 3) the
remodeling of any multiple -family structures.
Further, Council set a public hearing for the
Regular Council Meeting of December 4, 1985
for review of the matter as prescribed by
Section 65858 of the State of California
Government Code. The motion carried by a
unanimous vote of all Council Pkmibers present.
GOVERNMENT CODE § 65858
,..: o . Inaperability and Repeal r,•:•-ct.,ze ri�u-, vnl:. J -;v ; .
This section becomes inoperative July 1, 1986, and is repealed Jan 1, 3987 by its
qq,: a
ie7'rnJ .i l.l3 y, .� ,. J: 1 { x. ,.11 .7h- s.0 !t6_at•47 Ig1J .0 � -
."!13'3. 1 , , 1 ; .F K V l ,.,. r.• ( i 1 ,•fet .YJry, :it .ltl:lvl y,t
1964 LealslaUoa t $ 183001 and Chapter' 974 of* .Statutes of ,1981
Section 1 o(Sas to i98<, c 1443, p. —, provides: (§ 65852.7, Health R S.C. §§ 18300, 19551,1) made in ii-
• "flit Legislature finds and declares that manufactured cant changesert
relating to the zoning of propy for "Ib -
•housing offers Californians the opportunity to own and live 'homes, and that any failure of local communitiea to ample -
in decent, safe, and atfadable housing on a permanent basis. trent the provisions of those statutes limits the cpportunity
The Legislature "her finds that the eoacoment of Chapter . for Californians to live in mobiiehomes on lots zoned foi
i 142. of the Statutes of 1980.11 65851.3,_ Health do S.C. ; FesidaeUal land use.or for sit}glefatmty. b?usint:-,,,Ik tuv
';'. .7.; ..... ;1,, _. ..• a':' .. .a ,...ev .._ •H .,7C,>1.� S:L tn:: .. !t;:w '{igmGs
6 65854. Public hearing upon ordinance or amendment; notice ;;,:.: ! '�:4i '': Y4t:
The planning commission shall hold a g t•d,
_ p g public hearing on th�e�ro�iset�iontng` ordmatice or
amendment to a zanin ordinance. Notice of the ' hearing ' ' shall be given paursuan�t t_o_
Stction 65090 and if the proposed ordinance or amendment to a zonin ordinance affects t e
perm, tted uses of real pKoZt-ty, notice shall also be given pursuant to on .66091.' or -wig • u s t}t. i
• ♦ ♦ .i.. 'l�, :I.J ... .. .. ... .... .:. i. .. .:t.:-IY1 �',: .t1 'i.� 1y'•(iC'3�}:ltt%riy,: �•-
:U ci: i; n:•,,rt re.•,3osni! a ,'J?o gt•v:oilx>
(Amended bySt1984, c. 1009, P.
, § 22.) {+s ; i;,.• » ,nit 1J to i iizaa I;aiir_a -�rYT `I
t984Legialatioe t>r. ... t, a^y!,ti'+•••93rrtlttr:i,•-;klrtif•1'JmR:a4tCt1�171r.;
arw•+n• t•rai!y`;.- l._ _-�
Legislative intent relating to Stats.1984, a 1009• see tote • , _ i
under Educ.C. § 39002 .. - _ yl tn.: t 1 t J't �•� . r,.]�,tla :! I
i4
§ 65854.5. Repealed by Stats.1984, c. 1009, p. �> it 22.5
} See, now, §§ 65091, 65094. 65095, 65856. . a I,, a !k' +c l p o .J�t-y. tyi aNt ♦i r; ITIt
�,y •Jf- § ..� �n.i 1�btw -
'Fi .
§ 65866. Public hes-ing; exceptions
' ,:,, ..r, '!. •,,IOf ItIP1:: ,, 7Vtn> .tLu� t _: ',
Upon receipt of the recommendation of the planning commission, the legislative body shall hold =j
\.- a public hearing. however, ' ' ' if the matter under consideration is an amendment to a zoning ;
' ordinance to change property from one zone to another, and the planning commission has recotn
mended against the adoption of such amendment, the legislative body shall not be .required to take '
any further action on the amendment unless otherwise provided by ordinance or unless an interested f
party requests a hearing' y filing a written request with the clerk of the legislative body v;'tthin five
days kjter the planning commission files its recommendations with the legislative body.}.�Xt�
�b Notice of the ' • 'hearing shall be given pursuant to Section 65090 `' rota :1(31 ccs ;z
r t1 . � � ,,.•sn<l.: 1 n ,.r t� ,J t r tti];tt :,,,1' c., I :�F; �s
F ,,.��. -•: .'.:_ '. ,: JI _�' ! :BOJ 71 t, : �... (:.'):: '::�;t�. lTM tIIJF,
FeY4 (Amended by Stat8.1984, c. 1009, p. § 23) n, ?l c 7 n 7 1.3 Y,:madym crirs•,d - liJ
t=
- , � •, ' •,, , - i..! � 1 t 'flyul^Fr• t •11.7,.13 Rf..da9:YA 6) 6 PF'-�•}"_,
•1984 LegtalaUoo. � ,.t t t nd 7r1:1
�. Legislative intent rclaimg to Stata.1984, c. 1009.see note n.- ,; q; '•tv•:51:!; s:»Je;n .
j under Educ.G,§ 391102.
l _
..i '.t .. : i i , ,.. .�... ,L , „ , ,: •.i �' , ': J.J ✓ro,.l '7 ri7 ,`�!:!-e:l9t1 ..j `,'{_•0
i §65868. Interim zoning; urgency measures; duration of section
Test of section operative until Jan 1, 1989. ;...t
r (a) Without following the procedures otherwise 'required Prior' to' the adoption of C. zotlitig
( ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an
e urgency measure an interim ordinance prohibitingany uses which may be in conflict with a
contemplated general plan, specific plan, or zoning proposal which the legislative body, planning
\ commission or the planning department is considering or studying or intends to study within a
•1-easonable time. That urgency measure shall require a four-fifths vote of the legislative body for
adoption. The interim ordinance shall be of no further force and effect 45 days from its date of
adoption. After notice pursuant to Section 65J90 and public hearing, the legislative body.tnay extend
the interim ordinance for 10 months and 15� ys and subsequently extend the interim ordinance for
A 1 ks • • • irxilcate deletions by amendment .. ii-
c -
now
s `
'I
§ 65858 :GOVERNMENT CODE
tine year. Any such extension shall also require a four-fifths vote for adoption. ' Not more than the
wo such extensions may be adopted. iiat.
(b) Alternatively, an -interim ordinance may be'adopted by a four-fifths 'bote'~following notice
pursuant to Section 65090 and public hearing, in which case it shall be of no further_force and effect
45 days from its dam -adoption. After notice pursuant to Section 65090 and pub&'hearing, the
'legislative body may by a four-fifths 'voti extend the interim ordinanc—e-Fo—r22 ipiontM tend 15 days.
..h :..:;1:— .,q:x,Q"bnr•Rt7:vj 9FLf%(Q2'
�4) The legislative body shall not adopt or extend any interim ordinance •pursuan4.to.this section
unless the ordinance contains a finding that there is a current and immediate threatAo• the public
bealth,_safety,-os-welfar,e_and-that the approval of additional subdivisions ;t=t,.st pue permits,
variances, building permits, or a;,y other applicable entitlement for use which ishFegiiBi4id in order to
comply with a zoning ordinance would result in a threat to public health, iiafetyor welfare.
(d) Ten days prior to the expiration of an interim ordinance or any extension;,fhe` iglative body
shall issue a written report describing the measures taken to alleviate the conditio,�n w .led to the
adoption of the ordinance.rpt`;. ai
tri? liixO' c
(e) When any such interim ordinance has been adopted every subsequent.t ee adopted
pursuant to this section, covering the whole or a part of the same propeity;:o' �r�•.butomatically
terminate and be of no further force or effect upon the termination of the first aucli Waihance or any
extension of the ordinance as ' ' ' provided in this section. "tt`~'
This section shall remain in effect only until January 1, 1989, and as of +t repeated,
unless a later enacted statute, which is chaptered before January 1, 1989, deletes rids such
date.
(Amended by Stats.1984, a 1009, p. —, § 24.) .w
For text of section operative Jan. 1, 1989, see § 65858, poi
1984 Legislation. x?.
Legislative intent relating to Stats. 1984, c. 1004, we note�'r`� +�:Jt•:":N•
under Educ.C. § 39002- r .�
_ 2;tIY
§ 65858. Interim zoning; urgency measures; operative date of section
;•4{11 !}tti..
„•; ,.; Text of section operative Jan. 1, 1989.
Without following the procedures otherwise required preliminary to the ' op Vi zoning
ordinance, the legislative body, to protect the public safety, health and welfard; " opt as an {
urgency measure an interim ordinance prohibiting any uses which :may''b;0£nllict'with a
contemplated general Ian s ific plan or zoning proposal which the legisla W"ilanning
commission, or the planning department is considering or studying or intend:, Y'within a
reasonable time. That urgency measure shall require a four-fifths vote of the leg, a body for
adoption. The interim ordinance shall be -of no further force and effect four months from its date of
adoption: Auer notice pursuant to Section 65090 and public hearing, the legislative bind$ may extend
the interim ordinance for eight months and subsequently extend the Interim ordinad" one year.
Any such extension shail also require a four-fifths vote for adoption. Not more than the two such
extensions may be adopted. Alternatively, an interim ordinance may be adopted by a'Io,'tiz'tftfths vote
following notice pursuant to Section 65090 and public hearing, in which case it shall be' f'1161urther
force and effect one year from its date of adoption. After notice pursuantto &W�n &� and
public hearing, the legislative body may by a four-fifths vote extend the interim ordinanxor one
year. When any such interim ordinance has. been adopted, every .aubsequent pace adopted
pursuant to this section, covering the whole or a part of the same property, shall automatically _
terminate and be of no further force or effect upon the termination of the first such ordinance or any .
extension of the ordinance as ' ' provided in this section. ,,;;! •,,;., :,;;.,trjf¢'r' i; Att nt t
This section shall become operative January 1,'1989. �t•.,gtry: ::rTsts'e!1 :¢".�i'' l
(Amended by Stats.1984, c. 1005, p. —, § 25, operative Jan 1 1989) tv,:
For text of section operative until Jan. 1 1989 see '§ 65858; a
1484 Legislation . : . ., .:..., ": ,, `, }�» , mt•f3.t 9tS'1`" t•0 ;
- Legislative intent relating to Stats.1484, c 1009, Ree note ••
under.Educ.C.§ 39002. J7t;{�' ru" .v.r� .. vri) ...t:...ic,+o:n • ' 7c"1 :+i3af#tt7ami=s;r.
Undedine indicates changes or addtttons'bY meat
•4 -__-
-f'Jfi� rT�c
OUNCIL •COA' MUNICAI.JN
TO: SHE CITY COUNCIL DATE NO.
FROM: THE CITY MANAGER'S OFFICE October 30, 1985
1
SUBJECT: M(7LTIPLE FAMILY IN CERTAIN DEFINED AREAS
REC0tT4ENIDED ACTION: That the City Council consider establishing a
moratorium on the conversion of single family residences to multiple
family residential units in certain areas of the City and take action as
deemed appropriate.
BACKGROL11D iNF()RMATION: At a recent joint meeting, the City's Planning
C m-nission and the City Council discussed the proliferation of conversions
of single family residences to multiple family units. Both bodies
expressed considerable concern regarding the ability of the City's
infrastructure to acccmwdate these large numbers of land use changes.
Also of concern was the impact such projects have on the neighborhood in
which they are located, as well as the impact on the school district.
Staff has reviewed the process of establishing such a moratorium and will
be prepared to discuss this with the City Council at Wednesday night's
meeting.
Respec"ly submitted,
Q i
Thomas A. Peterson
City Manager
TAP/lh
ORDINANCE NO. 1369
AN URC�EIVCY ORDINANCE OF THE CITY COUNCIL
ESTABLISHING A BUIIDING MORATORIUM ON CONVERSION
OF SINGLE-FAMILY HOMES TO MULTIPLE -FAMILY IN CFMAIN
DEFINED AREAS PURSUANT TO STATE OF CALIFORNIA GOVERMa4T CODE
SECTION 65858
BE IT ORDAINM BY THE LODI CITY COUNCIL.
SECTION 1. That pursuant to Section 65858 of the State of California
Goverment Code, only single-family dwellings on vacant lots of record
will be permitted to be constructed or reconstructed in the following
described area within the City of Lodi as of November 6, 1985:
Beginning at tt.s southeast comer of West Turner Road and
North Pleasant Street; thence westerly along West Turner Road
to North Sacramento Street; thence southerly along North
Sacramento Street to Louie Avenue; thence easterly along Louie
Avenue to an alley line between North Sacramento Street and
North School. Street; thence southerly along said alley line
to West Lockeford Street; thence easterly along West and East
Lockeford Street to North Stockton Street; thence northerly
along North Stockton Street to the north 'line of Armory Park;
thence easterly along said north line to 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 Kettleman Lane to South Stockton Street,-
treet;thence
thencenortherly 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; thence southerly along said alley line to West Tokay
Street; thence westerly along West Tokay Street to South
Hutchins Street; thence northerly .along South Hutchins Street
to a point on a line 95 feet north of Sturla Street; thence
along said line to South Crescent Avenue; thence northerly
along South Crescent Avenue to West Lodi Avenue; thence
easterly along West Lodi Avenue one-half 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 along West Locust Street to North California
Street; thence northerly along North California Street to
Carl(. Way; thence westerly along Carlo Way to a point on a
line 150 feet west 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 and 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 along Louie Avenue to North Pleasant Avenue;
thence northerly along North Pleasant Avenue to West Turner
Road and the beginning of this description.
SECTION 2. The exceptions to this Ordinance will be 1) the erection of
mltiple-family units on lots of record previously approved by the City
Council for the issuance of Multiple -Family Mortgage Revenue Bonds,
2) the erection of camierc:ial or industrial structures in zones that
conform, and 3) the remodeling of any multiple -family structures.
SECTION 3. Pursuant to Section 65858 of the State of California
Government Code, this Ordinance shall be in effect for 45 days frau its
date of passage.
SECTION 4. All Ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SDCPION 5. The foregoing Ordinance No. 1369 was introduced and adopted
as an urgency ordinance pursuant to provisions of Section 65858 of the
State of California Government Code, because there are indications that
the infrastructure in the subject area is old and may not be able to
tolerate the present zoning for multiple -family units. 'It is therefore
necessary to study the infrastructure to determine whether or not a
different zoning is necessary for that area.
SECTION 6. This ordinance shall be published one tine in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi.
Attest:
ALICE M. REINCHE
City Clerk
State of California
County of San Joaquin, ss.
'App ved this 6th qy Qf November, 1985
DAVID M. HINCHMAN
Mayor
JIA
PUBLIC HEARING
HELD PURSUANT TO SECTION 65858 OF THE GOVEFd, N CODE
FOIWWING ADOPTION OF ORDINANCE NO. 1369,
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
ESTABLISHING A BUILDING MORATORILM ON CONVERSION OF
SINGLE-FAMILY HOMF_'3 TO MULTIPLE FAMILY IN CIETtTA--N DEFINED
AREAS PURSUANT TO STATE OF CALIFORNIA GOVERN CODE
WHEREAS, the City Council of the City of Lodi did on November 6,
1985 adopt Urgency Ordinance No. 1369 - An Urgency Ordinance of the
City Council of the City of Lodi Establishing a Building Moratorium on
Conversion of Single -Family Homes to Multiple Family in Certain Defined
Areas Pursuant to State of California Government Code Section 65858; and
WH]ME.AS, according to State Statute, the interim ordinance shall
be of no further force and effect 45 days from its date of adoption;
however, after notice and public hearing, the legislative body may
extend the interim ordinance for 10 months and 15 days and subsequently
extend the interim ordinance for one year. Any such extension shall
require a four-fifths vote for adoption and not more than two such
extensions may be adopted.
NOW, TH EFORE, BE IT RESOLVED, that the City Council of the City
of Lodi pursuant to State of California Government Code Section 65858
does hereby call a Public Hearing to be held on Wednesday, December 4,
1985 to receive public testimony regarding the establishment of a
building moratorium on conversion of single-family hcmes to multiple
family in certain defined areas established under the adoption of
Urgency Ordinance No. 1369 and to consider the need to extend the
interim ordinance as provided by law.
All interested persons are invited to present their views or: this
natter. 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 sareone else raised at the Public
Hearing described in this notice or in written correspondence delivered
to the City Clerk at, or prior to, the Public Hearing.
By Oder of the Lodi City Council
Dated: November 6, 1985
ALICE M. REIlMCHE
City Clerk