HomeMy WebLinkAboutAgenda Report - April 2, 2014 J-01AGENDA ITEM J-01
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CITY OF LODI
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AGENDA TITLE: Ordinance No. 1893 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Section 17.68.20, 'Restrictions on Nonconforming Uses and
Structures,' by Adding Paragraph A-6 Allowing Existing Industrial Uses to Expand
Use and Structures Within the Mixed Use Corridor"
MEETING DATE: April 2, 2014
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1893.
BACKGROUND INFORMATION: Ordinance No. 1893 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Section 17.68.20, 'Restrictions on
Nonconforming Uses and Structures,' by Adding Paragraph A-6
Allowing Existing Industrial Uses to Expand Use and Structures Within the Mixed Use Corridor,"' was
introduced at the regular City Council meeting of March 19, 2014.
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. Ld. 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 Govt 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
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Affachment
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None required.
N:\Administration\CLERK\Council\COUNCOM\Ordinancel. DOG
ORDINANCE NO. 1893
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE SECTION 17.68.20, "RESTRICTIONS
ON NONCONFORMING USES AND STRUCTURES," BY
ADDING PARAGRAPH A-6 ALLOWING EXISTING
INDUSTRIAL USES TO EXPAND USE AND STRUCTURES
WITHIN THE MIXED USE CORRIDOR
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 17.68.20, "Restrictions on Nonconforming
Uses and Structures," is hereby amended by adding paragraph A-6 as follows:
"T.
6. Existing Industrial uses and structures within the Mixed Use
Corridor, as of March 1, 2013, shall be allowed to expand on
property currently owned by the user.
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
or 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. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a
newspaper of general circulation printed and published in the City of Lodi, and shall be in
force and take effect May 2, 2014, which date is at least 30 days after the passage of
this ordinance.
Approved this 2 nd day of April, 2014
': Dl�- t-z�tl�
PHIL KATZAKIAN
Mayor
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RAKDI�J�-OLSON
City Clerk
State of California
County of San Joaquin, ss.
1, Randi Johl-Olson, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1893 was introduced at a regular meeting of the City Council of the City
of Lodi held March 19, 2014, and was thereafter passed, adopted, and ordered to print
at a regular meeting of said Council held April 2, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1893 was approved and signed by the Mayor
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on the date of its passage and the same has be z pursuant to law.
?FANIDI"��LSON
City Clerk
Approved as to Form:
Lodi City Attorney's Office
B
JANI�CE)D�. MAGIDICH
, jt�
-nte6m�city Attorney
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