HomeMy WebLinkAboutResolutions - No. 2004-148 ER0301ifl��E J f
WHEREAS, pursuant to authority provided by statute, a petition has been filed with the
legislative body of the City of Lodi, California, signed by more than 10 percent of the number of
registered voters of the City to submit a proposed ordinance relating to Large -Scale Retail
Initiative; and
WHEREAS, the San Joaquin County Registrar of Voters examined the records of
registration and ascertained that the petition is signed by the requisite number of voters, and
has so certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and
WHEREAS, the City Council is authorized and Directed by statute to submit the
proposed ordinance to the waters.
SgCTION 1. That pursuant to the requirements of the laws of the State of California
relating to general law cities, there is called and ordered to be held in the City of Lodi,
California, on Tuesday, November 2, 2004, a General Municipal Election for the purpose of
submitting the following proposed ordinance-.
Shall the ordinance prohibiting the construction of new, rebuilt, or expanded Yes
retail structures in excess of 125,000 square feet (including outside retail
sales areas) unless approved by the City Council and a majority of the voters
voting at a city wide election be adopted? No
SECTION 2. That the text of the ordinance submitted to the voters is attached as
Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
agjG �10N 4. That the City Clerk is authorized, instructed, and directed to procure and
furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 5. That the polls for the election shall be open at seven o'clock am. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in §14401 of the Elections
Code of the State of California.
SECTION That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed, and directed to give further or additional notice of the
election, in time, form, and manner as required by law.
SECTION 8. That the City Cierk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Dated: July 21, 2004
I hereby certify that Resolution No. 2004-148 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held July 21, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Land, and
Mayor Hansen
F
SUSAN �J. 13��LAC �TONr����
City Clerk
LARGE-SCALE RETAIL INITIATIVE
(Text of Proposed Ordinance)
aEgMN_1. Pur ose and Findin l
A. Purpose. The purpose of this Initiative is to protect and preserve the existing
community character and fabric, and promote the continuation of
neighborhoodlcommunity commercial centers and the downtown commercial center.
Also, the purpose of this Initiative is to ensure that the purposes and principles set forth
in the City of Lodi's General Plan are fully considered by establishing sensibly scaled
retail development and maintenance of the City of Lodi's unique character. This action
recognizes that large -scaled retail stores affecting the city shall be subject to approval by
the City Council and a public vote.
B. Findings. The people of the City of Lodi find that regulating size and bulk of
retail stores, through this Initiative, promotes the welfare, economy, and quality of life of
the residents of Lodi, based wpon the following:
Regulating Scale of Retail Stores Protects the 1-nique Character and
Ouslity ot Life in Lodi.
An important component of the City of Lodi is maintaining its unique
character. Lodi's small-town and rural qualities are a valuable trait of the town. Large-
scale retail stores detract from the community's character and aesthetics. Large retail
stores are usually located some distance away from residential neighborhoods because
they require large sites, which are usually found only in zones outside of the downtown
area. Large-scale retail often consists of long, plain facades, a sea of parking, and
sparse landscaping.
The unique character of the City of Lodi and the quality of life enjoyed by
City residents and visitors depend on the protection of the small-town and rural qualities.
The protection of such attributes aids the continued viability of the city and brings mental
and physical benefits. from the broad protection of Lodi residents' quality of life.
It is important to have sensibly scaled retail stores in order to continue to
strengthen and sensibly develop Lodi's existing economy. Lodi has a number of
shopping centers providing the community with merchandise and services. Large-scale
retail stores affect existing shopping centers by causing the existing stores to go out of
business, thus destabilizing the shopping centers, and leaving empty, boarded -up
buildings, which increase crime and blight. The surrounding area loses the merchandise
and services offered by the existing businesses. Sometimes a large-scale retail
company will close down an existing store, and replace it with a superstore, which also
results in a large, empty store.
3. Ensuring Adequate Public Services for the City.
There are negative impacts to not having sensibly scaled retail stores,
including safety. Large-scale retail stores require significantly higher commitment of
police, fire, and public safety resources compared to smaller neighborhood stores.
LARGE-SCALE RETAIL INITIATIVE
{Text of Proposed Ordinance)
Page 2 of 7
Usually large-scale stores fail to provide provisions for the pedestrians entering the
store. It is often dangerous even to walk from the parking lot to the entrance of, the
store, with cars driving and maneuvering in the very large parking area. The larger
stores usually involve longer trips and generate more traffic in a concentrated area, and
thus require improved street capacity in their immediate neighborhoods. The elder Jy,
handicapped, and poor, who may not have access to larger retail stores because theyy
are located at greater distances away from their neighborhoods due to the large land
acquisition requirements of the larger retail stores.
C, Effect of Initiative. To achieve the above -stated purposes, this Initiative
would amend the City of Lodi's Ordinance and General Plan to establish a limit on large-
scale retail stores that exceed 125,OQO square feet of gross floor area. Also, it would
require that any large-scale retail project proposal containing commercial retail
structures that exceed 125,000 square feet of gross floor area be subject to approval by
the City Council and a public vote in the next general election.
Exhibits. This Initiative does not have any exhibits attached, but relies upon the design
standards for large-scale stores recently adopted by the City,
RECTI®N 2. Zonin Ordinance and neral flan Amendments
WHEREAS, the Lodi General Plan establishes a policy framework that forms the City of
Lodi's strategy for retail; and
WHEREAS, the Lodi General Plan and Zoning Ordinance recognize distinct types of
shopping centers such as neighborhood/community commercial; general commercial;
commercial shopping center; and downtown commercial; and
WHEREAS, the Lodi General Plan establishes policies encouraging promoting
downtown Lodi as the City's social and cultural center and an economically viable retail
and professional office district, it promotes locating future commercial retail in downtown
Lodi and preserving the existing small-town scale and character of Lodi; and
WHEREAS, General Plan policies promote and encourage vital neighborhood
commercial districts that are evenly distributed throughout the city so that residents are
able to meet their basic daily shopping needs at neighborhood shopping centers; and
WHEREAS, the California Government Code also provides that in order for the
ordinance to be consistent with the General Plan, the various land uses authorized by
the ordinance should be compatible with the objectives, policies, general land uses, and
programs specified in the General Plan; and
WHEREAS, the Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) has not
kept pace with the evolution of the retail sector and falls to adequately distinguish the
size, scale, and scope of various retail activities; and
WHEREAS, an emerging national trend exists toward increasing the size of retail stores
and the diversity of products offered at such large-scale retail stores; and
LARGE-SCALE RETAIL INITIATIVE
(Text of Proposed Ordinance)
Page 3 of 7
WHEREAS, the establishment of large-scale retail stores in Lodi is likely to negatively
impact the vitality and economic viability of the city's neighborhood community
commercial and downtown commercial centers by drawing sales away from traditional
retail stores located in these centers; and
WHEREAS, large-scale retail stores adversely affect the viability of small-scale,
pedestrian -friendly neighborhood commercial areas, contributing to blight in these areas;
and
WHEREAS, given the city's current population of 60,000, there are currently adequate
retail stores to support the market for large-scale retail; and
WHEREAS, the proposed amendments to the Zoning Ordinance and General Plan are
intended to preserve the city's existing neighborhood -serving shopping centers that are
centrally located within the community; and
WHEREAS, this distribution of shopping and employment creates a land use pattern that
reduces the need for vehicle trips and encourages walking and biking for shopping,
services, and employment; and
WHEREAS, significant concern with large-scale retail stores is that they combine
neighborhood -serving retail in a more remote, regional -serving retail center, which would
result in the decline of neighborhood -serving retail stores by consolidating their activity in
a single, outlying location; and
WHEREAS, the remote location of large-scale retail stores means that local residents
are forced to drive further for basic services such as groceries, and are forced to take
longer and more frequent traffic trips to the regional commercial center to satisfy basic
everyday needs, increasing overall traffic and overburdening streets that were not
designed to accommodate such traffic; and
WHEREAS, the proposed amendments to Lodi's Zoning Ordinance and General Plan,
by limiting large-scale retail stores, will prevent the negative transportation and related
air quality impacts that establishment of such stores is likely to have; and
WHEREAS, numerous local jurisdictions in the country and the State of California, taking
all of the above considerations in mind, have enacted ordinances on new large retail
stores over a certain size that either completely prohibit new retail stores over a certain
size or require special impact studies; and
WHEREAS, California jurisdictions that have recently enacted such regulations to help
sustain the vitality of small-scale, more pedestrian -oriented neighborhood shopping
districts include the cities of Turlock, Santa Maria, San Luis Obispo, Arroyo Grande,
Oakland, and Martinez; and
WHEREAS, a potential discount superstore would directly contravene the approach the
city's General Plan established for retail; and
WARMS
LARGE-SCALE RETA tt INITIA TIVE
(Text of Proposed Ordinance)
Page 4 of 7
WHEREAS, the proposed regulations will place stricter controls on the establishment of,
or conversion to large-scale stores and would prevent a large-scale retail store with
potential negative environmental impacts from being established in Lodi, but will not
itself generate environmental impacts or necessitate environmental review; and
WHEREAS, the adoption of these regulations does not approve any development
project nor does it disturb the physical environment either directly or indirectly as the
regulations modify the limitations of land use by limiting large-scale retail stores that
exceed 125,000 square feet of gross floor area and require such projects be approved
by the City Council and the citizens' votes in the next general election; and
WHEREAS, requiring voter approval of land use development of large-scale retail stores
that exceed 125,000 square feet of gross floor area will ensure opportunities for full
public participation in decisions affecting future land use, quality of life, and character of
the City of Lodi.
NOW, THEREFORE, the City of Lodi hereby ordains that: The Lodi Zoning Ordinance
(Title 17 of the Lodi Municipal Code, Districts and Map) is amended by the addition of
17.06.050(D), which shall read as follows:
Retail structures in any district established by this title shall not exceed 125,000 square
feet in gross floor area unless approved by the City Council and the voters in the next
general election. The City shall not submit any application for a retail structure in excess
of 125,000 square feet in gross floor area to the voters if the application has not first
been approved by the City Council, unless otherwise required by law. If, after
compliance with the California Environmental Quality Act and any other applicable laws,
the City Council approves and certifies the environmental impact report for a retail
structure in excess of 125,000 square feet in gross floor area in any district established
by this title, the project shall not become effective until approval by public vote in the
next general election. For the purposes of this subsection, the term "gross floor area"
shall include outside retail areas.
The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by
the addition of the following Sections 17.36.035, 17-36-036, 1739.035, 17-39-036,
17-30.045, 17.30.046, which include but shall not be limited to these applicable districts.
The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by
the addition of Section 17,36.035, which shall read as follows,
Retail structures in the C-1 district shall not exceed 125,000 square feet in gross floor
area unless approved by the City Council and the voters in the next general election.
The City shall not submit any application for a retail structure in excess of 125,000
square feet in gross floor area to the voters if the application has not first been approved
by the City Council, unless otherwise required by law. It, after compliance with the
California Environmental Quality Act and any other applicable laws, the City Council
approves and certifies the environmental impact report for a retail structure in excess of
125,000 square feet in gross floor area in any district established by this title, the project
shall not become effective until approval by public vote in the next general election. For
the purposes of this subsection, the term "gross floor area" shall include outside retail
areas.
EW 9 11 � 106-4 V
LA RGE-SCALE REMIL UVITIA TIVE
(Text of Proposed Ordwarxv)
Page 5 of 7
The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by
the addition of Section 17.39.035, which shall read as follows:
Retail structures in the 0-2 district shall not exceed 125,000 square feet in gross floor
area unless approved by the City Council and the voters in the next general election.
The City shall not submit any application for a retail structure in excess of 125,000
square feet in gross floor area to the voters if the application has not first been approved
by the City Council, unless otherwise required by law. If, after compliance with the
California Environmental Quality Act and any other applicable laws, the City Council
approves and certifies the environmental impact report for a retail structure in excess of
125,000 square feet in gross floor area in any district established by this title, the project
shall not become effective until approval by public vote in the next general election. For
the purposes of this subsection, the term "gross floor area" shall include outside retail
areas.
The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by
the addition of Section 17.30.045, which shall read as follows:
Retail structures in the C -S district shall not exceed 125,000 square feet in gross floor
area unless approved by the City Council and the voters in the next general election.
The City shall not submit any application for a retail structure in excess of 125,000
square feet in gross floor area to the voters if the application has not first been approved
by the City Council, unless otherwise required by law.. If, after compliance with the
California Environmental Quality Act and any other applicable laws, the City Council
approves and certifies the environmental impact report for a retail structure in excess of
125,000 square feet in gross floor area in any district established by this title, the project
shall not become effective until approval by public vote in the next general election. For
the purposes of this subsection, the term "gross floor area" shall include outside retail
areas.
The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by
the addition of Sections 17,36.036, 17.39.036, 17.30.046, and 17.06.051, which shall
read as follows:
Nothing in this Chapter shall give the City Council the authority to grant a variance from
the provisions of 17.36.035, 17-39.035, 17.30.045, and 17.06.050(D) relating to the
maximum size of retail structures in any district established by this title, including but not
limited to the 0-1, C-2, and C -S Districts.
The Lodi General Plan is amended by the addition of Policy 7 to Goal A, which shall
read as follows:
The City shall promote preservation of Lodi's small-town and rural qualities by ensuring
that retail structures in excess of 125,000 square feet in gross floor area in any land use
designation are approved by the City Council and a public vote in the next general
election.
The Lodi General Plan is further amended by the addition of Policy 6 to Goal D, which
shall read as follows,
AM11fly
LARGE-SCALC RETAIL INITIATIVE
(Texf of Proposed Ordinance)
Page 6 of 7
The City shall promote and support Lodi's downtown development by ensuring that retail
structures in excess of 125,000 square feet in gross floor area in any land use
designation are approved by the City Council and a public vote in the next general
election.
The Lodi General Plan is further amended by the addition of Policy 7 to Goal E, which
shall read as follows:
The City shall. support commercial use development to provide goods and services to
Lodi residents and market area by ensuring that retail structures in excess of 125,000
square feet in gross floor area in any land use designation are approved by the City
Council and a public vote in the next general election.
The City of Lodi's General Plan is hereby amended to add the following implementing
Policy, Policy 17, to read as follows:
The City shall prepare and implement the requirement for City Council and public voter
approval of retail structures in excess of 125,000 square feet in gross floor area in any
district established by Lodi's General Plan and Zoning Ordinance.
SECTION 3. _Implementation.
A. Effective Date. As provided in Elections Code section 9217, this Initiative shall
take effect ten days after the date on which the election results are declared by the City
Council. Upon the effective date of this Initiative, the provisions of Section 2 of this
Initiative are hereby inserted into the City of Lodi's Planning and Zoning Code and
General Plan as an amendment thereof.
K Interim Amendments. The City of Lodi's Zoning Code in effect at the time the
Notice of Intent to circulate this Initiative was submitted to the City of Lodi Elections
Official on April 16, 2004 ("Submittal Date"), and the ordinances as amended by this
Initiative, comprise an integrated, internally consistent, and compatible statement of
policies for the City of Lodi. In order to ensure that the City of Lodi's Planning and
Zoning remains an integrated, internally consistent, and compatible statement of policies
for the City as required by state law and to ensure that the actions of the voter in
enacting this Initiative are given effect, any provision of the Planning and Zoning Code
that is adopted between the Submittal Date and the date that the Planning and Zoning
Code is amended by this measure shall, to the extent that such interim -enacted
provision is inconsistent with the Planning and Zoning Code provisions adopted by
Section 2 of this Initiative, be amended as soon as possible and in the manner and time
required by state law to ensure consistency between the provisions adopted by this
Initiative and other elements of the City's Planning and Zoning Code,
C. Other City Ordinances and Policies, The City of Lodi is hereby authorized to
amend the Planning and Zoning Code, other ordinances, the General Plan, and policies
affected by this Initiative as soon as possible and in the manner and time required by
any applicable state law to ensure consistency between goals, objectives, and policies
adopted in Section 2 of this Initiative and other elements of the City's Planning and
Zoning Code, General Plan, all community and specific plans, and other City ordinances
and policies.
I—MMI
LARGE-SCALE RETAIL INITIATIVE
(Irext of Proposed Ordinance)
Page 7 of 7
SECTION 4. Exemptions forCeft[nProjects.
This Initiative shall not apply to any of the following: (1) any project that has obtained as
of the effective date. of the Initiative a vested right pursuant to state or local law; (2) any
land that, under state or federal law, is beyond the power of the local voters to affect by
the initiative power reserved to the people via the California Constitution.
SECTION b. Elections.
Except for the renewal or repeal of this Article, any direct or indirect costs to the City of
Lodi caused by the elections mandated by this Article shall be borne by the applicants
for the large-scale development project in excess of 125,000 square feet, unless
otherwise prohibited by state'law.
Elections mandated by this Article shall be consolidated, with other elections, whenever
feasible. Different proposals may appear on the same ballot at the same election
provided that each separate proposal affecting a discrete property or development
project shall be submitted to the voters as a separate measure.
SECTION 6. SeverabilitXand Interpretation.
This Initiative shall be interpreted so as to be consistent with all federal and state laws,
rules, and regulations. If any section, sub -section, sentence, clause, phrase, part, or
portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Initiative. The voters hereby declare that this Initiative, and each section,
sub -section, sentence, clause, phrase, part, or portion thereof would have been adopted
or passed even if one or more sections, sub -sections, sentences, clauses, phrases,
parts, or portions are declared invalid or unconstitutional. If any provision of this
Initiative is held invalid as applied to any person or circumstance, such invalidity shall not
affect any application of this Initiative that can be given effect without the invalid
application. This Initiative shall be broadly construed in order to achieve the purpose
stated in this Initiative.
SECTION 7. Amendment or Repeal,
Except as otherwise provided herein, this Initiative may be amended or repealed only by
the voters of the City of Lodi,