HomeMy WebLinkAboutOrdinances - No. 15750 ORDINANCE NO. 1575 _--___-_---------- __--____-_________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
ADDING CHAPTER 17.74 TO THE LODI MUNICIPAL CODE
RELATING TO ADMINISTRATIVE DEVIATIONS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lcdi Municipal Code Title 17 is hereby amended by adding a
new Chapter 17.74 as follows:
CHAPTER 17.74. ADMINISTRATIVE DEVIATIONS
Section 17.74.010 . INTENT.
It is the intent of this Chapter to establish minor
administrative exceptions to the regulations of this (Title?), which
may be used to insure that property, because of special circumstances,
such as size, shape, topography, location or surroundings, shall be
accorded privileges commonly enjoyed by the other properties in the
same zone in the vicinity.
section 17.74.020 PEPMImED ZONE AND PERMITTED MODIFICATIONS.
Applications for Deviations may be accepted in all zones, unless
otherwise specified. Applications for Deviations may be considered for
the following modifications only:
(a) Off-street parking requirements:
(1) Parking improvements;
(2) Up to thirty percent (30%) of parking and loading
space requirements, but not exceeding two (2) spaces;
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(b) Se 9 .ack requirements:
(1) Up to forty percent (40%) of the front yard setback
requirement, but not closer to the property line than
fifteen (15) feet;
(2) Up to forty percent (40%) of the side yard setback
requirement, but no closer to the property line than
three (3) feet;
(3) Up to thirty percent (30%) of the rear yard setback
requirement, but no closer to the property line than
five (5) feet;
(c) Area and width requirements:
(1) Up to fifteen percent (15%) of the area requirements,
excluding lot area requirements;
(2) Up to ten percent (10%) of the lot area or lot width
requirements ;
(d) Height requirements:
(1) Up to thirty percent (30%) of height requirements,
but not to exceed five (5) feet.
(e) Landscaping requirements.
Section 17.74.030 REOUIRFMBNTS FOR APPLICATION.
A request for a Deviation shall include a site plan which clearly
delineates the location and extent of the regulation to be modified by
the Director.
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Section 17.74.0 ? i REVIEW PROCEDURES.
The review procedure for Deviation applications shall be Staff
Review with Notification.
Section 17.74.050 REVIEWING AUTHORITY.
The Cmunity Development Director or designee shall be the
reviewing authority under this ordinance. All decisions shall be based
on consideration of all relevant information received and shall include
written findings granting or denying the application.
Sectim 17.74.060 FImINGS.
Prior to approving an application for a Deviation, the review
authority shall find that all of the following are true:
(a) The granting of the Deviation will not be materially
detrimental to other properties or land uses in the area;
(b) There are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended
uses that do not apply to other properties in the same
zoning district in the vicinity;
(c) The strict application of the regulation deprives the
property of privileges enjoyed by other properties in the
vicinity;
(d) The granting of the Deviation is consistent with the
General Plan.
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Section 17.74. C_ @ .
All decisions of the reviewing authority, including the
applicability of this Chapter, shall be subject to appeal to the
Planning Ccmnnission, by written request, within ten (10) days after the
action. Thereafter, the appeal process shall be as specified in
Section 17.72.110 of this Code.
SECTION 2. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 3. This 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 be in force and take effect
thirty days from and after its passage and approval.
Approved this 19th day of May 1993
PHILLIP A. PENNINO
Mayor
Attest :
City Clerk
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State of California
County of San Joaquin, 6s.
I, Jennifer Perrin, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1575 was introduced at a regular meeting of the City
Council of the City of Lodi held May 5, 1993 and was thereafter passed,
adopted and ordered to print at a regular meeting of said Council held
May 19, 1993 by the following vote:
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Ayes : * council Members - Davenport, e Lam, Sieglock,
Snider, and Pennino (Mayor)
Noes: Council Members - None
Absent : Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1575 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
VJENNIPER M. PERRIN
City Clerk
Approved as to Form
BOBBY W. MCNATP
City Attorney
ORD1575/TXTA.O2J
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