HomeMy WebLinkAboutOrdinances - No. 1764~INANCE NO. 1764
THE CITY OF LO51
PU~LIC SE~VIC~S -
ITION OF I~DUSTRIAL
ENACTING S~CTION
c LING AND RE~NACTING
CTIO~S OUTSIDE CITY"
l__l-_-___-___---_----------------------------------------------------------
____--11_-1_----1------------------------------------------------------------
COUNCIL OF THE CITY OF LQDl AS FOLLOWS:
Lodi ~unicipal Code Title 13, ~'PubJic Services," Chapter 13.1 2, "Sewer Service," is
aling and reenacting Section 13.12.020 (20) - relating to definition of
II read as follows:
eans the portion of the sewerage system used primarilyfor
is compatible for dischar~ing directly into the ponding and
t. Waste no? suitable for direct application to
tem, which includes, but is not limited ta,
s, waste holding tanks, waste sumps, and
ubtic ~ervices," Chapter 13.12, "Sewer Service," is
ection 13.1 2.150 - relating to Connections Outside
W~~R~AS:
of Lodi's economic healt~ is relia~~ on the economic health of the local
expended significant sums to revitalize its downtown area and
6. The ~i~yand its ~own~o~n area will obtain si~nificant economic benefit from local
repu~tion as a wine tourism de~tlnation.
sting roums in down tow^ Lodi.
d. Local wi~erjes are subject to increasing reg~lation from the California Regional
W at the discharge of their wastewater, making
it dif ge in agricultural pursui~s.
unty will retain its authority over land use approval for wineries
unty jur~~di~tion.
f. The City of Lodi's General Plan contains the following land use element goals:
Policy LU-A.l -The City shall seek to preserve Lodi's small-to~n and
rural quaiit~es.
Policy LU-A.4 - The City shall promote reinvesiment in downtown
Lodi and in the ~ast§ide area that upgrades the general quality of
development in
I.
ii.
1
iii. -To preserve agricultural land surrounding Lodi and to
premature development of agricultu~al land with
ral uses, while providing for urban needs,
,I - The City shall encourage the preservaticn of
nd surround~ng the City.
-The City should designate a continueus open space
greenbelt around the urbanized area of Lodi to maintain and enhance
the agricultural economy.
Policy LU-B.6 - The City shall encourage San Joaquin County to
retain agricultural uses on lands adjacent to the City.
Goal LU-D -To promote and retain dcvelopmen~ in downtown Lodi.
Policy LU-D.l -The City shall preserve and promote downtown Lcdi
and the City's social and cultural center and an ec~nomically viable
retail and profess~onal office district.
Policy LU-D.3 - The City shall enhance pedestrian activity and
pedestrian amenities in downtown Lodi.
vi.
vii.
viii.
ix.
1. Service Outside Lodi. No discharge from facilities or prope~ies outside the
City of Lcdi shall be allowed into the Domestic Sewerage or storm drainage
~ystems. The City Council may by contract allow connecticn from winery
~acili~ies outside Lodi to the IndustriaJ Sewerage System on the terms set
forth in this section so long as the system has adequate existing capacity to
service the waste.
2. . Any connection permitted pursuant to the Contract
on shall contain the following minimum terms:
Permit: Applicant shall comply with the terms of the indus~ri~l
tern Discharge Permit to be issued by the City, which will include
not be limited to limitations on flow, BOD, ph, TDS, and
~uspended solid concentra~ions and p~ohibiticns on discharge of
ha~a?dous waste in confo~mance with the City's isc charge Permit.
b. ate/Surchar~e: Winery's rate for discharge shall be set at 150
percent of the City's standard published rate for Industrial Waste.
c. Capacity Charge: Winery shall pay a one-time capacity charge
based on annual flow and BOD loading prior to connection per this
chapter.
d. ~On-Assi~nment: Applicant may not sell capacity or accept
wastewater from other locations.
e. D~wntown Retail Presence: Applicant shall open and operate a wine
tasting room to market its products in Downtcwn Lodi during the
entire term of its connection to the City's sewer system. The
e~tablishmen~ shall be operated within the following minimum
requirements:
0 it shall be at least 500 square feet, have its products available
for sampling and sale, and be open a minimum of 40 hours
per week, including Saturday and Sunda~ and shall be
located in ownt town Lodi as defined by the area bordered by
Church Street, Lodi Avenue, Lockeford Street, and the Union
Pacific Railroad tracks.
a.
2
ii) If this conditiofl cannot be met within 12 months of
connection, Applicant shall pay an annual downtown
development and promo~ionai in-lieu fee in the amount
established by the City Counci!. The fee shall be retroactive
for one year and shall be assessed annually (until such time
as the fequi~em~nts of subsection i of this paragraph have
been satisfied) as annual!y adjusted according to the Bay
Area~All Items cons time^ rice Index. If conditiofl i above
cannot be met w~thin six years of connection, this Agreement
will terminate and Applicant will be required to make alternate
ar~angements for its wastewater.
f. Annexation. A~pl~cant, in consideration for receiving City sewer
service, will consent to the annexati~n to the City of Lodi of its
prop^^ served by the City lndustr~al $ewerage system, waives any
right to protest the annexa~ion, and assigns to the City any right to
vote on the annexation. Aniiexation shall occur when and if the City
d~ems the annexation of the subject prope~feasible and advisable.
In the event the ~flnexation is sought by Applicant, Applicant agrees
to pay City an amount to cover the subject property's proportiona~e
share of the costs to conduct the annexation. In the event that the
Appiicant does ultimately connect to City service, Applicant ag
enter into a short-f~rm memorandum of agreement expressi
o~li~ati~ns of this para~raph in rec~~dable form.
. This ardinance is not intended to and shall not be
the City, or any officer or employee
y within the City or outside of the City
All ordin~nces and parts af ordinances in conflict herewith are repealed insofar as such
mages, except as otherwise imposed by law.
ed one time in the "Lodi News Sentinel," a daily
ublished in the City of Lodi, and shall be in force and
App~ed this 21'' day of September, 2005.
Rest:
Y ~ayor
3
City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1764 was r meeting of the City Council of the City of Lodi held ~e~tember 7,2005, and
pted, and ordered to print at a regular meetlng of said Council held , by the follow in^ vote:
n, Johnson, Mounce,
and Mayor Beckman
RS - ~itch~oc~
64 was approved and signed by the Mayor of the date of its
l~$hed pur$uant to law.
roved as to Form:
d
City Clerk
4