HomeMy WebLinkAboutOrdinances - No. 1481ORDINANCE NO. 1481
AN UNCODIFIED URGENCY INTERIM ORDINANCE OF THE LODI CITY COUNCIL
IMPOSING A MORATORIUM ON SECOND UNITS IN THE EAST SIDE REZONING AREA
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1.
WHEREAS, the City of Lodi on November 4, 1987 in Ordinance No.
1409 adopted the East Side Rezoning Plan, downgrading to R-1 certain
property in the area described in such Ordinance; and
WHEREAS, in connection with this action, studies revealed certain
deficiencies in the City's water, sewer, and storm drainage systems for
this area; and
WHEREAS, under California Government Code Section 65852.2, second
units ("granny units") are an allowed use in R-1 zones; and
WHEREAS, a proliferation of such second units in the East Side
Rezoning Area could foreseeably tax existing water, sewer, and storm
drainage systems beyond their capacities;
NOW, THEREFORE, BE IT ORDAINED by the Lodi City Council that
pursuant to Government Code Section 65858(a), the Lodi City Council
makes the following findings:
FINDINGS.
1. The Environmental Impact Report for the East Side Plan
Alternatives adopted herein by reference, and on file in the
Office of the City Clerk, was prepared by Jones and Stokes
Associates for the City of Lodi in July, 1987.
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2. Chapter 9, Water, of that environmental document states portions
of the water system in the area are either at or over capacity
and indicates that this problem can be mitigated by constructing
new water wells, installation of new main transmission lines and
placement of new water lines and fire hydrants to ensure adequate
water and fire suppression systems. (Pages 9-19 through 9-22).
3. Chapter 10, Sewerage, of that report indicates that portions of
the sanitary sewer system in the East Side study area are at or
over capacity and recommends that these inadequacies can be
mitigated by upgrading the trunk and collection sewers. (Pages
10-20 through 10-22).
4. Chapter 11, Storm Drainage, indicates that portions of the area
lack adequate storm drainage facilities, and further states that
these facilities can be made adequate by constructing new trunk
and collection facilities. (Pages 11-11 through 11-14).
5. That the aforementioned conditions constitute a current and
immediate threat to the public health, safety or welfare and that
approval of additional building permits would result in a threat
to the public health, safety or welfare.
BE IT FURTHER ORDAINED, that the City Council hereby imposes a
moratorium on construction of all second units on R-1 lots in the area
designated as the East Side Rezoning Area, more particularly described
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in Ordinance 1409, pending study and remediation of deficiencies in the
water, sewerage, and storm drain facilities in the subject area.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This is an urgency interim ordinance based on health,
safety, or welfare considerations and shall be effective immediately
upon its adoption.
SECTION 4. This urgency interim 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 immediately upon its passage. This ordinance
shall expire forty-five (45) days from its date of adoption, unless
sooner extended by Council action following notice and hearing pursuant
to Government Code Section 65090.
Approved this 4th day of April
Attest :
YC /f&lKdd LICE M. RE CHE
CiTY CLERK
JOHN R. SNIDER
MAYOR
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State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1481 was adopted as an urgency interim ordinance at
a regular meeting of the City Council of the City of Lodi held April 4,
1990, and was thereafter passed, adopted and ordered to print by the
following vote:
Ayes :
Noes: Council Members - None
Absent: Council Members - None
Abstain : Council Members - None
Council Members - Hinchman, Olson, Pinkerton, Reid
and Snider (Mayor)
I further certify that Ordinance No. 1481 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ADoroved as to Form
ALICE M. REI~HE
City Clerk
BOBBY W. McNATT
CITY ATTORNEY
ORD1481/TXTA.O2J
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