HomeMy WebLinkAboutOrdinances - No. 1787ORDINANCE NO. 1787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl
APPROVING THE REQUEST OF TOM DOUCETTE, FRONTIER COMMUNITY
257.76 ACRES (SOUTHWEST GATEWAY PROJECT) AND TWO PARCELS
TO R-MD (MEDIUM DENSITY MULTIFAMILY RESIDENCE) ON 47.79 ACRES
(OTHER AREAS TO BE ANNEXED)
BUILDERS, FOR PRE-ZONING TO PD (PLANNED DEVELOPMENT) OF
ON HARNEY LANE (565 AND 603 EAST HARNEY LANE) AND PRE-ZONING
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
SECTION 1. The properties subject to this pre-zoning include properties located within the
Southwest Gateway Project area, the Other Areas to be Annexed (totaling 305.55 acres), and
the two parcels on Harney Lane (comprising two acres) and are described as follows:
SECTION 2: The applicants for the requested pre-zoning are as follows:
For the Southwest Gatewav Proiect area:
For the Other Annexation Areas:
For the two parcels on Harnev Lane:
Tom Doucette for Frontiers Community
Builders
The City of Lodi
Robert and Letha Pinnell and Frank Hall
SECTION 3: The requested pre-zonings consist of the following:
For the Southwest Gatewav Proiect area: Reclassification from San Joaquin County
AU-20 (Agriculture, Urban Reserve, Minimum 20 Acres) to City of Lodi Planned
Development (PD) Zone.
For the Other Annexation Areas: Reclassification from San Joaquin County AU-20
(Agriculture, Urban Reserve, Minimum 20 Acres) to City of Lodi Medium Density
Multifamily Residence (R-MD) Zone.
For the two parcels on Harnev Lane: Reclassification from San Joaquin County R-VL
Zone (Very Low Density Residential) to City of Lodi Planned Development (PD) Zone.
SECTION 4:
Planned Development (PD) Zone
The pre-zone designations for the three areas are described as follows:
The planned development zone is designed to accommodate various types of
development such as neighborhood and community shopping centers, grouped
professional and administrative office areas, senior citizen centers, multiple housing
developments, commercial service centers, industrial parks or any other use or
combination of uses which can be made appropriately part of a planned development. In
a PD zone, any and all uses are permitted; provided, that such use or uses are shown on
the development plan for the particular PD zone as approved by the City Council.
Maximum height and bulk, and minimum setback, yard and parking and loading
requirements shall be established for each PD zone by the development plan as approved
by the City Council. These development parameters would be consistent with the General
Plan designation for the sites.
The Medium Density Multifamily Residence Zone is designed to accommodate medium
density residential development. In the R-MD zone, one-family, two-family, multifamily,
and group dwellings are permitted; and parks, schools, children's nurseries and nursery
schools, playgrounds, community centers, rest and convalescent homes, churches,
museums, public utilities services buildings, automobile parking when adjacent to a
commercial zone, and golf courses and similar noncommercial recreational uses are
conditionally permitted. The development standards are as follows: maximum height is
two-stories, not to exceed 35 feet; density is 5,000 square feet for a one-family dwelling;
6,000 square feet for a two-family dwelling; and 4,000 square feet for the first unit and
2,000 square feet for each additional units for a multifamily or group dwelling; and a
sufficient parcel size to provide the necessary yard areas and parking spaces required for
other types of buildings; and the required yards are a minimum of 20 feet for front yards,
no minimum required side yards except adjacent to a residential zone when the minimum
setback is 5 feet, corner side yards are a minimum of 10 feet, and rear yards are
minimum of 10 feet, except for reduced yard requirements for specified circumstances.
These development parameters would be consistent with the General Plan designation for
the sites.
Medium Density Multifamily Residence (R-MD) Zone
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SECTION 5:
City of Lodi hereby determines the following:
Based upon the evidence in the staff report and project file the City Council of the
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The Environmental Impact Report (EIR) (EIR-05-01) was certified by City Council
Resolution No. 2006-209 and Findings and Statement of Overriding Considerations for the
project pursuant to California Environmental Quality Act (CEQA) were adopted by City
Council Resolution No. 2006-209.
The required public hearing by the Planning Commission was duly advertised and held in
a manner prescribed by law.
The required public hearing by the City Council was duly advertised and held in a manner
prescribed by law.
The applicant, Tom Doucette for Frontiers Community Builders, 10100 Trinity Parkway,
Suite 420, Stockton, CA 95219, represents property owners of the parcels within the
Southwest Gateway project site and these property owners have provided written consent
to the project proponent and applicant for this zone change.
The City has initiated the request for a General Plan amendment and zone change for
properties referred to as "Other Annexation Areas."
The property owners of two parcels contiguous to the Southwest Gateway project area
(565 and 603 East Harney Lane) have submitted applications for pre-zoning.
The City must approve "pre-zone" zoning designations prior to requesting approval of the
annexation of the lands into the City from the San Joaquin Local Area Formation
Commission.
It is found that the requested Rezoning does not conflict with adopted plans or policies of
the General Plan and will serve sound planning practice.
It is further found that the parcels of the proposed pre-zonings are physically suitable for
the development of the proposed project.
The proposed design and improvement of the site is consistent with all applicable
standards adopted by the City in that the project, as conditioned, will conform to adopted
standards and improvements mandated by the City of Lodi Public Works Department
Standards and Specifications, Zoning Ordinance as well as all other applicable standards.
The size, shape, and topography of the site are physically suitable for the proposed
residential development.
The site is suitable for the density proposed by the project in that the site can be served by
all public utilities and creates design solutions for storm water, traffic, and air quality
issues.
The design of the proposed project and type of improvements are not likely to cause
serious public health problems in that all public improvements will be built per City
standards and all private improvements will be built per the Uniform Building Code.
Development of the proposed project shall be consistent with the Southwest Gateway land
use plan ultimately approved by the City Council.
Final development plans demonstrating the height, setbacks, lot coverage, and other
development standards, pursuant to Municipal Code Section 17.33.090, will be submitted
for review and approval by the Planning Commission prior to the approval of a tentative
subdivision map.
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16. As required by the Planned Development Zoning Designation, the multi-family units with
the Southwest Gateway Project shall be reviewed and approved by the Site Plan and
Architectural Review Committee prior to the issuance of a building permit.
17. The Southwest Gateway Development Plan, required by Lodi Municipal Code Chapter
17.33 PD Planned Development District, consists of a master planned residential
community for the future development of 1,230 residential units, 31 acres of parks and
trails, an elementary school, and related infrastructure.
SECTION 6: All conditions of approval for this pre-zoning are included as Attachment A.
SECTION 7: All ordinances and parts of ordinances in conflict herewith will be repealed
insofar as such conflict may exist upon the completion of the annexation of the subject
properties into the City of Lodi.
SECTION 8: 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 9: 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 shall 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 10: 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 take effect
30 days from and after its passage and approval.
Approved this 6” day of December, 2006
Mayor
Attest: @
RANDI JOHL
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do herby certify that Ordinance No, 1787
was introduced at a regular meeting of the City Council of the City of Lodi held November 15,
2006, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held December 6, 2006, by the following vote:
AYES:
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN:
COUNCIL MEMBERS - Beckrnan, Hansen, Johnson, and Mounce
COUNCIL MEMBERS - Mayor Hitchcock
I further certify that Ordinance No. 1787 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
RANDI JOHL
City Clerk
City Attorney
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EXHIBIT "A" TO CITY OF LODl ORDINANCE NO. 1787
The pre-zone of the entire 257.76 acres of the SW Gateway acres to PD (Planned
Development), which includes designations specific to housing, and publidquasi-public uses all
as shown on the attached map (Exhibit B), and approval of the pre-zone of the Other
Annexation Areas to R-MD (Residential Medium Density), which would allow for future
development of residential uses, are subject to the following conditions of approval. :
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Prior to the issuance of any tentative subdivision maps, final development plans shall be
subject to review and approval by Planning Commission. The development plan shall
include development standards for proposed residential units (i.e., building height,
setbacks, lot coverage and permitted accessory uses).
Prior to the issuance of any tentative subdivision maps, final park plans shall be subject to
review and approval by Parks and Recreation Department.
Prior to the issuance of a building permit the multi-family components of the project shall
be subject to review and approval by the Site Plan and Architectural Review Committee.
Development of the parcels identified as Other Annexation Areas shall be subject to the
zoning standards of the R-MD zoning district.
Prior to the development of any portion of the SW Gateway project, the
applicantkieveloper shall file for a tentative subdivision map. Review and approval of the
tentative subdivision map is a discretionary action and additional conditions of approval
may be placed on the project at that time.
The conditions of approval listed below are to be accomplished prior to deeming complete
the first Tentative Subdivision Map, unless noted otherwise:
A. Preparation of detailed master plans and supporting studies as listed below,
including engineering calculations, for all phases of the development. The study
area shall include all the area between Kettleman Lane, Lower Sacramento Road
and WID Canal and shall be coordinated with the master plans for the Southwest
a, Gateway Project south of Kettleman Lane.
Water master plan, including the following:
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ii. Identification of possible water well sites within the project area.
Surface water transmission and distribution facilities.
Developer shall coordinate test well drilling for determination of
actual well sites prior to mapping of adjacent lots.
Recycled water master plan, including the following:
Identification of areas to be irrigated.
ii. Detailed summary of demand calculations. Include Southwest Gateway
project demands in calculations.
iii. Detailed summary of pipe sizing calculations.
iv. Provisions for future westerly extension in Lodi Avenue and Vine
V. As an alternative to i) through iv) above, Developer may provide a
one-time payment, not to exceed $50,000, to partially fund the
Lodi Recycled Water Master Plan Study.
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C. Wastewater master plan.
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d. Storm drainage master plan, including storm drainage basin dimensions
and details. Retention basins shall be designed as passive 'bypass
systems. Identify a single-facility designate to receive low flow and first
flush flows.
Streets/circulation plan, including the following:
I. Dimensions of street rights-of-way, including Kettleman Lane and
Lower Sacramento Road, bike/pedestrian/open space corridor
and utility corridors.
ii. Traffic analysis of operations at critical intersections to determine if
supplemental right-of-way is required.
iii. Typical cross-section diagrams showing proposed utilik, locations
and demonstrating that sufficient width has been provided to meet
separation requirements between pipes.
Traffic round-about in Lodi Avenue.
Traffic calming features at cross intersections, along long, straight
streets and at other locations as required by the Public Works
Director.
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f. Transit study to identify new or modified routes to serve the area.
9. Topography for the entire study area to confirm validity of water,
wastewater and storm drain master plans.
h. Composite utility diagram to facilitate review of potential utility crossing
conflicts.
I. Modification of the Lodi Bicycle Transportation Master Plan. The current
master plan includes a Class I bike path along the westerly project
boundary that would be part of the City-wide recreational trail in
conformance with the Parks and Recreation Master Plan. This bike trail
can be incorporated into the proposed north-south bicycle/pedestrian
corridor. The bicycle master plan also includes a Class II or 111 bike
boulevard extending north-south from the WID canal north of Lodi Avenue
to Harney Lane and east-west along the extension of Vine Street and
Class II bike lanes along Lodi Avenue. All modifications to the bicycle
master plan shall be to the approval of the City Council.
Parks and Recreation master plan.
Water, recycled water, wastewater and storm drain master plans for the project have been
submitted and first check Public Works Department comments on the plans were issued
on June 26, 2006. The plans require revision.
In addition, on July 21, 2006, City staff forwarded information to the developer's engineer
regarding existing utility crossings, preferred utility alignments, existing easements and
design requirements to be used in establishing utility alignments for the project. The
project improvements must respect the preferred alignments and existing easements. For
example, new pipes along Westgate Drive south of the project site need to be on the west
side of the street which will require dedication of additional land to provide a utility corridor.
The required master plans and supporting studies are necessary to confirm the design of
the proposed development and will affect the number of growth management allocations
that can ultimately be utilized. If the Developer agrees that the proposed project layout and
number of growth management allocations approved may be subject to revision based on
the results of the completed master plans and studies, the development or growth
management plan and accompanying growth management allocations may be approved
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prior to completion and approval of the master plans and supporting studies. Completion
and approval of the master plans and studies must then be accomplished prior to submittal
of the first tentative map for the project.
B. Phasing analysis to be approved by the City prior to submittal of the first tentative
map. The analysis shall include the following:
Phase boundaries and number of units to be constructed with each phase.
Permanent and interidtemporary facilities required to implement each
phase based on the mitigation monitoring program and the above
mentioned master plans.
Master utility calculations for permanent and interidtemporary facilities to
be constructed with each phase.
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C. Preparation of a Traffic Mitigation Implementation and Financing Plan that details
each of the physical improvements and the timing and geometric changes listed in
Table 1V.B-6 of the Environmental Impact Report (EIR) for both the Existing +
Project and Cumulative scenarios (cumulative to address Impact TRANS-2 in the
EIR), who will be responsible for implementing the improvement, how the
improvement will be funded, including a reimbursement program where
appropriate, and the schedule or trigger for initiating and completing construction
prior to the intersection operation degrading to an unacceptable level.
D. Finance and Implementation Plan to identify funding for the required public
improvements and interidtemporary improvements for each phase of the project.
The Finance and Implementation Plan is dependent on the above mentioned
master plans and phasing analysis and shall be approved by the City prior to
submittal of the first tentative map.
All mitigation measures for the project, identified in the Final Environmental Impact Report
(FEIR), and set out in the Mitigation Monitoring and Reporting Program are hereby
incorporated into this approval.
All applicable state statutes, and local ordinances, including all applicable Building and
Fire Code requirements for hazardous materials shall apply to the project.
Prior to submittal of building permits, the applicant shall submit construction elevations,
perspective elevations, precise landscape and irrigation plans, as well as building
materials for the review and approval of the Community Development Director and Public
Works Director. Said plans shall indicate that all corner lots shall have architectural
treatments on both street facing elevations.
Prior to submittal of building permits, the applicant shall submit a walls and fencing plan.
Said plan shall show all proposed walls and fencing. Fencing visible to the public right of
way shall be constructed of treated wood or alternative material to prevent premature
deterioration. Furthermore, all fencing within the project site shall be designed with steel
posts, or a functional equivalent, to prevent premature deterioration and collapse.
Within 90 days of the approval of this project, whichever occurs first, the applicant shall
sign a notarized affidavit stating that “l(we), -, the owner(s) or the owner’s
representative have read, understand, and agree to the conditions approving 2-04-01 .”
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Immediately following this statement will appear a signature block for the owner or the
owner's representative which shall be signed. Signature blocks for the City Community
Development Director and City Engineer shall also appear on this page. The affidavit shall
be approved by the City prior to any improvement plan or final map submittal.
12. As part of Mitigation Measure LU-2 of the Lodi Annexations EIR (EIR-05-01) the developer
must preserve agricultural land in perpetuity to mitigate significant impacts associated with
conversion of the 241 acres of Prime Farmland within the Southwest Gateway and 39
acres in the Other Areas to be Annexed. If the developer proceeds with the mitigation to
preserve land within an agricultural easement, and the City of the Lodi becomes party to
said easement, the developer shall pay the City a one-time administration fee of ten
thousand dollars. Said fee shall be paid prior to approval of the first tentative subdivision
map.
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EXHIBIT B
SOUTHWEST GATEWAY LAND USE PLAN
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