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HomeMy WebLinkAboutOrdinances - No. 1795ORDINANCE NO. 1795 AN UNCODlFlED ORDINANCE OF THE LODl CITY COUNCIL AMENDIW THE OFFICIAL DISTRICT MAP OF THE CITY OF LODl AND THEREBY REZONING 1325 AND 1333 SOUTH CENTRAL AVENUE (APN 047-270-1 1 AND 047-270-12) FROM SINGLE FAMILY RESIDENTIAL EASTSIDE (RE-I) TO GENERAL COMMERCIAL (C-2) FOR THE GIN1 PROJECT ____________________-----_-----------------------------_----_----_---_-- ____________________----------------------------------------------_----- WHEREAS, a Negative Declaration (ND-06-03) has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided hereunder. Further, the Planning Commission has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in its Resolution No. P.C. 06-55 and recommended approval at its meeting of February 14, 2007; and WHEREAS, the Planning Commission of the City of Lodi recommends approval of the request of Kenneth J. Gini on behalf of the Gini Project for a zone change (06-2-01) from Single Family Residential Eastside (RE-1) to General Commercial (C-2) to the City Council of the City of Lodi; and WHEREAS, the City Council, on April 4, 2007, approved Negative Declaration (ND-06-03) as adequate environmental documentation of said request; and WHEREAS, the City Council, on April 4, 2007, amended the General Plan for the said project to General Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS: Section 1. The Lodi City Council hereby approves the request of Kenneth J. Gini, 1325 South Central Avenue, Lodi, CA 95240, on behalf of the Gini Project, for a zone change (06-Z-01) from Single Family Residential Eastside (RE-I) to General Commercial (C-2). The Official District Map of the City of Lodi adopted by Title 17 of the Lodi Municipal Code is hereby amended as follows: 1325 and 1333 South Central Avenue (APN 047-270-11 and 047-270-12) are hereby rezoned from Single Family Residential Eastside (RE-I) lo General Commercial (C-2) for the Gini Project. Section 2. -e. 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 4. 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 can 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 5. The alterations, changes, and amendments of said Official District Map of the City of Lodi herein set forth have been approved by the City Planning Commission and by the City Council of this City after public hearings held in conformance with provisions of Title 17 of the Lcdi Municipal Code and the laws of the State of California applicable thereto. Section 6. as such conflict may exist. Section 7. 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 30 days from and after its passage and approval. All ordinances and parts of ordinances in conflict herewith are repealed insofar Approved this 18” da of April, 2007 /G% 1- Attest: /- City Clerk State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1795 was introduced at a regular meeting of the City Council of the City of Lodi held April 4, 2007, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 18, 2007, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1795 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. n * NDI JOHL City Clerk City Attorney 2