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HomeMy WebLinkAboutOrdinances - No. 1796ORDINANCE NO. 1796 AN UNCODIFIED ORDINANCE OF THE LODl CITY COUNCIL AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODl AkD THEREBY REZONING 975,999, AND 1031 SOUTH FAIRMONT AVENUE; 1200WESTVlNESTREET;AND1201,1139,1133, 1127, 1121,AND 11 15 WEST CARDINAL STREET FROM RESIDENTIAL-COMMERCIAL- PROFESSIONAL OFFICE (RCP) AND RESIDENCE DISTRICT (R-2) TO PLANNED DEVELOPMENT (PD) FOR THE I LODl MEMORIAL HOSPITAL PROJECT ........................................................................ WHEREAS, a Negative Declaration (ND-06-04) 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. 07-03, and recommended approval at its meeting of February 28, 2007; and 1 ! WHEREAS, the Planning Commission of the City of Lodi recommends approval of the Residence, and RCP, Residential Commercial Professional Office, to PD,, Planned WHEREAS, the City Council, on April 4, 2007, approved Negative Declaration request of Lodi Memorial Hospital for a zone change (07-2-01) from R-2, Single Family Development, (07-2-01) to the City Council of the City of Lodi; and ! (ND-06-04) 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 Office. NOW, THEREFORE, BE,IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS: Section 1. The Lodi City Council hereby approves the request of Lodi Memorial Hospital for a zone change (07-2-01) from R-2, Single Family Residence, and RCP, Residential Commercial Professional Office, to PD, Planned Development. The Official District Map of the City of Lodi adopted by Title 17 of the Lodi Municipal Code is hereby amended as follows: 975, 999, and 1031 South Fairmont Avenue (APN 031-070-44, 031-070-45, and 031 -070-46); 1200 West Vine Street (APN 031 -070-37); and 1201, 1 139, 1133, 1127, 1121, and 1115 West Cardinal Street (APN 031-080-02, 031 -080-03, 031-080-04, 031-080-05, 031 -080-06, and 031 -080-07) are hereby rezoned from Residential-Commercial-Professional Office (RCP) and Residence District (R-2) to Planned Development (PD). Section 2. Section 4. No Mandatorv Dub 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 5. 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 6. 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 Lodi Municipal Code and the laws of the State of California applicable thereto. Section 7. All ordinances and parts of ordinances in conflict herewith are repealed Irisofar as such conflict may exist. Section 8. 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. Approved this 1 8'h y of April, 2007. %/k I BOB JOHNSOM' Mayor City Clerk State of California County of San Joaquin, ss I, Randi Johl, City Clerk of the City of Lodf, do hereby certify that Ordinance No. 1796 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, and Mounce NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Mayor Johnson I further certify that Ordinance No. 1796 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law;- &i?rz-- City Clerk ~ i i I City Attorney I 2