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HomeMy WebLinkAboutOrdinances - No. 1811ORDINANCE NO. 181 1 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl REPEALING AND REENACTING ORDINANCE 964 IN ITS ENTIRETY SETTING FORTH A SPECIFIC PLAN FOR SOUTH HUTCHINS STREET BETWEEN WEST KETTLEMAN LANE AND WEST HARNEY LANE _________-_________________l_l__________------------------------------ _______________-________________________-------------------------------- BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS: Ordinance 964, adopted November 17, 1971, is hereby repealed in its entirety and re-enacted to read as follows: Section 1. Authority. Pursuant to the provisions of Chapter 3 (commencing at Section 65450) of Title 7 of the Government Code of the State of California and pursuant to that certain General Plan, as amended, for the City of Lodi adopted by City Council Resolution No. 1885 on October 5, 1955, a Specific Plan for South Hutchins Street between West Kettleman Lane and West Harney Lane is hereby adopted. The Specific Plan adopted hereby includes the regulations prescribed by this Ordinance and includes drawings 71 D57, 71 D58, and 7f D59 on file with the Public Works Department. Section 2. and protect the health, safety, convenience, and welfare of the citizens of the City of Lodi. Section 3. Description. Drawings 71 D57, 71 D58, and 71 D59 display the Plan view of South Hutchins Street between West Kettleman Lane and West Harney Lane; however, the design standards set forth in Drawings 71D57, 71D58, and 71D59 may be modified to the extent required as a result of dilapidation, budget, and new technology within the discretion of the Public Works Director. Section 4. Regulations. The minimum front yard or street side yard required for buildings or structures by Section 27 of the Lodi Municipal Code (Zoning Ordinance) as amended shall be measured from the future right-of-way line as depicted on Drawings 71 D57, 71 5D8, and 71 D59. Section 5. Homeowners. Homeowners with the Specific Plan may repair or replace their own fences in advance of the City schedule at their own expense to the standard established in Section 3. Section 6. Violation. Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting or assisting in any use of land, which is in violation of the provisions of this Ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more five hundred dollars ($500) or by imprisonment in the County Jail for a term of not more than six (6) months or by both such fine and imprisonment. Section 7. insofar as such conflict may exist. SECTION 8. No Mandatow Dutv 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. Purpose. It is hereby declared that this Specific Plan is adopted to provide for All Ordinances and parts of Ordinances in conflict herewith are hereby repealed 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 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 10. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 11. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 7Ih day of May, 2008 I/hayor 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. 1811 was introduced at a regular meeting of the City Council of the City of Lodi held April 16, 2008, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May 7, 2008, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 181 1 was approved and signed by the Mayor on the date of its passage and the same has been published pursuantw. Approved to Form: .. City Clerk ------/ City Attorney 2