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HomeMy WebLinkAboutOrdinances - No. 1091ORDINANCE NO. 109 1 AMENDMENT TO CHAPTER 27 (ZONING ORDINANCE) OF REGULATING THE USE OF THE MOKELUMNE RIVER FLOODPLAIN. THE LODI MUNICIPAL CODE AMENDING SECTION 27- 12C The City Council of the City of Lodi does ordain as follows : Section 1. SEC. 27- 12C FP FLOODPLAIN DISTRICT (a) Scope and Intknt 1. This amendment to Chapter 27 (Zoning Ordinance) of the Lodi Municipal Code is intended to establish specific restrictions on the use of those properties or portions of properties which are situated both within the Planning Area of the City of Lodi and within the Mokelumne River Floodplain as defined below. Special regulation is necessary for the protection of the public health, safety and general welfare, and of property and improvements both within and without the floodplain from hazards and damage resnitingfrarn f4aed-+v&ers-anrd toTmm5tX - I -~ -- -- - - - ._ - -- . -- the Open Space Conservation Element policies of the City's General Plan. (b) Floodplain Boundaries 1. The Mokelumne River Floodplain is defined as that area adjacent to the normal river channel which could be expected to be inundated by an Intermediate Regional Flood, said area and flood having been defined by the United States Army Corps of Engineers for the City of Lodi in August, 1970. this delineation are on file in the office of the Secretary of the Maps and Data which reflect - 1- Planning Commission of the City of Lodi. (c) FP Zone 1. All areas within the boundaries of the Intermediate Regional Floodplain which are also within the City of Lodi are hereby re- zoned to the FP (Floodplain) Zone. 2. of the Intermediate Regional Floodplain, and which are also within the City of Lodi Planning Area as shown on the Lodi General Plan are hereby prezoned to the FP (Floodplain) Zone. (d) Uses Permitted 1. All areas not within the City of Lodi but within the boundaries The following uses are permitted without a Use Permit: (i) Agricultural a. Open space agricultural uses not requiring a closed building such as cropland, orchards, and livestock feeding and grazing. The storage of farm machinery which is readily re- b. - -- - . _-- -- movable from the area within the time available after flood warning . ( ii) Recreational a. b. Firmly anchored recreational floating docks. Modification or removal of native vegetation including trees, the installation of sprinkl-er systems, and the ins tallation of landscaping is permitted after obtaining written approval from the Community Development Director, provided that such proposed modifications -2 - in the Floodplain have been found to be consistent with the Open-Space Conservation Element of the General Plan. 2. The following uses may be permitted after approval of a con- ditional Use Permit by the City of Lodi and after approval by the State Department of Fish & Game and the Reclamation Board of the State of California, provided that as determined by said Reclamation Board, a combination of such uses within the floodplain does not materially increase the flood height of the Intermediate Regional Floodplain; and provided that as determined by the State Department of Fish & Game, that full mitigation measures will be used to protect and enhance the trees, native plant materials and wildlife in the floodplain, in accordance with good Fish & Game practices. (i) Outdoor private recreational facilities a. Campgrounds b. Boating Facilities c. Parks d. e. Athletic Fields f. Shooting Range Golf Course or Driving Range (ii) Fences, fills, walls, excavations or other appurtenances which do not constitute an obstruction or debris-catching obstacle to the passage of floodwaters and which are con- sistent with the Open Space-Conservation Element policies. -3- (iii) Private drives, bridges, and public utility wires and pipelines for transmission and distribution. (iv) Improvements in stream channel alignment, cross- section, and capacity including modification of riverbank or flood protection levee. (v) Structures that are designed to have a minimum effect upon the flow of water and are firmly anchored to prevent the structure from flotation, (excepting floating docks) provided no structures for human habitation shall be permitted. (vi) Other similar uses of a type not appreciably damaged by floodwaters. (e) State Board of Reclamation. State DeDartment of Fish & Game 1. All proposed structures, alterations, or modification of plant materials within the Intermediate Regional Floodplain shall be subject to the approval of the Reclamation Board and the State Department of Fish & Game. or reco mmend for approval any structure, alterations or modification of plant materials within the Intermediate Regional Floodplain until an application and environmental document has been reviewed by the State Board of Reclamation and the State Department of Fish & Game. The Lodi City Planning Commission will not approve Section 2. are repealed insofar as such conflict may exist. All Ordinances and parts of Ordinances in conflict herewith -4- Section 3. 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 thirty days from and after its passage and approval. Approved this 5th day of January 1977 n RICHARD L. HUGHES Mayor City Clerk 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. 1091 was introduced at a regular meeting of the City Council of the City of Lodi held December 15, 1976 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held January 5, 1977 by the following vote: Aye s : Councilmen - EHRHARDT, KATNICH, KATZAKIAN, PINKERTON and HUGHES - ._ Noes: Councilmen - None Absent: Councilmen - None I further certify that Ordinance No. 1091 was approved and signed by the Mayor on the date of its p?ssage and the same has been published pursuant to law. City Clerk - 5-