HomeMy WebLinkAboutAgenda Report - May 18, 2016 G-01 PHAGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Public Hearing to Introduce an Ordinance to Modify the Zoning Code to Require
Design Review for Multi -Family Structures in the Medium Density Residential and
High Density Residential Zoning Designations
MEETING DATE: May 18, 2016
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Public hearing to introduce an ordinance to modify the Zoning Code
to require design review for multi -family structures in the Medium
Density Residential and High Density Residential zoning
designations.
BACKGROUND INFORMATION: On April 13, 2016, the Planning Commission held a public hearing
to review the Zoning Code, accept public testimony, and adopted a
resolution recommending the City Council modify the existing
zoning code to require the Site Plan and Architecture Review Committee to review multi -family structures
in the Medium Density Residential and High Density Residential zoning designations.
The City of Lodi adopted the current General Plan in April 2010 and then adopted the current
development code in March of 2013. The new development code required most new structures in Lodi
to go through a formal design review process.
The existing zoning code however, does not require design review for multi -family dwelling units that are
added to existing residential lots. Within the Medium Density Residential zoning district, a number of
new multi -family structures have been built that change the massing and scale of properties and the new
structures do not necessarily match the architecture of existing structures.
Staff is not opposed to the density of these properties and is not looking to reduce allowed uses. Some
review needs to take place however, in regard to the aesthetic change of these properties and the
change in property massing and scale.
Lack of design review over new multi -family structures was an oversight and not the original intention by
staff in the adoption of the current development code. The previous development code did require
design review of multi -family projects.
Section 17.40.020 — Table 4-2 provides the existing review standards.
B. Applicability. Table 4-2 identifies when Site Plan and Architectural Approval is required, and the
responsible review authority.
APPROVED: _
Ste e " aba er, City Manager
PH Zoning Code SPARC Review
Page 2 of 3
TABLE 4-2
Applicability of Site Plan and Architectural Approval
Site Plan and Architectural Approval
Requirement
Type of Project
Exempt
Director
SPARC
Review
Review
Individual single-family homes and accessory structures, including
additions and alterations, under individual applications in the R-1, R-
1 E, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or functionally
insignificant bthe Director.
Multiple single-family detached homes and accessory structures in the
R-1, R -IE, and R-2 zoning districts. 1)
Multi -family dwellings and accessory structures in the RMD and RHD
zoning districts. 4
Temporary structures that will be removed within one year. (2)
Additions and alterations in all zoning districts, except the R-1, R -IE,
R-2, RMD, and RHD zones, that do not meet the specific criteria
above. 2 3
Nonresidential development containing up to 10,000 square feet of
total gross structure area. (3)
Nonresidential development containing 10,000 square feet or more of
total gross structure area. (3)
1
1
1
All other land uses.
7471
Notes:
(1) Only where the same basic design will be used more than once in the same subdivision.
(2) Landscaping plans may be required.
(3) Site Plan and Architectural Approval shall be required for new structures and addition or reconstruction projects that are
equal to 50 percent or greater of the floor area of the existing structures on the site and where the cumulative square
footage of a development project exceeds 10,000 square feet, even though individual structures may be less than 10,000
square feet.
i Plan and Architectural aRpMvAl sholl be muired for new multi-famil. yroj2o on- and new
construction, additions or reeanstruction nroiecb that are eQual to. 5f) percent or greater of the floor area of the
existing structures un a developed site,
Staff recommends adding new note 4 to Multi -family dwellings and accessory structures in the RMD and
RHD zoning districts.
New Note 4 — Site Plan and Architectural approval shall be required for new multi -family projects on
vacant parcels and new construction, additions or reconstruction projects that are equal to 50 percent or
greater of the floor area of the existing structures on a developed site.
ENVIRONMENTAL ASSESSMENTS:
The project was found to be Categorically Exempt according to the California Environmental Quality Act,
Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement action by regulatory
agencies" because it is the "adoption of an administrative decision or order enforcing or revoking the
lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or
objective." No significant environmental impacts are anticipated and no mitigation measures are
required.
PH Zoning Code SPARC Review
Page 2 of 3
RECOMMENDATION
The Planning Commission recommended that the City Council modify the existing zoning code to require
the Site Plan and Architecture Review Committee to review multi -family structures in the Medium Density
Residential and High Density Residential zoning designations.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Attachments:
1) Planning Commission Staff Report
2) Planning Commission Resolution
3) City Council Draft Ordinance
CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE: April 13, 2016
APPLICATION NO: Zoning Code: 2016-08 Z
REQUEST: Request for Planning Commission to modify the zoning code to
require multi -family structures in the Medium Density Residential
and High Density Residential zoning designations to require design
review and make recommendation to the City Council. (Applicant:
City of Lodi; File 2016-07 Z; CEQA Determination: Exempt per
Section 15321)
LOCATION: The RMD and HDM zoning designations
APPLICANT: City of Lodi
221 West Pine Street.
Lodi, CA 95240
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached resolution recommending
the City Council modify the existing zoning code to require multi -family structures in the Medium
Density Residential and High Density Residential zoning designations to require design review
from the Site Plan and Architecture Review Committee.
BACKGROUND / ANALYSIS
The City of Lodi adopted the new General Plan in April 2010 and then adopted the new
development code in March of 2013. The new development code required most new structures
in Lodi to go through a formal design review process.
However, the existing zoning code does not require design review for multi -family dwelling units
that are added to existing residential lots. Within the Medium Density Residential zoning district,
a number of new multi -family structures have been built that change the massing and scale of
properties and the new structures do not necessarily match the architecture of existing
structures.
Staff is not opposed to the density of these properties and is not looking to reduce allowed uses.
However, some review needs to take place in regard to the aesthetic change of these properties
and the change in property massing and scale.
Staff believes that this was an oversight and not the original intention by staff to not have design
review over new multi -family structures. The previous development code did require design
review of multi -family projects.
Section 17.40.020 — Table 4-2 provides the existing review standards.
B. Applicability. Table 4-2 identifies when Site Plan and Architectural Approval is required, and the
responsible review authority.
TABLE 4-2
Applicability of Site Plan and Architectural Approval
Site Plan and Architectural Approval
Requirement
Exempt
Director
SPARC
Type of Project
Review
Review
Individual single-family homes and accessory structures, including
additions and alterations, under individual applications in the R-1, R-
IE, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or functionally
insignificant by the Director.
Multiple single-family detached homes and accessory structures in the
R-1, R-lE, and R-2 zoning districts. (1)
Multi -family dwellings and accessory structures in the RMD and RHD
zoning districts. (0 ill
Temporary structures that will be removed within one year. (2)
Additions and alterations in all zoning districts, except the R-1, R -IE,
R-2, RMD, and RHD zones, that do not meet the specific criteria
above. (2) (3)
Nonresidential development containing up to 10,000 square feet of
total gross structure area. (3)
Nonresidential development containing 10,000 square feet or more of
total gross structure area. (3)
All other land uses.
Notes:
(1) Only where the same basic design will be used more than once in the same subdivision.
(2) Landscaping plans may be required.
(3) Site Plan and Architectural Approval shall be required for new structures and addition or reconstruction
projects that are equal to 50 percent or greater of the floor area of the existing structures on the site and
where the cumulative square footage of a development project exceeds 10,000 square feet, even though
individual structures may be less than 10,000 square feet.
(4) Site Plan and Architectural approval shall be required for new multi -family proiects on vacant
parcels and new construction, additions or reconstruction proiects that are equal to 50 percent or
greater of the floor area of the existing structures on a developed site.
Staff recommends adding new note 4 to Multi -family dwellings and accessory structures in the
RMD and RHD zoning districts.
New Note 4 — Site Plan and Architectural approval shall be required for new multi -family
projects on vacant parcels and new construction, additions or reconstruction projects that are
equal to 50 percent or greater of the floor area of the existing structures on a developed site.
ENVIRONMENTAL ASSESSMENTS:
The project was found to be Categorically Exempt according to the California Environmental
Quality Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement
action by regulatory agencies" because it is the "adoption of an administrative decision or order
enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing
K
the general rule, standard, or objective." No significant environmental impacts are anticipated
and no mitigation measures are required.
PUBLIC HEARING NOTICE:
Legal Notice for this item was published in the Lodi News Sentinel on Saturday, April 2, 2016.
RECOMMENDED MOTIONS
Should the Planning Commission agree with staff's recommendation, the following motion is
suggested:
"I move that the Planning Commission adopt the attached resolution recommending the City
Council amend the Zoning Code to allow SPARC review of new multi -family housing
structures."
ALTERNATIVE PLANNING COMMISSION ACTIONS:
• Approve the request with attached or alternate conditions
• Deny the request
• Continue the request.
Respectfully Submitted, Concur,
Craig Hoffman
City Planner
ATTACHMENTS:
1. Draft Resolution
Stephen Schwabauer
Community Development Director
9
RESOLUTION NO. P.C. 16-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING
THE CITY COUNCIL AMEND THE ZONING CODE TO REQUIRE MULTI -FAMILY STRUCTURES IN
THE MEDIUM DENSITY RESIDENTIAL AND HIGH DENSITY RESIDENTIAL ZONING
DESIGNATIONS TO REQUIRE DESIGN REVIEW.
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public
hearing, as required by law, on the requested determination, in accordance with the
California Government Code Section 65402.(a); and
WHEREAS, the project proponent is City of Lodi, 221 West Pine Street, Lodi, CA 95240; and
WHEREAS, The City of Lodi adopted the new General Plan in April 2010 and then adopted the
new development code in March of 2013. The new development code required most
new structures in Lodi to go through a formal design review process; and
WHEREAS, The existing zoning code does not require design review for multi -family dwelling
units that are only built once; and
WHEREAS, Within the Medium Density Residential zoning district, a number of new multi -family
structures have been built that change the massing and scale of properties and the
new structures do not necessarily match the architecture of existing structures; and
WHEREAS, Staff is not opposed to the density of these properties and is not looking to reduce
allowed uses. However, some review needs to take place in regard to the aesthetic
change of these properties and the change in property massing and scale; and
WHEREAS, Staff believes that this was an oversight and not the original intension to not have
design review over new multi -family structures. The previously development code
did require design review of multi -family projects; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
Based upon the evidence in the staff report and project file, the Planning Commission of the City of
Lodi makes the following findings:
1. The project was found to be Categorically Exempt according to the California Environmental
Quality Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement
action by regulatory agencies" because it is the "adoption of an administrative decision or order
enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing
the general rule, standard, or objective." No significant environmental impacts are anticipated
and no mitigation measures are required.
2. Modifications to the development code would allow design review over new multi -family
structures and will be consistent with the development standards of the adopted General Plan
and will be subject to Zoning regulations.
3. The modifications to the zoning code will be consistent with State law.
4. Modifications to the development code would be subject to the provisions of other laws or
ordinances and will not be detrimental to the health, safety or general welfare of persons
residing or working in the City or be detrimental or injurious to the health, safety, peace or
general welfare of the City.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of the
City of Lodi that the following proposed language be recommended for approval and adoption by the
City Council and included in the municipal code as follows:
Section 17.40.020
B. Applicability. Table 4-2 identifies when Site Plan and Architectural Approval is required, and the
responsible review authority.
TABLE 4-2
Applicability of Site Plan and Architectural Approval
Site Plan and Architectural Approval
Requirement
Type of Project
Exempt
Director
SPARC
Review
Review
Individual single-family homes and accessory structures, including
additions and alterations, under individual applications in the R-1, R-
IE, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or functionally
insignificant by the Director.
Multiple single-family detached homes and accessory structures in the
R-1, R -IE, and R-2 zoning districts. (1)
Multi -family dwellings and accessory structures in the RMD and RHD
zoningdistricts. 04
Temporary structures that will be removed within one year. (2)
Additions and alterations in all zoning districts, except the R-1, R -IE,
R-2, RMD, and RHD zones, that do not meet the specific criteria
above. (2).(3
Nonresidential development containing up to 10,000 square feet of
total gross structure area. (3)
Nonresidential development containing 10,000 square feet or more of
total gross structure area. (3)
All other land uses.
Notes:
(1) Only where the same basic design will be used more than once in the same subdivision.
(2) Landscaping plans may be required.
(3) Site Plan and Architectural Approval shall be required for new structures and addition or reconstruction
projects that are equal to 50 percent or greater of the floor area of the existing structures on the site and
where the cumulative square footage of a development project exceeds 10,000 square feet, even though
individual structures may be less than 10,000 square feet.
(4) Site Plan Rd _ArcltiLecturid approval .shall be renuired for new mul[Wilhm11Y prolects on vacant
pareels and new eandrigg-o . addiftogar Eypadruction prpjectg Mat are equal to 50 percent or
grgxter of the floor area of'the existing structureson a. develoUld sik
Dated: April 13, 2016
1 certify that Resolution No. 16-10 was passed and adopted by the Planning Commission of the City
of Lodi at a regular meeting held on April 13, 2016 by the following vote:
AYES: Commissioners: Cummins, Kiser, Olson, Slater and Vice -Chair Hennecke
NOES: Commissioners: None
ABSENT: Commissioners: Kirsten and Chair Heinitz
ATTEST
Secretary, Planning Commission
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE CHAPTER 17.40 -
PERMIT APPROVAL OR DISAPPROVAL BY REPEALING AND
REENACTING SECTION 17.40.020 (B) APPLICABILITY TABLE
4-2 FOR SITE PLAN AND ARCHITECTURAL APPROVAL
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Section 17.40.020 (B) Applicability Table 4-2 "Site
Plan and Architectural Approval" is hereby repealed and reenacted to read as follows:
B. Applicability. Table 4-2 identifies when Site Plan and Architectural Approval is required, and the
responsible review authority.
TABLE 4-2
Applicability of Site Plan and Architectural Approval
Site Plan and Architectural Approval
Requirement
Type of Project
Exempt
Director
SPARC
Review
Review
Individual single-family homes and accessory structures,
including additions and alterations, under individual applications
in the R-1, R-1 E, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or
functionally insignificant by the Director.
Multiple single-family detached homes and accessory structures
in the R-1, R-1 E, and R-2 zoning districts. (1)
Multi -family dwellings and accessory structures in the RMD and
RHD zoning districts. (4-) u
Temporary structures that will be removed within one year. (2)
Additions and alterations in all zoning districts, except the R-1,
R-1 E, R-2, RMD, and RHD zones, that do not meet the specific
criteria above. 2 3
Nonresidential development containing up to 10,000 square feet
of total gross structure area. (3)
Nonresidential development containing 10,000 square feet or
more of total gross structure area. (3)
All other land uses.
Notes:
(1) Only where the same basic design will be used more than once in the same subdivision.
(2) Landscaping plans may be required.
(3) Site Plan and Architectural Approval shall be required for new structures and addition or
reconstruction projects that are equal to 50 percent or greater of the floor area of the
existing structures on the site and where the cumulative square footage of a development
project exceeds 10,000 square feet, even though individual structures may be less than
10,000 square feet.
(4) Site Plan and Architectural approval shall be required for new multi -family projects
on vacant parcels and new construction, additions or reconstruction projects that
are eaual to 50 percent or areater of the floor area of the existina structures on a
developed site.
Section 2. 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 3. 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 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved this day of , 2016
MARK CHANDLER
Mayor
2
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City
of Lodi held May 18, 2016, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held , 2016, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
Lodi City Attorney's Office
By:
JANICE D. MAC ICH
City Attorney
r
IroF
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO INTRODUCE AN ORDINANCE TO MODIFY THE
ZONING CODE TO REQUIRE DESIGN REVIEW FOR MULTI -FAMILY
STRUCTURES IN MEDIUM DENSITY RESIDENTIAL AND HIGH DENSITY
RESIDENTIAL ZONING DESIGNATIONS
PUBLISH DATE: SATURDAY, MAY 7, 2016
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
DATED: THURSDAY, MAY 5, 2016
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
—9 0.
PAMELA M. FARRI
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Emailed to the Sentinel at dianer@lodinews.com at.. timed on (400).. (pages)
LNS Phoned to confirm. 1066.101ofall p8fg138 at (ti" .'j' 00416)
forms\advins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO INTRODUCE AN ORDINANCE TO MODIFY THE
ZONING CODE TO REQUIRE DESIGN REVIEW FOR MULTI -FAMILY
STRUCTURES IN MEDIUM DENSITY RESIDENTIAL AND HIGH
DENSITY ZONING DESIGNATIONS
On Thursday, May 5, 2016, in the City of Lodi, San Joaquin County, California, a Notice
of Public Hearing for discussion of the Community Development Block Grant program
(attached and marked as Exhibit A), was posted at the following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
WorkNet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 5, 2016, at Lodi, California.
PAMELA M. FARRIS
DEPUTY CITY CLERK
NA\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
• CITY OF LOIN
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: May 18, 2016
Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Ferraiolo
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, May 18, 2016, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Introduce an ordinance to modify the zoning code to require
design review for multi -family structures in Medium Density
Residential and High Density Residential zoning designations.
Information regarding this item may be obtained in the Community Development
Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are
invited to present their views and comments on this matter. Written statements may be
filed with the City Clerk, City Hall, 221 West Pine Street,. 2nd Floor, Lodi, 95240, at any
time prior to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
By Order of the Lodi City Council:
r•
e nifer M. erraiolo
iiy Clerk
Dated: May 4, 2016
Approved as to form:
f
nu e D. Magdich
City Attorney
r N
CLERK\PUBHEAR\NOTICES\NOT_ZoningOrd.doc 5/2/16
SUBJECT:
Please immediately confirm receipt
q ( thin fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
A.DVMTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NOS. 1920, 1921
PUBLISH DATE: SATURDAY, MAY 21, 2016
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, MAY 19, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
SEND PROOF OFADVERTISEMENT. THANK YOU!!
Emailed to the Sentinel at at dianer@lodinews.com '
@ .��D. :gime] on tdatq)(PA9RS)
LNS Phoned to confirm receipt of all pages at 01me) P ` F ES (lfiithils)
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1920
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 17.40 — PERMIT APPROVAL OR DISAPPROVAL — BY REPEALING AND
REENACTING SECTION 17.40.020 (B) APPLICABILITY TABLE 42 FOR SITE PLAN AND
ARCHITECTURAL APPROVAL. The purpose of this ordinance is to modify the City's current
Zoning Code to require design review by the Site Plan and Architectural Review Committee of
multi -family structures in the Medium Density Residential and High Density Residential zoning
designations. Introduced May 18, 2016. Adoption to be considered June 1 2015. AYES:
Johnson, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Kuehne.
ORDINANCE NO. 1921
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 1.08 — GENERAL PENALTY — BY REPEALING AND REENACTING SECTION
1.08.010 (A), "GENERAL PENALTY." The purpose of this ordinance is to give the City Attorney
prosecutorial discretion to downgrade Lodi Municipal Code violations to infractions if the change
is deemed appropriate in the interests of justice. Introduced May 18, 2016. Adoption to be
considered June 1 2016. AYES: Johnson, Mounce, Nakanishi, and Mayor Chandler; NOES:
None; ABSENT: Kuehne.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
May 18, 2016
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
�QDECLARATION OF •
IFpR
ORDINANCE NO. 1920
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 17.40 — PERMIT APPROVAL OR DISAPPROVAL — BY REPEALING AND
REENACTING SECTION 17.40.020 (B) APPLICABILITY TABLE 42 FOR SITE PLAN
AND ARCHITECTURAL APPROVAL
On Thursday, May 19, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1920 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 19, 2016, at Lodi, California.
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
ORDINANCE NO. 1920
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE CHAPTER 17.40 — PERMIT
APPROVAL OR DISAPPROVAL — BY REPEALING AND
REENACTING SECTION 17.40.020 (B) APPLICABILITY
TABLE 4-2 FOR SITE PLAN AND ARCHITECTURAL APPROVAL
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Section 17.40.020 (B) Applicability Table 4-2 "Site
Plan and Architectural Approval' is hereby repealed and reenacted to read as follows:
B. Applicability. Table 4-2 identifies when Site Plan and Architectural Approval is required, and the
responsible review authority.
TABLE 4 -2 -
Applicability of -Site Pian and:Architectural Approval
S1Ee=PCanAnd A�cl it+ecEural APpi�v�1
tern' -
Type o{ Pr6ject.
Ezempt r
+ailracor
SPARC
Reitieily
EW146W
Individual single-family homes and accessory structures,
including additions and alterations, under individual applications
in the R-1, R-1 E and R-2 zoning districts.
Ground floor additions and alterations deemed visually or
functionally insignifibant by the Director:
Multiple single-family detached homes and accessory structures
in the R-1, R-1 E, and R-2 zonIng districts. 1
Multi -family dwellings and accessory structures in the RMD and
RHD zoning districts. 4:
Temporary structures that will be removed within one year. (2)
Additions and alterations in all zoning districts, except the R-1,
R-1 E, R-2, RMD, and RHD zones, that do not meet the specific
criteria above. 2 3
Nonresidential development containing up to 10,000 square feet
of total gross structure area. 3
Nonresidential development containing 10,000 square feet or
more of total gross structure area. 3
All other land uses.
Notes:
(1) Only where the same basic design will be used more than once in the same subdivision.
(2) Landscaping plans may be required.
(3) Site Plan and Architectural Approval shall be required for new structures and addition or
reconstruction projects that are equal to 50 percent or greater of the floor area of the
existing structures on the site and where the cumulative square footage of a development
project exceeds 10,000 square feet, even though individual structures may be less than
10,000 square feet.
(4) Site Plan and Architectural approval shall be required for naw mu#J46rnlly prejos on
vacant parcels and new construction; additions or reconstruction projects.. that are equal
to 50 percent or greater of the floor area of the existing structures on a developed site.
See
ion 2. No M ndato 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 3. Severabiiit . 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 . All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved this day of , 2016
MARK CHANDLER
Mayor
2
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1920 was introduced at a regular meeting of the City Council of the City
of Lodi held May 18, 2016, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held , 2016, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 1920 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form:
Lodi City Attorney's Office
In
JANICE D. MAGDICH
City Attorney
JENNIFER M. FERRAIOLO
City Clerk