HomeMy WebLinkAboutResolutions - No. 2005-193RESOLUTION NO. 2005-193
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING A NEGATIVE
DECLARATION FOR A LODI MUNICIPAL CODE AMENDMENT TO
SECTION 13,12.150, SEWER CONNECTIONS OUTSIDE CITY, TO ALLOW
WINERIES LOCATED OUTSIDE THE CITY LIMITS TO CONNECT AND
DISCHARGE INDUSTRIAL GRADE WASTEWATER INTO THE CITY'S
INDUSTRIAL SEWERAGE SYSTEM AND FOR AN INDUSTRIAL SYSTEM
DISCHARGE PERMIT FOR THE VAN RUITEN FAMILY WINERY LOCATED
OUTSIDE THE CITY LIMITS TO CONNECT AND DISCHARGE INDUSTRIAL
GRADE WASTEWATER INTO THE CITY'S INDUSTRIAL SEWERAGE
SYSTEM AND LODI MUNICIPAL CODE AMENDMENT TO SECTION
13.12.020 (20) RELATING TO DEFINITION OF INDUSTRIAL SYSTEM
WHEREAS, in the spring of 2005, the City was approached by the Van Ruiten Family
Winery, located at 340 West Highway 12 in unincorporated San Joaquin County, requesting that
the winery be allowed to connect and discharge industrial grade wastewater into the City's
industrial sewerage system; and
WHEREAS, Lodi Municipal Code Section 13.12.150 currently prohibits wastewater
service connections and discharge from facilities located outside the City limits; and
WHEREAS, the City's industrial sewerage system has adequate capacity to collect and
dispose of wastewater from all industrial users within the City limits; and
WHEREAS, West Yost & Associates engineering consultants prepared an analysis of
the volume and strength of the Van Ruiten winery's industrial grade wastewater and concluded
that the City's industrial wastewater system facilities could accommodate the addition&
wastewater flow from the Van Ruiten winery; and
WHEREAS, wineries have existed in the Lodi community for over 150 years and play a
significant role in the community's identity and local economy; and
WHEREAS, wineries play a vital role in preserving the agricultural and rural greenbelt
that surrounds Lodi's urban area; and
WHEREAS, Downtown Lodi is the City's premier pedestrian retail area and extensive
City investment to revitalize Downtown has occurred in recent years; and
WHEREAS, increasing stringency in water quality regulations have made wastewater
discharge compliance difficult for wineries to continue their agricultural operations; and
WHEREAS, on June 15, 2005, City Council directed staff to initiate a Lodi Municipal
Code amendment to allow wineries located in unincorporated San Joaquin County to connect
and discharge into the industrial sewerage system if the system could accommodate the
additional wastewater flow and the winery opened a retail, wine tasting business in Downtown
Lodi; and
WHEREAS, also on June 15, 2005, the City Council executed a Memorandum of
Understanding (MOU) with the Van Ruiten Family Winery (dated June 7, 2005) to allow the Van
Ruiten winery to connect and discharge its industrial grade waste into the City's industrial
sewerage system in return for establishing a wine tasting room in Downtown Lodi; and
WHEREAS, an Initial Study was prepared for the proposed Lodi Municipal Code
amendment and Industrial System Discharge Permit and a proposed Negative Declaration was
circulated for public comment from August 1, 2005 through August 30, 2005, which is
incorporated herein by reference; and
WHEREAS, the State Clearinghouse circulated the proposed Negative Declaration to
State agencies for review on August 8, 2005 (SCH #2005082025); and
WHEREAS, no public or agency comments were received; and
WHEREAS, the City Council held a hearing on the proposed Lodi Municipal Code
amendment and Industrial System Discharge permit and considered all public testimony and
pertinent information and documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council makes the following
findings:
1) A number of General Plan Land Use Element goals and policies support
preservation of Lodi's small-town and rural qualities, including the agricultural uses that form a
greenbelt surrounding the community as well as promoting downtown reinvestment, pedestrian
activities, and economic viability (i.e., Goals LU -B and D, and Policies LU -A.1, a.4, B.1, B.2, B.6,
D.1, 0,3), as discussed in the Initial Study/Negative Declaration.
2) The proposed project does not have the potential to substantially degrade the
quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a
fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or
animal community; substantially reduce the number or restrict the range of an endangered, rare
or threatened species; or eliminate important examples of the major periods of California history
or prehistory because no significant habitat, species, or resources are located in the area of the
proposed sewer connection.
3) The proposed project does not have the potential to achieve short-term
environmental goals to the disadvantage of long-term environmental goals because the City's
Regional Water Quality Control Board (RWQCB) industrial wastewater system permit authorizes
a specified amount of industrial grade wastewater to be discharged onto the City's agricultural
fields, of which the proposed project would be consistent with and not exceed the systems
capacity and allowed wastewater discharge chemical composition, as described in the Initial
Study. Further, Genera) Plan Land Use Element Goal J provides a safeguard that ensures that
adequate capacity is retained for future industrial wastewater generators within the City limits by
requiring the City maintain adequate levels of sewer collection and disposal service to meet the
needs of existing and projected development at City build -out. The proposed Lodi Municipal
Code amendment requires that industrial wastewater generators located outside the City limits
demonstrate that adequate capacity exists prior to authorizing the outside connection and
discharge.
4) The proposed project does not have possible environmental effects that are
individually limited but cumulatively considerable because, as described above, the amount of
industrial grade wastewater contributed to the City's industrial sewerage system is within the
systems capacity and consistent with and would not exceed the RWOCB's permitted discharge
amount or flow chemical composition requirements. As described above, General Plan Land
Use Element Goa J requires that the City maintain adequate levels of sewer collection and
disposal service to meet the needs of existing and projected development at City build -out, thus
providing a safeguard to ensure that adequate sewer capacity will be reserved for future
industrial waste generators within the City limits and requiring outside generators to
demonstrate that adequate capacity exists prior to authorizing the outside connection and
discharge. "Cumulatively considerable" means that the incremental effects of an individual
project are significant when viewed in connection with the effects of past projects, the effects of
other current projects, and the effects of probable future projects.
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5) The environmental effects of the proposed project would not cause substantial
adverse effects on human beings, either directly or indirectly, because, as described above and
in the Initial Study, the RWQCB permit ensures that water quality standards and requirements
are complied with to ensure human beings are not adversely impacted.
6) The proposed project requires that wineries located outside the City limits
establish a wine tasting room in Downtown Lodi, which currently has adequate parking, roadway
capacity, and land use designations to accommodate pedestrian -oriented, retail wine tasting
rooms.
BE IT FURTHER RESOLVED that the Lodi City Council hereby adopts the Negative
Declaration for the proposed Lodi Municipal Code amendments.
1 hereby certify that Resolution No, 2005-193 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held on September 7, 2005, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Beckman
NOES: COUNCIL MEMBERS -- Hitchcock
ABSENT: COUNCIL MEMBERS -- None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2005-193
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