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Home My WebLink AboutAgenda Report - August 19, 2015 I-01AGENDA ITEM TO, CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance to Modify the Existing Zoning Code to Allow Transitional and Supportive Housing in All Zones Where Residential Housing is an Allowed Use, Subject to the Provisions of Other Laws or Ordinances. MEETING DATE: August 19, 2015 PREPARED BY: Community Development Department RECOMMENDED ACTION: Introduce an ordinance to modify the existing Zoning Code to allow transitional and supportive housing in all zones where residential housing is an allowed use, subject to the provisions of other laws or ordinances. BACKGROUND INFORMATION: The City of Lodi is currently updating its General Plan Housing Element. This is a document the City Council will review and ultimately approve in the upcoming months. As part of this update, staff is reviewing all State Law updates and changes that affect housing and any modifications to the Zoning Code that are needed. In 2014 the State updated requirements for transitional and supportive housing. This update requires that transitional and supportive housing be permitted in all zones residential housing is allowed. Within section 17.18.030 - Table 2-4, transitional and supportive housing is only allowed in the Medium and High Density zoning districts. State law requires transitional and supportive housing be allowed in all districts where residential housing is allowed. This would include modifying the Development Code to also allow transitional and supportive housing in the Low Density Residential, Mixed Use Corridor, Downtown Mixed Use and Mixed Use Center zoning districts. The Department of Housing and Community Development defines "Transitional Housing" as buildings configured as short term programed rental housing. Transitional housing is treated the same as a residential use in a residential zone. This is typically short term housing that helps an individual transfer to living on their own without additional services provided. "Supportive Housing" is typically for the elderly, persons with disabilities, including a developmental disability, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. Supportive housing is typically linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community A memo from the Department of Housing and Community Development is included as Attachment 1. The Planning Commission considered this item at the July 22, 2015 meeting and recommended that the City Council amend the Zoning Code to allow transitional and supportive housing in all zones where residential housing is an allowed use. The resolution is Attachment 2. APPROVED: tep en §c-h"uer, City Manager FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Steve S hwabauer Community Development Director Attachments: 1. Memo from HCD 2, Planning Commission Resolution 3, Draft Ordinance STATE OF CALIFORNIA - BUSINESS CONS1JMER SERVICES AND HOUSING AC-,F=N(Y EDMUND G. BROWN JR Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. EI Camino Avenue, Suite 500 " o Sacramento CA 95833 (916) 263-2911 I FAX (916) 263-7453 www.hcd.ca.gov DATE: MEMORANDUM April 24, 2014 TO: Planning Directors and Interested Parties FROM: Lisa Bates, Deputy Director , Division of Housing Policy De a opment SUBJECT: Transitional and Supportive Housing Chapter 183, Statutes of 2013 (SB 745) This memorandum is to update local decision makers on recent amendments to housing element law (Government Code Section 65582) related to transitional and supportive housing zoning requirements. In 2007, SB 2 (Chapter 633, Statutes of 2007) revised housing element law requiring that transitional and supportive housing be permitted as a residential use, subject only to restrictions that apply to other residential dwellings of the same type in the same zone. SB 745, which took effect on January 1, 2014, generally amends the Section 65582 of the Government Code to replace prior Health and Safety Code definitions of "supportive housing," "target population," and "transitional housing" with definitions now more specific to housing element law. Previously, definitions for "supportive housing," target population," and "transitional housing" were found in subdivision (b) of Section 50675.14, subdivision (3)(a) of Section 50675.14 and subdivision (h) of Section 50675.2 of the Health and Safety Code, respectively. SB 745 deletes reference to these sections and creates new definitions in Government Code Section 65582. The intent for this change is to remove cross references in Government Code Section 65582 to the definitions of "supportive housing" and "transitional housing" that are used in the statues governing the Multifamily Housing Program (MHP) and replace them with the current definitions that are used for the purposes of zoning applicable at the time SB 2 (Cedillo, Chapter 633, Statues of 2007) passed. For your assistance, the specific language of SB745 that amends Section 65582 of the Government Code is included in Attachment A. For a full copy of the statute, please refer to http:l/leginfo. leg islature. ca. govl. For more information regarding transitional and supportive housing, see the Department's Building Blocks'website at http://www.hcd.ca._gov/hpd/housing element2/SIA_variety_php. If you have any questions, please contact Paul McDougall, Housing Policy Manager, at 916-263-7420. ATTACHMENT A Changes to State Housing Element Law AB 745 (Chapter 183, Statutes of 2013) Government Code Section 65582 SB 745 (Changes in underline) As used in this article, the following definitions apply: (a) "Community," "locality," "local government," or "jurisdiction" means a city, city and county, or county. (b) "Council of governments" means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. (c) "Department" means the Department of Housing and Community Development. (d) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code. (e) "Housing element" or "element" means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. (f) "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (g) "Target_ population" means persons with low incomes who have one or more disabilities including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500 of the Welfare and Institutions Code) and may include among other populations, adults emancipated minors families with children elder)persons, oun adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (h) "Transitional housing" means buildings configured as rental housing developments, but operated under program re uirements that re uire the termination of assistance and recirculating of the assisted unit to another eligible program recipient ata predetermined future point in time that shall be no less than six months from the beginning of the assistance. RESOLUTION NO. P.C. 15-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THE CITY COUNCIL AMEND THE ZONING CODE TO ALLOW TRANSITIONAL AND SUPPORTIVE HOUSING BE PERMITTED IN ALL ZONES RESIDENTIAL HOUSING IS ALLOWED. 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, In 2014, the State of California updated requirements for transitional and supportive housing. This update requires that transitional and supportive housing be permitted in all zones residential housing is allowed; and WHEREAS, Within section 17.18.030 - Table 2-4 of the current City of Lodi development code, transitional and supportive housing is only allowed in the Medium and High Density Residential zoning districts; and WHEREAS, "Transitional housing" means building configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is treated the same as a residential use in a residential zone. WHEREAS, Proposed modifications to the development code would also allow transitional and supportive housing in the Low Density Residential, Mixed Use Corridor, Downtown Mixed Use and Mixed Use Center zoning districts; 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: 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 transitional and supportive housing in the Low Density Residential, Mixed Use Corridor, Downtown Mixed Use and Mixed Use Center zoning districts 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 17.18.030 - Table 2-4 Transitional and Supportive Housing — allowed use in Low Density Residential, Medium Density Residential and High Density Residential zoning districts. Section 17.22.030 — Table 2-8 Transitional and Supportive Housing — allowed use in Downtown Mixed Use, Mixed Use Center and Mixed Use Corridor zoning districts. Dated: July 22, 2015 1 certify that Resolution No. 15-14 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on July 22, 2015 by the following vote: AYES: Commissioners: Cummins, Heinitz, Olson, Slater and Chair Kiser NOES: Commissioners: None ABSENT: Commissioners: Hennecke and Kirsten ATTEST L-1�' W Secretary, Planning Commission ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.18 RESIDENTIAL ZONING DISTRICTS BY REPEALING AND REENACTING SECTION 17.18.030 — "RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS", AND REPEALING AND REENACTING SECTION 17.22.030 — "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS" IN THEIR ENTRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Section 17.18.030 — Residential Zoning District Land Uses and Permit Requirements - is hereby repealed and reenacted in its entirety, and shall read as follows: Table 2-4 identifies the uses of land allowed by this development code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Users and Permit Requirements). Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply. TABLE 2-4 Residential Zones — Allowed Uses A Allowed Use UP Use Permit Required MUP Minor Use Permit Required — Use Not Allowed LAND USE PERMIT REQUIRED BY DISTRICT Specific Use Regulations RLD RMD RHD AGRICULTURE & OPEN SPACE Production of crops A A A RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Community centers UP UP UP Health/fitness facility — UP Libraries, museums, galleries UP UP UP Parks and playgrounds UP UP UP Religious facilities UP UP UP Schools — private UP UP UP RESIDENTIAL USES Accessory uses (Residential) A A A 17.36.120 Caretaker quarters — A A Home occupations MUP MUP MUP 17.36.060 Live/work projects — UP UP Mobile home/RV park — — UP 17.36.070 Multi -family dwellings (3 or more units) — A A Seasonal Farmworker Housing — A A Second dwelling units A A A 17.36.130 Single family dwellings A UP UP Transitional and Supportive Housing A 1 A A Two family dwellings — A A TABLE 2-4 Residential Zones — Allowed Uses A Allowed Use UP Use Permit Required MUP Minor Use Permit Required — Use Not Allowed Specific Use Regulations LAND USE RETAIL TRADE PERMIT REQUIRED BY DISTRICT RLD RMD RHD Specific Use Regulations Animal keeping SERVICES A A A Municipal Code Chapter 6 Community Care Facilities UP UP — .............. Community centers A Residential care facility (6 or fewer) A A UP A 17.36.040 Residential care facility (7 or more) — UP UP UP UP 17.36.040 Small family day care home (up to 8) A UP A Libraries, museums, galleries A 17.36.030 Large family day care home (9 to 14) MUP Parks and playgrounds MUP UP MUP 17.36.030 Day care center — — — UP 17.36.030 Section 2. Lodi Municipal Code Section 17.22.030 — Mixed Use Zoning Districts Land Uses and Permit Requirements - is hereby repealed and reenacted in its entirety to read as follows: Table 2-8 identifies the uses of land allowed by this development code in the mixed use zoning districts, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Uses and Permit Requirements). Note: Where the last column in the tables ("specific use regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply. TABLE 2-8 Mixed Use - Allowed Uses and Permit Requirements A Allowed Use UP Use Permit Required 171:P Minor Use Permit Required — tise Not Allowed LAND USE PERMIT REQUIRED BY DISTRICT Specific Use Regulations DMU NICE MCO AGRICULTURE AND OPEN SPACE Production of Crops — A RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Clubs, lodges, & membership halls UP UP — .............. Community centers A A A Health/fitness facilities UP UP UP Indoor amusement/entertainment facilities UP UP UP Indoor sports facilities UP UP UP Libraries, museums, galleries A A A Parks and playgrounds — UP — Religious facilities — — UP 2 TABLE 2-8 Mixed Use - Allowed Uses and Permit Requirements A Allowed Use UP Use Permit Required MUP Minor Use Permit Required — Use Not Allowed LAND USE PERMIT REQUIRED BY DISTRICT Specific Use Regulations DMU MCE MCO Schools - Private - UP UP Schools - Specialized education and training A A A Studios - Art, dance, martial arts, music, etc. UP UP UP Theaters and auditoriums UP — - RESIDENTIAL USES Accessory uses (Residential) A A A 17.36.120 Home occupations MUP MUP MUP 17.36.060 Live/work projects A A A Multi -family dwellings (3 or more units) A A A Single family dwellings — — UP Transitional and Supportive Housing A A A Two family dwellings (Duplex) — — A RETAIL TRADE Accessory retail uses A A A Alcoholic beverage sales, off-site UP UP UP Alcoholic beverage sales, on-site UP UP UP Animal sales and grooming A A A Art, antique, collectible, and gift stores A A A Auto parts sales A A A Auto sales and rental — — A Building material stores A A A Construction/heavy equipment sales and rental — A Convenience stores UP UP A Drive-in and drive-through sales and services — UP Furniture, furnishings & appliance stores A A A Gas stations — — UP General retail sales A A A Grocery stores A A A Mobile home and RV sales — — A Night clubs, bars, and cardrooms UP UP UP Plant nurseries and garden supply stores — — A Restaurants A A A Warehouse retail — — A SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Automated teller machines (ATMs) I A A A A Allowed Use TABLE 2-8 UP Use Permit Required Mixed Use - Allowed Uses and Permit Requirements MUP Minor Use Permit Required — Use Not Allowed LAND USEPERMIT REQUIRED BV DISTRICT Specific Use � _ DMU MCE MCO Regulations Banks and financial services A A A Business support services A A A Medical - Clinics, offices, and laboratories A A A Medical - Extended care — — A Medical — Hospitals — — A Offices A A A Professional Services A A A SERVICES Audio & video rental A A A Auto repair and maintenance — — UP Car wash — — UP Community care facilities Residential care facility (6 or fewer) — — UP 17.36.040 Day care center UP UP UP 17.36.030 Hotels and motels UP UP UP Mortuaries & funeral homes UP — A Personal services A A A Pharmacies A A A Storage — indoor — UP Upholstering shops — UP Veterinary clinics, outpatient treatment only — — A Veterinary clinics, animal hospitals, kennels — — UP INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING Recycling facilities Small collection facility — — MUP 17.36.110 TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES Broadcast studios UP ... UP - UP UP Parking facilities/vehicle storage Section 3. 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 4, 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 rd declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper -of general circulation printed and published in the City of Lodi, and shall be in force and take effect October 2, 2015, which date is at least 30 days after the passage of this ordinance. Approved this day of , 2015 BOBJOHNSON Mayor Attest: JENNIFER M. FERRAIOLO City Clerk 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 August 19, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, 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. Approved as to Form: By: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk E SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1908, 1909, 1910, 1911, 1913, AND 1914 SATURDAY, AUGUST 22, 2015 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, AUGUST 20, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK r� PAMELA M. FARRIS ELENA STODDARD DEPUTY CITY CLERK ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF DF'ADVERTISEAILC*A'T. THAM[ YOU! Emailed to the Sentinel atdianer@lodinews.com lodinews.com at 6153q (time) on , (date) {pages) LNS Phoned to confirm receipt of all pages at (fime} _PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1908 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1909 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Rose Gate Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2018 or construction is not completed by December 17, 2018. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1910 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1911 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 2). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1913 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19, "EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose of this ordinance is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1914 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.18 — RESIDENTIAL ZONING DISTRICTS — BY REPEALING AND RE- ENACTING SECTION 17.18.030, "RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS;" AND AMENDING CHAPTER 17.22 — MIXED USE ZONING DISTRICTS — BY REPEALING AND RE-ENACTING SECTION 17.22.030, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN THEIR ENTIRETY. The purpose of this ordinance is to amend the Zoning Code to allow transitional and supportive housing in all zones where residential housing is allowed, subject to the provisions of other laws or ordinances. Introduced August 19, 2015. Adoption to be considered September 2, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi August 19, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1914 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.18 — RESIDENTIAL ZONING DISTRICTS — BY REPEALING AND RE-ENACTING SECTION 17.18.030, "RESIDENTIAL ZONING DISTRICT LAND USES AND PERMITE REQUIREMENTS;" AND AMENDING CHAPTER 17.22 — MIXED USE ZONING DISTRICTS — BY REPEALING AND RE-ENACTING SECTION 17.22.030, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN THEIR ENTIRETY On Thursday, August 20, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1914 (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 August 20, 2015, at Lodi, California. 4 ;2v_� Pamela M. Farris Deputy City Clerk ordsu mmaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1914 -" AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICI ENH' B i TAA CODE CHAPTER 17.18- RESIDENTIAL ZONING DISTRICTS- BY REPEAL NG- AND RE-ENACTING SECTION 17.18.030, "RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS;" AND AMENDING CHAPTER 17.22 - MIXED USE ZONING DISTRICTS - BY REPEALING AND RE-ENACTING SECTION 17.22.030, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN THEIR ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS Section 1. Lodi Municipal Code Section 17.18.030 - Residential Zoning District Land Uses and Permit Requirements - is hereby repealed and reenacted in its entirety, and shall read as follows: Table 2-4 identifies the uses of land allowed by this development code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Users and Permit Requirements). Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply. TABLE 2- Residential Zones — Allowed Uses A Allowed Use UP use Pennit Required MUP Minor Use Permit Required — Use Not Allowed LANA USE PERMIT REQUIRED BY DISTRICT Specific Use i RLD RMD RHD Regulations AGRICULTURE & OPEN SPACE Production of crops I A A A RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Community centers UP UP UP Health/fitness facility -- — UP Libraries, museums, galleries UP UP UP Parks and playgrounds UP UP UP Religious facilities UP UP UP Schools - private UP UP UP RESIDENTIAL USES Accessory uses (Residential) A A A 17.36.120 Caretaker quarters — A A Home occupations MUP MUP MUP 17.36.060 Live/work projects — UP UP Mobile home/RV park — — UP 17.36.070 Multi -family dwellings (3 or more units) _ A A Seasonal Farmworker Housing — A A Second dwelling units A A A 17.36.130 Single family dwellings A UP UP Transitional and Supportive Housin A 1 A A Two family dwellings — A A TABLE 2-4 Residential Zones — Allowed Uses A Allowed Use Allowed Use UP Use Permit Required UP MUP Minor Use Permit Required — Use Not Allowed LAND USE RETAIL TRADE Animal keeping SERVICES PERMIT REQUIRED BY DISTRICT RLDRMD RHD A A A Specific Use Regulations Municipal Code Chapter 6 Community Care Facilities — Use Not Allowed Residential care facility (6 or fewer) DISTRICT Specific Use A DMU A MCO Regulations A 17.36.040 Residential care facility (7 or more) J — UP UP 17.36.040 Small family day care home (up to 8) A UP A — A 17.36.030 Large family day care home (9 to 14) Day care center A MUP MUP MUP UP 17.36.030 17.36.030 UP Section 2. Lodi Municipal Code Section 17.22.030 – Mixed Use Zoning Districts Land Uses and Permit Requirements - is hereby repealed and reenacted in its entirety to read as follows: Table 2-8 identifies the uses of land allowed by this development code in the mixed use zoning districts, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Uses and Permit Requirements). Note: Where the last column in the tables ("specific use regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply. 2 A Allowed Use TABLE 2-8 UP Use Permit Required Mixed Use -Allowed Uses and Permit � MUP Minor Use Permit Required Requirements — Use Not Allowed PERMIT REQUIRED BY DISTRICT Specific Use LAND USE DMU MCE MCO Regulations AGRICULTURE AND OPEN SPACE J Production of Crops RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Clubs, lodges, & membership halls UP UP — Community centers A A A Health/fitness facilities UP UP UP Indoor amusement/entertainment facilities UP UP UP Indoor sports facilities UP UP UP Libraries, museums, galleries A A A Parks and playgrounds — UP — Religious facilities — I UP 2 TAL-4' 2-8 Mixed Use - Allowed Uses and Per Requirements LAND USE Schools - Private Schools - Specialized education and training Studios - Art, dance, martial arts, music, etc. Theaters and auditoriums RESIDENTIAL USES Accessory uses (Residential) Home occupations Live/work projects Multi -family dwellings (3 or more units) Single family dwellings Transitional and Supportive Housing Two family dwellings (Duplex) RETAIL TRADE Accessory retail uses Alcoholic beverage sales, off-site Alcoholic beverage sales, on-site Animal sales and grooming Art, antique, collectible, and gift stores Auto parts sales Auto sales and rental Building material stores Construction/heavy equipment sales and rental Convenience stores Drive-in and drive-through sales and services Furniture, furnishings & appliance stores Gas stations General retail sales Grocery stores Mobile home and RV sales Perm A lowed Use 17.36.060 UP Use Permit Required A MUP Minor Use Permit Required — UP — Use Not Allowed PERMIT REQUIRED BY DISTRICT_ Specific Use DMU — MCE MCO Regulations — UP UP A A A UP UP UP UP — — A MUP A A Ir A UP UP A A A A UP A A A Night clubs, bars, and cardrooms UP Plant nurseries and garden supply stores - Restaurants A Warehouse retail — SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Automated teller machines (ATMs) I A 3 A A 17.36.120 MUP MUP 17.36.060 A A A A — UP A A — A A A UP UP UP UP A A A A A A A A A -T A UP A -- UP A A UP A A A A A UP UP A A A A A I A A owed Use TAB--: 2-8 UP use Permit Required Mixed Use - Allowed Uses and Permit MUP Minor Use Permit Required Requirements — Use Not Allowed _ J PERMIT REQUIRED BY DISTRICT Specific Use LAND USE DMU I MCE MCO Regulations Banks and financial services A A A Business support services A A A Medical - Clinics, offices, and laboratories A A A Medical - Extended care — — A Medical – Hospitals — -- A Offices A A A Professional Services A A A SERVICES Audio & video rental A A A Auto repair and maintenance — — UP Car wash — -- UP Community care facilities Residential care facility (6 or fewer) — — UP 17.36.040 Day care center UP UP UP 17.36.030 Hotels and motels UP UP UP Mortuaries & funeral homes UP -- A Personal services A A A Pharmacies A A A Storage – indoor UP Upholstering shops — -- UP Veterinary clinics, outpatient treatment only — — A Veterinary clinics, animal hospitals, kennels — — UP INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING Recycling facilities — Small collection facility — MUP 17.36.11 TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES Broadcast studios UP UP UP Parking facilities/vehicle storage -- — UP Section 3. 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 4. 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 4 declares that it would ha) Jopted this ordinance irrespective of th validity of any particular portion thereof. Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect October 2, 2015, which date is at least 30 days after the passage of this ordinance. Approved this day of , 2015 BOBJOHNSON Mayor Attest: JENNIFER M. FERRAIOLO City Clerk 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. 1914 was introduced at a regular meeting of the City Council of the City of Lodi held August 19, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1914 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: By: JANICE D. MAGDICH City Attorney JENNIFER M. FERRAIOLO City Clerk k,