HomeMy WebLinkAboutAgenda Report - June 1, 2016 J-01TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM J-01
Ordinance No. 1920 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 17.40 — Permit Approval or Disapproval — by
Repealing and Re -Enacting Section 17.40.020 (B) Applicability Table 4-2 for Site
Plan and Architectural Approval"
June 1,2016
City Clerk
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1920.
Ordinance No. 1920 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 17.40 — Permit Approval or
Disapproval — by Repealing and Re -Enacting Section 17.40.020 (B)
Applicability Table 4-2 for Site Plan and Architectural Approval," was
introduced at the regular City Council meeting of May 18, 2016.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
JMF/PMF
Attachment
nifer M.(erraiolo
City Clerk
APPROVED:
N:\Administration\CLERK\Council\COUNCOM\Ordinancel .DOC
c aba er, City Manager
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Plan and Architectural Approval" is hereby repealed and reenacted to read as follows: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 Plan and Architectural Approval
Type of Project
Site Plan and Architectural Approval
Requirement
Exempt
Director
Review
SPARC
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.
4
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)
Temporary structures that will be removed within one year. (2)
4
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)
g
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.
4
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 equal
to 50 percent or greater of the floor area of the existing structures on a developed site.
1
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:
•
NIFER MGERRAIOLO
City Clerk
Approved this 1st day of June, 2016
DOUG KUEI E
Mayor Pro Te pore
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 June 1, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
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
By:
JANICE D. MAGDICH
City Attorney
E�INIFER
City Clerk
3
ERRAIOLO
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: SUMMARY OF ORDINANCE NOS. 1920, 1921
PUBLISH DATE: SATURDAY, MAY 21, 2016
LEGAL AD
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
JENNIFER M. FERRAIOLO, CITY CLERK
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
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OF ADVERTISEMENT. THANK YOU!!
Emailed to the Sentinel at dianer@lodinews.com at qto (time) on iCii/,fo (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) PMF ES (initials)
N:\Admin istration\CLERK\OrdS ummaries\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, 2016. 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.
DECLARATION OF POSTING
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.
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Pamela M. Farris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsummaries\aaDecPost, doc
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
Type of Project
Site Plan and Architectural Approval
Requirement
Exempt
Director
Review
SPARC
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.
4
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)
Temporary structures that will be removed within one year. (2)
-4
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)
1I
Nonresidential development containing up to 10,000 square feet
of total gross structure area. (3)
q
Nonresidential development containing 10,000 square feet or
more of total gross structure area. (3)
4
All other land uses.
4
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 equal
to 50 percent or greater of the floor area of the existing structures on a developed site.
1
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.
1, 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 —
1 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
By:
JANICE D. MAGDICH
City Attorney
JENNIFER M. FERRAIOLO
City Clerk
3
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: SUMMARY OF ORDINANCE NOS. 1920 & 1921
PUBLISH DATE: SATURDAY, JUNE 4, 2016
LEGAL AD
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, JUNE 2, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper - Copy to File
SEND PROOF OF ADVERTISEMENT. THANK YOU!!
Emailed to the Sentinel at dianer@lodinews.com at 9 (time) on (9/..9/a) (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) PMF ES (initia4s)
N:\Administration\CLERK\OrdS ummaries\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. Adopted June 1, 2016, and effective July 1, 2016.
AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Chandler.
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. Adopted
June 1, 2016, and effective July 1, 2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi;
NOES: None; ABSENT: Mayor Chandler.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
June 1, 2016
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
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, June 2, 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 June 2, 2016, at Lodi, California.
-/-2„,„go Y77,
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Pamela M. Farris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsummaries\aaDecPost.doc
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 Plan and Architectural Approval
Type of Project
Site Plan and Architectural Approval
Requirement
Exempt
Director
Review
SPARC
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.
4
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 -1E, 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)
q
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)
4
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.
4
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 equal
to 50 percent or greater of the floor area of the existing structures on a developed site.
1
T 15j
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 1st day of June, 2016
DOUG KUEHNE
Mayor Pro Tempore
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 June 1, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
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
By:
JANICE D. MAGDICH
City Attorney
JENNIFER M. FERRAIOLO
City Clerk
3