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Home My WebLink AboutAgenda Report - May 6, 2020 G-02 PHAGENDA ITEM G-z C¡ry op Loor Cou r,¡cr r- GourMUN rcATroN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Public Hearing to Consider lntroducing an Ordinance to Amend Lodi Municipal Code Title 17 - Development Code, by Repealing and Reenacting Section 17J8.020 - Purposes of Residential Zoning Districts, Section 17.20.030 - Commercial Zoning District Land Uses and Permit Requirements, Section 17.20.04O - Commercial District General Development Standards, and Section 17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements in Their Entirety May 6, 2020 Community Development Director RECOMMENDED ACTION: Public hearing to consider introducing an Ordinance to amend Lodi Municipal Code Title 17 - Development Code, by repealing and reenacting Section 17.18.020 - Purposes of Residential Zoning Districts, Section 17.20.030 Commercial Zoning District Land Uses and Permit Requirements, Section 17.20.040 - Commercial District General Development Standards, and Section 17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements in their entirety. BACKGROUND INFORMATION: Title 17 - Development Code of the Lodi Municipal Code (LMC) establishes land use regulations and development standards. The proposed revisions to various sections of the Development Code are intended to either clarify ambiguous language or to allow uses that are consistent with existing development in the affected zoning districts. Section 17.18,020 - Purposes of Residential Zonino Districts The proposed amendment would clarify density regulations in the zoning code. Cunently, the provisions of Section 17.18.020 state the "meximum allowable density ranges from..." for the Residential Medium Density and Residential High Density districts. Staff proposes to strike the word "maximum" to more clearly state that allowed density in these districts are ranges with minimum and maximum densities. Section 17.20.030 - CommercialZonino District Land Uses and Permit Requirements The proposed amendment would add Residential Care Facilities as a conditionally allowed use in the Office zoning district. The City has a limited amount of Office zoned land, with the substantial majority located in an area generally north of Vine Street along Ham Lane. Existing uses within this Office zoned area includes a variety of medical offices, medical labs and Lodi Memorial Hospital is located immediately south of this Office district. The Residential Care Facility would be compatible with and supported by the collection of healthcare related uses in the Commercialzoning district. Allowing Residential Care Facilities as a conditionally allowed use in the Office zoning district would be compatible with existing uses and consistent with the General Plan's stated purpogp for Office designated lands. No specific use or project is allowed through this action and any future Residential s APPROVED: City Manager 05-06-20 Lodi Municipal Code Title 17 changes Page 2 of 3 Care Facility in the Office dístrict would be subject to a discretionary review, including review under the California Environmental Quality Act (CEQA). Section 17.20.040 - Commercial Distriot General Development Standards The proposed amendment would reduce the minimum lot size in Community Gommercial (CC) district from 2 acres to 8,000 sguare feet. Within the CC dístrict located at the intersection of Kettleman Lane and Lower Sacramento Road, 30 of the existing 40 parcels are less than two acres in size. Centers in this area have been configured to create small pad commercial development and the City has received requests to create new lots of less than two acres in size in this area. The proposed amendment would allow the continued development of businesses within largely built-out shopping centers in a manner consistent with the form and character of the shopping centers. The distribution of parcels less than two-acres in size within the CC district is depicted on Planning Commission Staff Report, Attachment 2 of this report. Section 17.22.030 - Mixed Use Zonino Districts Land Uses and Permit The proposed amendment would grant flexibility for the use of existing single-family homes in the Mixed Use Corridor (MCO) district. Under Section 17.22.030, single family homes are considered legal non-conforming uses. Owners of such homes may request a use permit and, if granted, the home is recognized as a legal use. The MCO district contains a total of 2,225 parcels, of which 316 are occupied by single family homes that are currently used as residences. The non-conforming status of these homes can place restrictions on homeowners seeking to improve, rebuild or expand their existing homes. The proposed amendment would recognize the residential use of single-family dwellings built before January 1, 2020 as a legal use and would allow the transition between residential and commercial uses within these existing residential structures. The distribution of residential properties in the MCO district is depicted on Attachment 3 of this report. ENVIRONMENTAL ASSESSMENT: The project was reviewed and found to be exempt from review under the Califomia Environmental Quality Act (CEQA). Key factors in the CEQA evaluation included: Amendments to Section 17.18.020 would clarify allowed densities in resídential districts, but do not modify those densities. Amendments to Section 17 .20.030 would allow Residential Care Facilities in the Office zoning district subject to a discretionary conditional use permit, No such facility would be allowed by the amendment and future projects would be subject to review under CEQA. Amendments to Section 17.20.040 would allow the creation of commercial lots less than two- acres in size in the Community Commercial (CC) district. Within this district 75 percent of the existing parcels are less than 2-acres in size and this amendment will not change the allowed density or intensity of uses in the CG district. Amendments to Section 17.22.030 would recognize existing single-family homes in the Mixed Use Corridor (MCO) district as legal uses. This change would not allow the construction of new síngle-family homes in the MCO district or change any development standards in the MCO district. Based upon the circumstances specific to the proposed amendments, it can be seen with certainty that there is no possibility the proposed amendments to Title 17 - Development Code of the Lodi Municipal Code may have a significant effect on the environment. Therefore, as estaþlished in Section 15061(bX3) of the CEQA Guídelines, the activity is not subject to review under CEQA. PLANNING COMMISSION REVIEW: The Planning Commission, on Apri|22,2020, held a duly noticed public hearing to consider the proposed amendments to Title 17, Development Code. Following its consideration and discussion of the proposed amendments the Planning Gommission voted unanimously to recommend that the City Council find the amendments are not subject to review under CEQA and to a a o a 05-06-20 Lodi Municipal Code Title 17 changes Page 3 of 3 adopt the proposed amendments to the City's Development Code. The Planning Commission's resolution providing recommendations to the City Council is provided as Attachment 4 of this report. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Respectfully Submitted,Concur, Janice D. Magdich Janice Magdich City Attorney John Della Monica Jr Development Director ATTACHMENTS: 1. Draft Ordinance Repealing and Reenacting LMC Sections 17.18.020,17.20.030,17.20.040 and 17.22.030 2. Map of parcels less than 2-acres in size in the Community Commercial (CC) Zoning District3. Maps of single-family homes in the Corridor Mixed Use (MCO) Zoning District4. Planning Commission Resolution Co MillsAv.Interlaken Dr.BernWy. Tienda Dr. S a n d C r e ek Dr.Salzburg Ln.Heidelberg Wy.Taylor Rd.Sylvan Wy.Westgate Dr.Westgate Dr.Lower Sacramento Rd.Kettleman Ln / Hwy 12SirahCt.Cabernet Ct.BarberaCt.SauvignonCt.ChaparralCt. L u p i n e C t .Merlot Wy.M a n z a n i t a C t . Chardonnay Ln. Legend CC Parcels < 2 acres CC Zones ± City of LodiCC Zoning Map G:\ESR I Map s\Planning\Exhib its\Comm unity Com m ercial\CC Parcels.m xd RESOLUTION NO. P.C. NO. 20-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THAT THE LODI CITY COUNCIL AMEND TITLE 17 – DEVELOPMENT CODE, OF THE LODI MUNICIPAL CODE, BY REPEALING AND REENACTING THE FOLLOWING LODI MUNICIPAL CODE SECTIONS: 17.18.020 - PURPOSES OF RESIDENTIAL ZONING DISTRICTS (CLARIFICATION OF MINIMUM ALLOWED DEVELOPMENT DENSITY); 17.20.030 - COMMERCIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS (ALLOW RESIDENTIAL CARE FACILITY SUBJECT TO USE PERMIT APPROVAL); 17.20.040 – COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (REDUCE MINIMUM LOT SIZE TO 8,000 SQUARE FEET); AND, 17.22.030 - MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS (RECOGNIZE EXISTING SINGLE FAMILY HOMES AS LEGAL USES). CEQA STATUS: EXEMPT, SECTION 15061(B)(3) – GENERAL RULE EXEMPTION. ========================================================================== 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 various sections of Title 17 – Development Code of the Lodi Municipal Code (LMC) in February 2013, which regulate various aspects of land use and land development within the City; and WHEREAS, Section 17.18.020 of the LMC as currently adopted is not clear on the allowed range of density of residential development in the Medium Density Residential and High Density Residential districts, and WHEREAS, Section 17.20.030 of the LMC as currently adopted does not allow Residential Care Facility uses in the Office (O) District, and Residential Care Facility is both a compatible use and an historic use in the O district, and WHEREAS, Section 17.20.040 of the LMC as currently adopted establishes a minimum lot size of 2 acres in the Community Commercial (CC) district that is inconsistent with the majority of existing parcels in the CC district and is inconsistent with current commercial development trends, and WHEREAS, Section 17.22.030 of the LMC as currently adopted establishes the Mixed Use Corridor (MCO) district, the creation of which resulted in the designation of 316 existing single family homes as legal non-conforming uses, thereby adversely affecting home owners in the MCO district, and WHEREAS, the Planning Commission recommends that the Lodi City Council repeal and reenact sections of the Lodi Municipal Code noted herein to better serve the interests of members of the community; 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. Based upon the circumstances specific to the proposed amendments, it can be seen with certainty that there is no possibility the proposed amendments to Title 17 – Development Code of the Lodi Municipal Code (Title 17 – LMC) may have a significant effect on the environment. Therefore, subject to Section 15061(bX3) of the CEQA Guidelines, the activity is not subject to CEQA. 2. Proposed modifications to Title 17 - LMC will resolve inconsistencies between currently adopted regulations and historic uses and development patterns within the City increase the number of allowable temporary signs in residential, commercial, and industrial zoning districts and increase the allowable square footage of such signs in commercial and industrial zoning districts. 3. Proposed modifications to Title 17 - LMC will be consistent with State law. 4. Proposed modifications to Title 17 - LMC will 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 lT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that P.C. Resolution No. 20-05 is hereby adopted and the proposed amendments to Title 17 - LMC attached hereto in Exhibit A (Ordinance Repealing and Reenacting portions of Chapter 17.18, 17.2Q and 17.22 of the Lodi Municipal Code), is made a part of this Resolution by reference, are hereby recommended for approval and adoption by the Lodí City Council. Dated: April22,2020 I certify that P.C. Resolution No. 20-05 was passed and adopted by the Planníng Commission of the City of Lodi at a regular meeting held on April22, 202A by the following vote: AYES: NOES: ABSENT: Commissioners:Craig, Hicks, Martin, Olson and Chair Cummins Commissioners: Commissíoners: Gomes and Slater ATTEST Planning Commission PC RES 20-05 - EXHIBIT A ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEALING AND REENACTING LODI MUNICIPAL CODE SECTIONS 17.18.020 – PURPOSES OF RESIDENTIAL ZONING DISTRICT, 17.20.030 – COMMERCIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS, 17.20.040 – COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS, AND 17.22.030 – MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS IN THEIR ENTIRETY ================================================================== BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 17.18.020 – Purposes of Residential Zoning Districts is hereby repealed and reenacted in its entirety and shall read as follows: 17.18.020 - Purposes of Residential Zoning Districts The residential zoning districts are intended to provide for a range of housing types and densities for all economic segments of the community while emphasizing high quality development and home ownership (General Plan, Housing Element). The purposes of the individual residential zoning districts and the manner in which they are applied are as follows. A. RLD (Low-Density Residential) District. The RLD zoning district is intended for areas appropriate for the development of single-family detached, two-family, and three-family homes. All interior lots are restricted to single-family homes. Corner lots can have one-, two-, or three-family homes. The maximum allowable residential density is 8.0 dwelling units per acre. The RLD zoning district is consistent with the Low-Density Residential land use designation of the General Plan. B. RMD (Medium Density Residential) District. The RMD zoning district is intended for areas appropriate for a mix of housing types. Typical residential land uses include single- and multi-family dwelling units, either attached or detached. The maximum allowable residential density ranges from 8.1 to 20 dwelling units per acre. The RMD zoning district is consistent with the Medium Density Residential land use designation of the General Plan. C. RHD (High Density Residential) District. The RHD zoning district is intended for areas appropriate for high density multi-family dwelling units. The maximum allowable residential density ranges from 15 to 35 units per acre. The RHD zoning district is consistent with the High Density Residential land use designation of the General Plan. SECTION 2. Lodi Municipal Code Section 17.20.030 – Commercial Zoning District Land Uses and Permit Requirements is hereby repealed and reenacted in its entirety and shall read as follows: 17.20.030 – Commercial Zoning District Land Uses and Permit Requirements Table 2-6 identifies the uses of land allowed by this Development Code in the commercial 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). 2 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 2-6 Commercial Zones – Allowed Land 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 CC GC O AGRICULTURE AND OPEN SPACE Production of Crops A A A RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Clubs, lodges, & membership halls — A UP Community centers — A UP Health/fitness facilities UP UP UP Indoor amusement/entertainment facilities UP UP — Indoor sports facilities UP UP UP Libraries, museums, galleries A A A Outdoor recreation facilities UP UP — Religious facilities — UP — Schools - Private — UP UP Schools - Specialized education and training UP A A Studios - Art, dance, martial arts, music, etc. UP A UP RESIDENTIAL USES Caretaker quarters — — UP Residential shelters — A — RETAIL TRADE Accessory retail uses A A A Alcoholic beverage sales, off-site UP UP — Alcoholic beverage sales, on-site UP UP — Animal sales and grooming A A — Art, antique, collectible, and gift stores A A — Auto parts sales A A — Auto sales and rental — A — Building material stores A A — Construction/heavy equipment sales and rental — A — Convenience stores A A A Drive-in and drive-through sales and services UP UP UP Furniture, furnishings & appliance stores A A — Gas stations UP UP — 3 TABLE 2-6 Commercial Zones – Allowed Land 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 CC GC O General retail sales A A — Grocery stores A A — Mobile home and RV sales — A — Night clubs, bars, and cardrooms — UP — Plant nurseries and garden supply stores A A — Restaurants A A A Warehouse retail A A — SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL Automated teller machines (ATMs) A A A 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 A Medical – Hospitals — — A Offices A A A Professional Services A A A SERVICES Audio & video rental A A — Auto repair and maintenance — UP — Car wash — UP — Community care facilities Residential care facility (6 or fewer) — — — 17.36.040 Residential care facility (7 or more) — — —UP 17.36.040 Small Family day care home (up to 8) — — — 17.36.030 Large family day care home (9 to 14) — — — 17.36.030 Day care center UP UP UP 17.36.030 Hotels and motels UP UP UP Mortuaries & funeral homes — A UP Personal services A A A Pharmacies A A — Research and development — — A Storage – indoor — UP — Upholstering shops — UP — Veterinary clinics, outpatient treatment only A A A Veterinary clinics, animal hospitals, kennels — UP — 4 TABLE 2-6 Commercial Zones – Allowed Land 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 CC GC O INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING Recycling facilities Small collection facility MUP MUP — 17.36.110 Large collection facility — — — 17.36.110 TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES Broadcast studios UP UP UP Parking facilities/vehicle storage — UP — Telecommunications facilities UP UP — 17.36.140 Utility Facility UP UP UP SECTION 3. Lodi Municipal Code Section 17.20.040 – Commercial District General Development Standards is hereby repealed and reenacted in its entirety and shall read as follows: 17.20.040 – Commercial District General Development Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development Standards). TABLE 2-7 Commercial District General Development Standards Development Feature Requirement by Zoning District CC GC O Minimum lot size Minimum area, width and depth required for new parcels. Area 2.0 acres8,000 sq. ft. 8,000 sq. ft. 8,000 sq. ft. Width — 75 ft. 75 ft. Depth — 100 ft. 100 ft. Setbacks Minimum and, where noted, maximum setbacks required. See Section 17.30.070 for exceptions to these requirements. Front 25 ft. 10 ft. 10 ft. Sides (each) 25 ft. None None Street side 25 ft. None(1) 10 ft. Rear 25 ft. None(1) 10 ft. Floor Area Ratio (FAR) 0.60 Height limit 2 stories, not to exceed 35 ft. 5 TABLE 2-7 Commercial District General Development Standards Development Feature Requirement by Zoning District CC GC O Landscaping As required by Chapter 17.30 (Landscaping) Parking As required by Chapter 17.32 (Parking and Loading) Enclosure requirement All uses shall be conducted within a completely enclosed building unless the specific use and zone permit otherwise. Uses allowed in an applicable zone that are determined by the Director to require outdoor storage or activities (for example, vehicle sales lots, service stations, etc.) may be exempted from this requirement. Notes: (1) No setback is required unless adjacent to a residential use or zone where the setback shall be 10 ft.. SECTION 4. Lodi Municipal Code Section 17.22.030 – Mixed Use Zoning Districts Land Uses and Permit Requirements is hereby repealed and reenacted in its entirety and shall read as follows: 17.22.030 – Mixed Use Zoning Districts Land Uses and Permit Requirements 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 MUP Minor Use Permit Required –– Use Not Allowed LAND USE PERMIT REQUIRED BY DISTRICT Specific Use Regulations DMU MCE 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 Schools – Private — UP UP Schools - Specialized education and training A A A 6 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 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 1 — — UP 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 Notes: 1 - Structures in the MCO district that were permitted as single-family residential dwellings at the time of their construction and that were in existence as of January 1, 2020, are considered legal residential uses. Such structures may be converted to other uses allowed in the MCO zoning district, and converted back to single-family residential uses, after January 1, 2020. 7 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 SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL Automated teller machines (ATMs) A A A 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 Parking facilities/vehicle storage — — UP SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 6. 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 toward persons or property within the Request the City Council introduce an Ordinance to amend Title 17 –Development Code, of the Lodi Municipal Code, by repealing and reenacting the following Lodi Municipal Code Sections: 17.18.020 - Purposes of Residential Zoning Districts; 17.20.030 - Commercial Zoning District Land Uses and Permit Requirements; 17.20.040 –Commercial District General Development Standards; and, 17.22.030 -Mixed Use Zoning Districts Land Uses and Permit Requirements. File 2020-001 OVERVIEW This proposal would amend four sections of the City’s Development Code. Purpose:•Better serve residents and businesses in the community•Provide clear definition on standards•Recognize existing uses in the City as legal•Allow development consistent with existing development in the community City Council OVERVIEW Scope and Effect of Revisions •Relatively narrow focus •Amendments limited to specific zones or specific uses within zones •No changes to development standards (height, density or intensity of development) •Generally maintains current form of development in the community City Council PROPOSED AMENDMENTS Proposed amendments include: •17.18.020 -Purposes of Residential Zoning Districts –clarify allowed range of development density •17.20.030 -Commercial Zoning District Land Uses and Permit Requirements -allow Residential Care Facility in the Office (O) district subject to Use Permit approval •17.20.040 –Commercial District General Development Standards –reduce minimum lot size to 8,000 square feet •17.22.030 -Mixed Use Zoning Districts Land Uses and Permit Requirements –recognize existing single family homes as legal uses City Council RESIDENTIAL DENSITY 17.18.020 -Purposes of Residential Zoning Districts •Current language doe not clearly describe allowed density in RMD and RHD districts as ranges. •Minor text revision to eliminate reference to “maximum density” •New phase: “…the maximum allowable density ranges from 8.1 to twenty dwelling units per acre.” City Council OFFICE DISTRICT USES 17.20.030 -Commercial Zoning District Land Uses and Permit Requirements •Adds Residential Care Facility as a conditionally permitted use in the Office (O) district •Use characteristics: •Provide non-medical residential care•May be day care or 24 hour care•Accommodates youth, adults or both •Core Office district has numerous supportive uses in and around the district •Future Residential Care Facility uses would be subject to discretionary use permit review City Council OFFICE ZONED LANDS City Council CORE OFFICE DISTRICT Lodi Hospital Park Nearby Commercial Nursing Rehab Center Various medical /health offices City Council CC MINIMUM PARCEL SIZE 17.20.040 –Commercial District General Development Standards –reduce minimum lot size to 8,000 square feet •The Community Commercial (CC) district establishes a minimum lot size of 2 acres. •Other City commercial districts establish a minimum lot size of 8,000 sq. ft. •30 of the 40 parcels in the CC District at Kettleman and Lower Sacramento are less than 2 acres in size. •Current development practices seek ownership of land for pad buildings, typically requiring parcels less than 2 acres in size. City Council CC ZONED LANDS City Council CORE CC DISTRICT City Council MCO DISTRICT –RESIDENTIAL USES 17.22.030 -Mixed Use Zoning Districts Land Uses and Permit Requirements –recognize existing single family homes as legal uses •Creation of the Mixed Use Corridor (MCO) in 2013 resulted in a significant number of single family homes becoming legal non-conforming uses. •The proposed amendment would recognize use of single family homes built before January 1, 2020 as a legal and allowed use. •Construction of new single family homes in the MCO district would not be allowed. City Council MCO DISTRICT –SF RESIDENTIAL USES City Council City CouncilMCO DISTRICT –SF RESIDENTIAL USES City CouncilMCO DISTRICT –SF RESIDENTIAL USES PLANNING COMMISSION City Council Planning Commission Review •The Planning Commission held a duly noticed public hearing on April 22, 2020 to consider the proposed Development Code Amendments. •Following discussions and deliberations, the Planning Commission voted unanimously (5-0) to recommend that the City Council: •Determine the proposed zoning code amendments are not subject to CEQA. •Amend Lodi Municipal Code Title 17 –Development Code, Sections: 17.18.020 -Purposes of Residential Zoning Districts; 17.20.030 -Commercial Zoning District Land Uses and Permit Requirements; 17.20.040 –Commercial District General Development Standards; and, 17.22.030 -Mixed Use Zoning Districts Land Uses and Permit Requirements. CEQA REVIEW Environmental Assessment •Proposed amendments clarify, but do not change standards for density or intensity of development. •Proposed amendments allow uses consistent with historic and current land use patterns. •For Residential Care Facility in the O district, future projects would require a use permit and would be subject to review under CEQA. •It can be seen with certainty that there is no possibility the proposed amendments may have a significant effect on the environment. Therefore, subject to Section 15061(b)(3) of the CEQA Guidelines, the proposed amendments are not subject to CEQA. City Council RECOMMENDATION Staff recommends that the City Council: •Determine no further environmental review is required subject to Section 15061(b)(3) of the CEQA Guidelines •Introduce and waive first reading of the proposed ordinance to amend Title 17 –Development Code of the Lodi Municipal Code City Council Pleøse immedìately contirm receipt of thís -fax by cølling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9IO ADVERTISING INSTRUCTIONS SUBJEGT: PUBLISH DATE: SUMMARY OF ORDINANCE NO. I977 SATURDAY, MAY 9,2020 LEGAL AD TEAR SHEETS WANTED: One (I} please SEND AFFIDAVIT AND BILL TO: LNS AGCT. #51o,fJ152 PAMELA M. FARRIS, ASSISTANT CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK DATED: ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK THURSDAY, MAY7,2O2O PAMELA M. FARR¡S ASSISTANT CITY CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT, THANK YOA|.I Emailedtothe sentinel atlegals@lodinews.comat Qtoo (t¡me) on 5/z/4O <a"t"l \\cvcfilv01\administration$\rAdministration\CLERK\OrdSummaries\Advins.doc C¡TY OF LODI ORDINANCE NO. I977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEALING AND REENACTING LODI MUNICIPAL CODE SECTIONS 17.18.020, "PURPOSES OF RESIDENTIAL ZONING DISTRICTS," 17.20.030, "COMMERCTAL ZONTNG D|STR|CT LAND USES AND PERMIT REQUIREMENTS," 17.20.040, "COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS," AND 17.22.030, "MIXED USE ZONtNc D|STR|CTS LAND USES AND PERMIT REQUIREMENTS," lN THEIR ENTIRETY. The purpose of this ordinance is to clarify ambiguous language or to allow uses that are consistent with existing development in the affected zoning districts. lntroduced May 6, 2020. Adoption to be considered Mav 20, 2020. AYES: Chandler, Nakanishi, and Mayor Kuehne; NOES: Mounce; ABSENT: None. Pamela M, Farris, Assistant City Clerk City of Lodi May 6,2020 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk DECLARATIO OF POSTING ORDINANCE NO. 1977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEAL¡NG AND REENACTING LODI MUNICIPAL CODE SECTIONS 17.18.020, PURPOSES OF RESIDENTIAL ZONING D¡STRICTS," 17.20.030, "COMMERCTAL ZONTNG D|STRICT LAND USES AND PERMIT REQUIREMENTS,'' 17.20.040, "COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS,'' AND 17.22.O3O, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS,'' IN THEIR ENTIRETY on Thursday, May 7, 2020, in the city of Lodi, san Joaquin county, california, a certified copy of Ordinance No. 1977 (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 7,2020, at Lodi, California. ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK Pamela M, Farris Kaylee Clayton Administrative ClerkAssistant City Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEALING AND REENACTING LODI MUNICIPAL CODE SECTIONS 17.18,O2O, "PURPOSES OF RESIDENTIAL ZONING DISTRICTS,' 17.20.030, "COMMERCIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS,' 17 .20.040, "COMMERCIAL DI STRICT GENERAL DEVELOPMENT STANDARDS,' AND 17 .22.030, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN ÏHEIR ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODIAS FOLLOWS SECT¡ON 1. Lodi Municipal Code Section 17.18.020 - Purposes of Residential Zoning Districts is hereby repealed and reenacted in its entirety and shall read as follows: 17 .18.020 - Purposes of Residential Zoning Districts The residential zoning districts are intended to provide for a range of housing types and densities for all economic segments of the community while emphasizing high quality development and home ownership (General Plan, Housing Element). The purposes of the individual residentialzoning districts and the manner in which they are applied are as follows. A.RLD (Low-Density Residential) District. The RLD zoning district is intended for areas appropriate for the development of single-family detached, two-family, and three-family homes. All interior lots are restricted to single-family homes. Corner lots can have one-, two-, or three-family homes. The maximum allowaþle residential density is 8.0 dwelling units per acre. The RLD zoning district is consistent with the Low-Density Residential land use designation of the General Plan. B.RMD (Medium-Density Residential) District. The RMD zoning district is intended for areas appropriate for a mix of housing types. Typical residential land uses include single- and multi-family dwelling units, either attached or detached. The allowable residential density ranges from 8.1 to 20 dwelling units per acre. The RMD zoning district is consistent with the Medium-Density Residential land use designation of the General Plan. RHÐ (High-Density Residential) District. The RHD zoning district is intended for areas appropriate for high-density multi-family dwelling units. The allowable residential density ranges from 15 to 35 units per acre. The RHD zoning district is consistent with the High-Density Residential land use designation of the General Plan. SECTION 2. Lodi Munici pal Code Section 17.20.030 - Commercial Zoning District Land Uses and Permit Requirements is hereby repealed and reenacted in its entirety and shall read as follows: 17.20.030 - Commercial Zoning District Land Uses and Permit Requirements Table 2-6 identifies the uses of land allowed by this Development Code in the commercial 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). c 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. TABI.E 2.6 OommercialZones - Allowed Land Uses and, Permit Requirements A Allowed Use IJP Use Permit Required MUP Minor Use Permit Required use'Not Allowed LANE IJSE PERMIT RECIU¡RED BY D¡STRICT Speclfic Use RegulationsccGCo AGRICULTURE AND OPEN SPACE Production of Crops A A A RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Clubs, lodges, & membership halls A UP Community centers A UP Health/fitness facilities UP UP UP lndoor amusemenUentertainment facilities UP UP lndoor sports facilities UP UP UP Libraries, museums, galleries A A A Outdoor recreation facilities UP UP Religious facilities UP Schools - Private UP UP Schools - Specialized education and training UP A A Studios - Art, dance, martial arts, music, etc.UP A UP RESIDENTIAL USES Caretaker quarters UP Residential shelters A RETAIL TRADE Accessory retail uses A A A Alcoholic beverage sales, off-site UP UP Alcoholic beverage sales, on-site UP UP Animal sales and grooming A A Art, antique, collectible, and gift stores A A Auto parts sales A A Auto sales and rental A Building material stores A A Construction/heavy equipment sales and rental A Convenience stores A A A Drive-in and drive-through sales and services UP UP UP Furniture, furnishings & appliance stores A A Gas stations UP UP 2 TABLE 2-6 Co¡mmercialZones - Allowed Land Uses and Perm,lt Requirements A Allowed Use UP Use Fermit Requlred MUP Minor Use Permit Required Use Not Allowed LAND USE PERMIT REQU¡RED BY DISTRICT Specific Use RegulationsccGCo General retail sales A A Grocery stores A A Mobile home and RV sales A Night clubs, bars, and cardrooms UP Plant nurseries and garden supply stores A A Restaurants A A A Warehouse retail A A SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Automated teller machines (ATMs)A A A 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 A Medical- Hospitals A Offices A A A Professional Services A A A SERVICES Audio & video rental A A Auto repair and maintenance UP Car wash UP Community care facilities Residential care facility (6 or fewer)17.36.040 Residential care facility (7 or more)UP 17.36.040 Small family day care home (up to 8)17.36.030 Large family day care home (9 to 14)17.36.030 Day care center UP UP UP 17.36.030 Hotels and motels UP UP UP Mortuaries & funeral homes A UP Personal services A A A Pharmacies A A Research and development A Storage - indoor UP Upholstering shops UP Veterinary clinics, outpatient treatment only A A A Veterinary clinics, animal hospitals, kennels UP J TABLE 2.6 Cornrnercial Zones - Allowed Land Uses and Permit Requlrements A Allowed Use UP Use Per,mit Required MUP Minor Use Permit Required Use Not Allowed LAND USE PERMIT REQUIRED BY DISTRICT Specific tlse RegulationsccGCo INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING Recycling facilities Small collection facility MUP MUP 1 7.36.1 10 Large collection facility 17.36.110 TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES Broadcast studios UP UP UP Parking facilities/vehicle storage UP Telecommunications facilities UP UP 17.36.140 Utility Facility UP UP UP SECTION 3. Lodi Municipal Code Section 17.20.040 - Commercial District General Development Standards is hereby repealed and reenacted in its entirety and shall read as follows: 17.20.040 - Commercial District General Development Standards Subdivisionsr new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7, in addition to the applicable development standards (e.9., landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development Standards). TABLE 2.7 Commercial District General Development Standards ,Development Feature Requirement by Zoning Distrlct cc GC o Minimum lot size Area width Depth Minimum area, width and depth requìred for new parcels. 8,000 sq. ft.8,000 sq. ft.8,000 sq. ft. 75 ft.75 ft. 100 ft.100 ft. Setbacks Front Sides (each) Street side Rear Minimum and, where noted, maximum setbacks required. Seo Section 17.30.070 for exceptions fo fhese requirements. 25ft.10 ft.10 ft. 25ft.None None 25ft.None(1)10 ft. 2sft.None(1)10 ft. Floor Area Ratio (FAR)0.60 Height limit 2 stories, not to exceed 35 ft 4 TABLE 2-7 Commercial District General Development Standards Development Feature Requirement by Zoning District I cc GC o Landscaping As required by Chapter 17.30 (Landscaping) Parking As required by Chapter'17.32 (Parking and Loading) Enclosure requirement All uses shall be conducted within a completelv enclosed buildino unless the specific use and zone permit otherwise. U"ses allowed in an ãpolicable zone'that are determined bv the Director to reouire outdoor storaoei or activities (for example, vehi'cle sales lots, serviòe stations, etc.) m"ay be exempted from this requirement. Notes:(1) No setback is required unless adjacent to a residential use or zone where the setback shall be 10 ft... SECTION 4. Lodi Municipal Code Section 17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements is hereby repealed and reenacted in its entirety and shall read as follows: 17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements Table 2-8 identifies the uses of land allowed by this Development Code in the Mixed Use zon¡ng districts, and the land use perm¡t 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 Fermit Required ML'P Mlnor use Permit Required Use NotAllowed LAND USE PERMIT REQU¡RED BY DISTRICT Specific Use RegulationsDMUMCEMCO AGRICULTURE AND OPEN SPACE Production of Crops A RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Clubs, lodges, & membership halls UP UP Community centers A A A H ea lth/fitness faci I ities UP UP UP lndoor amusement/entertainment facilities UP UP UP lndoor sports facilities UP UP UP Libraries, museums, galleries A A A Parks and playgrounds UP Religious facilities UP Schools - Private UP UP 5 TABLE 2-8 Mixed Use . Allowed Uses and Perrnit Requirements A Allowed lJse UP tlse Permit Requlred MUP Minor Use Permit Required Use Not Allowed LAND USE PERMIT REQUIRED BY D¡STRICT Specific Use RegulationsDMUMCEMCO 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 dwellingsl UP 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 Notes: Structures in the MCO district that were permitted as single-family residential dwellings at the time of their construction and that were in existence as of January 1,2O2O, are considered legal residential uses. Such struclures may be converted to other uses allowed in the MCO zoning district, and converted back to single- family residential uses, after January 1,2020. 6 TABLE 2.8 Mixed Use. Allowed uses and Perrnit Requirements A Allowed Use UP Use Permit Requlred MUP Minor Use Pennlt Requlred Use Not Allowed LAND USE PERMIT REQUIRED BY DISTR¡CT Specific Use RegulatlonsDMtJMCEMCO SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Automated teller machines (ATMs)A A A 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 |NDUSTRIAL, MANUFACTURTNG & PROCESS|NG, WHOLESALING Recycling facilities Small collection facility MUP 17.36.110 TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES Broadcast studios UP UP UP Parking facilities/vehicle storage UP SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. s oN 6.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 toward persons or property within the 7 City or outside of the City so as to provide a basis of civil liability for damages, except as othen¡¡ise imposed by law. SECTION 7. Severability. lf 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 8. Effective Date and Publication. This Ordinance shall take effect thirly (30) days after its adoption. ln 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(cX1 ). Approved this_ day of 2020 Attest: DOUG KUEHNE Mayor PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin, ss l, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1977 was introduced at a regular meeting of the City Council of the City of Lodi held May 6,2020, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _, 2020, by the following vote AYES: COUNCIL MEMBERS - NOES; COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further ceñify that Ordinance No. 1977 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. PAMELA M. FARRIS Assistant City Clerk Approved as to Form JANICE D. MAGDICH City Attorney I