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HomeMy WebLinkAboutAgenda Report - May 20, 2020 I-01AGENDA ITEM I.OI Crrv or Lonr CouNcrr, C onnMUNrcATroN TM AGENDA TITLE: MEETING DATE: May 20,2O2O PREPARED BY: City Clerk Ordinance No. 1977 Entitled, "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,'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" RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1977. BACKGROUND INFORMATION: Ordinance No. 1976 entitled, "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, 'CommercialZoning 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," was introduced at the regular City Council meeting of May 6, 2020. 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. ld. 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 S 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code S 36937. This ordinance has been approved as to form by the City Attorney FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable Pamela M. Farris Assistant City Clerk Attâchment APPROVED en PMF \\cvcfilvOl \administration$\Administration\CLERK\Council\COUNCOM\Ordinance'l .DOC , City Manager Pleøs e ìmmediøtely con/irm receipt o thís c 3 3 3-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNTA 95241-T9IO AI)VERTISING INSTR CTIONS SUMMARY OF ORDINANCE NO. I977 PUBLISH DATE: SATURDAY, MAY 23,2020 SUBJECT: LEGAL AD TEAR SHEETS WANTED: One (I) please SEND AFFIDAVIT AND B¡LL TO LNS ACCT. #5lOOl52 DATED: ORDERED BY THURSDAY, MAY 21,2020 PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS, ASSISTANT CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Ap rance of this Legal in the Newspaper - Copy to File SEND PROOF OF AD.VERTISEMENT, TTIANK YOUII. Emailed to the Sentinel at legals@lodinews.com at on \\cvcfilv01\administration$\Administration\CLERK\OrdSummaries\Advins.doc CITY 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, *COMMERC|AL ZONTNG D|STRICT LAND USES AND PERMIT REQUIREMENTS," 17.20.040, "COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS,'' AND 17.22.O3O, "MIXED USE ZON¡NG DISTRICTS 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. Adopted May 20, 2OZO, and effective June 19, 2020. AYES: Chandler, Nakanishi, and Mayor Kuehne; NOES: Mounce; ABSENT: None. Pamela M. Farris, Assistant City Clerk City of Lodi May 20,2020 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I977 AN ORDINANCE OF THE GITY COUNCIL OF THE CITY OF LODI REPEALING AND REENACTING LODI MUNICIPAL CODE SECTIONS 17.18.020, PURPOSES OF RESI DENTIAL ZON I NG DISTR¡CT 5," 17 .20.030, ..COM M E RC IAL ZON I NG DISTRICT LAND USES AND PERMIT REQUIREMENTS,'' 17.2O.O4O, ,.COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS,'' AND 17.22.030, 'M¡XED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS,'' IN THEIR ENTIRETY on .Thursday, May 21, 2020, in the city of Lodi, San Joaquin county, california, a certified copy of Ordinance No, 1977 (attached hereto, marked Exhibit "Â"¡ 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 21, 2020, at Lodi, California. ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost.doc t ..'r ,-i fi .. r,-¡ [ fl[){l ' ORDINANCE NO. 1977 AN ORDINANCE OF THE C¡TY COUNCIL OF THE CITY OF LODI REPEALING AND REENACTING 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 GEN ERAL 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 .18.02A - 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 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 allowable residential density ranges from 8.1 to 20 dwelling units per acre. The RMD zoning district is consistent with the Medium-Ðensity Residential land use designation of the General Plan. RHD (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 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). 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. TABLE 2-6 Commerclal Zones - Allowed l-and, Uses and Permit Requlrements A Allowed Use UF Use Fermit Requlred MUP Mlnor Use Permit Required Use NotAllowed LAND USE PERMIT RESUIRED tsY DISTR¡CT Specific Use RegulationsccGCo AGRICULTURE AND OPEN SPACE Production of Crops A A A RECREATION, EDUCAT¡ON, & 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 'Commercial Zones - Allowed Land Uses and, Permrit Requirements A Allowed Use ,UP Use Permit Requlred MUP Minor Use Permit Required Use NotAllowed LAND USE ,PERMIT REQUIRED BY DISTRIGT 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 aJ TABLE 2.6 ComrnercialZones * Allowed Land ljses and Permit Requirernents A Allowed Use UP Use Permit Required MUP Minor Use Permit Required Use Not Allowed LANÞ USE PERII'IIT REQUIRED BY DISTRICT Specific Use RegulationsccGCo INDUSTRIAL, MANUFACTURING & PROCESS¡NG, WHOLESALING Recycling facilities Small collection facility MUP MUP 1 7.36.1 10 Large collection facility 17.36.110 TRANSPORTATION, COMMU NICATIONS & 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 Area width Depth Minirnum area, width and depth required for new parcels. 8,000 sq. ft.8,000 sq. ft 8,000 sq. ft. 75 ft.75ft. 100 ft.100 fr. Setbacks Front Sides (each) Street side Rear Minimum and, where noted, maximum setbacks required, See Secfion 17.30,070 for e4geptlons to these requirements. 25ft 10 ft.10 ft. 25 ft.None None 25ft.None(r)10 ft. 25ft.¡9¡s(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 cc GC rO Landscaping As required by Chapter 17.30 (Landscaping) Parking As required by Chapter 17.32 (Parking and Loading) Enclosure 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 iis 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 regulatíons in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply. TAtsLE 2.8 Mixed Use - Allowed Uses and Permlt Requlrements A Allowed Use UP Use,Permlt Requfted MUP Minor Use Permlt Requlred t se Not l[llowed LAND USE PERMIT REQUIRED BY DISTRICT Speeific 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 Health/fitness facilities UP UP UP lndoor amusemenUentertainment facilities UP UP UP lndoor sports facilities UP UP UP Libraries, museums, galleries A A A Parks and playgrounds UP Religious facilíties UP Schools - Private UP UP 5 A Allowed Use UP Use Permlt Required MUP Minor Use Fermit Requlred TABLE 2.8 Mixed Use - Allowed Uses and permit Requlrements Use Nst Allowed PERMIT REQUIRED.BV DISTRICTLAND USE DMU MCE MCO Specific tlse Regulations Schools - Specialized education and training A A A Studios - Art, dance, martial arts, music, etc.UP UP UP Theaters and auditoríums 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 (Duptex)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, furnishi & appliance stores A A A Gas stations UP General retail sales A A A Grocery stores A A A Mobile home and R\'sales A Night clubs, bars, ar d cardrooms UP UP UP Plant nurseries and supply stores A Restaurants A A A Warehouse retail A Notes: Structures in the construction and structures may be district that were permitted as single-family residential dwellings at the time of theirwere in existence as of January 1,2020,are considered legal residential uses. Suchto other uses allowed in the MCO 6 family residential afterJanuary 1,2020. zoning district, and converted back to single- TABLE 2,8 ;Mixed,Use .Allowed'Uses and perrnit Requlrements A Allow,ed Use UP Use Permlt ,Requhed MUP Minor Use Permit.Required Use NotAllowed LAND USE PERMIT RE.QUIREÞ BY ÐISTRIGT Speclfic Use RegulationsDMI'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 Professíonal Services A A A SERVICES Audio & video rental A A A Auto repair and maintenance UP Car wash UP Community care facilities Residentíal 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 TRANSPORTATTON, COMMUNTCATTONS & TNFRASTRUCTURE USES Broadcast studios UP UP UP Parking facilities/vehicle storage UP SE9IAÀ!-5- All ordinances and parts of ordinances in conflict herewith are repealed insofar as such confl¡ct may ex¡st. SECTION 6. No Mandatory Duty of Care. This ordinance is not intended to and shallnot be construed or given effect in a manner which imposes upon the City, or any officeror 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 othenruise 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 L Effective Date and Publication. This Ordinance shall take effect thirty (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(c)(1 ). Approved this 20th day of May,2020 DOUG KUEHNE MayorAttest 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 May 20,2020, by the following vote: AYES: COUNCIL MEMBERS - Chandler, Nakanishi, and Mayor Kuehne NOES; COUNCIL MEMBERS - Mounce ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify 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 8