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HomeMy WebLinkAboutAgenda Report - April 7, 1993 (103)OR � 4� CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Set Puhlic Hearing for May 5, 1993 to Consider the Planning Commission's Recommendation that the Cit Amend Title 17 of the Lodi Municipal Code (Zoning Restrictions to Provide for an Administrative Deviations Procedure MEETING DATE: April 7, 1993 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City .Council set a public hearing for May. 5, 1993 to consider the. Planning Commission's recommendation that the City amend Title 17 of the Lodi .Municipal Code (Zoning Restrictions) to provide for an administrative deviations procedure. BACKGROUND INFORMATION: The proposed amendment was generated by recent discussions regarding the adoption of a new Community Development Vee Schedule. The Planning Commission felt that certain types of minor deviations or variances could be handled by City staff thereby saving the applicant the additional time and money to go before the Planning Commission. The proposed administrative deviations amendment establishes precise limitations on the types of variances that can be approved by staff and the magnitude of deviation that can be permitted. It was the intent of the Planning Commission that this process would make the variance process easier and less expensive for the majority of people applying for a variance or a deviation. The Planning Commission also recommended that a nominal fee be charged for this procedure. Attached is a copy of the proposed administrative deviations amendment as recommended by the Planning Commission. FUNDING: None required. kusn'iiyldhr eder evelopment Director JBS/DM/cg Attachments Prepared by David Morimoto, Senior Planner APPROVE Li THOMAS A. PETERSON —Voted Paper City Manager CCCD93.7/TXTD.0IC ORDINANCE NO, AN ORDINANCE OF TF -3 CITY COUNCIL OF THE CITY OF LODI ADDING ':O THE LODI MUNICIPAL CODE RELATING TO ADMINISTRATIVE DEVIATIONS sxzza=xaxazxx.xs axxa=massaaasa:a:saasazsaa:saxzszaaaas:aasaasaassts seas 3E IT ORDAINED BY THE CM CMUCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code is hereby amended by adding the following CHAPTER ADMINISTRATIVE DEVIATIONS Section INTENT. It is .the intent of this Chapter to establish minor administrative exceptions to the regulations of this (Title?), which may be used to insure that property, because of special circumstances, such as size, shape, topography, location or surroundings, shall be accorded privileges commcaly enjoyed by the other properties in the same zone in the vicinity. Section PER."SITYT..D ZONE AND PERMITTED MODIFICATIONS. Applications for Deviations may be accepted in all zones, unless otherwise specified. Applications for Deviations may be considered for the following modifications only:• (a) Off-street parking requirements: (1) Parking improvements; (2) Up to thirty percent (30%) of parking and loading space requirements, but not exceeding two (2) spaces; -I- (b) Se.Dack requirements: (1) Up to forty percent (407x) of the front yard setback requirement, but not closer to the property line than fifteen (15) feet; (2) Up to forty percent (40t) of the side yard setback requirement, but no closer to the property line than three (3) feet; (3) Up to thirty percent (30%) of the rear yard'sitback requirement, but no closer to the property line than five (5) feet; (c) Arga and width requirements: (i) Up to fifteen percent (151) of the area requirements, excluding lot area requirements; (2) Up to ten percent (lot) of the lot area or lot width requirements; (d) Height requirements: (1) Up to thirty percent (30R) of height requirements, but not to exceed five (5) feet. (e) Landscaping requirements. Section REC4IR.MNTTS FOR APPLICATION. A request for a Deviation shall include a site plan which clearly delineates the location and extent of the regulation to be modified and any other documentation required by the Director. .2- 7 • Section REVIEW PRCC'DURES. The review procedure for Deviation applications shall be Staff Revi,w with Notification. Section REVIEW , AUMORITY. The Community Development Director or designee shall be the reviewing authority under this, ordinance. All decisions shall be based on consideration of all relevant information received and shall include written findings granting or denying the application. Section FINDINGS. prior to approving an application for a Deviation, the review authority shall find that all of the following are true: (a) The granting of the Deviation will not be materially detrimental to other properties c land uses in the area; (b) There are exceptional- or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity; (c) The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity; (d) The granting of the Deviation is consistent with the General Plan. -3- -f . Sect cr. All decisions of the reviewing authority, including the applicability of this Chapter, shall be subject to appeal to the Planning Commission, by written request, within ten (10) days after the action. Thereafter, the appeal process shall be as specified in Section 17.72.110 of this Code. SECTION 2. All ordinances and parts of ordinances in conflict herE:4th are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the 'Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this day of PHILLIP A. PENNINO Mayor Attest: JENNIFER M. PERRIN City Clerk aaaaa==ese===aaaaaaaaaasaaasaaa_=aeaaaaaaa=aacaaaaaaasaaaaaaa_saaaaaasa State of California County of San Joaquin, ss. I, Jennifer Perrin, 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 , 1993 and was thereafter passed, adopted and ordered to print at a regular meeting of said Co•,mcil held 1993 b:• tho_ following vote: .4- 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 BOBBY W. MCNATr- City Attorney ORDZONE/TXTA.OIV 5- JENNIFER M. PERRIN City Clerk 4 -r CITY 01 LODI . No. c OF.PUBLIC HEARING Carnegie Forum Date:, May 5, 1993 305 Vest Pine Street, Lodi • Time;, . 7: pa p.m. For W mmbm negarckV Ws PWic Hearing please contact Jennifer M. Perrin City Clerk Telephone: (209) 333.6702 NOTICE OF PUBLIC HEARING May 5, 1993 NOTICE IS HEREBY MEN that on Wednesday, at the hour of 7:00 p.m.; or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing to consider the following matter. a) Amend Title 17 of the Lodi Municipal Code (Zoning Restrictions) to provide for an administrative deviations procedure Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street. Lodi, California. AN interested persons are invited to present their views and continents on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to rasing only those issues you or someone else raised at the Puaic Hearing described in this notice or in written correspondence delivered la the City Clerk, 221 West Pine Street at or prior to the Public Hearing. By Order of the Lodi City Council: ader�MPe�C/'n City Clerk Dated: April 7, 1993 Approved as to form: Bobby W. McNatt City Attorney %CRYCIRMFORMSVWEAM MC VM3