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HomeMy WebLinkAboutAgenda Report - April 7, 1993 (96)4 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Set 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 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 Fee 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. 'J a s B. iAede C unity Development Director JBS/DM/cg Attachments Prepared by David Morimoto, Senior Planner APPROVE6 THOMAS A. PETERSON nc �PW City Manager M CCCD93.7/TXTD.OIC op=N NCE NO. L _ A.m ORDINANCE OF HE CITY COUNCIL OF THE CITY OF LOD! ADDING TO THE L.0DI MUNICIPAL CODE RELATING TO ADMINISTRATIVE DEVIATIONS 3E IT ORDAINED 3Y THE CITY COUNCIL OF TFE CITY OF L:ODI AS FCLLOWS: SECTION i. Lodi Municipal Code is herein,, amended by addirc the Following CT.APTER 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 commonly enjoyed by the other properties in the same zone in the vicinity. Section PERMITTED 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; ,b: Se.�ace reqs:rerr,nts �:p to rorty par,snt '43%) of 'he .runt yard setback roqu:re=nt, but not closer to the prcperty lint tris(: t2) ::p to forty porcent ;s0%) of the side yard setback requirement, but no closer to the property line than three +3) feet; (3) Up to thirty percent i301? of the rear yard setback requireuaent. but no closer to the property line than. five (5) feet; (c) Area and width requirements: (1) Up to fifteen percent (15t) of the area requirements. excluding lot area requirements; (2) Up to ten percent (10t) of the lot area or lot width requirements; (d) Height requirements: f (1) Up to thirty percent (30t) of height requirements, but not to exceed five (5) feet. (e) Landscaping requirements. Section REODIR&MENTS 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- i '^ie review procedure for Deviation appi:caL_ons shall be.Staff Review with Notification. S?Ctior. ReJIEwTyG At7:' CRI—f The Community Develcpment Directcr or designee shall be the reviewing authority under _kis ordinance. All decisions shall be based on consideration of all relevant information recei•:ed 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 or 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- 1 Sect = All decisions of the reviewin; authority, including the applicability of this Chapter, shall ce subject to appeal to the Planning Co=ission, by -ritten request, within ten t10i days after the action. Thereaftei. 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 herewith 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. PENNING Mayor Attest: JENNIFER M. PERRIN City Clerk State of California County of San Joaquin, ss. 1, 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 Council held 1993 by the following vote: 4- low - Ayes: Council Members - Moes: Council Me -tubers - 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. MCNATT, City Attorney 0RDZONE/7XTA.01V -5- JENNIFER M. PERRIN City Clerk CITY OIC LODI NOi. _ OF PUBLIC BEARING Carnegie Forum Date: May 5, 1993 ¢ 305 Nest Pine Street, Lodi Time: 7: 00 p.m. poll For information regarding crus Public Hearing please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING May 5, 1993 NOTICE IS HEREBY GIVEN 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. All interested persons are invited to present their views and comments 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 raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: 2�nlfef Mr- errin City Clerk Dated: April 7, 1993 Approved as to form: Bobby W. McNatt �.. City Attorney J%CRYCLRWORM9WEAM DOC 4RN7