HomeMy WebLinkAboutAgenda Report - April 12, 2004 B-02 SMAGENDA ITEM to lir
CITY OF LODE
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Discussion and Direction Regarding Notice of Intention to Circulate Petition
Submitted March 30, 2004 to the City of Lodi City Clerk's Office by Elizabeth
M. Fiske, Glenda Hesseltine, and Walter Pruss
MEETING DATE: April 12, 2004
PREPARED BY: City Attorney, Interim
RECOMMENDED ACTION: Discussion and Direction Regarding Notice of Intention to Circulate
Petition Submitted March 30, 2004 to the City of Lodi City Clerk's
Office by Elizabeth M. Fiske, Glenda Hesseltine, and Walter Pruss.
BACKGROUND INFORMATION: Attached for Council's information is a copy of the Notice of
Intention to Circulate Petition Submitted March 30, 2004 to the City
of Lodi City Clerk's Office by Elizabeth M. Fiske, Glenda Hesseltine,
and Walter Pruss. Subsequent to receipt of the Notice, City staff reviewed the document and identified a
few areas of concern which they will discuss during the Special Council meeting.
FUNDING: Not Applicable
Attachment
JK/sl
hen Schwauba
City Attorney, Interim
APPROVED:
H. Dixon Flynn, City Manager
MEMORANDUM
ice r :tine L&LI Ci - Clerk
SUBJECT: NOTICE F INTENTION TO CIRCULATEPETITION
filedThe atWhed Notice of Intention to Circulate Petition was in my office on
March ��Q. Payment of the $200 fee for processing an initiative petition was also..�
received in accordance with Resolution 98-28.
Pursuant. to California. Elections Code Section 9203 () the City Attorney has 1
days from the date the Notice of Intention was filed with the City Clerk to prepare
a. ballot title and summary, The proponents will then publish the notice, title, and.
summary in Lodi News Sentinet, after which circulation of the petition oars
commence. Signatures from a minimum of 10% of the registered voters in the
City of Lodi must sign the petition for it to qualify for certification by the San
Joaquin Registrar of Voters, As was reported to the Secretary of State's Office
on March 2, 2€ 04, the total number of registered voters in the City of Lodi was
26,332 10% � 2,634),
Ms. Susan lackston
City Clerk, City of Lodi
1 W, Pinc t,
Lodi, CA 9524.0
March 30, 2004
To the Honorable Clerk of the City of Lodi;
EE
11131, MA'D
Below is our notice of intention to circulate an initiative petition. We request that a title and summary of if be
prepared by the city attorney, We further petition you to submit this Measure to the city council for adoption
without change orsubmission omission to the voters of the City of Lodi at the earliest regular or special election for:
which it qualifies.
NOTICE OF INTENTION TO CIRCULATE PETITION
NOTICENOTICETS HEREBYGIVEN by tbe persons whose names appear hereon of their intention to circulate the
petition within the City of Lodi, -Ibe petition proposes to amend: the City of Lodi`s zoni.ng ordip , Lodi
-Municipal Cade, 'Title 17, to impose a maximum size limitation of 100,000 square feet upon all Iar e-�scale retail
steres.
statement of reason for the proposed action as contemplated is as follows. Lodi is conf ont d with
increasingly larger scale regal stares and increasingly larger scale commercial development projects, 'These`
projects, and the likelihood of similarly large -scaled projects in the future, have raised concerns based € n the
hidden costs, economic, environmental, and social, these may have on the City of Lodi.
4hese include.
1. Costs of adverse traffic congestion and infrastructure,
2. L-oss of trees, open space and farmland,
3, Displacement of loc=ally awned small businesses,
4, Erosion or even elimination of L:odi's unique "small town atmosphere,"
. Potential for urban blight.,
. Disruption of" the City's policy to support the downtown as a retail and cultural area,
7, pollution of air and water,
8. 1. crea e in crime, and
9. Tendency for city services to cost. more than in ome generated by t revenue.
In order to protect the city from the adverse effects cased by the proliferation of large-scale retail. stores and
commercial pr jects, the measure provides as follows;
o is Sensible Scale and Character Initiative
The people of the City of Lodi do hereby ordain as follows:
do �s ext lei s
A. Purpow The purpose of this Initiative is to protect and preserve the existing community character
and fabric, and promote the-continua.:tion of neighborhood/community commucial centers.and the
downtown commercial center, Also, the purpose of this Initiative is to ensure that the purposes and
principles set fords in the City of Lodi's General Plan are fully considered by establishing sensibly
scaled reit it development and maintenance of the City of L.,o is unique character. This action:
recognizes that large -scaled retail stores affecting the city shall be subject to a public vote.
B. Findings, The people of the City of Lodi find that regulating size and bulk of retail stores, through
this iiiitiati e, promotes the welfare, economy, and quality of life of the residents of Lodi, based upon
the fo Rowing:
y
An important component of the City of Lodi is maintaining its unique character. L odi's small-town and rural
qualities .re a valuable trait of the to m. Large-scale retail stares detract f orn the community's character and
aesthetics. Large retail stores are usually located some distance away from residential neighborhoods because
they require large sites, which are usually found only in. zones outside of the downtown area, Large-scale retail
often consists of ton , plain facades, a sea of parking, and sparse landscaping.
he unique character of the City of Lodi and the duality of life enjoyed by city residents and visitors depend on
the protection of the small-town and rural qualities. The protection of such attributes aids the continued
viability of the city and brings mental and physical benefits from the broad protection of Lodi residents' quality
oflil
. Strengthening Loch's Economy.
It is im ortatit to have sensible scale retail stores in order to continue to strengthen and sensibly develop L€ di's
existing econorny. Lodi has a number of shopping centers providing the community with merchandise and
ser prices, large-scale retail stores affect existing shopping centers by causing the existing stores to> o out of
business, thus.destabilizing the shOpping centers, and leaving empty, boarded -up buildings, which increase crime
and blight, The surrounding area loses the merchandise and services offered by the existing businesses.
Sometimes alar e -sale retail company will close down an existing stare;, and replace it with a superstore, which
also results in a lame, empty stare.
3. Ensuring adequate Public Services for the City.
There are negative impacts to not. having sensibly scaled retail stores, includi : safety° Large-scale retail stores
require significantly higher roan itm nt of police, fire, and public mtety resources compared to smaller
WJghborhood stores. Usually large-scale stares fail to provide provisions for the pedestrians entering the stare
It is often dangerous even to walk from the parking lot to the entrance of the stare, with cars driving and
rnaneuverinng in the very large parking area. The larger stores usually involve longer trips and generate more
traffic in a concentrated area, and thus require improved street capacity in their immediate neighborhoods, The
elderly, handicapped, and poor may not have access to larger retail stores because they are located at greater
distwices away from their neighborhoods due to the large laird acquisition requirements of the larger retail stores.
C, Effect of Initiative. To achieve the above -stated purposes, this Initiative would amend. the City of
Lodi's Ordinance to establish a limit on large-scale retail stares that exceed 100,000 square feet of gross
floor area. Also it would require that any project proposal that exceeds 1.00,000 square feet of grass floor
area be :subject to a public vote for approval.
Exhibits. This initiative does not have any exhibits attached but relies upon the design standards for large-scale
stores recently adopted by the City.
legion 2. Zon' di rase is
Whereas, the Lodi General Plan establishes a policy framework that forms the City of Lodi's strat gy'for r --tail;
and
Whereas, the Lodi General plans recognizes three distinct types of shopping centers — nci hborhoo /community
commercial; general commercial; and downtown commercial; ars
Whereas, the Lodi General Plan establishes policies encouraging promoting downtown Lodi as the City's social
and cultural center and an economically Friable retail and professional office district, it promotes locating fature
commercial retail in d v town Lodi and preserving the existing small-town scale and character of Dodi; and
Whereas, General Plan policies promote and encourage vital neighborhood commercial districts that are evenly
distributed throughout the city so that residents are able to meet their basic daily shopping needs at
neighborhood shopping centers; and
Whereas, the, California Government code also provides that in order for the ordinance to be consistent with the
General. Plan the various lard uses authorized by the ordinance should be compatible with the objectives,
polities, general land uses, and programs specified in the General Plan; and
Whereas, the Dodi zoning ordinance (Title 1. 7 of the Lodi Municipal Code) has not l e t pace with. the evollAtiorl
of the retail sector and fails to adequately distinguish the size, scale and ,scope of various retail activities; and
Whereas, an emerging national trend exists toward increasing the size of retail outlets and the diversity of
products offered atsuch large-scale discount stares and discount superstores; and
Whereas, the establishment of discount stares in Lodi is likely to negatively impact the vitality and economic
viability of the city's neighborhood community commercial and. downtown commercial centers by drawing sales
away from traditional retail stores located in these centers; and
Whereas, discount superstores adversely affect the viability of small-scale, pedestrian -friendly neighborhood
c ommercial areas, contributing to blight its these areas; and
Whereas, given the city's current population of 60,000, there are currently adequate retail stores to support the
market for large-scale retail; and
Whereas, the proposed amendments to the zoning ordinance are intended to preserve the city's existing
neighborhood -serving shopping centers that are, centrally located within the community; and
Whereas, this distribution of shopping and employment creates a land use pattern that reduces the reed for
vehicle trips and encourages walking and biking for shopping; services, and employment; and
Whereas, a significant concern with large retail discount sures is that. they combine neighborhood -serving retail
in a more re iaote, regional -servinretail center which would result in the decline of neigh borbood-serving retail
sures by consolidating their activity in a single, outlying location; and
Whereas, the remote location of large retail discount sures means that local residents are forced to drive further
for basic; services such as groceries, and are forced to take longer and more frequent traffic trips to the >regional
com erci ai center to satisfy basic everyday needs, increasing overall. traffic and overburdening streets that were
not designed to accommodate such traffic; and
Whereas, the proposed amendments to the zoning ordinance, by limiting large-scale retail stores, will 'prevent the
negative transportation and related air quality impacts that establishment of such stores is likely to have, and
Whereas, numerous local jurisdictions in the country and the State of California, taking all of the above
considerations in mind, have enacted ordinances on new large retail stores over a certain size that either
Completely prohibit new retail Mores over a certain size or require special impact studies; and
Whereas, California jurisdictions that have recently enacted such regulations to help sustain the vitality of small-
scale, more pedestrian -oriented neighborhood shopping districts include the Cities of Turlock, Santa Maria, San
Lis Obispo, Arroyo Grande, t alcl and and Maltirnez; and
Whereas, a potential discount superstore would directly contravene the approach the city's General Plana
established for retail3 and
Whereas, the proposed regulations will place stricter controls on the establishment of, or conversion to large-
scale sures std would prevent a large-scale store with potential negative environmental impacts faro n eitx
established is Lodi; but. will not itself generate environmental impacts or necessitate environmental review. and
Whereas, the adoption of these regulations does not approve any development project nor does it disturb the
physical environment either dircetly or indirectly as the regulations modify the limitations of land use by
limiting large-scale retail stages Haat exceed 100,000 square feet of gross floor area and require such projects be
approved by the citizens' votes; and
Whereas, requiring voter approval of land use development of large-scale retail stores that exceed 100,000 square
feet of gross floor area will ensure opportunities for full public participation in decisions affecting facture land
Use, quality of life, and character of the City of Lodi.
W, THEREFORE, the City of Lodi hereby ordains that.
The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is amended by the addition of Section
17,36.035, which shall read as follows:
"Retail stmetares in the C- I district shall not exceed 100,000 square feet in gross floor area unless
approved by public vote. For the purposes of this subsection, the term "gross floor area" shall include
outside retail areas,"
'Fhe Lodi Zoning Ordinance (11fle 17 of the. Lodi Municipal Code) is further amended by the addition of
Section 17,39,035, which shall read as. follows:
"Retail structures in the C-2 district shall not exceed 100,000 square feet in gross floor area unless.
approved by public vote, For the purposes of this subsection, the term "gross floor area sh0 include
outside retail areas."
T'he Lodi Zoning Ordinance ('title 17 of the Lodi Municipal. Code is ftnt.her amended by the addition of
Sections 17, 36-036 and 17,39.036 which shall read as follows:
"Nothing is. this Chapter shall give the City Council the authority to grant a variance from the. provisions
of 17,36,035 and 17,39.035 relating to the maximurn size of structures in the C-1 and C-2 Diskriem'
A. Effective Date. As provided in Elections Code section 9217, this Initiative shall take':effect ten days
afterthe date on which the election results are declared by the City Council, Upon the effective date of
this Initiative, the provisions, of Section 2 of this Initiative arv, hereby inserted into the City of Lod. i's
Planning and Zoning Code as an amendment thereof
B. Interim. Amendments, 'The City of Lodi's Zoning Code in effect at the time the Notice of Intent to
circulate this. Initiative was submitted to the City of Lodi Elections Official on March 30, 2004
("Submittal Date"), and the ordinances as amended by this Initiative, comprise an integrated, internally
consistent and compatible statement of policies for the City of Dodi. h-1 order to ensure that the City of
Lodi. s Planning and Zoning remains an integrated, internally consistent and compatible statement of
policies for the City as required by state law and to ensure that the actions of the voter in enacling this
Initiafi�ve are gi.vQ-n effect, any provision of the Planning and Zoning Code that is adopted between the
Submittal Date and the date that the Planning and Zoning Code is amended by this measure shall, to the
extent that sueb interini-enacted provision is inconsistent with the Planning and Zoning Code provisions
adopted by Section 2 (if this Initiative, be amended as soon as possible and in the manner and time
required by state law to ensure consistency between the provisions adopted by this Initiative and other
elem=ts of the City's Planning and Zoning Code.
C. Other City Ordinances and Policies, The City of Lodi is hereby authorized and directed to amend
the Planning and Zoning Code, other ordinances, the General Plan, and policies affected by thi s Initiative
as soon as possible and in the manner and time required by any applicable state law to ensure
consistency between goals, ojectives and policies adopted in Section 2 of this Initiative and other
clew rats of the City's Planning and Zoning Code, General Plan, all community and specific plans, and
other City ordinances and policies,
A -Mem P -t i -O Wns-f-0 r- C- eff-W-n—P Vec —ts
This Initiative shall not apply to any of the fcsllowin : (i) any project that has obtained as of the effective cute
of the Initiative a vested right pursoant to state or local law; () any land that, under ,state or federal law, is.
beyond the power of the local voters. to a 'ect by the initiative power reserved to the people via the California
Constitution
-irr a tt�rs®
Except for the renewal or repeal (if this Article, any direct or indirect casts to the City of Lodi caused by the
lectics s mandated by this article shall be borne by the applicants for the large-scale development project i
excess of 100,0 square feet, unless otbe vise prohibited by state law.
Elections mandated by this Article shall be consolidated nth other elections, whenever fusible. Dit " vent..
pi-oposa.ls may appear an the same ballot at the sante election provided that each separate proposal affecting a
discrete property or development project shall be submitted to the voters as a separate measure.
iona vera i and _Int tati jR.
This Initiative shall; e interpreted so as to be consistent with all federal and state taws, rules, and regulations. If. .
any sentence, clause, phrase, part, or portion of this trait€ tive is held to be invalid or
unconstitutional by a fatal Judgment of a. court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions ofthli Initiative. The voters hereby declare that this Initiative, and.each.
section, sub -section, sentence, clause; phrase, part, or portion thereof would have been adopted or passed even
if one or more sections, sale -sections, sentences, clauses, phrases, parts, or portions are declared invalid or
unconstitutiQal. If any provision of this Initiative is held invalid as applied to any person or circumstance,
such invalidity shalt not affect any application of this Initiative that can be given effect without the invalid.
application, This l itiat.ive shall be broadly construed in carder to achieve the purposes stated in this Initiative,
toy, r t or :Re eA
Except as Othelivise provided herein, this initiative may be amended or repealed only by the voters of the City
of Lodi.
Elizabeth M Fiske
723 S. Lee
Me-