HomeMy WebLinkAboutAgenda Report - December 21, 2005 K-03AGENDA ITEM 11��3
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Eliminating Early Lock -in Date for Development Impact Fees
Established in Resolution 2004-238 and Establishing that Development Impact
Fees established by Resolution 2004-238 will not be locked in until the time
required by California Law.
MEETING DATE: December 21, 2005 City Council Meeting
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: Adopt Resolution eliminating early lock -in of Development Impact
Fees.
BACKGROUND INFORMATION: California law allows cities to collect new impact fees or increased
impact fees at any time until the development has acquired a vested
right to develop under existing standards. That right does not vest
until the developer has performed substantial work and incurred substantial liabilities in good faith
reliance on a permit issued by regulatory authorities. (Avco Community Developers v. South Coast
Regional Commission 17 Cal 3d 785 (1978)). Despite this limit, Lodi's 2004 impact fee adjustment
allows developers to in some instances, lock their fees in earlier than the timeline required by Avco. That
allowance exposes the impact fee programs to increases in costs that accrue during the period between
the time the fees are paid and the time the impact fee program improvements are constructed. Those
increases must of necessity come from some other City fund, instead of the development that spurred
the need for the impact fee program. Accordingly, staff recommends that Council amend Resolution
2004-238 to provide that the fee increases established in Resolution 2004-238 are not locked in until the
latest date allowed by California Law.
FISCAL IMPACT: Increase to IMF funds
tep en Schwa er
City Attorney
APPROVED: r- I
Blair King, anager
RESOLUTION NO. 2005-263
A RESOLUTION OF THE LODI CITY COUNCIL
RESCINDING AND REPLACING CERTAIN
LANGUAGE IN RESOLUTION NO. 2004-238
RELATING TO IMPACT FEE INCREASE
WHEREAS, the City Council adopted Resolution No. 2004-238 on November 3,
2004, amending the fees for Storm Drainage, Streets and Roads, and Parks and
Recreation; and
WHEREAS, Resolution No. 2004-238 established certain exemptions for
projects from the increase in fees established therein. The exemptions were in excess
of those required by California law; and
WHEREAS, the City Council desires to ensure that the City of Lodi collects
increased costs for the programs funded by Development Impact Fees that arise when a
project begins construction later than the date Resolution No. 2004-238 allows fees to
lock in.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that:
1. All text following the first sentence of Section 3 of Resolution 2004-238 is hereby
rescinded as of the date of this Resolution and replaced with the following: The
increased fees in "Resolution No. 2004-238 will not apply to any project which
has satisfied all elements necessary under California Law to be exempt from
increases in impact fees."
Dated: December 21, 2005
I hereby certify that Resolution No. 2005-263 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 21, 2005, by the
following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, Mounce,
and Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J..BLAC ON
City Clerk
2005-263