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Home My WebLink AboutAgenda Report - October 2, 1991 (52)OF `''crFva+`P CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Introduction o f Publ i c Improvement Reimbursement Ord i nanM MEETING DATE: October 2, 1991 PREPARED BY: Richard C. Prima Jr. Assistant City Engineer RECOMMENDED ACTION That the City Council set a public hearing for Octote, 16, 1991, to discuss the Publ is Improvement Reimbursement Ordinance and either introduce the ordinance or direct staff or modi f i cat i ons . BACKGROUND Il4OFAIACT l\E Developers are required to install water, sewer and drainage lines and street improvements necessary to serve their development. These improvements are made within the project and along the frontage of the parcel being developed thus parcels on the opposite side of the street then have those improvements available. Occasionally these improvements extend across ota er parcels. In either case, it is reasonable to require subsequent devel opens of the other parcels to reimburse the first developer for their appropriate sha': of the improvements. Although this reimbursement is not required by state law, :t has been the City's practice to do so for marry years. In addition to the above scenario, developers are sometimes required to 'aversize" a utility to provide "upstream" capacity. In this case, State law requires that the developer be reimbursed, either by the City or the upstream property. The Development Impact Mitigation fees address some of these issues, maimisy oversize sewers, water mains and master storm drains required by the City Master Plans. The existing Municipal Code only addresses water and sewer extensions and does not fully comply with state law. An ordinance to do the following is being prepared and will be available before the hearing: 1) Create a unified reimbursement procedure for improvements not coverAt under the Development Impact Mitigation Fee Ordinance; 2) Add storm drainage and street installations as improvements eligible for reimbursement ; 3) Repeal and/or amend existing code sections as needed to comply with �e Development Impact Fee Study and the new Reimbursement Ordinance; THOMAS A. PETERSON , �,� Introduction of Public Improvement Reimbursement Ordinance October 2, 1991 Page 2 4) Provides for a Public Hearing process. FUNDING: None needed. Jack L. Ronsko Public Works Director Prepared by Richard C. Prima Jr., Assistant City Engineer JLR/RCP/lw cc: City Attorney CREIMBUR.1/TXTW.0IL (CO.COM) rj September 25, 1991 oma`+ CF g OF LOQILDate: NC *E OF P1JBI_IC HEARINGCITY tober 16, 1991 CARNEGIE FORUM 305 West Pine Street, Lodi 30 p.m. Far information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING October 16, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 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) Proposed Public Improvement Reimbursement Ordinance All interested persons are invited to present theirviews and commentson 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 ralsingorly 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: i Alice M. Reimche City Clerk Dated: October 2, 1991 Approved as to form: B`r at City Attorney OF '` NC��E OF PUBLIC HEARING CITY OF i:01)i Date: November 6, 1991 c44ro��o CARNECIE FORUM 305 West Pine Street, Lodi Time: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-6702 CONTINUED NOTICE OF PUBLIC HEARING November 6, 1991 NOTICE S HEREBY GIVEN that on Wednesday, at the hour cf 7:30 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) Proposed P u b l i c Improvement Reimbursement Urdinance Al I 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 i n 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: d&J-' J � - fi� /X, - Alice M. Reirnche City Clerk Dated: October 16, 1991 Approved as �t}o form: 'l(& 6c j j Bob Natt City Attorney ORDNANCE NO. 1526 AN URGENCY ORDK� OF THE LODI CIIY 0JLJNCL ANDA.,' LORI MLJ ["AL CODE CHAPTER 15.64 - "DEVELOPMENT "ACT MITIGATION FEES" BE IT ORDAINED BY THE LORI = CJOUNCII., AS FOLLOWS: SECTION 1. todi Municipal Code Chapter 15.64 is hereby amended by adding a new subsection G to Section 15.64.010 as follows: 15.64.010 Findings and Purpose. "G. The City has previously approved various development projects which have made significant financial expenditures towards completion, including the payment of the then current development impact mitigation fees; but have not obtained a building permit. The City Council finds and declares that such projects should be allowed to proceed without the imposition of new development impact mitigation fees imposed tinder' this chapter." SECTION 2. Lodi Municipa Code Section 15.64.040(D) is 'hereby amended to read as follows: "If a final subdivision map has been obtained before the effective date of this ordinance, then the fees shall be paid before issuance of a building permit or grading permit, whichever comes first, except as exempted under Section 15.64.110 of this chapter ." -1- SECIION 3. Lodi Municipal Code Chapter 15.64 1 s hereby amended bre adding a new subsection E to Section' 15.64.110 as follows: 15.64.110 Fee Exemptions. "E. Additional exemption for development projects in progress: 1. A project on a parcel (or portion of a parcel) which has, an the effective date this ordinance, received the appropriate development approval, but has not obtained a building permit and has paid appropriate mitigation fees under Resolution 36H of Ordinance 1440, shall be exempt from imposition of t h e development impact mitigation fees imposed under this chzger except the Sewer Lift Station area fees. 2. For purposes of this subsection, "appropriate developentr approval" shall include: 0 an approved or conditionally approved tentative map; 0 an approved final subdivision or parcel map; 0 an approved use permit when no map was required; 0 an approved public improvement agreement. 3. The exemption under this subsection shall not apply to changes in land use, pursuant to subsection (D) for Storrm Drainage Impact Fees. 4 The exemption under this subsection shall apply on projects which include a change in land use to a more intensive us.- as -2- ,--N defined in this chapter only to the extent that the previously approved land use shall be considered an existing use and the project shall be charged the appropriate incremental increase as provided in this chapter and the fee resolution. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Findings. The Lodi City Council hereby finds and declares that it is appropriate to adopt this ordinance as an urgency measure in order to protect the public health, safety or welfare. This finding is based on the following facts: 1. Ordinance 1518 which this ordinance amends is scheduled to become effective on November 5, 1991. 2. If this ordinance is not adopted as an urgency ordinance, project applications filed between November 5, 1991 and the effective date of this ordinance would pay one set of fees and those filed afterwards another amount. 3. This situation would materially interfere with the City's ability to plan, construct and pay for the public improvements described in this chapter. Egli SECION 6. The public health, safety or welfare require that this ordinance be adopted as an urgency measure. SECTION 7. This urgency ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published i n the City of Lodi and shall be in force and take effect on November 5, 1991. Approved this 16th day of October 1991 _ t DAV D INCHMAN MAYOR Attest : ALICE M. REI CTE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1526 was adopted as an urgency ordinance at a regular meeting of the City Council of the City of kodi held October 16, 1991 and was thereafter passed, adopted and ordered to print by the following vote: -4- Ayes : Council Nkm-bm - Pennino, Pinkerton, Sieglock, and Hinchman (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Snider I further certify that Ordinance No. 1526 was approved and signed by the Mayor on the date of i t s passage and the same has been published pursuant to law. ALICE M. RE MCHE City Clerk Approved as to Form BOBBY W. FMcNATT City Attorney ORD1526/TXTA.02J -5-