HomeMy WebLinkAboutAgenda Report - November 16, 1988 (52)SUBJECT: ADOPTION OF ORDINANCE NO. 1440 - AN ORDINANCE OF THE LODI CITY COUNCIL
ESTABLISHING A STORM DRAINAGE FEE FOR DEVELOPMENTS WITHIN THE CITY OF LODI
Ordinance No. 1440 - "An Ordinance of the Lodi City Council Establishing a Storm Drainage
Fee for Developments within the City of Lodi" was introduced at the regular meeting of
November 2, 1988.
Pursuant to State Statute, ordinances may be adopted five days after their introdu,:tion
following reading by title.
This Ordinance has been approved as to form by the City Attorney.
A%
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the Lodi City
Council to adopt Ordinance No. 1440.
'Alice M. Reimche
Ci ty Clerk
BE IT ORDAINED BY THE IM CITY COUNCIL AS FOLLOWS:
SECTION 1. PURPOSE.
In order to implement the goals and objectives of the City of Lodi's
General Plan, and to mitigate the impacts upon the drainage system of the
City caused by future development, certain publ is drainage improvements-�or'
facilities must be or have been required to be constructed. The Lodi City
Council has determined that a development impact fee is necessary and
appropriate in order to finance these public drainage improvements and to
pay for each development's fair share of the construction costs of such
improvements. In establishing the fee described in the following sections,
the City Council has found the fee to be consistent with its General Plan,
and pursuant to Government Code §65913.2, has considered the effects of the .
fee with respect to the City's housing needs as established in the Housing
Element of the General Plan-
SECIION 2. OF THE STORM DRAINAGE FEE
There is hereby established, upon issuance of all building, use or
occupancy permits and subdivision maps for development in the City of Lodi,
a Storm Drainage Fee.
This fee is established to pay for public drainage improvemen- . The
City Council shall, in a Council resolution adopted after a duly noticed
public hearing, set forth the specific amount of the fee, describe the
benefit, list the -specific municipally -owned improvements to be financed,
describe the estimated cost of these facilities, describe the reasonable
relationship between this fee and the various types of rev developments,
and set forth the time for payment. A described in the fee resolution,
this development fee shall be paid by each developer as specified in
Government Code 953077.5, referring to time of collection. On an annual
basis, the City Council shall review this fee to determine whether the fe$
amounts are reasonably related to the impacts of developments and wheth ar
the described public drainage facilities are still needed.
Said Resolution ''and associated studies shall be available to the
general public for a period of at 'least fourteen days prior to the publl6
hearing .
facilities described in the resolutions enacted pursuan-_ to
Section 2
above,
or to reimburse the
City
for those
described
or listed
facilities constructed
by the
City with
funds advanced by the City from other sources, or;
( b) Reimburse developers who have been required or permitted by
Section 4 hereunder to install such listed facilities which
are oversized, with supplemental size, length, or capacity.
(c) To pay for and/or reimburse costs of program development
and ongoing administration of the fee program for such
public
facilities.
SBCHON 4. DEVELOPER CUI% ,IM OF FACILITIES.
Whenever a
developer is required, as a condition of approval . of a
subdivision map
or development permit, to construct a public drainage
facility described in a resolution adnoted pursuant to Section 2 above--
which facility is
determined by the City to have supplemental size, length,
or capacity over
that needed for the impacts of that development, and when`"
such construction:
is necessary to insure efficient and timely construction`'
of the facility's
network, a reimbursement agreement wtEi the developer and
a credit against
the fee, which would otherwise be charged pursuant to"this
ordinance on the
development project, shall: be offered. The reimbursement
a,
amount shall not
include the portion of the improvement needed to provide.
services or mitigate the burdens created by the development. -
r
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SECTION 5. APPEALS
Any appeal from the imposition of fees under this ordinance shall be
done in substantial conformance with the procedures found in Lodi Municipal
Code § 13.12.590.
SECTTCN 6— EFFECTIVE DATE OF FEE
This ordinance was adopted at a noticed public hearing, at which time
the City Council also considered the initial development impact fee
resolution. This fee shall apply to the issuance of any building, use or
occupancy permit, or for any development approval issued after thirty Jays
following this ordinance's passage.
SECTION 7. PUBLICATION
This ordinance shall be published once within fifteen days
adoption in the "Lodi Nays Sentinel", a daily
circulation printed r nd.published in the City of Lodi.
Passed and adopted this 16th day
,
J��ES W. PINKERT f�, JR.
of its
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. 1440 was introduced at a regular meeting of the City Council
of the City of Lodi held November 2, 1988 and was thereafter passed,
adopted and ordered to print at a regular meeting of said Council held
November 16, 1988 by the following vote:
Ayes : Council Menibers - Hinchman, Olson, Reid, Snider and
Pinkerton (Mayor)
Noes : Council Members - None
Absent: Council Members - None
Abstain: Council Members - None