HomeMy WebLinkAboutAgenda Report - May 15, 2013 G-02 PHAGENDA ITEM a **t
CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Public Hearing to Consider Introducing Ordinance Revising the Growth
Management Ordinance by Expiring Unused Allocations and Suspending the
Required Schedule
MEETING DATE: May 15, 2013
PREPARED BY: City Manager
RECOMMENDED ACTION: Public Hearing to consider introducing ordinance revising the
Growth Management Ordinance by expiring unused allocations and
suspending the required schedule.
BACKGROUND INFORMATION: The City's Growth Management Program was instituted in 1991.
The allocation system gives priority through point assignments to
projects that reduce impacts on services, infrastructure, and
resources. The ordinance _sets an annual growth limit of two percent of the _City 's_populaton,
compounded annually. Once the amount of allocation units is figured, the City requires that the allocation
of units be distributed among housing types as follows; 65 percent low density, 10 percent medium
density and 25 percent high density.
The Growth Management Ordinance includes a priority location area and a point system to assist the City
with prioritizing issuance of growth management allocations. The priority location area designates lands
available for development and provides development categories of one, two or three, with Priority Area 1
being the first priority area for development. The priority areas are based on availability of city services
(e.g., water, wastewater, storm drains, streets, police, fire and parks). The point system was established
to rate projects based on various project merits in order to determine if one project should be approved
before another, particularly if there are more allocation requests than there are available allocations.
However, because the City has had only one growth management allocation request of 12 units since
2006, surplus allocations have accumulated at a fairly rapid pace. The table below provides the
numerical history of the program.
Density
Available Allocations
Scheduled from
1989-2012
Granted from
1989-2012
Remaining from
1989-2012
Low (0.1-7)
6,648
2,893
3,755
Medium (7.1-20)
1,023
466
557
High (20.1-30)
2,557
0
2,557
TOTAL
10,228
3,359
6,869
radt Bartlam, City Manager
The table does not reflect the units that will be added as a result of the 2013 population estimate. This
number is calculated once we receive the estimate from the State Department of Finance in the spring. In
2012, the total was 447 allocations.
As previously discussed, the program has added over 2,000 units in available allocations due to the
decline in residential construction activity. With nearly 7,000 unallocated units, there is nearly double the
amount allocated during the initial 23 years of the program. The recommendation being made is to expire
those allocations that have been added since 2008. 1 am proposing that this be done across two of the
three density categories with High Density Residential taking the majority. In the five-year period, 2,235
allocations were added to the reserve. I'm suggesting that we eliminate 800 Low Density and 1,435 High
Density allocations. This will still leave a current balance of 4,634 which should be more than enough
considering the additions that will still occur on an annual basis.
The second recommendation included in this action is to suspend the current schedule. Since the
inception of the program, allocations occurred on a set schedule which ensured that all applications
would be scored against each other for priority. Now with so many unused allocations, the scoring of
projects is not so critical. Therefore the need to have all applications at one time is not necessary. This
adds flexibility to the development community as well as relieving a workload issue for City staff. I believe
it is reasonable to suspend the schedule for a set period of time consistent with the current impact
mitigation fee program.
__ _FISCAL IMPACT: Not applicable
Konradt Bartlam --
City Manager
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI REVISING THE GROWTH MANAGEMENT
ORDINANCE BY EXPIRING UNUSED ALLOCATIONS AND
SUSPENDING THE APPLICATION SCHEDULE SET FORTH IN
RESOLUTION NO. 2006-141 THROUGH DECEMBER 31, 2019
WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a
Growth Management Plan for residential development within the City of Lodi; and
WHEREAS, the Ordinance sets an annual growth limit of two percent of the City's
population, compounded annually, and once the amount of allocation units are figured, the City
requires that the allocation of units be distributed among housing types as follows: 65 percent
low density, 10 percent medium density and 25 percent high density; and
WHEREAS, with nearly 7,000 unallocated units, there is nearly double the amount
allocated during the initial 23 years of the program; and
WHEREAS, staff's recommendation is to expire the allocations that have been added
since 2008, and that this be done across two of the three density categories with High Density
Residential taking the majority; and
WHEREAS, staff recommends that the following allocations be eliminated, leaving a
balance of 4,634:
800 Low Density; and
1,435 High Density allocations; and
WHEREAS, Resolution No. 2006-141 sets forth an application schedule for developers
to apply for Growth Management Allocations; and
WHEREAS, the surplus of allocations will render the application schedule unnecessary
through the life of the current Development Impact Mitigation Fee Program (December 31,
2019).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1.
1) That all allocations since 2008 be expired, eliminating the following allocations:
a) 800 Low Density; and
b) 1,435 High Density allocations; and
2) That the remaining balance of allocations (not including 2013 allocations which
have yet to be calculated) be as follows:
a. 2,955 Low Density )
b. 557 Medium Density ) 4,634 Total Allocations
C. 1,122 High Density )
3) That the current application schedule set forth in Resolution No. 2006-141 be
suspended until December 31, 2019.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer for employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 4. This uncodified 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 take effect 30 days from and after its passage and approval.
Attest:
Approved this _ of 12013
ALAN NAKANISHI
Mayor
RANDI JOHL
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that this uncodified
Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi
held May 15, 2013, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held , 2013, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES;
COUNCIL MEMBERS —
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.
RANDI JOHL
Approved as to Form: City Clerk
D. STEPHEN SCHWABAUER
City Attorney
2
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER REVISIONS TO THE GROWTH
MANAGEMENT ORDINANCE BY EXPIRING UNUSED ALLOCATIONS
AND SUSPENDING THE REQUIRED SCHEDULE
PUBLISH DATE: SATURDAY, MAY 4, 2013
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
DATED: THURSDAY, MAY 2, 2013
ORDERED BY: RANDI JOHL
CITY CLERK
JV
NIFER I RO ISON, CMC
A SISTANT CITY CLERK
RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
MARIA DITMORE
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
forms\advins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER REVISIONS TO THE GROWTH MANAGEMENT
ORDINANCE BY EXPIRING UNUSED ALLOCATIONS AND SUSPENDING THE
REQUIRED SCHEDULE
On Thursday, May 2, 2013, in the City of Lodi, San Joaquin County, California, a Notice
of Public Hearing to consider revisions to the Growth Management ordinance by
expiring unused allocations and suspending the required schedule (attached and
marked as Exhibit A) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 2, 2013, at Lodi, California.
N:\Administration\CLERK\Forms\DECPOSTCDD.DOC
ORDERED BY:
RANDI JOHL
CITY CLERK
MARIA DITMORE
ADMINISTRATIVE CLERK
• CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: May 15, 2013
Time: 7:00 p.m.
For information regarding this notice please contact:
Randi Johl
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
'V_r,--
L2
_ice.b 4 a
NOTICE IS HEREBY GIVEN that on Wednesday, May 15, 2013, 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 at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Revisions to the Growth Management ordinance by expiring
unused allocations and suspending the required schedule.
Information regarding this item may be obtained in the Community Development
Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are
invited to present their views and comments on this matter. Written statements may be
filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, 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 close of the public hearing.
By O r of the Lodi City Council:
Ra di of
City Clerk
Dated: May 1, 2013
rr•S�Ita I'7I�
D. Stephen Schwabauer
City Attorney
CLERMPUBHEARINOTICEMNOTCDD.DOC 5/1/13
EXHIBIT B
Public Hearing to Consider Revisions to the Growth Management Ordinance by
Expiring Unused Allocations and Suspending the Required Schedule
Mailing List
John Beckman
Building Industry Association of the Delta
1701 W. March Lane, Suite F
Stockton, CA 95207