HomeMy WebLinkAboutOrdinances - No. 1758R~INANC~ NO. 1758
AN ORDINANC F THE CITY COUNCIL OF THE CITY OF LODI
NDIN~ TITLE 15, " UI~RiN~~ AND CONSTR~CTION." OF
BY ADDING 15.66
TY FACILITI
BY THE LOB1 CITY COUNCIL AS F
SECTION ? . uild~ngs and Construction," of the Lodi Municipal Code is
hereby amended by adding thereto C~apter 15.66 reiating to the establishment of
County Facilities Fees and shall read as follows:
6 ~ COUNTY FAClLlTl~~ FEES
S~CTION~
15.66.01 0
15.66.020
15.66.030
15.66.040
15.66.050
15.66.060
15.66.0~0
15.66.080
15.66.0~0
15.66.100
15.66.1 10
15.66.120
15.66.1 40
15.66.1 50
15.66.160
15.66.01 0
A.
B.
C.
eclaration of Intent
Au~hori~y for Adoption
ions far CoJl~c~io~
eimbur5ement
Con5truction
everability Cisuse
unset Prov~~ion
PU~POSE, FlNDl
In order to implem als and objectives of the General Plan and to
m~tigat~ impa~ts new d~velopment within the County of San
~oaquin, a Coun ies Fee Program is necessary. The program is
needed to financ serving Capital Facilities located throughout the
County that are used by the residents and bu5inesses within the City and
to assure that new development pays its proportional share for these
improvements.
AND DECLARATION OF INTENT
coll~cted pursuant to this ordinance shall be remitted to the
n Joaquin who shall be responsibie for administering the fee
funds and construc~in the Capital Facilities.
Title 7, Division 1, Cha~t~r 5, Section 66000 et seq. of the California
de provides that Capitai Facili~ies Fees may be enacted
and i~posed on deveiopmen~ projects. The City Council finds and
determines that:
1
(1) New development projects cause the need for construction,
expansion, or improvement of Capital Fac es within the County
of San Joaquin.
Funds for construction, exp nsion, or improvement of Capital
Facilities are not available to accommodate demand for service
caused by development projects; which results in inadequate
(2)
s within San Joaquin County.
D. The City Council finds that the health, safety, peace, morals,
convenience, comfort, prosperity, and general welfare of the residents
and businesses within the City will be promoted by the adoption of County
es Fees for construction, exp~nsion, or impro?ement of region-
se~ing Capital Facilities.
15.66.020 C LL~CTI~N OF CAPITAL FACILITY FEE
cility Fee enacted pursuant to this Chapter are to be collected by
suance of b~ilding permits, or at approval of any discretiona~
rmit is required.
15.66.030 AUTH
er is adopted under the authori~y of Title 7, Ri?ision f , Chapter 5 of the
ent Code Sections 66000 et seq.
Words when used in this Chapter, and in resolutions adopted thereto, shall have
upe~isors” means the Qard of Supervisors of the County of
lity” and capital Facilities” includes region-se~ing public
and community amenities normally provided by the County
”City” means the City of Lodi, a genera^ law city organ~zed and existing
under the ~on~titution and laws of the State of California.
“City Council” means the City Council of the City of Lodi.
~C~unt~ means the County of San Joaquin, a political subdivision of the
State of California.
C.
D.
E.
F. ’ rn~ans any project und~~ak@n for th
~prn~nt Pr~je~~‘’ includes a project
issuance of a permit for con~t~uc~ion or reconstruction, but not a permit to
a~erate.
6. “Fee” means a moneta~ exaction, other than a tax or special
assessment, which is charged by a local a ency to the applicant in
connection with ~pp~ova~ of a development project for the purpose of
efraying all or a portion of the cost of Capital Facilities related to the
evelopment proj
eport” means the San Joaquin County Facility Fee Nexus
ginally p~epared in ~eptember 2003, as may be amended from
time-to-time.
15“66.05~
A. In establishing and imposing a fee as a condition of approval of a
development project, the ~ollowing shall be done:
(1)
(2)
(3)
Identify the purpose of the fee;
ldefi~ify the use to which the fee is to be put;
Retermine how there is a reasonable relationship between the
fee’s use and the type of development project on which the fee is
imposed; and,
Retermine that there is a reasonable relationship between the
need for the Capital Facility and the impacts caused by the type of
develop me^^ project on which the fee is imposed.
(4)
B. The City, before e§tablishing a Capital Facility Fee as a condition of
approval of development projects, shall determine that there is a
reasonable relationship between the amount of the fee and the cost of the
al Facility or po~~on of the Capital Facility attributable to the
opment on which the fee is imposed as documented in the Nexus
C. Upon receipt of funds from the City, derived through this Chapter, the
County shall deposit, invest unt For, and expend the funds pursuant
to California ~overn~en~
15,66.060 CO
A. The County shall report to the City Council once each fiscal year
concerning the fees and accounts, including any portions of fees
nded or uncommi~ed five (5) or more years after
pe~isors shall make findings once each fiscal
portion of the fee remaining unexpended or
uncommitted in its account five (5) or more years after deposit of the fee,
to identify the purpose to which the fee is put, and to demonstrate a
reasonable relationship between the fee and the purpose for which it was
charged.
A refund of unexpended or uncommi~ed fee revenue for which a need
cannot be demonstrated, along with accrued interest may be made to the
current owner~s) of the dev~lopment project(s) on a prorated basis. The
County may refu nexpended and uncommitted fee revenue that have
been found by th ard of Supe~isors to be no longer needed, by direct
payment or by o~-sett~ng other o~li~a~ions owed to the County by the
curr~nt owner(s) of the development projects(s).
B.
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C.
15.66.070
A.
C.
D.
E.
F.
G.
H.
15.66.080
A.
If the administr tive costs of refunding unexpended and uncornmi~ed
~evenues coJlected pursuant to this Chapter exceed the amount to be
refunded~ County, after a public hearing, for which notice has been
published pursuant to ~ove~nment Code Section 6061 and posted in
three prominent piaces within the area of the development project, may
determine that the revenues shall be allocated for some other purpose for
which the fee is colle~ted subject to this Chapter that serves the project
on which the fee was originally imposed.
rior to the issuance of any building permit, the applicant shall pay to the
ity the fee as established by resolution of the City Council.
The fee shall be determined by the fee schedule in effect on the date the
tentative map or ves~ing parcel map is approved, or the date a
~evelopment has multiple types of uses, the fee wiil be collected
o~ionately on each use.
When application is made for a new building permit following the
expiration of a previously issued building permit lor which the fee was
paid, the fee pay shall not be required, unless the fee schedule has
been amended d the interim, in this event, the appropriate increase
or decrease shall be imposed.
In the event that subsequent development occurs with respect to property
for which the fee has been paid, an additional fee shall be required only
for additiona~ square footage of develop men^ that was not included in
co~pu~ing the prior fee.
When a fee IS paid for a development project and that project is
subsequently reduced so that it is entitled to a lower fee, the County shall
issue a partial re~und of the fee.
hen a fee is p~id for a develGp~en~ project and the project is
subsequently abandoned without any fu~her action beyond the obtaining
of a building the payor shall be entitled to a refund of the fee paid,
less the adrn ive portion of the fee.
If a development IS conve~ed to a more intense use, a fee shall be
required which shall be the di~erence between the current fee for the
orig~nai use and the cu~rent fee for the more intense use.
UNTY FACILITI~
The City shall hold fee revenues collected under this ordinance in a
separate ~o~nty F ty Fee account. Fee revenues accruing in this
account shall be remi~ed qua~erly to the County of San Joaquin to be
expend~d for the purpose for which they were col~ected.
4
, The County shall account for all fee revenues, including interest accrued,
and allocate them for the purposes for which the original fee was
imposed.
15.66.090 NATUR~L FEE ~XEMPTI~N
e applied by a local agen~y to the recQnstruction of any residential,
oject that is damaged or destroyed as a result commerciai, or in dust ria^ developm~nt
of a natural disaste~ as declared by the
15.66.100 C~UNTY FA FEE PR~~~AM
A. The County has es Fee Nexus Report that
indicates the appr of availabiii~y, and estimates
of costs for reg s or ~mp~ovements to be
financed with Cou
B. The County shall ity Council regarding
the proposed use
The County Facilities Fee schedule established by Resolution of the City
Co~ncil shall annually be automa~ically adjusted by an amount
determined by the inc~~ase in the Engineeri Construction Cost Index
for the previous year, as published by the gineering News ~ecord.
The County shall pro~ide the City wrth notice and documentation of the
fee adjustments req~i~ed, if any.
The County Fac es Fee schedule adopted by the City Council shall be
annually reviewed by the City for consistency with the County Facilities
Fee Nexus Report, as it may be updated from time-to-time.
C.
D.
15.66.110 0
The adoption of County Fac es Fees is a legislati~e act and shall be enacted
by resolution after a noti
15.66.120 C
public hearing before the City Council.
The Chapter and any subsequent amendment to the
efher. ~jth respect to any County Fa
nty Facilities Fee
s Fee enacted by
vision of such a County Facilities Fee which is in
Should any provision of this Chapter or a subsequent amendment to the County
Facilities Fee Pr~gram be held by a court of competent jurisdiction to be invalid, void, or
unenforceabi~, t
Program shall re effect.
' 'ons of this Chapter and the County Fac
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15.66.140 FE
A developer of any p~ojec~ bject to the fee described in this Chapter may apply
to the City Council for reduction o ustment to that fee, or a waiver of that Fee, based
upon the absence of any reasonable ?elationship or nexus b~~een the impacts of the
development and either the amount of the fee charged or the type of facilities to be
financed. The application shall be made in writing and filed with the City Clerk (I) 10
days prior to the public hearing on the development permit application for the project, or
(2) if no d~velopment permit is required~ at the time of the filing of the reques~ for a
building permit. The application shall state in detail the factual basis for the claim of
waiver, ~eduction, or adjustment. City Council shall consider the application at a
public hearing held within sixty days after the filling of the fee adjustment
application. The City shall prepare a staff report and recommendation for City Council
considefa~ion. The decision of the City Council shall be final. If a reduction, adjustment,
or waiver is granted, any change in use within the project shall invalidate the waiver,
adjustment, or reduct~on of the fee.
i5.66.150
Pursuant to Title 14 Cal~ornia Code of Reguia~ions sections 15061 and
15273(4), this ordinance is exemp~ from the California ~nvironmental Quality Act.
This chapter shall no longer be effective or apply and shall be repealed in its
entirety upon termination of the agreem men^ for Property Tax Allocation Upon
Annexation (A-05--*)” between the City of Lodi and the County of §an Joaquin, unless
otherwise extended by resolution of the Lodi City Council.
*To be completed by sfaf~upon the County’s ~doption of the agreement.
. This ordinance is not intended to and shall
r which imposes upon the City, or any officer
care towards persons or property within the
City or outside of the Cily so as to pro~ide a basis of civil liability for damages, except as
otherwise i~posed by law.
SECTION 3. Ali o~dinances and parts of o?dinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4. This ord~nance sh be published one time in the “Lodi News §entinel,” a
daily newspaper of general circ ion prj~~ed and publ~shed in the City of Lodi, and shall
be in force and take effect thirty days from and after its passage and approval.
App~ed this 6‘h day of April, 2005.
City Clerk
6
State of California
County of San Joa~uin, ss.
I, Susan J. lacks st on, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 175 d af a re~ufar meeting of the City Council of the City
of Lodi held March 16, 2005, and was therea~er passed, adopted, and ordered to print
at a regular rn~~~~ng of said ~ouncil held April 6,200~, by the following vote:
AYES: CO~~ Johnson, Mounce, and
eckman
RS - Hitchcock
and signed by the Mayor on the
City Clerk
ARDrOVed as to Form:
City at torn^^
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