HomeMy WebLinkAboutOrdinances - No. 17671 5.65.010 purpose^ Findings, and ~eclaration of Intent
A.
8.
D
In order to implement the oak and o~jectives of the general plan and to m’
caused by new developm t with the County of San Joaquin, a ~egional
Impact Fee Program IS necessary. The program is needed to finance regional
transpo~ation and transit improvements.
~ubstantial population and employment gro~h is expected in San Joaqui
2025 and beyond. This gro~h will cause impacts on the ~egional Trans
egianal Tran~po~ation Network or “ TIF Ne~ork) including increas
related impacts unless substan~ial improvemen~s are comple~ed.
Transpo~ation l~p~ct Fee ~rogram (“‘RTIF Program”) is intended to impo
funding for ~ranspo~a~ion and transit imp~ove~ents that help ~itigate these impacts.
auR~~ will be ~ubject to the fee which will be p
nal ~ranspo~ation Network by such new develo
The fund in^ deri~ed from the RTIF Program shall be used in combination with other funding
available to comple~e the n~e~ed transpo~a~ion and transit improvements. In the absence
of an RTIF ~rogram, existing fundi sources, including federal, State, and local sources,
will be ~nadequate to con~truct the gional Transpo~ation Network required to avoid the
unaccep~abl~ levels of traffic con and related adverse impacts.
1 11512006
“Pro~ec~ means any project ~ndertaken for the purpose of
ssuance of a permit for ~onsttuction or reconstru~ion, but not a
that proposes manufacturing,
e RTIF Land Use Fee cat ego^
n ~uthori~y Local Transporta~ion ees and ~ro~h Ma~agemen~
actions and use tax, as may be
nits within one or more
~rn~n~s as Jdent~fied in t
d each of the cities si~uate~ in
IF Program Fee by ordinance
Fee” or “RTIF Fee” means
he RTIF Program and the
highways and a~erlals as
ded from time to time by
1st” IS the RTlF Program
61s Report” means the report adopted by SJCOG annually which
pita1 ~roj~6ts as amended from time to lime by SJCOG.
n of the RTlF
from time to time by the parties thereto.
' means the San ~oa~uin County Regional T
ated ~c~obe~ 27, 2005, and prepafed p
00 et seq., the Mitigation Fee Act.
N. residential ~we~l~ng Unit" Means
occupancy by one
welling Unit" sha!l n
building or portion thereof which is desi
mily including sin~le-family and mul~i~fa
nciude hotels or motels.
0. '~Retai! Project" means any evelopment Project that retailing merchand~
without tran~forMation~ and render~ng s@~ices incidental to the sale of
fixed point of sale as identi~ied in the RTIF Land Use Fee cat ego^ Summ
P. "Single-Family
unit as iden~ifie
1 Unit" means the use of a parcel for only one resid
IF Land Use Fee ate go^ summa^.
15.65.030 A~thority for Adoption
This chapter is ~dopted under the authori~y of Title 7, Division 1 Chapte~ 5 of
rd. 1758 5 I (part), 2005).
The Public Works Directo~, or hidhe
T!F Program Fee and make all d
. Payment of the RTIF P~ogram Fees shall be a
rograrn Fees shall be paid at the time of issuance of a
lopment Project, or as othe~ise required or permitt
overnment Code sec~ion
2. The mount of the TIF ~~ograrn Fees shall be the fe amo~nts in affe
time of ~ayment.
6. othe~ise expressly provi er shall be payable by:
1. All ~ev@lopmen~ Proiects within the City for which ~~ilding per~its or other
ments for ~evelopment rojects are issued on or after the effecliv
2. All ~evelopment Projects within the City for which building permits or other
~ntitl0ments for ~eve!opment Projects were issued prior to the effective date of
rdinance and which permits or entitlements were issued subject to a
condi~ion re~uiring the deve!oper to pay a RTIF Program Fee to be imposed
upon such ~0velopMent Project within the City.
. The following develop men^ Prolects shall not be
and/or recons~ru~tion of any legal, residential st~ucture and/or
of a ~~eviously existi~g legal dwelling unit, including an
unit that does not create an addit~ona~ dwelling
lj~~~ion andor reconstruction of any non-residential structure where
net increase in square footage. Any increase in square footage shall
fee rate for that po~ion of squ~re footage that is
application for a vesting tentative rn
tive date of the int~oduction of this Ordinance.
I1 future development agreements e
require the full payment of the RTIF
ilding or structure as identified in the building
~yrnen~ for mixed use p . For mixed land use projects, which are projects that
have both re~identi non-residential uses, the amount of the fee imposed on
the entire ~evel5pmen~ Pr~]~ct shall be pro~5~ionaliy determine^ based on the
f~llow~ng:
(a) The fee associated with the type of resi
{b) The p~e~~~i~~n~ use of the non-residential portion of the project
F. . In the event that RTlF Program Fees have previously
which is a new ~evelopment Project with a new or
reviously paid RTIF Program Fees for that existing
building shall be c~edited a~aiRst the amount of the RTIF Program Fee a~ributable to the
new Develo~~ent Project, up to the amount of the previously paid RTlF Program Fee. A
rebate will not be gran if the change in land use re~r~sents a lower fee.
In the event that RTIF Capital Projects are constructed by a
velopment Project’s RTlF Program Fee obliga~ion or in lieu of
TIF ~rogram Fees by a
developer and the City, the developer for any costs based on the actual cost
loper pursuant to an
e reimbursed or
nstruction of the
amoun~ the RTIF ~rogram Fees that
The amount of the
provisions of this ordinanc
solution of the City Council.
m Fee shall be automatically
ear (July 7) based on the En
20 Cities ~On§t~~CtlOR Cost Index.
15.~~.~~0 Administration of the
. RTIF account or RflF funds collected ~~rsuant to the
fund and shall not be co
be designated solely for th
ects included in the RTIF
ative costs. Any interest income
fund shall also be deposited therein and shall only be expended for t
No~i~hstanding subsection (b)(f
I1 be no inte~und ttansfer, grant,
F account lo other City accounts,
loans, grants, or transfers of RTIF
provided that such fu
TIF ~rogra~ and used for the develop men^ or construction of
1 ~.~~.~70 xi st in^ City of Lodi ~evelopment Impact Mitigation Fee Program
A. The City of bodi ~evelopment Impact Mitigation Fee program pur~uant to
Title 15 Chapt~r 15.64 shall be adjusted on any future projects that are
al Code
d in the
roject List to ensure continued compliance with the Fee Miti~ation Act
This ordinance is not intended to and shall not be
ich imposes upon the City, or any officer or
. If any one or more of the terms, provisions, or sections of this
nt be j~dged jnvaljd, unenforceable, and/or avoidable for any reason
whatsoever by a court of competent juri~diction, then each and all of the remaini
~rovisions, and sections of this Ordin~nce shall not be affected thereby and shall be
enforceable.
ection 4. All ordinances and parts of ord~nanc~s in conflict herewi~h are repea~ed insofar
as such conflict may exist.
hall be published one time in the "Lodi News-Sentinel," a daily
printed and p~blished in the City of Lodi with the names of the
t same and shall be in force and take effect 30 days from and
Approved this 4'h day of January, 2006.
Mayor
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.___.., assed, adopted aid ordered to print ar 8 regular nreeting of said
?r\l wv-d huld .lani i;irv 4 2066. bv the foilowino Vote: -
en, Johnson, ounce, and
City Clerk
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