HomeMy WebLinkAboutOrdinances - No. 1518ORDINANCE NO. 1518
AN ORDINANCE OF THE LODI CITY COUNCIL ADDING CHAPTER 15.64 TO TITLE 15,
"BUILDINGS AN0 CONSTRUCTION", OF THE LODI MUNICIPAL CODE, TO ESTABLISH
"STORM DRAINAGE IMPACT FEE"; AND AMENDING SECTION 15.44.090, "FEES"
CITY-WIDE DEVELOPMENT IMPACT MITIGATION FEES; REPEALING SECTION 13.12.225,
..................................................................................... .....................................................................................
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1.
Lodi Municipal Code to read as follows:
Chapter 15.64 is added to Title 15, "6uildings and Construction", of the
Section 15.64.010
Section 15.64.020
Section 15.64.030
Section 15.64.040
Section 15.64.050
Section 15.64.060
Section 15.64.070
Section 15.64.080
Section 15.64.090
Section 15.64.100
Section 15.64.110
Section 15.64.120
Section 15.64.130
Section 15.64.140
"CHAPTER 15.64
DEVELOPMENT IMPACT MITIGATION FEES
Findings and Purpose.
Oef ini tions.
Development Impact Funds.
Payment of Fees.
Adoption of Study, Capital Improvement Program and Fees.
Calculation of Fees.
Res i den tial Acre Equi Val en t Factor.
Credit and Reimbursement for Construction of Facilities.
Other Authority.
Findings Regarding Use of Fees.
Fee Exempti ons .
Fee Adjustment or Waiver.
Appeal Procedure.
Severabi 1 i ty
15.64.010 Findings and Purpose.
The Council hereby finds and declares as follows:
A. In order to implement the goals of the City of Lodi's General Plan and to
mitigate the impacts caused by new development in the City of Lodi, certain
public improvements must be or had to be constructed. The City Council hereby
determines that Development Impact Mitigation Fees are needed to finance these
public improvements and to pay for new developments' fair share of the
construction costs of these improvements. In establishing the fees described in
this chapter, the City Council finds the fees to be consistent with its General
Plan and, pursuant to Government Code Section 65913.2, has considered the
effects of the fees with respect to the City's housing needs as established in
the Housing Element of the General Plan.
The purpose of this chapter is to implement the General Plan requirements set
forth in subdivisions A and B of this section and to impose mitigation fees to
fund the ccst of certain facilities and services, the aemand for which is
directly or indirectly generated by the type of new development proposed in the
City of Lodi General Plan, under the authority of:
ti.
the police power of the City granted under Article XI, Section 7, of the
California Constitution;
the provisions c the California Environmental Quality Act, Public ResOurces
Code, Section 21000 et. seq. which in general requires that all developments
mitigate environmental impacts.
the provisions of the California Government Code regarding General Plans at
Section 65300 et. seq. including but not limited to the provisions of
Government Code Section 65400.
C. It is the further purpose of this chapter to require that adequate provisions are made for developer-financed facilities and services within the City of Lodi
city limits as a condition to the approval of new development.
Development Impact Mitigation Fees are hereby established on development in the
City of Lodi.
as described in Section 15.64.030 of this Code.
resolution, set forth the specific amount of the fees; describe the benefit and
impact area on which the fee is imposed; refer to the specific improvements to
be financed, their estimated cost and reasonable relationship between this ,fee
and the various types of new developments; and set forth time for payment.
Adoption of such fee resolutions shall be done in compliance with Government
Code Sections 66016 et. seq..
The specific improvements to be financed by the fee are described in City of
Lodi Development Impact Fee Study prepared for the City of Lodi by Nolte and
Associates and Angus McDonald & Associates, dated August, 1991, a copy of which
is on file with the City Clerk.
findings in the referenced Study.
New development will generate new demand for facilities which must be
accommodated by construction of new or expanded facilities.
demand generated and, therefore, the benefit gained, varies according to kind of
use. Therefore, a "residential acre equivalent" (RAE) factor was developed to
convert the service demand for each General Plan land use into a ratio of the
particular use's rate to the rate associated with a low-density, single-family
dwelling gross acre. The Council finds that the fee per unit of development is
directly proportional to the RAE associated with each particular use.
15.64.020 Definitions.
A.
D.
Development Impact Mitigation Fees shall consist of separate fees
The City Council shal'l, by
E.
The calculation of the fee is based upon, the
F.
The amount of
"Acreage" means the gross acreage for fee calculation purposes of any property
within the City of Lodi General Plan area not including the acreage of dedicated
street right-cf-way existin9 prior to development, except that the area of new
dedicated street right-of-way in excess of 34 feet on one side of a street shall
not be included in the gross acreage.
"Building Permit" means the permit issued or required for the construction,
improvement or remodeling of any structure pursuant to and as defined by the
City of Lodi Building Code.
"Costs" means amounts spent, or authorized to be spent, in connection with the
planning, financing, acquisition and development of a facility or service
including, without limitation, the costs of land, construction, engineering,
administration, and consulting fees.
"Deveiopment" or "Project" means any of the following:
1.
B.
C.
C.
For water, sewer and storm drainage impact fees:
City system or increase in service demand.
any new connection to the
6K!518/TXTA .025
2. For streets imp-ct fees: any project that increases traffic.
3. For police, fire, parks and recreation and general City facilities impact
fees: any project generating new or increased service demand.
E. "Facilities" means those public facilities designated in the City of Lodi
Development Impact Fee Study and as subsequently designated by the City Council.
"Land Use" means the planned use as shown on the General Plan Land Use Map
defined by the following categories based on the designations in the Lodi
General Plan:
1. Low-Density Residential - Single-family detached and attached homes,
secondary residential units, and similar uses not exceeding 7.0 units per gross
acre.
2. Medium-Density Residential - Single Family and Multi-family residential
units and similar uses between 7.1 and 20.0 units per gross acre.
3. High-Density Residential - Nulti-family residential units, group quarters,
and similar uses between 20.1 and 30.0 units per gross acre.
4. East Side Residential - This designation reflects the Lodi City Council's
adoption of Ordinance No. 1409. This designation provides for single-family
detached and attached homes, secondary residential units, and similar uses not
exceeding 7.0 units per gross acre.
5. Planned Residential - Single-family detached and attached homes, secondary
residential units, multi-family residential units, and similar uses and is
applied to largely undeveloped areas in the unincorporated area of the General
Plan. fill development under this designation shall be approved pursuant to a
specific development plan.
planned residential designation shall be replaced with a low, medium, or high
density residential designation, or a public/quasi-public designation based on
its approved use and density.
6. Neighborhood Commercial - Neighborhood and locally-oriented retail and
service uses, public and quasi-public uses, and similar uses with a floor/area
ratio not exceeding 0.40.
7. General Commercial - Land-intensive retail and wholesale commercial uses,
public and quasi-public uses, and similar uses with a floor/area ratio not
exceeding 0.40.
8. Downtown Commercial - Restaurants, retail, service, professional and
administrative offices, hotel and motel uses, and similar uses in the downtown
area of Lodi. For purposes cjf this chapter, development standards and demands
are comparable to Neighborhood Commercial land use.
5. Office - Professional and administrative offices, medical and dental
clinics, laboratories, financial institutions, and similar uses with a
floor/area ratio not exceeding 0.50.
10. Light Industrial - Industrial parks, warehouses, distribution centers, light
manufacturing, and similar uses with a floor/area ratio not exceeding 0.50.
F.
As specific development plans are approved, the
G.
H.
11. Heavy Industrir: - Manufacturing, processing, assembling, research,
wholesale and storage uses, trucking terminals, railroad facilities, and similar
uses with a floor/area ratio not exceeding 0.50.
12. Public/Quasi-Public - Government-owned facilities, public and private
schools, and quasi-public uses such as hospitals and churches with a floor/area
ratio not exceeding 0.50.
factor for these uses shall be determined on a case-by-case basis by the Public
Works Director.
"Program Fee Per Residential Acre Equivalent" means the total program costs, for
a particular category of facility divided by the total number of residential
acre equivalents and adjusted for price changes up to the year of construction
and for the cost of financing, as identified in the City of Lodi Development
Impact Fee Study or subsequent update for that particular category.
"Residential Acre Equivalent Factor" (RAE) is a conversion factor used to
reflect the service demand for each land use, with respect to the same
characteristics for a low-density, single-family detached dwelling unit zoned in
a residential zoning category ("R-LD" low-density) based on the City of Lodi
General Plan.
The appropriate Residential Acre Equivalent (RAE)
15.64.030 Development Impact Funds.
The City Finance Director shall create in the City treasury the following special
interest-bearing trust funds into which all amounts collected under this chapter
shall be deposited.
A. Water Facilities
B. Sewer Facilities
1. General Sewer Faci 1 i ties
2. Kettleman Lane Lift Station
3. Harney Lane Lift Station
4. Cluff Avenue Lift Station
C. Storm Drainage Facilities
D. Street Improvements
E. Police Facilities
F. Fire Facilities
G. Park: and Recreation Faci 1 i ties
H.
The fees shall be expended solely to pay the costs of facilities (including interest
on interfund loans) or to reimburse developers entitled to reimbursement under this chapter. The funds for the categories listed above shall be kept separate.
General City Facilities and Program Administration
For
@ 0
purposes of this chapti' , they are referred to in aggregate as the "Development
Impact Fee Fund".
The City Manager shall have the authority to make loans among the Development Impact
Fee Funds to assure adequate cash flow. Interest charged on each loan shall be the
same as the rate earned on other City funds.
15.64.040 Payment of Fees.
A.
B.
C.
D.
E.
The property owner cf any development project causing impacts to public
facilities shall pay the appropriate Development Mitigation Fee as provided in
this Chapter. The amount shall be calculated in accordance with this Chapter
and the Program Fee per Residential Acre Equivalent as established by Council
Resolution.
When such payment is required by this Chapter, no final subdivision map,
building permit or grading permit shall be approved for property within the City
of Lodi unless the Development Impact Mitigation Fees for that property are paid
or guaranteed as provided herein.
The fees shall be paid before the approval of a final subdivision map, building
permit or grading permit, whichever occurs first except as provided in
Subsection E of this Section.
If a final subdivision map has been issued before the effective date of this
Ordinance, then the fees shall be paid before the issuance of a building permit
or grading permit, whichever comes first.
Where the development project includes the installation of public improvements,
the payment of fees for Police, Fire, Parks and Recreation and General City
Faci1;ties and Program Administration may be deferred and shall be collected
prior to acceptance of the public improvements by the City Council. Payment of
all deferred fees shall be guaranteed by the owner prior to deferral. Such
guarantee shall consist of a surety bond, instrument of credit, cash or other
guarantee approved by the City Attorney.
15.64.050 Adoption of Study, Capital Improvement Program and Fees.
A. The City Council hereby adopts the City of Lodi Development Impact Fee Study
dated August, 1951 and establishes a future Capital Improvement Program
consisting of the projects shown in said study.
that Study annually, or more often if it deems it appropriate, and may amend it
by resolution at its discretion.
B. The City Council shsll include in the City's annual Capital Improvement Program
appropriations from the Development Impact Fee Funds for appropriate projects.
Except for facilities approved by the Public Works Director for construction by
c property owner under Section 15.64.080 or as shown in the annual Capital
Improvement Program, all facilities shall be constructed in accordance with the
schedule established in the Development Impact Fee Study.
The Program Fee per Residential Acre Equivalent (RAE) shall be adopted by
resolution an6 shall be updated annually, or more frequently if directed by the
City Council, by resolution after a noticed public hearing.
shall be based OP 2 report by the Public Works Director including the estimated
cost 6f the public improvements, the continued need for those improvements, and
The City Council shall review
C.
U.
The annual update
the reasonable rela ionship between such need and the impacts of the various
types of development pending or anticipated and for which this fee is charged.
In the absence of substantial changes in the projects or unit prices, the change
in project cost shall be estimated by the change in the Engineering News Record
20 Cities Construction Cost Index.
15.64.060 Calculation of Fees.
The Development Impact Mitigation Fees required under Section 15.64.040 are
calculated as follows:
F = P x RAE
T=AxF
where:
A = acreage, computed to the nearest 0.01 acre;
F = fee per acre per land use category per the definitions in this Chapter,
rounded to the nearest $10;
P = program fee per residential acre equivalent as established by Resolution; and
RAE = the residential acre equivalent (RAE) factor for the appropriate land use
T = the total mitigation fee for each category of public facility.
The calculated fees are subject to adjustment per section 15.64.120 of this Code.
category (see Section 15.64.070);
15.64.070 Residential Acre Equivalent Factor.
A. The residential acre equivalent factor is based on the Development Impact Fee
Study.
The residential acre equivalent (RAE) factors are as follows: B.
Land Use Categories
High knsity
East Side Residential
WED RESIDENTIPL
La4 tkus’ ty
&dim knsi ty
High Density
Water
RAE
1.00
1.96
3.49
1.0
1.0
1.96
3.49
0.64
Sewer
RAE
1.00
1.96
3.49
1.00
1.00
1.96
3.49
0.94
Storm
Draimge Streets
RAE RAE
1.00 1.00
1.00 1.96
1.00 3.05
1.0 1.00
1.03 1.00
1.00 1.96
1.00 3.05
1.33 1.90
Pol ice
RAE
1 .00
1.77
4.72
1.09
1 .00
1.77
4.72
4.28
Fire
RAE
1.00
1.96
4.32
1.10
1.00
1.96
4.32
2.77
Parks & General City
Recreation Facilities
RAE RAE
1 .oo 1.00
1.43 1.43
2.80 2.80
1.10 1.10
1.00 1.03
1.43 1.43
2.80 2.80
0.32 0.89
General Camercial L 41 0.94 1.33 3.82 2.59 1.93 0.32
bmtmn Carmenial 0.64 0.94 1.33 1.90 4.28 2.n 0.32
Office Cnmrcial 0.64 0.94 1.33 3.27 3.72 2.46 0.54
INWSTRIAL
Light Industrial 0.26 0.42 1.33 2.00 0.30 0.64 0.23
Heavy Industrial 0.26 0.42 1.33 1.27 0.19 0.61 0.33
0.89
0.89
1.53
0.64 0.93
15.6a.080 Credit and Reimbursement for Construction of Facilities
A. Construction of Facilities in Program Year
1.
certain facilities specified in the Development Impact Fee Study, or portions
thereof, at the time and as designated in the Study, in lieu of all, or a
portion of, the fee required by this chapter. The owner is entitled to a credit
if the owner:
cash or other means approved by the Council, or (3) a combination of the above.
The credit to be provided to the property owner shall be determined by the
Public Works Director based on prevailing construction costs plus 10% for
engineering and administration and shall be approved by the Council. The
construction of a facility authorized by this section must consist of a usable
facility or segment and be approved by the City and constructed in accordance
with the City of Lodi's Public Improvement Design Standards.
must post a bond or other security in a form acceptable to the Director for the
complete performance of the construction before credit is given.
2. If the amount of the credit is less than the amount of the otherwise
applicable fee, the property owner shall pay the amount which, when added to the
credit received for the construction of facilities, equals the fee obligation.
2. If the amount of the credit is greater than the amount of the otherwise
spplicable mitigation fee, the property owner shall be paid the difference only
from the appropriate Development Impact Fee Fund, after the project is accepted
by the City, and at the end of the year in which the project is planned to be
completed under the Study.
Construction of Facilities Prior to Program Year
1. If the construction described in subsection A occurs before the fiscal year
for which construction is scheduled under the Study, the property owner shall
receive no immediate credit against the applicable fee.
shall be reimbursed from the appropriate Development Impact Fee fund at the end
of the year in which the project is planned under the Study Program Year.
reimbursable amount shall be the estimated cost of the facility as determined in
sub-section A.l. With specific approval of the Council, reimbursement may occur
after the year in which the project is piar,ned, if in the opinion of the Public
Norks Director, the delay is necessary to assure the orderly implementation of
the City Capital Improvement Program.
2. To implement this subsection B.l, the property owner and the City shall
;irst enter into a reimbursement agreement.
igreement shali provide that:
The Public Works Oirector may direct or authorize the owner to construct
(1) constructs the improvements, (2) finances an improvement by
The property owner
B.
The property owner
The
Ir, addition to its other terms, the
(a) the genera, fund of the City is not liable for payment of any
obligations arising from the agreement;
(b) the credit or taxing power of the City is not pledged for the payment of
any obligations arising from the agreement;
(c) the land owner shall not compel the exercise of the City taxing
power or the forfeiture of any of its property to satisfy any
obligations arising from the agreement;
(d) the obligation arising from the agreement is not a debt of the City, nor
a legal or equitable pledge, charge, lien, or encumbrance, upon any of
its property, or upon any of its income, receipts, or revenues, and is
payable only from the fees deposited in the appropriate City of Lodi
Development Impact Fee Fund;
(e) the reimbursable amount shall be increased annually to include an amount
attributable to interest. This amount shall be based on the change in
the Engineering News Record 20 Cities Construction Cost Index from the
January 1 index of the year of construction to the January 1 index of
the year of reimbursement.
15.64.090 Other Authority.
A. This chapter is intended to establish a supplemental method for funding the cost
of certain facilities and services, the demand for which will be generated by
the level and type of development proposed in the Lodi General Plan. The
provisions of this chapter shall not be construed to limit the power of the City
Council to impose any other fees or exactions or to continue to impose existing
ones on development within the City of Lodi, but shall be in addition to any
other requirements which the City Council is authorized to impose, or has
previously imposed, as a condition of approving a plan, rezoning or other
entitlement within the City of Lodi. In particular, individual property owners
shall remain obligated to fund, construct, and/or dedicate the improvements,
public facilities and other exactions required by, but not limited to, the City
of Lodi Municipal Code, Public Improvement Design Standards and other applicable
documents.
include the funding, construction, or dedications described in this subsection.
Any credits or reimbursements under Section 15.64.080 shall not
15.64.100
A.
Findings Regarding Use of Fees.
As required under Government Code Section 66001(d), the City shall make findings
once each fiscal year with respect to any portion of the fee remaining
unexpended or uncommitted in its account five or more years after deposit of the
fee, to identify the purpose to which the fee is to be put and demonstrate a
reasonable relationship between the fee and the purpose for which it was charged.
As required under Government Code Section 66001(e), the City shall refund to the
current record owner on a prorated basis the unexpended or uncommitted portion
of the fee, and any interest accrued thereon, for which need cannot be
established.
B.
15.64.11G Fee Exemptions.
The following developments are exempt from payment of fees described in this chapter:
A. City of Lodi projects;
B. Projects constructed or financed under this chapter;
C. Reconstruction of, r residential additions to singie-family dwellings, but not
including additionai dwelling units;
Property which has paid a Master Storm Drain fee pursuant to Resolution 3618 or
Ordinance 1440 is exempt from payment of the Storm Drainage Impact Fee except
for changes in land use as described in the Fee resolution.
D.
15.64.120 Fee Adjustment or Waiver.
A. The owner of a project subject to a fee under this chapter may apply to the
Public Works Director for an adjustment to or waiver of that fee. The waiver of
this fee shall be based upon the absence of any reasonable relationship between
the impact on public facilities of that development and either the amount of fee
charged or the type of facilities to be financed.
The application for adjustment or waiver shall be made in writing and filed with
the City Clerk no later than ten days after formal notification of the fee to be
charged. The application shall state in detail the factual basis and legal
theory for the claim of adjustment or waiver.
B.
C. It is the intent of this chapter that:
1. The land use categories are based on General Plan designations which are an
average of a wide range of specific land uses; thus substantial variation
must be shown in order to justify a fee adjustment,
The Public Works Director may calculate a fee and/or require additional
improvements where the service demand of a particular land use exceeds the
standards shown in the definitions or used in determining the improvements
needed under the fee program,
3. The fee categories shall be considered individually; thus it may occur that
a fee adjustment or waiver is made in one category and not another, and
Where improvements providing capacity for the subject parcel have already
been constructed, a downward adjustment of the fee is not appropriate.
2.
4.
D. The Public Works Director shall consider the application at an informal hearing
held within 60 days after the filing of the fee adjustment or waiver
application.
to Section 15.64.130.
The applicant bears the burden of proof in presenting substantial evidence to
support the application.
factors in its determination whether or not to approve a fee adjustment or
waiver:
1. The factors identified in Government Code Section 66001:
The decision of the Public Works Director is appealable pursuant
E.
The Public Works Director shall consider the following
The purpose and proposed uses of the fee;
' The type of development;
The relationship between the fee's use and type of development;
' The need for the improvements and the type of development; and
The amount 0: the fee and the portion of it attributable to the
development; and
2. The substance and nature of the evidence including the Development Impact
Fee Study and the applicant's technical data supporting its request. The
applicant must present comparable technical information to show that the fee
is inappropriate for the particular development.
15.64.130 Appeal Procedure.
A.
B.
C.
D.
E.
F.
The Public Works Director is responsible for administering, collecting,
crediting, adjusting, and refunding development fees. A decision by the Public
Works Director regat-ding a fee imposed under this chapter is appealable in
accordance with this section. A person seeking judicial review shall first seek
an appeal hearing under this section.
A person appealing a decision under this chapter shall file a request with the
Public Works Oirectcr who is responsible for processing the appeal. The appeal
shall be in writing, stating the factual and legal grounds, and shall be filed
within ten calendar days following the decision of the Public Works Director
being appealed.
The Public Works Director shall notify the City Manager of the appeal.
Manager shall set the matter for hearing before the City Council and notify the
person appealing in writing of the time and place.
The City Council shall conduct the hearing, prepare written findings of fact and
a written decision on the matter, and shall preserve the complete administrative
record of the proceeding. The Council shall consider all relevant evidence
presented by the appellant, the Public Works Director or other interested party.
The decision of the City Council is finai; it is reviewable by a court under
Code of Civil Procedure Section 1094.5.
The City of Lodi hereby adopts Code of Civil Procedure Section 1094.6 for the
purposes of judicial review under this section.
decision under this Chapter shall be filed not later than the 90th day following
the date on which the decision of the hearing officer becomes final."
The City
A petition seeking review of a
15.64.140 SEVERABILITY
If any provision or clause of this Ordinance or the application thereof to any
person or circumstances is held to be unconstitutional or to be otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other
Ordinance provisions or clauses or applications thereof which can be implemented
without the invalid provision or clause or application, and to this end the
previsions and clauses of this Ordinance are declared to be severable.
SECTION 2.
SECTION 3. Amendment. Section 15.44.090 "Fees" is amended to read:
"The then-current applicable development fees must be paid prior to the issuance of
a building permit, or allowing the development to proceed, including:
A. Development Impact Mitigation Fees
ti. Wastewater Connection Fee
Repeal. Section 13.12.225 "Storm Drainage Impact Fee" is repealed.
C. Engineering Fee
0. Other established development fees and fees for service."
SECTION 4. Effective Date. This ordinance takes effect 60 days after its
adoption. For purposes of this Chapter, building permit applications accepted and
deemed complete prior to the effective date shall not be subject to the Ordinance.
SECTION 5. Publication. The City Clerk shall either: (a) have this ordinance
published once within 15 days after adoption in a newspaper of general circulation,
or (b) have a sumnary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after its
adoption.
Mayor
ATTEST :
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. 1518 was introduced at a regular meeting of the City Council of the
City of Lodi held August 21, 1991 and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held September 4, 1991 by the following
vote:
Ayes :
Noes: Council Members - Pinkerton
Absent: Council Members - None
Abstain: Council Members - None
Council Members - Pennino, Sieglock, Snider and Hinchman (Mayor)
I further certify that Ordinance No. 1518 was approved and signed by the Mayor on
the date of its passage and the same has been published pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to form:
City Attorney
ORD1518/TXTA.023