HomeMy WebLinkAboutOrdinances - No. 1526ORDINANCE NO. 1526
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 15.64 is hereby amended by
adding a new subsection G to Section 15.64.010 as follows:
15.64.010 Findings and Purpose.
"G. The City has previously approved various development projects
which have made significant financial expenditures towards
completion, including the payment of the then current development
impact mitigation fees; but have not obtained a building permit.
The City Council finds and declares that such projects should be
allowed to proceed without the imposition of new development
impact mitigation fees imposed under this chapter."
SECTION 2. Lodi Municipal Code Section 15.64.040(0) is hereby
amended to read as follows:
"If a final subdivision map has been obtained before the
effective date of this ordinance, then the fees shall be paid
before issuance of a building permit or grading permit, whichever
comes first, except as exempted under Section 15.64.110 of this
chapter . "
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SECTION 3. Lodi Municipal Code Chapter 15.64 is hereby amended by
adding a new subsection E to Section 15.64.110 as follows:
15.64.110 Fee Exemptions.
"E. Additional exemption for development projects in progress:
1. A project on a parcel (or portion of a parcel) which has, on
the effective date this ordinance, received the appropriate
development approval, but has not obtained a building permit and
has paid appropriate mitigation fees under Resolution 3618 or
Ordinance 1440, shall be exempt from imposition of the
development impact mitigation fees imposed under this chapter
except the Sewer Lift Station area fees.
2. For purposes of this subsection, "appropriate development
approval" shall include:
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an approved or conditionally approved tentative map;
an approved final subdivision or parcel map;
an approved use permit when no map was required;
an approved public improvement agreement.
3. The exemption under this subsection shall not apply to
changes in land use, pursuant to subsection (0) for Storm
Drainage Impact Fees.
4. The exemption under this subsection shall apply on projects
which include a change in land use to a more intensive use as
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defined in this chapter only to the extent that the previously
approved land use shall be considered an existing use and the
project shall be charged the appropriate incremental increase as
provided in this chapter and the fee resolution.
SECTION 4. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 5. Findings.
The Lodi City Council hereby finds and declares that it is
appropriate to adopt this ordinance as an urgency measure in order to
protect the public health, safety or welfare. This finding is based on
the following facts:
1. Ordinance 1518 which this ordinance amends is scheduled to become
effective on November 5, 1991.
2. If this ordinance is not adopted as an urgency ordinance, project
applications filed between November 5, 1991 and the effective
date of this ordinance would pay one set of fees and those filed
afterwards another amount.
3. This situation would materially interfere with the City’s ability
to plan, construct and pay for the public improvements described
in this chapter.
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SECTION 6. The public health, safety or welfare require that this
ordinance be adopted as an urgency measure.
SECTION 7. This urgency 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 be in force and take effect
on November 5, 1991.
Approved this 16th day of October 1991
Attest:
MAYOR
/l/&y, $ , $-: .+.(~>,P~.L . /.
ALICE M. REIdCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1526 was adopted as an urgency ordinance at a
regular meeting of the City Council of the City of Lodi held October
16, 1991 and was thereafter passed, adopted and ordered to print by the
following vote:
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Aye :
Noes:
Absent :
Abs tai n
e
C incil Memb rs - Pennino, Pinkerton, Sieglock,
Hinchman (Mayor)
Council Members - None
Council Members - None
Council Members - Snider
d
I further certify that Ordinance No. 1526 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
G::, 119 ,$??,&L
ALICE M. RE MCHE
City Clerk
Approved as to Form
BOBBY W. McNATT
City Attorney
ORD1526/TXTA.O2J
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