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HomeMy WebLinkAboutOrdinances - No. 1440ORDINANCE NO. 1440 AN ORDINANCE OF THE LODI CITY COUNCIL ESTABLISHING A STORM DRAINAGE FEE FOR DEVELOPMENTS WITHIN THE CITY OF LODI BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. PURPOSE. In order to implement the goals and objectives of the City of Lodi's General Plan, and to mitigate the impacts upon the drainage system of the City caused by future development, certain public drainage improvements or facilities must be or have been required to be constructed. The Lodi City Council has determined that a development impact fee is necessary and appropriate in order to finance these public drainage improvements and to pay for each development's fair share of the construction costs of such improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan, and pursuant to Government Code 365913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. The City Council also finds that the City's storm drain system, which consists of an interconnected network of pumping stations, retention basins and trunk lines has been planned as a unified system and constructed in stages since 1963 using a combination of funding sources including a Master Storm Drain Fee. The City Council finds that it is in the best interest of the entire City that properties that are to be developed pay the cost of additional storm drain facilities in accordance with the Storm Drain Master Plan so said costs will not become a burden on City taxpayers. - 1- SECTION 2. ESTABLISHMENT OF THE STORM DRAINAGE FEE There is hereby established, upon issuance of all building, use or occupancy permits and subdivision maps for development in the City of Lodi, a Storm Drainage Fee. This fee is established to City Council shall, in a Counc public hearing, set forth the pay for public drainage improvements. 1 resolution adopted after a duly not specific amount of the fee, describe The ced the benefit, list the specific municipally-owned improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments, and set forth the time for payment. As described in the fee resolution, this development fee shall be paid by each developer as specified in Government Code 553077.5, referring to time of collection. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public drainage facilities are still needed. Said Resolution and associated studies shall be available to the general public for a period of at least fourteen days prior to the public hearing . SECTION 3. LIMITED USE OF FEE REVENUES. The revenues raised by payment of these fees shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to: -2- Pay for the City's future construction of drainage facilities described in the resolutions enacted pursuant to Section 2 above, or to reimburse the City for those described or 1 is ted faci 1 i ties constructed by the City wi th funds advanced by the City from other sources, or; Reimburse developers who have been required or permitted by Section 4 hereunder to install such listed facilities which are oversized, with supplemental size, length, or capacity. To pay for and/or reimburse costs of program development and ongoing administration of the fee program for such public facilities. SECTION 4. DEVELOPER CONSTRUCTION OF FACILITIES. Whenever a developer is required, as a condition of approval of a subdivision map or development permit, to construct a public drainage facility described in a resolution adopted pursuant to Section 2 above, which facility is determined by the City to have supplemental size, length, or capacity over that needed for the impacts of that development, and when such construction is necessary to insure efficient and timely construction of the facility's network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this ordinance on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the burdens created by the development. -3- SECTION 5. APPEALS Any appeal from the imposition of fees under this ord done in substantial conformance with the procedures found in Code 3 13.12.590. nance shall be Lodi Municipal SECTION 6. EFFECTIVE DATE OF FEE This ordinance was adopted at a noticed public hearing, at which time the City Council also considered the initial development impact fee resolution. This fee shall apply to the issuance of any building, use or occupancy permit, or for any development approval issued after thirty days following this ordinance's passage. SECTION 7. PUBLICATION This ordinance shall be published once within fifteen days of its adoption in the "Lodi News Sentinel", a daily newspaper of general circulation printed ,and published in the City of Lodi. dopted this 16th day o@ovember, 1988 -~ Attest: City Clerk -4- 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. 1440 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 1988 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held November 16, 1988 by the following vote: Ayes: Council Members - Hinchman, Olson, Reid, Snider and Pinkerton (Mayor) Noes: Council Members - None Absent : Council Members - None Abstain : Council Members - None I further certif.v. that Ordinance No. 1440 roved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Lk!&h ALICE M. R IMCHE City Clerk Approved as to Form BOBBY e3J W. McNATT 42* City Attorney ra s -5-