HomeMy WebLinkAboutOrdinances - No. 1832ORDINANCE NO. 1832
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl
AMENDING LODl MUNICIPAL CODE TITLE 15 - BUILDINGS AND
CONSTRUCTION - CHAPTER 15.64, “DEVELOPMENT IMPACT
MITIGATION FEES,” BY REPEALING AND REENACTING SECTION
15.64.040 RELATING TO THE TIMING OF THE COLLECTION OF IMPACT
FEES DURING THE PERIOD JULY 1 , 2010 THROUGH JUNE 30,2013 ...................................................................... _--------__________---------------------------------------------------
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
Section 1. Lodi Municipal Code Title 15 - Buildings and Construction - Chapter 15.64 is
hereby amended by repealing and reenacting Section 15.64.040 and shall read as follows:
15.64.040 Payment of Fees [Inoperative July 1, 2010 -June 30, 20131.
A. The property owner of 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 as
established by council resolution.
B. When such payment is required by this chapter, no building permit or site
development permit shall be approved for property within the city unless the development
impact mitigation fees for that property are paid or guaranteed as provided in this chapter.
C. The fees shall be paid with the approval of a final subdivision map, building permit or
site development permit, whichever occurs first except as provided in subsection (E) or (F) of
this section.
D. If a final subdivision map has been issued before the effective date of the ordinance
codified in this chapter, then the fees shall be paid before the issuance of a building permit
or grading permit, whichever comes first except as exempted under Section 15.64.1 10 of
this chapter.
E. Where the development project includes the installation of public improvements, the
payment of fees established by this chapter 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.
F.
or development agreement approved by the city council.
The fees may not be prepaid unless specified otherwise in a fee payment agreement
G. Notwithstanding the above, the city may collect subsequent increases in impact fees
or new impact fees, unless the development project is exempt from fee increases under the
terms of a fee payment agreement approved by council, a development agreement
approved by council or California law.
H. This Section 15.64.040 shall become inoperative as of July 1 , 201 0 and shall remain
inoperative through June 30,2013, unless prior to July 1 , 201 3, the Lodi City Council enacts
an ordinance deleting or extending the dates of inoperability or repealing this Section
15.64.040 in its entirety.
15.64.040 Payment of Fees [Effective July 1, 2010 through June 30,20131.
A. The property owner of 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 as established by
Council resolution.
B. When such payment is required by this Chapter, no Certificate of Occupancy or site
development permit shall be approved for property within the City unless the development
impact mitigation fees for that property are paid or guaranteed as provided in this chapter.
C. The fees shall be paid with the approval of a Certificate of Occupancy or Site
Development Permit, except as provided in subsection (E) or (F) of this section.
D. Where the development project includes the installation of public improvements, the
payment of fees established by this Chapter 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.
E.
development agreement approved by the City Council.
The fees may not be prepaid unless specified otherwise in a fee payment agreement or
F. Notwithstanding the above, City may collect subsequent increases in impact fees or
new impact fees, unless the development project is exempt from fee increases under the
terms of a Fee Payment Agreement approved by Council, a Development Agreement
approved by Council or California law.
G. This Section 15.64.040 shall become operative as of July 1, 2010 and shall remain in
effect until June 30,201 3, at which date it shall be repealed in its entirety, unless otherwise
extended by an enacted ordinance of the Lodi City Council.
Section 2. This ordinance is not intended to and shall not be construed or given effect in
a manner which imposes upon the City, or any officer or employee thereof, a mandatoryduty
of care towards persons or property within the City or outside of the City so as to provide a
basis of civil liability for damages, except as otherwise imposed by law.
Section 3.
insofar as such conflict may exist.
All ordinances and parts of ordinances in conflict herewith are repealed
Section 4. This 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 30 days from and after its passage and approval.
Attest: Approved this 1 6‘h day of June, 201 0.
I
Phil Katzakian
City Clerk Mayor
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1832
was introduced at a regular meeting of the City Council of the City of Lodi held June 2,2010,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held June 16,201 0, by the following vote:
COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, and Mounce AYES:
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Mayor Katzakian
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1832 was approved and signed by the Mayor of
the date of its passage and the same has been published pursuant to law.
&z- City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
h
B
Deputy City Attorney
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