HomeMy WebLinkAboutOrdinances - No. 1870ORDINANCE NO. 1870
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL
CODE CHAPTER 13.08 — WATER SERVICE — BY REPEALING AND
REENACTING SECTION 13.08.130, "OVERSIZED MAINS"; AMENDING
CHAPTER 13.12 — SEWER SERVICE — BY REPEALING AND REENACTING
SECTION 13.12.180, "DOMESTIC SYSTEM SERVICE CHARGES"; ADDING
SECTION 13.12.181, "DOMESTIC SEWER SERVICE CHARGES (METERED
ACCOUNTS)"; AND REPEALING AND REENACTING SECTION 13.12.190,
"DOMESTIC SYSTEM CAPACITY OR IMPACT FEES"; REPEALING AND
REENACTING SECTION 13.12.370, "REIMBURSEMENT — OVERSIZE MAINS";
REPEALING AND REENACTING CHAPTER 15.64 — DEVELOPMENT IMPACT
MITIGATION FEES — IN ITS ENTIRETY; AMENDING CHAPTER 16.24 —
IMPROVEMENTS — BY REPEALING AND REENACTING SECTION 16.24.040,
"STREETS"; AND FURTHER AMENDING CHAPTER 16.40 —
REIMBURSEMENTS FOR CONSTRUCTION — BY REPEALING AND
REENACTING SECTIONS 16.40.010, "FINDINGS AND PURPOSE," AND
16.40.020, "IMPROVEMENTS TO BE REIMBURSED"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.08 — Water Service — is hereby amended by
repealing and reenacting Section 13.08.130, "Oversized Mains," in its entirety and shall
read as follows:
13.08.130 - Oversized Mains.
Whenever the city requires that a water main larger than eight inches in diameter be
installed in order to serve additional property or to conform to the water master plan, the
applicant may apply for reimbursement from the benefiting properties that are served by the
oversized pipe. A reimbursement application for the difference in cost between the actual water
main to be constructed and an eight -inch diameter water main may be obtained through the city.
The reimbursement shall be made in accordance with Chapter 16.40 of this code.
SECTION 2. Lodi Municipal Code Chapter 13.12 — Sewer Service — is hereby amended
by repealing and reenacting Section 13.12.180, "Domestic System Service Charges," in
its entirety and shall read as follows:
13.12.180 - Domestic Sewer Service Charges (Un -Metered Accounts).
A. Basis. Charges for use of the domestic system shall be determined by the volume, BOD,
and SS of wastes discharged. In addition, charges for preparation and maintaining the sewer
master plan, expansion of the public works administration building, and expansion of the public
works storage facilities are allocated based upon volume, BOD, and SS.
B. Applicability. Those residential, commercial and industrial users whose discharge of
wastes classify them as a moderate -strength user and those dischargers of industrial and
commercial wastes that classify them as high-strength users shall pay charges as determined in
this section. Determination of the category for each specific user shall be made by the public
works director.
Page 1 of 16
C. Moderate -Strength Users. All moderate -strength un -metered users shall be assigned
sewage service units. The minimum sewage service units assigned to any commercial and
industrial user shall be 0.67 unit. Service charges for moderate -strength users shall be
determined by multiplying the cost of one sewage service unit by the number of sewage service
units assigned to each user.
1. Residential user sewage service units shall be based upon the number of bedrooms per
dwelling unit as follows:
Number of Bedrooms
Sewage Service Units
1.
0.75
2.
1.00
3.
1.25
4.
1.50
5.
1.75
6.
2.00
7.
2.25
2. Commercial and industrial user sewage service charges shall be based on the number
of sewage service units assigned to each user. The unit of measure for determining the number
of sewage service units assigned to each user is as follows:
User Descriptions
Unit of Measure
1.
Meeting place, religious
Each 200 seats
2.
Meeting place, public
Each 100 seats
3.
Hotel, motel without kitchenettes
Each 3 beds
4.
Hotel, motel with kitchenettes
Each unit
5.
Veterinary clinic
Each 4 employees
6.
Post office
Each 15 employees
7.
Funeral parlor
Each 3 employees
8.
Service station with service garages
Each 2.5 pumps
9.
Service station without service garages
Each 7 pumps
10.
Car wash, automatic bay
20 SSU's per bay
11.
Car wash, self serve bays
2 SSU's per bay
12.
School, 8th grade and below
Each 20 students
13.
High school
Each 15 students
14.
Eating place, seating only
Each 10 seats
15.
Eating place, seating and take-out
Each 7 seats
16.
Eating place, "pizza parlor"
Each 35 seats
17.
Eating place, take-out only
Each 5 employees
18.
Lunch truck business
Each 5 employees
Page 2 of 16
19.
Laundry, coin -op., reg. mach.
Each 1.5 machines
20.
Laundry, coin -op., big mach.
Each machine
21.
Comm. laundry and dry cleaning
Each 3 employees
22.
Dentist's office
Each 5 employees
23. Office, store, warehouse manufacturer, doctor's
chiropractor's and X-ray offices
Each 8 employees
24. Grocery store, supermarket (having veg/fruit or
butcher/meat sections)
Each 4 employees
25.
Bar
Each 20 seats
26.
Barber, beauty shop
Each 3 workstations
27.
Hospital, convalescent home
Each 3 beds
28.
Rest and retirement home
Each 3 beds
29.
Mobile home park
Each 1.33 pads
30.
RV dump station
Each station
31.
Industrial Warehousing
Each 25 fixture units
One sewage service unit shall be assigned to each unit of measure. Fees shall be based on a
minimum of 0.67 sewage service unit and tenths of one sewage service units thereafter. At the
discretion of the public works director, a commercial user's service charges and/or capacity fees
may be based on actual sewer discharge flows estimated by use of a water meter or other
appropriate means.
D. High -Strength Users.
1. All high-strength user sewage service charges shall be determined based upon
the actual quantity of flow, BOD, and SS discharged annually.
2. The sewage service charge shall be determined by multiplying the quantity of
discharged flow, BOD, and SS by the cost for each characteristic.
E. Significant Users. All significant users shall be assessed two additional sewage service
units in service charges to cover the city's costs of meeting Federal Pretreatment Program
requirements.
SECTION 3. Lodi Municipal Code Chapter 13.12 — Sewer Service — is hereby amended
by adding Section 13.12.181, "Domestic Sewer Service Charges (Metered Accounts)," as
follows:
13.12.181 - Domestic Sewer Service Charges (Metered Accounts).
A. Basis. Charges for use of the domestic system shall be determined by the volume, BOD,
and SS of wastes discharged. In addition, charges for preparation and maintaining the sewer
master plan, expansion of the public works administration building, and expansion of the public
works storage facilities are allocated based upon volume, BOD, and SS.
B. Applicability. Those residential, commercial and industrial users whose discharge of
wastes classify them as a moderate -strength user and those dischargers of industrial and
commercial wastes that classify them as high-strength users shall pay charges as determined in
Page 3 of 16
this section. Determination of the category for each specific user shall be made by the public
works director.
C. Moderate -Strength Users. All moderate -strength users shall be billed based upon their
average winter water usage to approximate their sewer usage. The monthly sewer bill during
the entire year will be based on the average amount of water consumed during the immediately
preceding rainy season months of December, January and February. As meters are installed in
existing buildings, monthly sewer fees will be converted from the SSU based fees to the
average winter usage rate methodology.
D. High -Strength Users.
1. All high-strength user sewage service charges shall be determined based upon
the actual quantity of flow, BOD, and SS discharged annually.
2. The sewage service charge shall be determined by multiplying the quantity of
discharged flow, BOD, and SS by the cost for each characteristic.
SECTION 4. Lodi Municipal Code Chapter 13.12 — Sewer Service — is hereby amended
by repealing and reenacting Section 13.12.190, "Domestic System Capacity or Impact
Fees," in its entirety and shall read as follows:
13.12.190 - Domestic Sewer System Capacity or Impact Fees.
The capacity fee shall cover the capital cost associated with the POTW capacity and the
planning, financing, acquisition, and development of other services and facilities directly related
to the utilization of capacity by the discharger. Any actual costs incurred by the city in making
the physical connection (tap) shall be separate and in addition to the capacity fee described in
this section.
SECTION 5. Lodi Municipal Code Chapter 13.12 — Sewer Service — is hereby amended
by repealing and reenacting Section 13.12.370, "Reimbursement — Oversize Mains," in its
entirety and shall read as follows:
13.12.370 - Reimbursement - Oversize Mains.
Wherever the city requires that a sewer main larger than ten inches in diameter or a
storm drain larger than eighteen inches in diameter be installed in order to serve additional
property or to conform to the applicable master plan, the applicant may apply for reimbursement
from the additional properties that are served by the oversized pipe. The reimbursement shall
be based on the difference in cost between the actual pipe to be installed and a ten -inch sewer
or eighteen -inch storm drain as applicable. The difference in cost shall be determined by the
public works director. The reimbursement shall be made in accordance with Chapter 16.40 [of
this code].
SECTION 6. Lodi Municipal Code Title 15 — Buildings and Construction — is hereby
amended by repealing and reenacting Chapter 15.64 — Development Impact Mitigation
Fees — in its entirety and shall read as follows:
15.64.010 Findings and Purpose.
15.64.020 Definitions.
15.64.030 Development Impact Funds.
15.64.040 Payment of Fees.
Page 4 of 16
15.64.050
Adoption of Study, Capital Improvement Program and Fees.
15.64.060
Calculation of Fees.
15.64.080
Credit and Reimbursement for Construction of Facilities.
15.64.090
Other Authority.
15.64.100
Findings Regarding Use of Fees.
15.64.110
Fee Exemptions.
15.64.120
Fee Adjustment or Waiver.
15.64.130
Appeal Procedure.
15.64.140
Severability.
15.64.010 - Findings and Purpose.
The council 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, certain public improvements must be or had to
be constructed. The city council 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.
B. The purpose of this chapter is to implement the general plan requirements set forth in
this subsection and subsection A of this section and to impose mitigation fees to fund the cost of
certain facilities, the demand for which is directly or indirectly generated by the type of new
development proposed in the general plan, under the authority of:
The police power of the city granted under Article XI, Section 7, of the California
Constitution;
2. The provisions of the California Environmental Quality Act, Public Resources
Code, Section 21000 et seq., which in general requires that all developments
mitigate environmental impacts;
3. 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 further the purpose of this chapter to require that adequate provisions are made for
developer -financed facilities and services within the city limits as a condition to the approval of a
new development.
D. Development impact mitigation fees are established on development in the city.
Development impact mitigation fees shall consist of separate fees as described in Section
15.64.030 of this chapter. The city council shall, by 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.
E. The specific improvements to be financed by the fee are described in the City of Lodi
Impact Mitigation Fee Program prepared for the city by Harris and Associates, dated August,
Page 5 of 16
2012, a copy of which is on file with the city clerk. The calculation of the fee is based upon the
findings in the referenced study.
F. New development will generate new demand for facilities which must be accommodated
by construction of new or expanded facilities. The amount of demand generated and, therefore,
the benefit gained, varies according to kind of use. Therefore, a "dwelling unit equivalent' (DUE)
factor that quantifies the facilities demand of different land use types in terms of their
equivalence to a low density residential unit. A low density residential unit is assigned a DUE
factor of 1.0 and the DUE factor for each of the other land use categories is determined based
on the anticipated demand for each land use category relative to the anticipated demand for a
low density residential unit.
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.
15.64.020 - Definitions.
A. "Acreage" means the gross acreage for fee calculation purposes of any property within
the city general plan area not including the acreage of dedicated street right-of-way
existing prior to development, except that the area of new dedicated street right-of-way
in excess of thirty-four feet on one side of a street shall not be included in gross acreage.
B. '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 building code.
C. "Costs" means amounts spent, or authorized to be spent, in connection with the
planning, financing, acquisition and development of a facility including, without limitation,
the costs of land, construction, engineering, administration, and consulting fees.
D. "Development' or "project' means any of the following:
For water, sewer, storm drainage and electric impact fees: any new connection to
the city system or increase in service demand;
2. For streets impact fees: any project that increases traffic;
3. For police, fire, parks and recreation, art in public places 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 Impact Mitigation
Fee Program and as subsequently designated by the city council.
F. "Land use" means the planned use as shown on the general plan land use map.
G. "Program fee per dwelling unit equivalent' means the total program costs, for a particular
category of facility divided by the total number of dwelling unit 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.
Page 6 of 16
H. "Dwelling Unit Equivalent" (DUE) is the factor that quantifies the facilities demand of
different land use types in terms of their equivalence to a low density residential unit. A
low density residential unit is assigned a DUE factor of 1.0 and the DUE factor for each
of the other land use categories is determined based on the anticipated demand for each
land use category relative to the anticipated demand for a low density residential unit.
15.64.030 - Development Impact Funds.
A. 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:
1. Water facilities;
2. Sewer facilities;
3. Storm drainage facilities;
4. Street improvements;
5. Police facilities;
6. Fire facilities;
7. Parks and recreation facilities;
8. Electrical Utility facilities;
9. General city facilities and program administration;
10. Art in public places.
B. 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. For purposes of this chapter, they
are referred to in aggregate as the "development impact mitigation fee fund."
C. The city manager shall have the authority to make loans among the development impact
fee funds to assure adequate cash flow. Interest shall not be charged on loans within the
development impact fee fund.
15.64.040 - Payment of Fees.
A. The property owner of any development project causing impacts to public facilities shall
pay the appropriate development impact 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 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. The fees may not be prepaid unless specified otherwise in a fee payment agreement or
development agreement approved by the city council.
E. 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.
Page 7 of 16
15.64.050 - Adoption of Study, Capital Improvement Program and Fees.
A. The city council adopted the City of Lodi Impact Mitigation Fee Program dated August
15, 2012 and establishes a future capital improvement program consisting of projects shown in
said study. The city council shall review that study annually, or more often if it deems it
appropriate, and may amend it by resolution at its discretion.
B. The city council shall include in the city's annual capital improvement program
appropriations from the development impact mitigation fee funds for appropriate projects.
C. Except for facilities approved by the public works director for construction by a 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 required by Government Code
Section 66001..
D. The program fee per dwelling unit equivalent (DUE) shall be adopted by resolution and
shall be automatically adjusted annually beginning in the year 2020 on January 1st. In the first
adjustment year, the adjustment shall change the program fee by the same percentage as the
change in the Engineering News Record 20 Cities Construction Cost Index between 2012 and
2019. Thereafter the adjustment. change the program fee by the same percentage as the
annual change in the Engineering News Record 20 Cities Construction Cost Index.
15.64.060 - Calculation of Fees.
A. The development impact mitigation fees required under Section 15.64.040 are
calculated as follows:
T=FxDUE xU
where:
T = the total mitigation fee for each category of public facility;
F = program fee per dwelling unit equivalent, per 1,000 building square feet, or per gross
acre for each category as established by resolution;
DUE = the factor applicable to the use category as set forth in LMC 15.64.060 (C) and
(E);and
U = number of residential units; number of 1,000 building square foot units; or number of
gross acres; computed to the nearest 0.01 unit
B. The calculated fees are subject to adjustment per Section 15.64.120 of this code.
C. The DUE factors for Water and Wastewater are as set forth in the following table.
Meter Size
Water
DUE Factor
Wastewater
DUE Factor
5/8" meter
0.67 _
0.67
W meter
1.00 _
1.00
1" meter
1.67
1.67
1 Yz' meter
3.33
3.33
2" meter
5.33
5.33
3" meter
10.00
10.00
4" meter
16.67
16.67
6" meter
_
33.33
33.33
8" meter
53.33
53.33
10" meter
76.67
76.67
Page 8 of 16
' From AWWA Manual M6 - Water Meters, 3rd Edition, American Water Works Association,
1986,
2 Ratio of rated flow capacity relative to %-inch meter.
D. Electric Fees will be set according to panel size as set forth in the following table:
Electrical Fees
Fee/Panel
Panel
Size
208 Volts
240 V0its
480 Volts
Single Phase Panal
(Amps)
60
n/a
$248
n/a
100
n/a
$413
n/a
125
n/a
$516
n/a
200
n/a
$826
n/a
400
n/a
$1,652
n/a
600
n/a
$2,478
n/a
Panel
Size
208 Volts
240 Volts
480 Volts
Three Phase Panal
(Amps)
200
$1,178
$1,359
$2,718
400
$2,356
$2,718
$5,437
600
$3,534
$4,077
$8,155
800
$4,712
$5,437
$10,873
1,000
$5,890
n/a
$13,591
1,200
$7,068
n/a
$16,310
1,600
$9,423
n/a
$21,746
2,000
$11,779
n/a
$27,183
2,500
$14,724
n/a
$33,979
3,000
$17,669
n/a
$40,774
E. South Wastewater Trunk, Storm, Streets, Police, Fire, Parks and Recreation, General City
Facilities and Art in Public Places Fees are established as set forth in the following table:
Land Use Category Residential
Low Medium High
Density Density Density
DUE/Unit DUE/Unit DUE/Unit
Commercial
Retail Office
DUE/Unit' DUE/Unit'
Industrial
DUE/Unit'
South Wastewater Trunk 1.00
0.84
0.70
0.93 0.77
0.41
Storm Zone 1 1.00
0.50
-0.40
10.50 10.50
11.25
Storm Zone 2 1.00
0.50
0.40
10.50 10.50
11.25
Streets 1.00
0.54
0.54
_
1.69 1.22
_ 0.62
Police 1.00
0.84
0.70
0.44 0.70
0.23
Fire 1.00
0.84
0.70
0.44 0.70
0.23
Parks 1.00
0.84
0.70
0.10 0.17
0.06
General City Facilities 1.00
0.84
0.70_
0.44 0.70
0.23
Art in Public Places 1.00
0.84
0.70
0.44 0.70
0.23
Page 9 of 16
Storm units are per gross acre and all others are per 1,000 square feet of building space
15.64.080 - Credit and Reimbursement for Construction of Facilities.
A. Construction of Facilities in Advance of City of Lodi Development Impact Mitigation Fee
Program (Fee Program).
1. The public works director may direct or authorize the owner to construct certain
facilities specified in the City of Lodi Development Impact Mitigation Fee Program (Fee
Program), or portions thereof in advance of the Fee Program 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: (1) constructs the improvements, (2) finances an improvement by 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 ten percent 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's
public improvement design standards. The property owner 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 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.
3. If the amount of credit is greater than the amount of the otherwise applicable
development impact mitigation fee, the property owner shall be paid the difference only from the
appropriate development impact mitigation fee fund, after the project is accepted by the city.
4. If the development impact fee funds responsible for the reimbursement do not have
adequate balances to fund the credit, the City and the Developer shall enter into a
reimbursement agreement. In addition to its other terms, the agreement shall provide that:
a. The general 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 development impact mitigation 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 1st index of the year of
construction to the January 1 st index of the year of reimbursement.
Page 10 of 16
15.64, 090 - Other Authority
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 city 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, 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. 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 code,
public improvement design standards and other applicable documents. Any credits or
reimbursements under Section 15.64.080 shall not include the funding, construction, or
dedications described in this section.
15.64.100 - Findings Regarding Use of Fees.
A. 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.
B. 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.
15.64.110 - Fee Exemptions.
The following developments are exempt from payment of fees described in this chapter:
A. City projects;
B. Projects constructed or financed under this chapter;
C. Reconstruction of, or residential additions to single-family dwellings, but not including
additional dwelling units;
D. Property which has paid a master storm drain fee pursuant to Resolution 3618 or
Ordinance No. 1440 is exempt from payment of the storm drainage impact fee except for
changes in land use as described in the fee resolution.
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 of
the ordinance codified in this chapter, 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:
Page 11 of 16
a. An approved or conditionally approved tentative map;
b. An approved final subdivision or parcel map;
C. An approved use permit when no map was required;
d. An approved public improvement agreement.
3. The exemption under this subsection shall not apply to changes in land use,
pursuant to subsection D of this section 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 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.
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 on 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.
B. 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.
C. It is the intent of this chapter that:
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;
2. 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;
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
4. Where improvements providing capacity for the subject parcel have already been
constructed, a downward adjustment of the fee is not appropriate.
D. The public works director shall consider the application at an informal hearing held within
sixty days after the filing of the fee adjustment or waiver application. The decision of the public
works director is appealable pursuant to Section 15.64.130.
E. The applicant bears the burden of proof in presenting substantial evidence to support the
application. The public works director shall consider the following factors in its determination
whether or not to approve a fee adjustment or waiver:
The factors identified in Section 66001:
a. The purpose and proposed uses of the fee,
Page 12 of 16
b. The type of development,
C. The relationship between the fee's use and type of development,
d. The need for improvements and the type of development, and
e. The amount of the fee and the portion of it attributable to the
development; and
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. The public works director is responsible for administering, collecting, crediting,
adjusting, and refunding development fees. A decision by the public works
director regarding a fee imposed under this chapter is appealable in accordance
with this section. A person seeking judicial review shall first seek an appeal under
this section.
A person appealing a decision under this chapter shall file a request with the
public works director 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.
C. The public works director shall notify the city manager of the appeal. The city
manager shall set the matter for hearing before the city council and notify the
person appealing in writing of the time and place.
D. 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.
E. The decision of the city council is final; it is reviewable by a court under Code of
Civil Procedure Section 1094.5.
F. The city adopts the Code of Civil Procedure, Section 1094.5, for the purposes of
judicial review under this section. A petition seeking review of a decision under
this chapter shall be filed not later than the ninetieth day following the date on
which the decision of the hearing officer becomes final.
15.64.140 - Severability.
If any provision or clause of the ordinance codified in this chapter 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 provisions and clauses of the ordinance codified in this
chapter are declared to be severable.
Page 13 of 16
SECTION 7. Lodi Municipal Code Chapter 16.24 — Improvements — is hereby amended
by repealing and reenacting Section 16.24.040, "Streets," in its entirety and shall read as
follows:
16.24.040 - Streets.
A. The subdivider shall dedicate and improve all streets, including curbs, gutters, sidewalks
and street pavement in accordance with adopted city policies.
B. If street improvements exist that do not meet existing city standards or are inadequate or
a hazard to the general public, then these improvements shall be reconstructed to current city
standards.
C. The subdivider or developer shall be reimbursed for excess width street construction and
right-of-way or for construction or permanent improvements which front adjacent property.
Reimbursement shall be made by private reimbursement agreement in accordance with
Chapter 16.40. For purposes of this section excess width streets are defined as:
New streets over sixty-eight feet in width;
Widenings of existing street in excess of one half of the adjacent side of the right
of way.
SECTION 8. Lodi Municipal Code Chapter 16.40— Reimbursements for Construction —is
hereby amended by repealing and reenacting Section 16.40.010, "Findings and Purpose";
and Section 16.40.020, "Improvements to be Reimbursed," in their entirety and shall read
as follows:
16.40.010 - Findings and Purpose.
The council hereby finds and declares as follows:
A. Construction of new streets and water, sewer and storm drains often benefits other
properties. Such benefit may occur through the provision of supplemental capacity (oversize
lines) or installations across or opposite unserved property which would be required to make
such improvements upon development or service connection.
B. The State of California, in Government Code Sections 66485 through 66489 requires
that the city either pay for or enter into an agreement to reimburse the installing party, including
an amount attributable to interest for such installations. To pay the costs as required by the
reimbursement agreement, the city may collect funds from the other properties which benefit
from such installations.
C. The city has adopted a development impact mitigation fee ordinance (Chapter 15.64)
which provides for reimbursement and collection of funds from the benefiting parcels under only
a portion of the circumstances described in subsection A of this section.
D. The purpose of that chapter is to identify the improvements which are reimbursable
under the development impact mitigation fee program and to provide a uniform reimbursement
procedure for the cost of improvements which are to be reimbursed from other properties. For
purposes of this chapter, "applicant' means the owner of the property for which the
improvements are being installed or are required to be installed per the city code.
Page 14 of 16
16.40.020 - Improvements to be Reimbursed.
A. The cost of the following improvements shall be reimbursed from the benefiting parcels.
The terms of the reimbursement shall be in accordance with Chapter 15.64:
Oversize water mains and major crossings required per Chapter 13.08.
2. Oversize sewers and storm drains required per Chapter 13.12
3. Excess width street construction and right-of-way required per Chapters 15.44
and 16.24.
B. The cost of other improvements which benefit other property or would be required of that
property upon development, shall be reimbursed in accordance with this chapter.
SECTION 9. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 10. No Mandatory Duty of Care. 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 mandatory duty of care toward 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 11. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The city council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 12. 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.
Approved this 201" day of February, 2013
cbo:�P�
ALAN NAKANISHI
Mayor
Att
RA JOHL
City Clerk
Page 15 of 16
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1870 was
introduced at a regular meeting of the City Council of the City of Lodi held February 6, 2013,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held February 20, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and
Mayor Nakanishi
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1870 was approved and signed by the Mayor on the
date of its passage and the same has been publi:&H
aw.
City Clerk
Approved as to For
D. STEPHEN SCHWA
City Attorney
Page 16 of 16