HomeMy WebLinkAboutOrdinances - No. 1883ORDINANCE NO. 1883
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 17-ZONING-BY REPEALING AND
REENACTING SECTION 17.50.030 E-3, "REIMBURSEMENT FOR EXCESS
STREET WIDTH," IN ITS ENTIRETY; REPEALING AND REENACTING
SECTIONS 17.62.010, "FINDINGS AND PURPOSE," AND 17.62.020,
"IMPROVEMENTS TO BE REIMBURSED," IN THEIR ENTIRETY ======================================================================
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17-Zoning-is hereby amended by repealing and
reenacting Section 17.50.030 E-3 in its entirety and shall read as follows:
3. Reimbursement for excess street width. The subdivider or developer may 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 17.62. For purposes of this Section excess width
streets are defined as:
a. New streets over 68 feet in width;
b. Widenings of existing street in excess of one-half of the adjacent side of the
Right-of-Way.
SECTION 2. Lodi Municipal Code Title 17-Zoning-is hereby amended by repealing and
reenacting Section 17.62.010 and Section 17.62.020 in their entirety and shall read as
follows:
17.62.010-Findings and Purpose
The Council hereby finds and declares as follows:
A. The construction of new streets and water, sewer, and storm drains often benefits
other properties. Benefits may occur through the provision of supplemental capacity
(oversize lines) or installations across or opposite unserved property that 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 (Municipal Code
Chapter 15.64), which provides for reimbursement and collection of funds from
benefitting parcels under only a portion of the circumstances described in Subsection
A.
D. The purpose of Chapter 15.64 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 Article 1 "applicant" means the owner of the
property for which the improvements are being installed or are required to be installed
per the Municipal Code.
17.62.020 -Improvements to be Reimbursed
A. The cost of the following improvements shall be reimbursed from the appropriate
benefitting parcels. The terms of the reimbursement shall comply with Chapter 15.64.
1. 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 Chapter 15.44 and
17.50.030;
B. The cost of other improvements which benefit other property or would be required of
that property upon development shall be reimbursed in compliance with this Article.
SECTION 2. 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 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. 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 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
SON
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Approved this 4th day of September, 2013
ALAN NAKANISHI
MAYOR
State of California
County of San Joaquin, ss.
I, Randi Johi-Oison, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1883
was introduced at a regular meeting of the City Council of the City of Lodi held August 21,
2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held September 4, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS-Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
COUNCIL MEMBERS -None
COUNCIL MEMBERS-None
COUNCIL MEMBERS-None
I further certify that Ordinance No. 1883 was approved a igned by the Mayor on the date
of its passage and the same has been published pur a to law.
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n.'l't...l..l.-. HL-OLSON
City Clerk