HomeMy WebLinkAboutOrdinances - No. 1907ORDINANCE NO. 1907
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 15,
.BUILDINGS AND CONSTRUCTION," BY
REPEALING AND REENACTING CHAPTER 15.65 -
SAN JOAQUIN COUNTY REGIONAL
TRANSPORTATION IMPACT FEE IN ¡TS ENTIRETY
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Title 15, "Buildings and Construction," of the Lodi Municipal Code is hereby
amended by repealing and reenacting Chapter 15.65 - San Joaquin County Regional
Transportation lmpact Fee in its entirety, and shall read as follows:
CHAPTER 15.65
SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE
SECTIONS:
15.65.010
15.65.020
15.65.030
15.65.040
15.65.050
15.65.060
15.65.070
Purpose, Findings, and Declaration of lntent
Definitions
Authority for Adoption
Collection of RTIF Program Fees
Fee Rate and Calculation
Administration of the RTIF Program
Existing City of Lodi Development lmpact Mitigation Fee Program
15.65.010 Purpose, Findings, and Declaration of lntent
A. ln order to implement the goals and objectives of the general plan and to mitigate impacts
caused by new development with the County of San Joaquin, a Regional Transportation
lmpact Fee Program is necessary. The program is needed to finance regional-serving
transportation and transit improvements.
B. Substantial population and employment growth is expected in San Joaquin County through
2025 and beyond. This growth will cause impacts on the Regional Transportation Network
("Regional Transportation Network" or'RTIF Network") including increased congestion and
related impacts unless substantial improvements are completed. The Regional
Transportation lmpact Fee Program ("RTIF Program") is intended to impose a fee to provide
funding for transportation and transit improvements that help mitigate these impacts.
C. New development throughout the County will be subject to the fee which will be proportional
to the impact caused on the RegionalTransportation Network by such new development.
D. The funding derived from the RTIF Program shall be used in combination with other funding
available to complete the needed transportation and transit improvements. ln the absence
of an RTIF Program, existing funding sources, including federal, State, and local sources,
will be inadequate to construct the Regional Transportation Network required to avoid the
unacceptable levels of traffic congestion and related adverse impacts.
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15.65.020 Definitions
A. "Development Project" or "Project" means any project undertaken for the purpose of
development including the issuance of a permit for construction or reconstruction, but not a
permit to operate.
B. "lndustrial Project" means any Development Project that proposes manufacturing,
transportation, or logistics, as identified in the RTIF Land Use Fee Category Summary.
C. "Measure K" means the San Joaquin County Transportation Authority Local Transportation
lmprovement Plan: Air Quality, Mandatory Developer Fees and Growth Management
Ordinance, which establishes and implements a retail transactions and use tax, as may be
extended from time to time.
D. "Multi-Family Residential Unit" means a Development Project that uses a single parcel for
two or more dwelling units within one or more buildings, including duplexes, townhouses,
condominiums, and apartments as identified in the RTIF Land Use Fee Category Summary.
E. "Office Project" means any Development Project that involves business activities associated
with professional or administrative services, and typically consists of corporate offices,
financial institutions, legal and medical offices, personal and laundry services, or similar
uses, and religious centers as identified in the RTIF Land Use Fee Category Summary.
F. "Participating Agencies" means the County of San Joaquin and each of the cities situated in
San Joaquin County if such agencies have (1) adopted the RTIF Program Fee by ordinance
and/or resolution and (2) entered into the Operating Agreement.
G. "Regional Transportation lmpact Fee Program" or "RTIF Program" is the regional program
established by the Operating Agreement by the Participating Agencies and SJCOG to
impose, collect, and distribute a RTIF Program Fee to assist in the funding of transportation
improvements to the Regional Transportation Network.
H. "Regional Transportation lmpact Program Fee" or'RTIF Program Fee" or'RTIF Fee" means
the fee established by each Participating Agency consistent with the RTIF Program and the
Operating Agreement.
l. "Regional Transportation Network" means the regional network of highways and arterials as
identified in the RTIF Technical Report and which may be amended from time to time by
SJCOG.
J. "RTIF Capital Projects" or "Capital Projects" or "RTIF Project List" is the RTIF Program
improvements and projects as identified in the RTIF Technical Report and which may be
amended from time to time by SJCOG's adoption and amendment of a "RTIF Capital
Projects Report."
K. "RTIF Capital Projects Report" means the report adopted by SJCOG annually which
identifies the RTIF Capital Projects as amended from time to time by SJCOG consistent with
the RTIF Program and the Operating Agreement.
L. "RTIF Operating Agreement" or "Operating Agreement" is the Regional Transportation
lmpact Fee Program Operating Agreement establishing the administration of the RTIF
Program as adopted by each Participating Agencies and SJCOG which may be amended
from time to time by the parties thereto.
M. "RTIF Technical Report" means the San Joaquin County Regional Transportation lmpact
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Fee RTIF Technical Report dated October 27,2005, and prepared pursuánt to California
Government Code, Section 66000 et seq., the Mitigation Fee Act.
N. "Residential Dwelling Unit" means a building or portion thereof which is designed primarily
for residential occupancy by one family including single-family and multi-family dwellings.
"Residential Dwelling Unit" shall not include hotels or motels.
O. "Retail Project" means any Development Project that retailing merchandise, generally
without transformation, and rendering services incidental to the sale of merchandise at a
fixed point of sale as identified in the RTIF Land Use Fee Category Summary.
P. "Single-Family Residential Unit" means the use of a parcel for only one residential dwelling
unit as identified in the RTIF Land Use Fee Category Summary.
Q. "Warehousing Project" means any Development Project that is primarily devoted to the
storage of materials. Examples include self-storage facilities, distribution centers used for
storage of finished material prior to distribution to retail centers or other storage facilities, as
identified in the RTIF Land Use Fee Category Summary.
R. "Non-Conforming Land Use" means any Development Project not adequately represented in
the RTIF Land Use Fee Category Summary and is typically a non-retail, non-residential
development project that has minimal or no building area and yet would generate impacts at
a level that is significantly more than represented in the RTIF Land Use Fee Category
Summary. Examples are projects related to mining, intermodal facilities, agriculture, and
outdoor recreation. For these non-conforming land use projects the "per trip" calculation in
the RTIF Land Use Fee Category Summary is applied.
S. "On-Going Third Party Costs" means costs to implement the RTIF program associated with
outside professional services secured by SJCOG.
15.65.030 Authority for Adoption
This chapter is adopted under the authority of Title 7, Division 1, Chapter 5 of the California
Government Code Sections 66000 et seq. (Ord. 1758 S 1 (part), 2005).
15.65.040 Collection of RTIF Program Fees
A. Authority of the Public Works Director. The Public Works Director, or his/her designee, is
hereby authorized to levy and collect the RTIF Program Fee and make all determinations
required by this Ordinance.
B. Pavment of RTIF Proqram Fees. Payment of the RTIF Program Fees shall be as follows
The RTIF Program Fees shall be paid at the time of issuance of a building permit
for the Development Project, or as othenrise required or permitted pursuant to
Government Code section 66007.
The amount of the RTIF Program Fees shall be the fee amounts in effect at the
time of payment.
RTIF Program Fees shall not be waived.
C. Pavment bv all Development Proiects. Except as othenruise expressly provided by this
Ordinance, the RTIF Program Fee required hereunder shall be payable by:1. All Development Projects within the City for which building permits or other
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3.
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ent¡tlements for Development Projects are issued on or after the effective date of
this Ordinance, and
All Development Projects within the City for which building permits or other
entitlements for Development Projects were issued prior to the effective date of
this Ordinance and which permits or entitlements were issued subject to a
condition requiring the developer to pay a RTIF Program Fee to be imposed
upon such Development Project within the City.
D. Exemptions from the RTIF Proqram Fee. The following Development Projects shall not be
subject to the RTIF Program Fee:
The rehabilitation and/or reconstruction of any legal, residential structure and/or
the replacement of a previously existing legal dwelling unit, including an
expansion of an existing dwelling unit that does not create an additional dwelling
unit.
2.The rehabilitation and/or reconstruction of any non-residential structure where
there is no net increase in square footage. Any increase in square footage shall
pay the established applicable fee rate for that portion of square footage that is
new.
Development Projects for which an application for a vesting tentative map
authorized by Government Code Section 66498.1 was deemed complete on or
prior to the effective date of the introduction of this Ordinance.
Development Projects which are the subject of a development agreement
entered into pursuant to Government Code section 65864 et seq. prior to the
effective date of the initial adoption of this Ordinance, wherein the imposition of
new fees are expressly prohibited by the development agreement, provided,
however, that if the term of such a development agreement is extended after the
effective date of this Ordinance, the RTIF Program Fee shall be imposed.
E. Future Development Agreements. Allfuture deve lopment agreements entered into after the
effective date of this Ordinance shall require the full payment of the RTIF Program Fee
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1 Payments for non-residential projects. For non-residential projects the amount of the
fee imposed on the entire Development Project shall be determined based upon:
(a) The gross floor area; and
(b) The predominant use of the building or structure as identified in the building
permit.
2. Payment for mixed use projects. For mixed land use projects, which are projects that
have both residential and non-residential uses, the amount of the fee imposed on
the entire Development Project shall be proportionally determined based on the
following:
(a) The fee associated with the type of residence; and
(b) The predominant use of the non-residential portion of the project
F. Previouslv Paid F Prooram Fees ln the event that RTIF Program Fees have previously
been paíd for an existing building which is a new Development Project with a new or
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different RTIF Fee category, the previously paid RTIF Program Fees for that existing
building shall be credited against the amount of the RTIF Program Fee attributable to the
new Development Project, up to the amount of the previously paid RTIF Program Fee. A
rebate will not be granted if the change in land use represents a lower fee.
G. Reimbursements and Credits. ln the event that RTIF Capital Projects are constructed by a
developer in excess of the Development Project's RTIF Program Fee obligation or in lieu of
payment of RTIF Program Fees by a developer pursuant to an agreement between the
developer and the City, the developer may be reimbursed or credited for future application
for any costs based on the actual costs of construction of the RTIF Capital Project incurred
by the developer in excess of the amount the RTIF Program Fees that apply to the
Development Project.
15.65.050 Fee Rate and Calculation
A. Establishinq the lF orooram fee. The amount of the RTIF program fee for development
projects shall be consistent with the provisions of this ordinance and the RTIF technical
report and shall be established by a resolution of the City Council.
B. Annual ustment. The RTIF Program Fee shall be automatically adjusted on an annual
basis at the beginning of each fiscal year (July 1) based on the arithmetic average of the
annualized percentage change of the Engineering News Record California Construction
Cost lndex (CCCI) for each of the three most recent years..
15.65.060 Administration of the RTIF Program
A. RTIF account or RTIF funds. All fees collected pursuant to the RTIF Program Fee shall be
deposited in a RTIF account or RTIF fund and shall not be commingled with other funds.
The contents of this RTIF fund shall be designated solely for the purpose of contributing to
the financing of the RTIF Capital Projects included in the RTIF Capital Projects Report and
for the funding of incidental administrative costs. Any interest income earned on the RTIF
fund shall also be deposited therein and shall only be expended for the purposes as set
forth in this Ordinance.
B. Prohibition on lnterfund Transfers or Loans. Notwithstanding subsection (bX1XG) of section
66006 of the Government Code there shall be no interfund transfer, grant, or loan of the
RTIF Program Fees or RTIF fund or RTIF account to other City accounts, funds, programs,
or fees. However, the City may provide loans, grants, or transfers of RTIF Program Fees to
other Participating Agencies or SJCOG provided that such funds are consistent with the
RTIF Program and used for the development or construction of RTIF Capital Projects.
15.65.070 Existing City of Lodi Development lmpact Mitigation Fee Program
A. The City of Lodi Development lmpact Mitigation Fee program pursuant to Lodi Municipal
Code Title 15 Chapter 15.64 shall be adjusted on any future projects that are identified in
the approved RTIF Project List to ensure continued compliance with the Fee Mitigation Act
(Gov. Code SS 66000 et seq.).
Section 2 - No Mandatorv Dutv 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 othenuise imposed by law.
Section 3 - Severabilitv. lf any one or more of the terms, provisions, or sections of this
Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason
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whatsoever by a court of competent jurisdiction, then each and all of the remaining terms,
provisions, an-d sections of this Ordinance shall not be affected thereby and shall be valid and
enforceable.
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 one time in the "Lodi News-Sentinel," a daily
rnwspaær of general circulation printed and published in the City of Lodi with the names of the
merOeis voting for and against same and shall be in force and take effect 30 days from and
after its passage and aPProval.
Approved this 5th day of August, 2015.
4ûâ^/%,Ø,r
MARK CHANDLER
Mayor Pro Tempore
Attest:
fn&¡r,ru¡lb
NIFE FERRAIOLO
Clerk
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1907
was introduced at a regular meeting of the City Council of the City of Lodi held July 15, 2015,
and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held August 5,2015 , by the following vote:
AYES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, and
Nakanishi
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Mayor Johnson
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1907 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
\\\,&r^o-16
NIFE ERRAIOLO
Clerk
as to Form
MAGDICH
\
F
6
City Attorney
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