HomeMy WebLinkAboutAgenda Report - March 20, 1996 PH (12)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on
Behalf of Richard Galantine Regarding Mitigation Fees and for the Applicability of
the Dedication and Off -Site Improvement Sections of the Lodi Municipal Code
MEETING DATE: March 20, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Conduct a public hearing and take appropriate action regarding payment
of mitigation fees and the applicability of the required dedications for
public right-of-way and installation of street improvements for property
located at 901 South Cherokee Lane.
BACKGROUND INFORMATION: The issue in this matter revolves around paving and other site
improvements made at 901 South Cherokee Lane without benefit of
permit, payment of required fees or installation of required street
improvements. The site is located at the southwest corner of
Cherokee Lane and Vine Street. A sketch of the site and the improvements in question is attached as
Exhibit A.
Staff previously provided Council with a copy of correspondence, dated June 20, 1995, from staff to
the property owner, Mr. Galantine, detailing the history and circumstances surrounding this matter and
outlining the requirements necessary to bring the development into compliance with City standards.
A copy of that correspondence is attached as Exhibit B.
Prior to the June 20 correspondence, a letter dated May 12, 1995 was sent to Mr. Galantine regarding
the pavement and grading work being done in Cherokee Lane and Vine Street without the required
encroachment permit. This work was discovered in progress by a Public Works Inspector and a stop
work order issued immediately. A list of concerns related to public safety issues caused by the
unpermitted paving was provided in the letter and a response was requested from Mr. Galantine. A
copy of that letter is attached as Exhibit C.
On June 30, 1995, a Notice of Appeal, from Stephen C. Snider of Mullen, Sullivan & Newton, on behalf
of Mr. Galantine was received. A copy of the appeal is attached as Exhibit D. Staff contacted
Mr. Snider and it was agreed to postpone the appeal and try to resolve the matter without Council
action. On July 20, 1995, a meeting was held between City staff and Mr. Snider. Mr. Galantine was not
in attendance. At the close of that meeting, it was agreed that City staff would prepare a cost estimate
for the off-site improvements on Cherokee Lane and would adjust the Development Impact Mitigation
Fees on the basis of a Water/Wastewater Questionnaire to be completed by Mr. Galantine and
returned to the Public Works Department. On July 27, 1995, a letter containing the estimated cost of
the Cherokee Lane street improvements was sent to Mr. Snider's office. A copy of this correspondence
is attached as Exhibit E. It was suggested that the cost of the improvements could be included in' the
Cherokee Lane Improvements portion of the Central City Revitalization Program if Mr. Galantine so
desired. A cost estimate showing the estimated assessment district costs and the cost of including the
Cherokee Lane street improvements was also provided. This offer was formalized in October when all
owners on Cherokee Lane lacking street improvements were offered this option.
APPROVED:
f H. Dixon Flynn - City Manager
CPH901 SC.DOC 03/06/96
Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of
Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and
Off -Site Improvement Sections of the Lodi Municipal Code
March 20, 1996
Page 2
The Water/Wastewater Questionnaire needed to adjust the Development Impact Mitigation Fees was
not received until September 26, 1995. The fees were recalculated based on the information provided
and a summary of the adjusted fees sent to Mr. Snider's office on October 3, 1995. A copy of this
correspondence is attached as Exhibit F. The fees were reduced approximately $10,000.00.
There was no response to the correspondence sent by the City after the July 20 meeting until
February 2, 1996, when a request to reinstate the appeal was received from Mullen, Sullivan & Newton.
There are essentially four issues which require Council action. The issues and staff recommendations
are listed below:
1) Cherokee Lane Improvements and Right -of -Way Dedication
This requirement was triggered by the value of the improvements made to Mr. Galantine's property.
The value is not necessarily the same as the out-of-pocket cost to the developer. Generally, the
value used to determine whether off-site improvements and dedications are required is supplied by
the Community Development Department's Building Division based on information submitted with
the construction application for a building permit. Since Mr. Galantine did not apply for any
permits, the value of the improvements was based on an estimate of the cost of the improvements
if done by a typical contractor. If the owner got a "good deal" or did a portion of the work himself,
the value would not be reduced to reflect his actual out-of-pocket costs. In addition, there was
other work done under permit on existing structures at the site within a 12 -month period which is
also included when determining whether or not off-site improvements are required. The value of
that work was set at $11,000.00 by the Building Division. In staff's opinion, the value of the work
completed was well over the $27,400.00 threshold value in effect at the time of improvement.
The improvements and dedication required on Cherokee Lane include dedication of a comer cutoff
to allow installation of a handicap ramp and the installation of curb, gutter, sidewalk, shoulder
paving and landscaping conforming to the Central City Revitalization Program Concept Plan. This
will require removal of the pavement placed along the Cherokee Lane frontage without the
required permit or inspection. The improvements require preparation of engineered improvement
plans prepared by a licensed civil engineer and payment of plan check and inspection fees.
Staff recommends the requirement for right-of-way dedication and installation of off-site
improvements on Cherokee Lane be upheld. The owner has been offered the option of providing
engineered plans and installing the improvements under the terms of an encroachment permit
issued by the Public Works Department or including the cost of the street improvements in the
parcel assessment for the Central City Revitalization Project. If included in the Revitalization
Project assessment, the City will provide design services free of charge. The owner will be asked
to sign an agreement authorizing the cost of the improvements to be added to the parcel
assessment and will agree not to protest the District formation.
Should the Council elect to waive or defer the improvements to Cherokee Lane, the public safety
hazards created by the installation of unpermitted pavement in Cherokee Lane still need to be
addressed. There are no provisions to protect pedestrians from vehicles or to protect vehicles from
CPH901 SC.DOC 3/6196
Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of
Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and
Off -Site Improvement Sections of the Lodi Municipal Code
March 20, 1996
Page 3
a utility pole and speed limit sign which are now in the paved portion of the roadway. At a
minimum, staff recommends that the owner install a curb at the future curb line to identify the edge
of the road and to provide some measure of protection for pedestrians. The design of the curb
needs to be approved by the Public Works Department prior to installation. The curb would be
installed by a licensed contractor under the terms of an encroachment permit issued by the
Public Works Department.
In a related matter, Cherokee Lane south of Vine Street is a restricted access street. Any new
driveways require Council approval. The southerly driveway at the site was installed without
Council approval. Staff has no objection to the location of the southerly driveway and recommends
that Council approve the location on condition of installation of the required street improvements.
2) Vine Street Dedication and Improvements
This requirement was also triggered by the value of the improvements made to the property. The
right-of-way dedication required on Vine Street is 12 feet. Installation of curb, gutter, sidewalk and
pavement for street widening is also required.
Staff recommends that the dedication and improvement installation requirements on Vine Street be
upheld. However, since the ultimate right-of-way will encroach on existing buildings on the parcel,
staff recommends that the improvements on Vine Street be deferred under the terms of an
Improvement Deferral Agreement to be approved by the Council. The Agreement should also
provide compensation for moving the encroaching structures at the time the improvements are
actually installed. These terms are similar to other deferral agreements approved in the past.
3) Fees
a) Development Impact Mitigation Fees have been required due to a change in land use; i. e.,
installation of a commercial operation on a previously undeveloped portion of the property.
The impact fees have been adjusted downward to reflect information provided on the
Water/Wastewater Questionnaire and to exclude the existing residential development on the
parcel.
Staff recommends that the payment of Development Impact Mitigation Fees be upheld. The
impact of a commercial used car operation on City systems is certainly greater than that of
bare ground. The site has been graded and paved and one of the residential units has been
converted into an office for the commercial operation.
b) A water service upgrade and water meter installation is required on the existing 2 -inch water
service in conformance with Lodi Municipal Code (LMC) Chapter 13.08, Section 13.08.050.
The costs of the service upgrade and 2 -inch meter installation are $933.33 and $500.00,
respectively. If a 1 %-inch meter will suffice, the meter installation charge will be $360.00.
Staff recommends that the water service upgrade and water meter installation fees be upheld
in conformance with Paragraphs A.4. and A.5. of the above -referenced LMC Section.
CPH901 SC.DOC 3/6/96
Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of
Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and
Off -Site Improvement Sections of the Lodi Municipal Code
March 20, 1996
Page 4
4) Miscellaneous Requirements
Since the site has been developed and pavement installed, the on-site storm drainage needs to be
collected on-site and discharged to the public storm drain system in conformance with City
standards. The on-site system can be connected to the existing catch basin at the southwest
corner of Cherokee Lane and Vine Street under the terms of an encroachment permit issued by
the Public Works Department. However, an encroachment permit cannot be issued until the
Development Impact Mitigation Fees for storm drainage have been paid.
Staff recommends that the property be required to comply with existing City standards regarding
collection of on-site drainage and connection to the public storm drain system, as stated above,
including payment of the impact fees for storm drainage.
FUNDING: Not applicable.
Jack L. Ronsko
Public , orks Director
Prepared by Sharon A. Welch, Associate Civil Engineer
JLR/SAW/lm
Attachments
cc: City Attorney
Deputy City Attorney
City Engineer
Associate Civil Engineer - Development Services
Mullen, Sullivan & Newton
CPH901 SC.DOC 3/6/96
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Location of structures taken from 1992 aerial photograph.
LEGEND:
New Asphalt Pavement
Previous Pavement
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Building Removed
Tree Removed
N.T.S.
CITY COUNCIL
STEPHEN J. MANN. Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 96241-1910
FAX (209) 333-6842
June 20, 1995
Mr. Richard Galantine
2417 Summerset Court
Lodi, CA 95240
SUBJECT: 901 S. Cherokee Lane
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
This letter is being sent to you as a result of the work you have done at 901 S.
Cherokee Lane without obtaining the required permits.
In your initial discussions a few months ago with Public Works Department staff, you
indicated that you wanted to install a fence around the rental units on your parcel to
provide more security for your buildings and, perhaps, pave part of the southerly
undeveloped portion of the parcel for long term storage of boats, RV's, etc. Your main
concern at that time seemed to be the lack of security for your tenants. You were
advised by staff that any portion of the undeveloped site paved for long term Storage
purposes would be subject to Development Impact Mitigation Fees for storm drainage.
You were also advised that if a second driveway entrance from Cherokee Lane was
desired, approval of the driveway location would have to be obtained from the City
Council. You indicated at that time that you would be using the driveway on Vine Street
if you created the storage space.
Subsequent discussions with staff included drainage concerns on Cherokee Lane and
Vine Street fronting your property. You were advised that you could not do any work in
the public right-of-way without submitting plans and obtaining an encroachment permit
Since these initial discussions, you have demolished existing structures at the site,
regraded and paved your parcel and placed asphalt concrete in the Cherokee Lane
right-of-way without obtaining the required demolition and encroachment permits. Your
development plan has also changed and apparently you have established a used car
lot on the south half of the parcel with a new, unapproved driveway on Cherokee Lane.
The establishment of this commercial operation on a previously undeveloped portion of
your parcel was not the subject of the initial discussions. The scope of work completed
at the site is sufficient in valuation to subject the project to the conditions and
requirements of Chapter 15.44 of the Lodi Municipal Code, Off -Site Improvements and
Dedications. A copy of this section of the Code is attached. This ordinance sets forth
901CHER.DOC
Riverbend Motors
June 20, 1995
Page 2
requirements for installation of public improvements and dedications for public right-of-
way if the cost of a development within any twelve month period exceeds a
predetermined threshold value. The current threshold value is $27,400. We estimate
the value of the demolition work, regrading, paving and fence installation at the site to
be very close to this amount. Coupled with the remodel work to existing structures
done in 1994, for which building permits showing a combined project valuation of
$11,000 were issued, the value of the improvements to your property within the last
twelve months clearly exceeds 527,400. Therefore, off-site improvements and right-of-
way dedications are required.
The construction of an auto sales business on a previously vacant property is also
subject to the Development Impact Mitigation Fee Ordinance (Lodi Municipal Code,
Chapter 15.64). A copy of the ordinance is attached.
A summary of the requirements necessary to bring your development into compliance
with current City requirements is as follows:
1) Obtain Council approval for the second Cherokee Lane access shown
on your site plan layout. Cherokee Lane, south of Vine Street, is a
restricted access street. New driveways or openings along your frontage
must be approved by the City Council. Staff has no objection to the
proposed driveway location. We will take this item to the Council upon
resolution of the remaining items.
2) Pay Development Impact Mitigation Fees for the new commercial
operation. The enclosed Bill #E-1309 represents the Development Impact
Mitigation Fees for a commercial operation on previously undeveloped
property. The acreage subject to the fees has been adjusted to exclude
the existing residential development and the previously existing laundry and
shop buildings which have been demolished. The standard rates for a
retail commercial development have been charged. It is possible that these
rates could be adjusted based on information specific to your business
operation to be provided in the Water/Wastewater Questionnaire
addressed in Item 3 below.
3) Pay additional sewer capacity fee for retail commercial operation.
Enclosed is a Water/Wastewater Questionnaire which needs to be
completed and retumed to our office. The information provided on the
questionnaire will be used to determine any additional sewer capacity fees
required for this parcel due to the addition of the auto sales business.
4) Connect the on-site storm drain system to the public storm drain
system. The on-site storm drain system needs to be connected to the
catch basin at the southwest comer of Cherokee Lane and Vine Street
This work requires an encroachment permit from the Public Works
Department. An encroachment permit cannot be issued until the
Development Impact Mitigation Fees for storm drainage have been paid.
Riverbend Motors
June 20, 1995
Page 3
5) Dedicate right-of-way on Cherokee Lane and Vine Street for street
widening. Dedication of right-of-way is required on Cherokee Lane and
Vine Street to meet City street standards. City staff will prepare the legal
descriptions and deeds for your signature.
6) Design and install off-site improvements on Cherokee Lane (curb,
gutter, sidewalk, paving and landscaping) in conformance with City
Design Standards and Cherokee Lane section of the Central City
Revitalization Program. Engineered improvement plans and an
encroachment permit issued by the Public Works Department are required
for this work. The plans need to be prepared by a registered civil engineer
in conformance with the City of Lodi Design Standards and submitted to the
Public Works Department with the applicable fees for review and approval.
If you wish, the improvements could be incorporated into the proposed
Cherokee Lane Assessment District to take advantage of the long term
financing.
Since the ultimate right-of-way on Vine Street will encroach on existing
buildings on the parcel, the City is willing to defer the improvements on Vine
Street under the terms of an Improvement Deferral Agreement. The
agreement will also provide compensation for the encroaching structures at
the time the off-site improvements are actually installed on Vine Street.
The agreement will require City Council approval.
Please contact City Engineer Richard Prima at (209) 333-6706 as soon as possible to
discuss the above items. It is our intention to make the City Council aware of this
matter. You have the right to appeal the above requirements to the City Council. The
appeal procedure is included in Chapter 15.44 of the Lodi Municipal Code which is
enclosed.
ed,
Jac L. Ronsko
Publi Works Director
JLR/SAW
cc: City Council
City Manager
City Engineer
Street Superintendent
Senior Civil Engineer
Associate Civil Engineer - Development Services
P.W. Inspector McVicker
15.40.100
The sign face shall be white in color.
All lettering or printing shall be red in
color, and all two-inch letters shall have a
minimum one -fourths -inch stroke, and
all one -inch letters shall have a minimum
three -sixteenths -inch stroke.
D. Prosecutions. Chapter 1.08 of this
code applies to prosecutions under this
section. (Ord. 1384 § 1, 1986; prior code §
5-40)
15.40.110 Alteration or modification.
On-site fire protection facilities,
whether installed before or after the effec-
tive date of the ordinance codified in this
chapter, may be altered or repaired with
the written consent of the fire chief; pro-
vided, that such alterations or repairs
shall be carried out in conformity with
the provisions of Sectionl5.40.030. (Prior
code § 5-39)
Chapter 15.44
OFF-SITE IMPROVEMENTS AND
DEDICATIONS
Sections:
15.44.010
Purpose.
15.44.020
Definitions.
15.44.030
Compliance required.
15-44.040
Exemption or deferment.
15.44.050
Improvements required.
15.44.060
Right-of-way and
easement dedications.
15.44.070
Completion or
guarantee.
15.44.080
Inspection and approval.
15.44.090
Fees.
15.44.100
Appeal.
(Lodi 12-8e)
308
15.44.010 Purpose.
The purpose of this chapter is to set
forth requirements for the installation of
nonexistent or inadequate nonconform-
ing public off-site improvements and the
dedication of public rights-of-way and
easements as a condition to the issuance
of a building permit or development
approval in order to protect and improve
the public's safety, convenience and gen-
eral welfare. (Prior code § 5-19)
15.44.020 Definitions.
For the purpose of this chapter, the
following words and phrases have the
meanings respectively ascribed to them
by this section:
A. "Development" means all residen-
tial, commercial and industrial construc-
tion or remodeling, as well as
developments of public agencies, includ-
ing but not limited to on-site parking
facilities, open storage areas, and other
similar improvements which may or may
not require a building permit.
B. "Off-site improvement" means all
publicly owned facilities that are or will
be located in the public right-of-way
which typically include, but are not lim-
ited to, curbs, gutters, sidewalks, street
paving, storm drains, water mains, sewer
lines. fire hydrants, electrical facilities.
street lights and landscaping. (Prior code
§ 5-20)
15.44.030 Compliance required.
No building permit shall be issued for
a development nor shall an on-site park-
ing facility, open storage area or other
similar improvement be created or con-
structed within the city unless com-
pliance is made with the public off-site
C
C'
improvements and dedication requirements
set forth in this chapter. (Prior code § 5-21)
15.44.040 Exemption or deferment.
A. The requirements of Section
15.44.030 do not apply if the cost of devel-
opment within any twelve-month period is
determined by the public works director to
be less than twenty-five thousand dollars.
This amount shall be adjusted by the public
works director on July 1st of each year,
beginning on July 1. 1994, based upon the
change of the U.S. Average Engineering
News -Record Building Cost. Index, using
the following formula:
Amount = S25,000 X ENR index for lune
2838 (ENR Index forlune 1992)
and that the amount shall be rounded to the
C nearest one hundred dollars.
B. The city may defer compliance with
the requirements of Section 15.44.030 if the
public works director determines that it
would be in the best interest of the city to
cause all or a portion of the work to be
done on an area -wide basis, provided that
15.44.030
the property owner enters into an agreement
with the city agreeing that the property
owner will undertake and start the construc-
tion of the required improvements within
ninety days after notice is given by the city.
The agreement shall further provide that in
the event of default in undertaking and
completing the required improvements
within the time specified, the city may
cause such work to be done and the cost
thereof to be assessed as a lien against the
property. Such agreement shall also be
considered as a covenant running with the
land and shall be recorded in order to con-
stitute notice to any prospective buyer of
such property. The city manager is autho-
rized to execute such an agreement for and
on behalf of the city. (Prior code § 5-22;
Ord. 1569 § 1, 1993)
15.44.050 Improvements required.
A. The off-site improvements required
for all developments under this chapter are
as follows:
1. Curb, gutter, sidewalk, driveways and
street improvements shall be
308-1 tr.aa1.143i
installed fronting all portions of the
developer's property being developed which
fronts upon a public street or future public
street. The improvements shall be in accor-
dance with the then -current city policies and
city standards.
2. Water, sewer, storm drains and land-
scaping shall be installed in accordance with
the then -current city policies and city stan-
dards.
3. Electrical facilities and street lights
shall be installed in accordance with plans
prepared and approved by the city utility
department.
B. Plans showing the off-site improve-
ments shall be prepared by a registered civil
engineer unless waived by the public works
director.
C. The installation of off-site improve-
ments within existing public right -0f -way
requires an encroachment permit from the
city.
D. If off-site improvements exist that do
not meet existing city standards or are inad-
equate or a hazard to the general public,
then these off-site improvements shall be
reconstructed to current city standards.
E. No occupancy permit shall be issued
or utility connections made unless the re-
quired off-site improvements and 'dedica-
tions have been completed and approved.
F. Street improvements and dedications
made pursuant to this chapter are eligible
for reimbursement as provided in Chapter
16.24 of this code. (Ord. 1527 § 9, 1991;
prior code § 5-23)
15.44.060 Right-of-way and
easement dedications.
The public right-of-way and easement
dedications required under this chapter shall
be in conformance with the then -current city
15.44.050
design standards and adopted specific plans.
The required dedications shall be made
prior to the issuance of a building permit or
allowing the development to proceed. (Prior
code § 5-24)
15.44.070 Completion or guarantee.
Any person required to construct off-site
improvements under this chapter shall either
complete same to city specifications or shall
guarantee such completion by furnishing to
the city, prior to the issuance of a building
permit or allowing a development to pro-
ceed, a surety bond, instrument of credit, or
cash in the amount of the development's
construction cost. (Prior code § 5-25)
15.44.080 Inspection and approval.
Off-site improvements required under this
chapter are subject to the inspection and
approval of the public works director. (Prior
code § 5-26)
15.44.090 Fees.
The then -current applicable development
fees must be paid prior to the issuance of a
building permit, or allowing the develop-
ment to proceed. including:
A. Development impact mitigation fees;
B. Wastewater connection fee;
C. Engineering fee;
D. Other established development fees
and fees for service. (Ord. 1518 §3, 1991:
prior code § 5-27)
15.44.100 Appeal -
A. Any person required to make im-
provements or dedications under this chap-
ter may appeal any decision of the public
works director to the city council. Such -
appeals shall be in writing and shall be filed
309 (L.wi 1-92)
15.44.100
with the city clerk within fifteen days of the
date notice of the decision is made.
B. The city council shall hold a hearing
on the appeal within thirty days of the date
on which the appeal was filed. The city
cleric shall send written notice of the hear-
ing to the appellant at least seven days prior
to the date of the hearing. The determina-
tion of the city council shall be considered
as final. (Prior code § 5-28)
Chapter 15.48
SCHOOL FACILITIES
DEDICATIONS
Sections:
Article L General Provisions .
15.48.010
Title and purpose.
15.48.020
Statutory authority --
15.48.070
Conflicts.
15.48.030
General plan
15.48.090
conformance.
15.48.040
Regulation
promulgation.
Article II. Definitions
15.48.050
Applicability.
15.48.060
Developer.
15.48.070
Dwelling unit.
15.48.080
Mobilehome space.
15.48.090
School districts.
15.48.100
Conditions of
overcrowding.
15.48.110
Reasonable methods of
mitigating conditions of
15.48.160
overcrowding.
15.48.120
Residential
development.
(Lodi 1-92) 310
Article M. Procedure and
Requirements
15.48.130
Notice of overcrowding
by school districts—
Findings.
15.48.140
Notice of overcrowding
by school districts—
Contents.
15.48.150
Designation of
overcrowded school.
15.48.160
Residential development
approval—Findings
required.
15.48.170
Residential development
approval—Exemptions.
15.48.180
District schedule of use.
15.48.190
Land or fees ---
Preference of developer.
15.48.200
Land or fees—
Determination.
15.48.210
Dedication.
15.48.220
Fee payment.
15.48.230
Amount required.
15.48.240
Use of land and fees.
15.48250
Accounting and report
by school district.
15.48.260
Termination of
requirements.
15.48.270
School capacity
determination.
Article I. General Provisions
15.48.010 Title and purpose.
The ordinance codified in this chapter -
shall be known as the "school facilities
dedication ordinance." The purpose of this
chapter is to provide a method for financing
interim school facilities necessitated by new
residential developments
e
3-
A�
15.60.200
sances, cause fraud on or victimization of
15.64.050 Adoption of study,
the public, or conflict with costing local
capital improvement
laws or ordinances.
program and fees.
E. Variances may be issued for new
15.64.060 Calculation of fees.
construction and substantial improvements
15.64.070 Residential acre
and for other development necessary for the
equivalent factor.
conduct of a functionally dependent use
15.64.080 Credit and
provided that the provisions of Section
reimbursement for
15.60.190(C) are satisfied and that the strut-
construction of facilities.
ture or other development is protected by
15.64.090 Other authority.
methods that minimize flood damages dur-
16.64.100 Findings regarding use
ing the base flood and create no additional
of fees.
threats to public safety.
15.64.110 Fee exemptions.
F. Any applicant to whom a variance is
15.64.120 Fee adjustment or
granted shall be given written notice that
waiver.
the structure will be permitted to be built
15.64.130 Appeal procedure.
with a lowest flood elevation below the
15.64.140 Severability.
regulatory flood elevation and that the cost
of flood insurance will be commensurate
15.64.010 Findings and purpose.
with the increased risk resulting from the
The council finds and declares as fol -
reduced lowest flood elevation. A copy of
lows:
the notice shall be recorded by the flood-
A. In order to implement the goals of
plain board in the office of the San Joaquin
the City of Lodi's general plan and to miti-
County recorder and shall be recorded in a
gate the impacts caused by new develop -
manner so that it appears in the chain of
ment in the city, certain public improve -
title of the affected parcel of land. (Ord.
meats must be or had to be constructed.
1426 (part), 1988)
The city council determines that develop-
ment impact mitigation fees are needed to
Chapter 15.64
finance these public improvements and to
pay for new developments' fair share of the
DEVELOPMENT IMPACT
construction cats of these improvements.
MITIGATION FEES
In establishing the fees described in this
chapter, the city council finds the fees to be
Sections:
consistent with its general plan and, parsa-
15.64.010 Findings and purpose.
ant to Government Code Section 65913.2,
15.64.020 Definitions.
has considered the effects of the fees with
15.64.030 Development impact
respect to the city's housing needs as estab-
hmds.
fished in the housing element of the general
15.64.040 Payment of fees,.
plan.
B. The purpose of this chapter is to
implement the general plan requirements set
forth in this subsection and subsection A of
t iaAt>
320-16
15.64.010
this section and to impose mitigation fees to
of Lodi Development Impact Fee Study
fund the cost of certain facilities and servic-
prepared for the city by Nolte and Associ-
es, the demand for which is directly or
ates and Angus McDonald & Associates,
indirectly generated by the type of new
dated August, 1991, a copy of which is on
development proposed in the general plan,
file with the city cleric. The calculation of
under the authority of:
the fee is based upon the findings in the
1. The police power of the city granted
referenced study.
under Article XI, Section 7, of the Califor-
F. New development will generate new
nia Constitution;
demand for facilities which must be accom-
2. The provisions of the California
modated by construction of new or expand -
Environmental Quality Act, Public Resourc-
ed facilities. The amount of demand genr-
es Code, Section 21000 et seq., which in
ated and, therefore, the benefit gained,
general requires that all developments mid-
varies according to kind of use. Therefore,
gate environmental impacts:
a "residential acre equivalent" (RAE) factor
3. The provisions of the California
was developed to convert the service de -
Government Code regarding general plans
mand for general plan based land use cate-
at Section 65300 et seq. including but not
gorier into a ratio of the particular use's
limited to the provisions of Government
rate to the rate associated with a low-densi-
Code Section 65400.
ty, single-family dwelling gross acre. The
C. It is further the purpose of this chap-
council finds that the fee per unit of Bevel-
( ter to require that adequate provisions are
opment is directly proportional to the RAE
made for developer -financed facilities and
associated with each particular use.
services within the city limits as a condition
G. The city has previously approved
to the approval of a new development
various development projects which have
D. Development impact mitigation fees
made significant financial expenditures
are established on development in the city,
towards completion, including the payment
Development impact mitigation fees shall
of the then current development impact
consist of separate fees as described in
mitigation fees; but have not obtained a
Section 15.64.030 of this chapter. The city
building permit. The city council finds and
council shall, by resolution. set forth the
declares that such projects should be al -
specific amount of the fees; describe the
lowed to proceed without the imposition of
benefit and impact area on which the fee is
new development impact mitigation fees
imposed; refer to the specific improvements
imposed under this chapter. (Ord. 1547 § 1.
to be financed, their estimated cost and
1992; 1526 § 1, 1991: Ord. 1513 § 1 (part).
reasonable relationship between this fee and
1991)
the various types of new developments; and
set forth time for payment. Adoption of
15.64.020 Definitions.
such fee resolutions shall be done in com-
A. "Acreage" means the gross acreage
pliance with Government Code Sections
for fee calculation purposes of any property
66016 et seq.
within the city general plan area not inciud-
E. The specific improvements to be
ing the acreage of dedicated street right -of -
financed by the fee are described in the City
way existing prior to development; except
320-17 (Lodi 7_L±,
15.64.020
U= the area of new dedicated street right-
of-way in excess of thirty-four feet on one
side of a sweet 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 build-
ing code.
C. "Costs" means amounts spent, or
authorized to be spent, in connection with
the planning. financing. acquisition and
development of a facility or service includ-
ing, without limitation, the costs of land.
construction, engineering, administration,
and consulting fees.
D. "Development" or "project" means
any of the following:
1. For water, sewer and storm drainage
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, paries and recreation
and general facilities impact fees: any pro-
ject generating new or increased service
demand.
E. "Facilities" means those public facil-
ities designated in the City of Lodi
Development Impact Fee Study and as
subsequently designated by the city council.
F. "Land use" means the planned use as
shown on the general plan land use map
defined by the following categories based
on the designations in the city general plan:
1. Low-density Residential. Single-
family detached and attached homes, sec-
ondary residential units, and similar uses
not exceeding seven units per gross acre;
2. Medium -density Residential. Single-
family and multi -family residential units and
air 7-97r 320-18
similar uses between 7.1 and twenty units
per gross acre;
3. High-density residential. Multi -family
residential units, group quarters, and similar
uses between 20.1 and thirty units per gross
acre;
4. East Side Residential. This designa-
tion
esignertion reflects the city council's adoption of
Ordinance No. 1409. This designation pro-
vides for single-family detached and at-
tached
ttaehed homes, secondary residential units.
and similar uses not exceeding seven units
per gross acre;
5. Planned Residential. Single-family
detached and attached homes, secondary
residential units, multi -family residential
units, and similar uses and is applied to
largely undeveloped areas in the unincorpo-
rated area of the general plan. All develop-
ment under this designation shall be ap-
proved pursuant to a specific development
plan. As specific development plans are
approved, the planned residential designa-
tion shall be replaced with a low, medium.
or high density residential designation, or a
public/quasi-public designation based on its
approved use and density;
6. Commercial -Retail. Retail uses, res-
taurants, wholesale commercial uses, hotel
and motel uses and service uses, public and
quasi -public uses, and similar uses with a
floor/area ratio not exceeding 0.40:
7. Commercial -Office. Professional and
administrative offices, medical and dental
clinics, laboratories, financial institutions.
and similar uses with a floor/area ratio not
exceeding 5.0;
8. Light Industrial. Industrial parks.
warehouses, distribution centers, light manu-
facturing. and similar uses with a floor/area
ratio riot exceeding 0.50:
C
15.64.020
9. Heavy Industrial. Manufacturing,
a. General sewer facilities,
processing, assembling, research. wholesale
b. Kettleman Lane lift station,
and storage uses, rocking terminals. tail-
c. Harney Lane lift station.
road facilities, and similar uses with a
d. Cluff Avenue lift station,
floor/area ratio not exceeding OSO;
3. Stone drainage facilities-,
10. Public/Quasi-Public. Government-
4. Street improvements:
owned facilities, public and private schools,
5. Police facilities;
and quasi -public uses such as hospitals and
6. Fire facilities:
churches with a floor/area ratio not exceed-
7. Paries and recreation facilities:
ing 0.50. The appropriate residential acre
8. General city facilities and program
equivalent factor for these uses shall be
administration.
determined on a case-by-case basis by the
B. The fees shall be expended solely to
public works director.
pay the costs of facilities (including interest
G. "Program fee per residential acre
on interfund loans) or to reimburse develop -
equivalent" means the total program costs,
ers entitled to reimbursement under this
for a particular category of facility divided
chapter. The funds for the categories listed
by the total number of residential acre
above shall be kept separate. For purposes
equivalents and adjusted for price changes
of this chapter, they are referred to in ag-
up to the year of construction and for the
gregate as the "development impact fee
cost of financing, as identified in the City
fund."
of Lodi Development Impact Fee Study or
C. The city manager shall have the
subsequent update for that particular catego-
authority to make loans among the develop-
ry.
ment impact fee funds to assure adequate
H. "Residential acre equivalent factor"
cash flow. Interest charged on each loan
(RAL) is a conversion factor used to reflect
shall be the same as the rate earned on
the service demand for each land use, with
other city funds. (Ord. 1518 § 1 (part),
respect to the same characteristics for a
1991)
low-density, single-family detached dwell-
ing unit zoned in a residential zoning cafe-
15.64.040 Payment of fees.
gory ("R -LD" low-density) based on the
A. The property owner of any develop -
city general plan. (Ord. 1547 § 2. 1992.
ment project causing impacts to public
Ord. 1518 § I (part). 1991)
facilities shall pay the appropriate develop-
ment mitigation fee as provided in this
15.64.030 Development impact
chapter. The amount shall be calculated in
funds.
accordance with this chapter and the pro -
A. The city finance director shall create
gram fee per residential acre equivalent as
in the city trtasury the following special
established by council resolution.
interest-bearing trust funds into which all
B. When such payment is required by
amounts collected under this chapter shall
this chapter, no final subdivision neap.
be deposited:
building permit or grading permit shall be -
1. Water facilities.
approved for property within the city unless
2. Sewer facilities:
the development impact mitigation fees for
320-19 (Lodi 7-".
15.64.040
that property are paid or guaranteed as
provided in this chapter.
C. The fees shall be paid before the
approval of a final subdivision map. budd-
ing permit or grading permit, whichever
occurs fust except as provided in subsection
E of this section.
D. If a final subdivision map has been
issued before the effective date of the ordi-
nance codified in this chapter, then the fees
shall be paid before the issuance of a build-
ing permit or grading permit, whichever
comes first except as exempted under Sec-
tion 15.64.110 of this chapter.
E. Where the development project
includes the installation of public improve-
ments, the payment of fees for Police, Fre,
Paries and Recreation and general city facili-
ties and program administration 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 attor-
ney. (Ord. 1526 § 2. 1991; Ord. 1518 § 1
(part), 199 1)
15.64.050 Adoption of study, capital
improvement program
and fees.
A. The city council adopts the City of
Lodi Development Fee Study dated August,
1991 and establishes a future capital im-
provement 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
aAdi 7-97r 320-20
appropriations from the development impact
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 established
in the development impact fee study.
D. The program fee per residential area
equivalent (RAE) shall be adopted by reso-
lution and shall be updated annually, or
more frequently if directed by the city coun-
cil. by resolution after a noticed public
hearing. The annual update shall be based
on a report by the public works director
including the estimated cost of the public
improvements, the continued need for those
improvements, and the reasonable relation-
ship between such need and the impacts of _
the various types of development pending ( _
or anticipated and for which this fee is
charged. In the absence of substantial
changes in the projects or unit prices. the
change in project cost shall be estimated by
the change in the Engineering News Record
20 Cities Construction Cost Index. (Ord.
1518 § 1 (part), 199 1)
15.64.060 Calculation of fees.
A. The development impact mitigation
fees required under Section 15.64.040 ale
calculated as follows-
F=P xRAE
T=AxF
where:
A = acreage, computed to the nearest 0.01
acre;
F = fee per acre per land use category per
the definitions in this chapter. rounded to
the nearest ten dollars:
P = program fee per residential acre equiva-
lent as established by resolution; and
RAE = the residential acre equivalent
(RAE) factor for the appropriate land use
category (see Section 15.64.070);
15.64.060
320-30a a." Ian
15.64.060
T = the total mitigation fee for each catego-
ry of public facility.
B. The calculated fees ate subject to
adjustment per Section 15.64.120 of this
code. (Ord. 1518 § 1 (part), 1991)
15.64.070 Residential acre equivalent
factor.
A. The residential acre equivalent factor
is based on the development impact fee
study.
B. The residential acre equivalent
(RAE) factors are as set out in the Wow-
ing table.
Storm
General
Land Use Water Sewer Drainage
Streets
Police
Fire
Parks Sc
Fatuities
Categories RAE RAE RAE
RAE
RAE
RAE
Recreation RAE RAE
RESIDENTIAL
Low Density 1.00 1.00 1.00
1.00
1.00
1.00
1.00
1.00
CMedium
Density 196 1.% 1.00
1.96
1.77
1.96
1.43
1.43
Higli Density 3A9 3.49 1.00
3.05
4.T-
432
280
280
Eau Side
Residential 1.00 1.00 1.00
1.00
1.09
1.10
1.10
1.10
P"NNED
RESIDENTIAL
Low Density 1.00 1.00 1.00
1.00
1.00
1.00
1.00
1.00
Medium Density 1.96 1.96 1.00
1.96
1.77
1.96
1.43
1.43
High Density 3.49 3.49 1.00
3M
4.7_
432
2.80
? SO
COMMERCIAL
Retail Commer-
cial 0.64 0.94 133
2M
4.12
2.69
032
0.89
Office
Commercial 0.64 0.94 133
337
3.73
2.46
OS4
1.53
INDUSTRIAL
320-21
15.64.070
(Ord. 1547 § 3, 1992, Ord. 1518 § 1 (part),
1991)
15.64-080 Credit and reimbursement
for construction of
facilities.
A. Construction of Facilities in Program
Year.
1. The public works director may direct
or authorize the owner to construct certain
facilities specified in the development im-
pact fee study, or portions themof, at the
time 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 im-
provements, (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 construc-
tion 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.
Storm
Land Use
Water
Sewer
Drainage
Categories
RAE
RAE
RAE
INDUSTRIAL
Recreation RAE
RAE
2.00
Ligbc Industrial
036
0.42
133
Heavy Industrial
026
0.42
133
(Ord. 1547 § 3, 1992, Ord. 1518 § 1 (part),
1991)
15.64-080 Credit and reimbursement
for construction of
facilities.
A. Construction of Facilities in Program
Year.
1. The public works director may direct
or authorize the owner to construct certain
facilities specified in the development im-
pact fee study, or portions themof, at the
time 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 im-
provements, (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 construc-
tion 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.
a.adi 7.927 320-22
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
mitigation fee, the property owner shall be
paid the difference only from the appropri-
ate development impact fee fund, after the
project is accepted by the city, and at the
end of the year in which the project is
planned to be completed under this study.
B. Construction of Facilities Prior to
Program Year.
1. If the construction described in sub-
section A of this section occurs before the
fiscal year for which construction is sched-
uled under the study, the property owner
shall receive no immediate credit against the
applicable fee. Ile property owner shall be
reimbursed from the appropriate develop-
ment impact fee fund at the end of the year
General
Streets
Police
Fire
Paries &
Facilities
RAF
RAE
RAE
Recreation RAE
RAE
2.00
030
0.64
033
0.64
1.27
0.19
0.61
033
0.93
a.adi 7.927 320-22
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
mitigation fee, the property owner shall be
paid the difference only from the appropri-
ate development impact fee fund, after the
project is accepted by the city, and at the
end of the year in which the project is
planned to be completed under this study.
B. Construction of Facilities Prior to
Program Year.
1. If the construction described in sub-
section A of this section occurs before the
fiscal year for which construction is sched-
uled under the study, the property owner
shall receive no immediate credit against the
applicable fee. Ile property owner shall be
reimbursed from the appropriate develop-
ment impact fee fund at the end of the year
9
in which the project is planned under the
study program year. The reimbursable
amount shall be the estimated cost of the
facility as determined in subsection A.1 of
this section. With specific approval of the
council, reimbursement may occur after the
year in which the project is planned, if in
the opinion of the public works director, the
delay is necessary to assure the orderly
implementation of the city capital improve-
ment program.
2. To implement subsection B.1 of this
section. the property owner and the city
shall first enter into a reimbursement agree-
ment 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 agreemen>;
_ 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 reve-
nues, and is payable only from the fees
deposited in the appropriate city deveiop-
ment impact 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 1st index
15.64.080
of the year of reimbursement (Ord. 1518 $
1 (part), 1991)
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 require-
ments 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 particu-
lar, 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 Sec-
tion 15.64.080 shall not include the funding,
construction, or dedications described in this
section. (Ord. 1518 $ 1 (part). 1991)
15.64.100 Findings regarding use of
fees.
A. As required under Government Code
Section 66001(d). the city shall make find-
ings once each fiscal year with respect to
any portion of the fee remaining unexpend-
ed or uncommitted in its account five or
more years after deposit -of the fee, to iden-
tify the purpose to which the fee is to be
put and demonstrate a reasonable relation-
ship between the fee and the purpose for
which it was charged.
320-23 a." M
15.64.100
B. As rewired 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. (Ord.
1518 §1 (part), 1991)
15.64.110 Fee exemptions.
Tire 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 dweIling 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 -
F_ 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 section, re-
ceived the appropriate development approv-
al, 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. -ap-
propriate development approval" shall in-
clude:
a. An approved or conditionally ap-
proved tentative map;
modi 1-97i 320-24
b. An approved final subdivision or
parcel map.
e. 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 pro-
ject shall be charged the appropriate incre-
mental increase as provided in this chapter
and the fee resolution. (Ord. I526 § 3,
1991; Ord. 1518 § 1 (part), 1991)
15.64.124 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 fez. 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 cleric 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:
1. 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 calcu-
late a fee and/or require additional improve-
ments when the service demand of a partic-
ular land use exceeds the standards shown
in the definitions or used in determining the
improvements needed under the fee pro-
gram.
3. The fee categories shall be consid-
ered 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 panel 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 appli-
cation. 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 ap-
prove a fee adjustment or waiver.
1. The factors identified in Section
66001:
a. The purpose and proposed uses of
the fez.
b. The type of development,
320-24a
15.64.120
a.i r-qz
15.64.120
c. The relationship between the fee's of the proceeding. The council shall consid-
use and type of development, er all relevant evidence presented by the
d. The need for improvements and the appellant, the public works director or other
type of development, and interested party.
e. The amount of the fee and the por- E The decision of the city council is
tion of it attributable to the development; final; it is reviewable by a court under Code
and of Civil Procedure Section 10945.
2 The substance and nature of the F. The city adopts the Code of Civil
evidence including the development impact Procedure, Section 10945, for the purposes
fee study and the applicant's technical data of judicial review under this section. A
supporting its request. The applicant must petition seeking review of a decision under
present comparable technical information to this chapter shall be filed not later than the
show that the fee is inappropriate for the ninetieth day following the date on which
particular development. (Ord. 1518 § 1 the decision of the hearing officer becomes
(party 1991) final- (Ord. 1518 § 1 (part), 1991)
15.64.130 Appeal procedurY.
15.64.140 Severability.
A. The public works director is respon-
If any provision or clause of the ordi-
sible for administering. collecting, crediting,
nance codified in this chapter or the appli-
adjusting, and refunding development fem
cation thereof to any person or cnrcamstanc-
Cr
A decision by the public works dire=
es is held to be unconstitutional or to be
regarding a fee imposed under this chapter
otherwise invalid by any court of competent
is appealable in accordance with this sec-
jurisdiction, such invalidity shall not affect
tion. A person seeking judicial review shall
other ordinance provisions or clauses or
first seek an appeal under this section.
applications thereof which can be imple-
B. A person appealing a decision under
mented without the invalid provision or
this chapter shall file a request with the
clause or application, and to this encs the
public works director who is responsible for
provisions and clauses of the ordinance
processing the appeal. The appeal shall be
codified in this chapter are declared to be
in writing, stating the factual and legal
severable. (Ord. 1518 § 1 (pari}, 1991)
grounds, and shall be filed within ten calen-
dar days following the decision of the pub-
lic 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 cotimal shall conduct the
hearing prepare written findings of fact and
a written decision on the matter, and shall
preserve the complete administrative record
320-25
( 1041)
STAT, ..-.T
FINANCE DEPARTMENT
CITY OF LODI
City Hall / 221 West Pine Street / P.O. Box 3006 / Lodi, CA 95241-1910
Telephone (209) 334-5634
• 6/20/95
F Mr. Richard Galantine DATE
2417 Summerset Court
Lodi, CA 95240 E-1309
INVOICE NO.
L J
Make your check payable to CITY OF LODI
CITY OF LODI
Please detach and
return this stub
with your payment.
Richard
Galantine
6/20/95
DATE
E-1309
INVOICE NO.
176 (Rev 4.92) Reminder. — Did you include your stub?
•y
AMOUNT AMOUNT
Fees for development at 901 S. Cherokee Lane
$19,782
30 819,782
30
Charges for Development Impact Mitigation Fees,
I
per attached Summary Sheet.
GALANTIN.DOC
176 (Rev 4.92) Reminder. — Did you include your stub?
•y
CITY O F L O D I Development impact Mitigation Fee
_}5
PUBLIC WORKS DEPARTMENT Summary Sheet
Subdivision: nla n/a nfa
Name Tract i File t
Parcel: 901 S. Cherokee Lane, Lodi, CA 95240 n!a
Address Const Appl. #
047-390-002
AP s
Developerlowner. Richard Gallantine (Riverbend Motors)
Name
2417 Summerset Court, Lodi, CA 95240
Address
Project Description: Used car lot on undeveloped southerly portion of parcel
GP Land Use Category. C-2
Parcel Project (if different)
Fee Category Account # P
RAE I Ad'.
I
F
A
T
1) Water Facilities 18.2-661 $ 5,690.00
0.64
$
3,640.00
0.47
$
1,710.80
2) Sewer Facilities - General 17.3-661 $ 1,060.00
0.94
$
1,000.00
0.47
$
470.00
- Litt Station
_;
3) Storrs Drainage Faalities 326-661 $ 7.630.00
1.33
$
10,150.00
0.47
$
4,770.50
4) Street improvements - Local 327-661 $ 5,440.00
208
$
11,320.00
0.47
$
3.085.83
Street Improvements - Regional 33.2661
-
S
2,234.57
5) Police Protection Facilities 121.5-661 $ 1,130.00
4.12
$
4,660.00
0.47
$
2.190.20
6) Fire Protection Facilities 121.6-661 $ 540.00
269
3
1,450.00
0.47
$
681.50
7) Paries & Recreation Facilities 121.7-661,$ 11,830.00
0.32
$
3,790.00
0.47
$
1,781.30
8) General City Fac. & Prog. Admin. 121.8-6611$ 6,830.00
0.89
$
6,080.00
0.47
$
2.857.60
P - Program Fee per Residential Acre Equivalent (RAE) per Resolution 91-172.
Total 1-8:
$19,782.30
due prior to project approval
RAE =Residential Acre Equivalent per LMC 515.64.070, unless adjusted.
Adj. - Checked if RAE is adjusted, see Notes below.
F = Fee per acre (rounded to nearest $10.00) - P x RAE.
A a Gross acreage per LMC 315.64.020A & 15.64.060 (rounded to nearest
0.01
acre).
T — Total Fee for service category — A x F.
Notes:
1. The acreage has been adjusted to allow credit for the existing residential development and previously existing shop and
laundry buildings which have been demolished.
By: Ks 2cle .4 Approved! , 11( Record #:
Date Billed: 6120/95
Date Paid: (Fee category 1 thru 8)
CITY O LODICOMMERCIAL
WATER/WASTEWATER
PUBLIC WORKS DEPARTMENT QUESTIONNAIRE
This questionnaire is for businesses which use and discharge water only from normal employee restroom uses and/or
the business type is listed In one of the commercial categories below. Attach additional sheets if needed.
jype or print clear
Name of proposed business:
Proposed address of
Lodi operation:
Present address of business
or home office:
Person to contact about questionnaire:
Phone:( ) or (
GENERAL INFORMATION
Which category number(s) below best describes your business?
User Description
Unit of Measure
per bay
t. Meeting place' religious
seating capacity
Give a brief description of how your proposed business
2. Meeting place, public
public
seating capacity.
students
3. Hotel, motel without kltehenettes
beds
may differ from the typical business in the category(s)
4 Hotel, motel with kitchenettes
each unit
Indicated.
5. Veterinary clinic
employees
seating capacity
6. Post office
employees
employees
7. Funeral parlor
employees
employees
S. service station with servfce garages pumps
9. Service station without service garages pumps
10. car wash, automatic Cay per Cay
11.
Car wash, sell serve bays
per bay
12.
Sotool, Bth grade and below
students
13.
High school
students
14.
Eating place, "sting only
seating capacity
15.
Eating place, seating and take-out.
seating capacity`
16.
Eating place. 'pizza parlor
seating capacity
17.
Eating place, takeout only
employees
18
Lunch truck business
employees
19.
Laundry, cotrtop.. reg. mach,
machines
20.
Laundry, coin op., big mach.
machine
21.
Dry cleaning
employees
22.
Dentist's office
employees
23.
Office, store, warehouse,
employees
manufacturer (dry), Doctor's,
Chlropractors and x-ray
offices
24.
Grocery Store, Supermarket (Having
employees
veg/trust or butcher/meet sections)
25.
Bar
seating capacity,
26
Barber. beauty shop
workstations
27,
hospital, convalescent tome
beds
28
best and retirement home
bads
29
Mobile home perk
pads
30
RV dump station
*talions
*if seating capacity is unknown submit
the area (in square feet) of t+e
seating area (restaurants) or hail/pew, gree
Continued on side two.
Commercial Business Questionnair(
Side 2-
1. Total number of employees:
Existing employees (expansions only) Initial employees (or after expansion)
Ultimate employees (by approximately month , 19 }
2. For categories which list units of measure other than employees (i.e. seating capacity, beds, etc.)
list the initial and ultimate numbers for the units of measure. Unit of measure (from side one):
Existing (expansions only) Initial (or after expansion)
Ultimate (by approximately month
Other Information:
3. Will there be or is there handling of chemicals or toxic substances? (not incl. packaged Items to be sold)
Yes No if yes, please list. (attach MSDS sheets If available)
- ..
4. Any special water needs or circumstances? (i.e. temperature, booster pump, minimum water pressure, etc.)
Yes No if yes, explain
5. Any special wastewater (sewer) discharge needs or circumstances? (i.e. batch dumping, organics, grease)
Yes No
if yes, explain
6. Any special storm drain needs or circumstances? (i.e. washdowns, potential spills)
Yes_ No_ _ if yes, explain
1 attest that the information given is correct to the best of my knowledge.
Signed:
Type or print name and title:
Date
Return to: Lodi City Hall, Building Inspection For questions call:
221 West Pine Street, Lodi, CA 95240 Water/Wastewater Office (209) 333-6740
Aedsed 1117192 .
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIECLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
FAX (209) 333-6842
May 12, 1995
Riverbend Motors
Attn: Richard Galantine
821 S. Cherokee Lane
Lodi, CA 95240
SUBJECT: 901 S. Cherokee Lane
EXHIBIT C
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT i
City Attorney
As we discussed on the phone, we have reviewed the asphalt concrete that was placed
in the Cherokee Lane right-of-way today and have several concerns.
Before we can issue an encroachment permit and allow the new asphalt to remain, we
need a written response explaining what you will do to keep vehicles from parking in
the area between the future curb and the right-of-way and what your plans are for
protecting the pedestrians walking along Cherokee Lane, how you plan on controlling
access to the site, and how the drainage both on-site and off-site will be directed into
the storm drain system. There is a speed limit sign and a utility pole in the new asphalt
that must also be protected from vehicles. This protection should also be included in
your discussion. We will review your plan and respond with our comments.
You have also done some grading and compaction work in Vine Street. No additional
work may be done in this street right -of -way without an encroachment permit. Again,
before the City will issue an encroachment permit for other work in Vine Street, we must
see and approve a plan showing your proposed grading, paving and traffic control.
Should you have any questions, my phone number is 333-6706.
Wes Fujitant
Senior Civil Engineer
cc: Street Superintendent
Associate Civil Engineer - Development Services
P.W. Inspector McVicker -
1.901CHERS)oc °>.'
EXHIBIT D
R
jjCC��j,,.T'C,
JUN 3 01995-
NOTICE OF APPEAL;,
i 4lIC 11'OJF LODI
.^.tis DF?gF,T,Vc\7
Pursuant to Section 15.64.130 of the Lodi
Municipal Code, Richard Galantine hereby appeals the
decision of the Public Works Director assessing development
impact mitigation fees regarding the property located at 901
South Cherokee Lane.
The basis of the appeal includes, but is not
limited to:
1. Representations made to Mr. Galantine by -City
staff concerning the applicability of the development impact
mitigation fee and the cost thereof.
2. The applicability of the development impact
mitigation fee to the works performed by Mr. Galantine.
3. The fees are being imposed for matters not
reasonably related to the work done by Mr. Galantine.
4. The works performed by Mr. Galantine do not
constitute a "development".
5. The mitigation fees sought are not. directly or
indirectly related to the work done by Mr. Galantine.
6. The work done by Mr. Galantine will not
generate new demand for facilities.
7. The amount of the fees is arbitrary,
unreasonable and capricious.
DATED: June 30,'1995.
MULLEN, SULLIVAN & NEWTON
Byve-
STEPHEN C. SNIDER
Attorneys for
Richard Galantine
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
CITY OF LODI
Stephen C. Snider
Mullen, Snider & Newton
1111 W. Tokay Street
Lodi, California 95242
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LOD1, CALIFORNIA 95241-1910
(209) 333.6706
FAX (209) 333-6842
July 27, 1995
SUBJECT: Estimated Cost of Improvements
901 S. Cherokee Lane
EXHIBII E
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
In accordance with our discussion on July 20, 1995, we have prepared an estimate of
the cost for design and installation of street improvements on Cherokee Lane required
under Item 6 in our letter dated June 20, 1995. The improvements include curb, gutter,
sidewalk, street paving, landscaping and irrigation. Our rough estimate for the cost of
this work is $21,000.00.
As we discussed, since the parcel is located in the assessment district currently under
development for the Cherokee Lane Improvements portion of the Central City
Revitalization Program, it may be possible to add the cost of the street improvements to
the assessment for the parcel. This would provide some financial relief in the form of
reasonable interest rates and term of repayment.
Listed below are the approximate costs for the parcel under the Central City
Revitalization Program assessment district, including the cost of the street
improvements mentioned above. The annualized debt costs assume an interest rate of
7 percent and a repayment term of 15 years as shown in the Central City Revitalization
Program Conceptual Development Phase documents. The costs for the parcel are
based on a lineal frontage of 178.89 feet on Cherokee Lane and a parcel area of
41,950 square feet.
City Attorney
Mullen, Snider & Newton
July 27, 1995
Page 2
Assessment District Improvements
Cash Payment $13,880.00
Annual Payment, if no cash payment $ 1,900.00
Street Improvements
Cash Payment $ 21,000.00
Annual Payment, if no cash payment $ 2,650.00
If you have any questions, please contact me at (209) 333-6706.
Richard C. Prima, Jr.
City Engineer
RCP/SAW
cc: City Attorney
Associate Civil Engineer
t
CITY HALL
221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6701
(209) 333-6807 FAX
October 3, 1995
CITY OF LODI
CITY ATTORNEY'S OFFICE
OCTLp
DCHIBIT F
John M. Luebberke
Deputy City'Attorney
Mr. Steve Snider
Mullen, Sullivan & Newton
1111 W. Tokay Street
Lodi, California 95242
Re: Richard Galantine
Dear Mr. Snider:
041995'
(147'7�111..t
CITY OF LCD!
Enclosed please find a revised Development Impact Mitigation Fee Summary Sheet for
Mr. Galantine's project.
Please note that the impact fees have been reduced by approximately $10,000:00 under
the original estimate. This change is based on the Commercial Water/Wastewater
Questionnaire submitted by Mr. Galantine on or about September 24, 1995.
If you have any questions or concerns please contact me directly.
Sincerely,
_7�
JOHT M-LUEBBERKE
Deputy City Attorney
JML/pn
cc: Sharon Welch
Rich Prima
J:\CA\CITY\CORRES\L-GALLTN.DOC
CITY OF L O D I Development Impact Mitigation Fee
PUBLIC WORKS DEPARTMENT Summary Sheet
Subdivision: •nla n1a n/a
Name Tract i File i
Parcel: 901 S. Cherokee Lane, Lodi, CA 95240 rda
Address const. App. 0
047-390-002
AP 4
Developer/owner. Richard Galantine (Riverbend Motors)
Name
2417 Summerset Court, Lodi, CA 95240
Address
Project Description: Used car lot on undeveloped southerly portion of parcel
GP Land Use Category.
Fee Category
C-2
Parcel
Account ;#1
f
P { RAE J Adj.
Project (i different)
F I A
T
1) Water Facilities
18.2-66113
5,690.001
0.121 x(1) S
680.00
0.47-
S
319.60
2) Sewer Facilities - General
17.3-6611$
1.060.001
0.271 x(1) ':S
290.00 I
0.47'
S
136.30
- Uft Station
i
1
Ij
,R i:2
3) Storm Drainage Facilities
326-661► S
7,630.001
1.33( IS
10.150.00 1
0.47'
S
4,770.50
4) Street Improvements - Loral
:32.7-6611S
5.440.001
0.391 x(2) IS
2,120.00
0.47 •
S
577.91
Street Improvements - Regional
33.2-661
= _ «?i -:7
,W$
S
418.49
5) Police Protection Facilities
121.5-66113
1,130.001
4.121 15
4,660.00 1
0.47'
S
2190.20
6) Fre Protection Facilities
121.6.66115
540.00(
2691 15
1.450.00
0.47'
S
681.50
7) Parks & Recreation Facilities
121.7-6611 S
11.830.001
0.021 x(3) IS
240.00
0.47-
S
11280
8) General City Fac. & Prog. Admin.
121.8.661 S
6.830.001
0.071 x(3) 1$
480.00 1
0.47'
S
225.60
Total 'f
S9 432 90
P — Program Fee per Residential Acre Equivalent (RAE) per Resolution 91-172. due prior to project approval
RAE - Residential Acre Equivalent per LMC 115.64.070, unless adjusted.
Adj. - Checked if RAE is adjusted, see Notes below.
F Fee per acre (rounded to nearest $10.00) — P x RAE.
A = Gross acreage per LMC 115.64.020A & 15.64.060 (rounded to nearest 0.01
acre).
T - Total Fee for service category - A x F.
• The acreage tot all categories has been adjusted to allow credit for the existing residential development and previously existing
shop and laundry buildings which have been demolished.
Notes:
1. The water and sewer fees are based on the sewer service units (SSU) at sewer capacity fee assigned to the project. Based on
the employee information provided on the WeterfWaste water Questionnaire, the RAE factors were adjusted to reflect the minimum
capacity fee of 1 SSU.
2. The RAE factor was adjusted based on information obtained from the ITE 'Trip Generation' manual for similar land uses.
3. The RAE factors were adjusted based on information contained in the Water/Wastewater Questionnaire. The fees are based on
one (1) full-time employee (the owner!.
By- Approved: Record #:
Date Billed:
Date Paid: (Fee category 1 thru 8)
CITY Ol LODI
Carnegie Forum
305 West Pine Street, Lodi
:to
NOTIud OF PUBLIC HEARING
Date: March 20, 1996
Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, March 20, 1996, at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a
Public Hearing to consider the following matter:
a) Appeal received from Mullen, Sullivan & Newton on behalf of Richard
Gallantine regarding mitigation fees for the applicability of the dedication
and off-site improvement sections of the Lodi Municipal Code.
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public
Hearing.
By Order of the Lodi City Council:
n ie nn
ity Cler
Dated: February 21, 1996
Apprqd a o form:
rnL ebbe
City Attorney
J:1CITYCLR"ORMSWOTGEN2.DOC 270196
0
Public Hearing - Richard Gallantine Appeal
On February 22, 1996 in the City of Lodi, San Joaquin County, California, I deposited in
the United States mail, envelopes with first-class postage prepaid thereon, containing a
copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed
as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and
the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 1996, at Lodi, California.
Jennifer M. Perrin
City Clerk
deemail/forms
MAILING LIST
John M. Luebberke
Deputy City Attorney
Sharon Welch
Public Works Department
Mullen, Sullivan & Newton
P.O. Box 560
Lodi, CA 95241-0560
advinslforms
CITY OF NODI NOTIC OF PUBLIC HEARING
Carnegie Forum Date: April 3, 1996
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF CONTINUED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, April 3, 1996 at the hour of 7:00 p.m.,
or as soon thereafter as the matter may be heard, the City Council will conduct a
Continued Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following matter:
a) Appeal received from Mullen, Sullivan & Newton on behalf of Richard Gallantine
regarding mitigation fees for the applicability of the dedication and off-site
improvement sections of the Lodi Municipal Code
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public
Hearing.
By Order of the Lodi City Council:
nifer M. errin
Clerk
Dated: March 20, 1996
Approved as to form:
- -; ('2' 6, z e ". f, X, � '4�
Randall A. Hays
City Attorney
J:%CITYCLRKIFORMS%NOTGEN.DOC 3/21196
�Q< FO_PIF DECLARATION OF MAILING
R�Q
Continued Public Hearing - Gallantine Appy
On March 21, 1996 in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing a
copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed
as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and
the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 21, 1996, at Lodi, California.
Jennifer M. Perrin
City Clerk
Jacq elin . Taylor
Depu yt
lerk
decmail/forms
MAILING LIST
John M. Luebberke
Deputy City Attorney
Sharon Welch
Public Works Department
Mullen, Sullivan & Newton
P.O. Box 560
Lodi, CA 95241-0560
advinslforms
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNINO
Mayor Pro Tempore
RAY G. DAVENPORT
STEPHEN J. MANN
JACK A. SIECLOCK
CITY OF LODI
Mullen, Sullivan & Newton
1111 W. Tokay Street
Lodi, CA 95242
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6 70 6
FAX (209) 333.6842
March 13, 1996
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
SUBJECT: Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton
on Behalf of Richard Galantine Regarding Mitigation Fees and for the
Applicability of the Dedication and Off -Site Improvement Sections of the
Lodi Municipal Code
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, March 20, 1996, at 7 p.m. The meeting will be held in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
The Council will conduct a public hearing on this item. You are welcome to attend and
speak at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for
the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speakers
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch at
(209) 333-6706.
flackic
L. onsko
rks Director
JLR/pmf
Enclosure
cc: City Clerk
NCCPH901.130C
NOTICE OF APPEAL
Pursuant to Section 15.44.100 of the Lodi
Municipal Code, Richard Galantine hereby appeals the
decision of the Public Works Director to subject the
property located at 901 South Cherokee Lane to the
conditions and requirements of Chapter 15.44 of the Lodi
Municipal Code, Off -Site Improvements and Dedications.
The basis of the appeal includes, but is not
limited to:
1. Representations made to Mr. Galantine by City
staff concerning the applicability of the Off -Site
Improvements and Dedications provisions.
2. The works performed by Mr. Galantine do not
constitute a "development."
3. The works performed by Mr. Galantine are
exempt pursuant to Lodi Municipal Code Section 15.44.040.
4. The application of Chap ter 15.44 represents a
taking without just compensation.
5. Mr. Galantine's orocedu= al and substance of
due process rights have been violated.
6. The imposition of Chapter 15.44 is arbitrary,
unreasonable and capricious.
DATED: July 5, 1995.
MULLEN, SULLIVAN & NEWTON
By
STEPHEN C. SNIDER
Attorneys for
Richard Galantine
REQUEST FOR FEE ADJUSTMENT OR WAIVER
Pursuant to Section 15.64.120 of the Lodi Municipal
Code, Richard Galantine hereby requests a fee adjustment or
waiver from the Public Works Director concerning the
development impact mitigation fees assessed on the property
located at 901 South Cherokee Lane. Richard Galantine was
notified of said imposition on June 26, 1995.
The basis of this request includes, but is not limited
to.
1. Representations made to Mr. Galantine by City
staff concerning the applicability of the development impact
mitigation fee and the cost thereof.
2. The applicability of the development impact
mitigation fee to the works performed by Mr. Galantine.
3. The fees are being imposed for *-tatters not
reasonably related to the work done by Mr. Galantine.
4. The works performed by Mr Galantine do not
constitute a "development."
5. The mitigation fees sought are not directly or
indirectly related to the work done by Mr. Galantine or the
affects thereof.
6. The work done by Mr. Galantine will not generate
new demand for facilities.
7. The amount of the fees is arbitrary, unreasonable
and capricious.
DATED: July 5, 1995.
MULLEN, SULLIVAN & EWTON
By
STETPH 1 -C . SNIDER
Attorneys for
Richard Galantine
July 31, 1995
Richard C. Prima, Jr.
City Engineer
City of Lodi
P. O. Box 3006
Lodi, CA. 95241
John Luebberke
Assistant City Attorney
City of Lodi
P. O. Box 3006
Lodi, CA. 95241
RE: Richard Gallantine
901 S. Cherokee Lane
Dear Richard and John:
The purpose of this letter is to confirm one
aspect of our recent meeting. At that time, it was agreed
that we would continue the hearing before the City Council
on the issues of the mitigation fees and the applicability
of the dedication and off-site improvement sections while we
attempt to negotiate some type of resolution of our
disagreements.
At such time as we reach an impasse or are unable
to agree with regard to these issues, the matter will then
be put on the City Council hearing calendar. Hopefully, in
the meantime, we can reach a solution.
Please let me know immediately if this misstates
our agreement.
Thank you for your consideration.
Very truly yours,
MULLEN, SULLIVAN & NEWTON
by
STEPHEN C. SNIDER
SCS:sw
cc: Richard Gallantine
MULLEN, SULLIV -N & 11TENVTON
THOMAS J. NEWTON
ATTORNEYS AT LAW Oi C7ur.5[L
CRAIC` RASMUSSEN
ROBERT M. MULLEN
STEPHEN C. SNIDER
IIII WEST TOKAY STREET C. M. 'BUD' SULLIVAN
JAMES V. DEMERA III
P. 0. BOX 560
LODI. CALIFORNIA 95241-OS60
(20 91 334-514+
FAX (2091 333-1034
July 31, 1995
Richard C. Prima, Jr.
City Engineer
City of Lodi
P. O. Box 3006
Lodi, CA. 95241
John Luebberke
Assistant City Attorney
City of Lodi
P. O. Box 3006
Lodi, CA. 95241
RE: Richard Gallantine
901 S. Cherokee Lane
Dear Richard and John:
The purpose of this letter is to confirm one
aspect of our recent meeting. At that time, it was agreed
that we would continue the hearing before the City Council
on the issues of the mitigation fees and the applicability
of the dedication and off-site improvement sections while we
attempt to negotiate some type of resolution of our
disagreements.
At such time as we reach an impasse or are unable
to agree with regard to these issues, the matter will then
be put on the City Council hearing calendar. Hopefully, in
the meantime, we can reach a solution.
Please let me know immediately if this misstates
our agreement.
Thank you for your consideration.
Very truly yours,
MULLEN, SULLIVAN & NEWTON
by
STEPHEN C. SNIDER
SCS:sw
cc: Richard Gallantine
February 2, 1996
City Clerk
City of Lodi
P. O. Box 3006
Lodi, CA. 95241
RE: Appeal of Richard Gallantine
Dear Madam Clerk:
On July 31, 1995, my client, Richard Gallantine,
agreed to continue any hearing before the City Council on
the issue of mitigation fees or the applicability of the
dedication and off-site improvement sections of the City
Code while we attempted to negotiate some type of resolution
of our disagreements.
At this time, it appears we have reached an
impasse, and the purpose of this letter is to request that
the matter be put on the City Council calendar for public
hearing.
I would request that the matter be noticed at the
meeting on February 21, 1996, and the public hearing to
occur at the meeting on March 20, 1996.
comments.
Please let me know if you have any questions or
Very truly yours,
MULLEN, SULLIVAN & NEW -TON
by
STEPHEN C. SNIDER
SCS:sw
cc: City Attorney's Office
Public Works Department
Richard Gallantine
MULLEN, SULLIVAN & NEWTON
7HOMAS J. NEWTON
CRAIG
ATTORNEYS AT LAWO/ CL
CRAIG RASMUSSEN
ROBERTT H. M. MULLEN
STEP-EN C. SNIDER
IIII WEST TOKAY STREET C. M.'9UO- SULLIVAN
.TAMES V. OEMERA III
P. O. 80X-SGO
LOOI, CALIFORNIA 95241-OS60
(209) 334-5144
FAX 12091333-1034
February 2, 1996
City Clerk
City of Lodi
P. O. Box 3006
Lodi, CA. 95241
RE: Appeal of Richard Gallantine
Dear Madam Clerk:
On July 31, 1995, my client, Richard Gallantine,
agreed to continue any hearing before the City Council on
the issue of mitigation fees or the applicability of the
dedication and off-site improvement sections of the City
Code while we attempted to negotiate some type of resolution
of our disagreements.
At this time, it appears we have reached an
impasse, and the purpose of this letter is to request that
the matter be put on the City Council calendar for public
hearing.
I would request that the matter be noticed at the
meeting on February 21, 1996, and the public hearing to
occur at the meeting on March 20, 1996.
comments.
Please let me know if you have any questions or
Very truly yours,
MULLEN, SULLIVAN & NEW -TON
by
STEPHEN C. SNIDER
SCS:sw
cc: City Attorney's Office
Public Works Department
Richard Gallantine
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CERTIFIED Punic AccouNTANr
RICHARD CERESA
March 14, 1996
To Whom It May Concern,
Re: Richard Galantine
Rental 901 S. Cherokee Lane
Richard Galantine has been a tax client of mine since
1986 and I have prepared his Federal and State Individual
Income Tax from 1986 through 1994.
Attached is a copy of the Schedule E (Supplemental
Income and Loss - From Rental Property) for 901 South
Cherokee Lane, Lodi, Ca., that was attached to his 1994
Federal Income Tax Return (Form 1040). The information
used to prepare the Schedule E for 1994 for 901 S. Cherokee
Lane was provided by Richard Galantine.
I have not audited or reviewed the information provided
by the owner of the property in preparing the income tax
returns.
Sincerely yours,
Encls:
209 W:10th Street • P.O. Box 1004 • Tracy, CA 95378 • (209) 833-1819 • Fax (209) 833-1889
SCHEDULE E
(Form 1040)
Department of the Treasury
Internal Revenue Service
Supplemental Income and L _ ,s
(From rental real estate, royalties, partnerships,
S corporations, estates, trusts, REMICs, etc.)
►Attach to Form 1040 or Form 1041. ► See Instructions for Schedule E (Form 1
OMB No. 1545-0074
11994
Attachment
Sequence No. 13
Name(s) shown on return Your social security number
RICHARD AND RENEE' GALANTINE 573-80-6353
i'tP,artjl Income or Lass From Rental Real Estate and Royalties Note: Report income and expenses from your business of rentinc
personal property on Schedule C or C -EZ (see page E-1). Report farm rental income or loss from Form 4835 on page 2, line 39.
1 Show the kind and location of each rental real estate property: 2 For each rental real estate propertyYes No
-------------------------
A RENTAL PROPERTY — listed on line 1, did you or your
-------------
905 S. CHEROKEE LODI CA family use it for personal purposes JB X
B for more than the greater of 14 days
--------------------------------- --- or 10% of the total days rented at fair
C rental value during the tax year?
--—————————————————————————————— — — — — —— (See page E-1.)
Income:
3 Rents received ............................ 3
4 Royalties received.. 4
.........................
A
7,140
Expenses:
5 Advertising ...............................
6 Auto and travel (see page E-2) ................
7 Cleaning and maintenance ....................
8 Conunissions .............................
9 Insurance ................................
10 Legal and other professional fees ...............
11 Management fees ..........................
12 Mortgage Interest paid to banks, etc. (see page E-2)
13 Other interest....... .......................
14 Repairs ...................................
15 Supplies .................................
16 Taxes ....................................
17 Utilities ..................................
18►Plumbing_and_Electrical ---
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
5
6
7
8
9
10 1
110
11
12
13
14
15
16
1, 8 9 1
17
1,080
18
6 847
19 Add lines 5 through 18 ......................
20 Depreciation expense or depletion (see page E-2)..
21 Total expenses. Add lines 19 and 20............
19
9,928
20
2,204
21
113 2
C
Properties Totals
B C (Add columns A, B, & C.)
22 Income (toss) from rental real estate or royalty pro-
perties. Subtract line 21 from 3 (rents) or 4 (royalties).
If result Is (loss), see page E-2 to find out if you must
must file Form 6198 ................... . .... 22 —4,992
23 Deductible rental real estate loss ............... 23 ( 4,992
( )
24 Income. Add positive amounts shown on line 22. Do not include any losses.....................................
25 Losses. Add royalty losses from line 22 and rental real estate losses from line 23. Enter the total losses here .............
26 Total rental real estate and royalty Income or (toss). Combine lines 24 and 25. Enter the result here.
It Parts II, III, IV, and line 39 on page 2 do not apply to you, also enter this amount on Form 1040, line 17.
Otherwise, include this amount in the total on line 40 on page 2 ................................................ 26
For Paperwork Reduction Act Notice, see Form 1040 Instructions.
Schedule E (Form 1040) 199
12/31/94
Client 1399
1994 Federal Depreciation Schedule
RICHARD AND RENEE' GALANTINE
Page 3
573-80-6353
Date Date Cost/ Bus. Sec Basis Bonus DB Salvage Depr. Prior
No. -------Description ----- Acquired Sold Basis Pct. 179 Reductn Depr. Deprec. Value Basis Deprec. Method Life Rate Depr.
--- ------------ -------- -------- --------- ----- ----- ------- ----- --------- ----------------- --------- -------- ---- ------ ---------
ISchedule E - RENTAL PROPERTY
39 LAND - 901 SOUTH CHEROKEE 12/31/93 120,000 120,000 0
40 RESIDENCES -901 S. CHEROKE 12/31/93 60,617 60,617 SA MM 27.5 .03636 2,204
--------- ------------ ----- --------- ----------------- --------- ---------
Total Depreciation 180,617 0 0 0. 0 0 180,617 0 2,204
;Ole t ' ' rlf" '21) % Strc.l'ton, Caiiiornia 9 206
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INVOICE NO. 0019(95)
JOB NO. 95-012
DATE: May 25, 1995
Richard Galatine
821 "B" South Cherokee Lane
Lodi, California 95240
CONSTRUCTION INVOICE
Pave parking lot on prepared grade at the corner of Cherokee Lane
and Vine Street in Lodi, California as per Contract.
Contract Amount
Construction Completed
AMOUNT DUE THIS INVOICE
A/R This Invoice: $15,000.00
A/R Prev Invoice: -0-
1 Job LS $15,000.00
100% 15,000.00
$15,000.00
Terms: Payment due on or before June 1,1995. Late payment will be assessed
a 2% per month late fee. Mechanics Lien will be recorded 6/11/95 if
payment is not received thereby.
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.,rJ1:;;L1
�'.;t;ti_errrr•;
�on(riic:ors
;Ole t ' ' rlf" '21) % Strc.l'ton, Caiiiornia 9 206
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INVOICE NO. 0019(95)
JOB NO. 95-012
DATE: May 25, 1995
Richard Galatine
821 "B" South Cherokee Lane
Lodi, California 95240
CONSTRUCTION INVOICE
Pave parking lot on prepared grade at the corner of Cherokee Lane
and Vine Street in Lodi, California as per Contract.
Contract Amount
Construction Completed
AMOUNT DUE THIS INVOICE
A/R This Invoice: $15,000.00
A/R Prev Invoice: -0-
1 Job LS $15,000.00
100% 15,000.00
$15,000.00
Terms: Payment due on or before June 1,1995. Late payment will be assessed
a 2% per month late fee. Mechanics Lien will be recorded 6/11/95 if
payment is not received thereby.
IMAGE CHECK T CUMENT
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NAME: RICHARD GALANTINE
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