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HomeMy WebLinkAboutAgenda Report - November 2, 1994 PH (7)L OPP CIN OF LODI 0 COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Appeal from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024 Edgewood Drive MEETING DATE: November 2, 1994 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider an appeal from Gilbert and Betty Kampe regarding development requirements for the construction project located at 2024 Edgewood Drive and take the appropriate action. Staff recommends that the appeal be denied. BACKGROUND INFORMATION: In August of this year, Gilbert and Betty Kampe submitted a building permit application to the City for a new home on a vacant lot at 2024 Edgewood Drive. In accordance with various City ordinances, the Public Works Department responded to the application with a letter to the applicants and a memo to the Building Division listing development requirements. Briefly, the requirements were: 1. Install a cleanout on the sewer service (by developer); 2. Repair broken sidewalk (by developer); 3. Pay the wastewater connection foe ($2,823.75); 4. Pay for a water meter and service upgrade to accommodate the meter ($825.00); 5. Pay Development Impact Mitigation Fees ($8,431.50). The letter, memo and attachments aro included as the following exhibits: Note. The attachments Misr to additional attachments. To avoid duplication and contusion, notes have been added to the correspondence indicating the exhibit letters used in this report. Exhibit A - September 1 letter to Mr. and Mrs. Kampe This standard letter cites the reasons for the review and requirements. The major item, Development Impact Mitigation Fee:, is explained in the italicized portion. Exhibit B - September 1 memo to the Building Division This standard memo lists the development requirements, including fees. Exhibit C - Chapter 15.84 of the Lodi Municipal Code on Development Impact Mitigation Fees APPROVED THOMAS A. PETERSON City Manager %41 ,.crci.a POW 19' Public Hearing to Consider Deal from Gilbert and Betty Kampe Regarding Development Requirements at Prop" Located at 2024 Edgewood Drive November 2. 1994 , Page 2 Exhibit D - Development Impact Mitigation Fee Summary Sheet The bill referred to in the memo only indicates the total amount. The summary sheet shows the fee dation and breakdown among the eight fee categories. The Kampes responded with a letter dated September 6, attached as Exhibit E, questioning the requirements. The reply letter, dated September 15 from the City Engineer, is attached as Exhibit F. The Kampes sent another letter, dated September 19, which is attached as Exhibit G. We also met with Mrs. Kampe between September 15 and 19, discussed the issues and, hopefully, resolved some of them. The development requirements and discussions are as follows: 1. Install a cleanout on the sewer service On older wastewater services, cleanouts were not installed as they are now required (see Exhibit F. Page 3, fiat paragraph). This is a relatively small cost item, particularly if done along with construction of a new home, and we understand the Kampes are satisfied with our explanation and the requirement. 2. Repair broken sidewalk The City's Sidewalk Repair Policy has been debated many times by the City Council. The main issue with the Kampes seems to be whether or not this is the responsibility of the previous owner (see Exhibit F, Page 3, second and third paragraph, and Exhibit G, fifth paragraph). The requested sidewalk repair is one that did not show up on the last City inspection done a few years ago. We are not aware of any prior contacts with the property owner on this subject. The broken sidewalk is not one we would take action on other than requiring repair as part of a building permit. Again, although the Kampes may not be satisfied with this explanation, the cost will be less than $150.00 if done along with construction of a new home. & Pay the wastewater connection fee ($2,623.75) The fee of $2,623.75 is based on a three-bedroom home as was indicated on the building permit application reviewed by Public Works staff. The Building Department has since corrected the application to two bedrooms which will reduce the fee to $2099.00. This fee has been charged on new homes for many years. Again, we see no basis for waiving the requirement unless the Council wishes to change the ordinance and the entire funding mechanism for the Wastewater Treatment Plant. 4. Pay for a water meter and service upgrade to accommodate the meter ($625.00) Apparently the Kampes are satisfied with the meter charge although confused about the cost, as noted in their last letter (see Exhibit G, fourth paragraph). We have not been able to find anyone on staff who recalls talking to them about this item, but it is understandable why there would be some confusion since the cost depends on many individual VlQOZ,ED.00C MUM "! t fes" ., ... ,wa.,.. c•�ra .=^R��rt'`:w:vy.'l;�'!'.lrtk�.. Public Hearing to Consider AWmal from Gilbert and Betty Kampe Regat�ding Development Requirement$ at Property Located at 2024 Edgewood Drive November 2,1994 • Page 3 circxurlstancea, indudang the fact that the service size and meter size are often different. The typical circumstances and costa for a residential service are: • Complete now 1 -inch service with 3/4 -inch meter $ 875.00 • Upgrade 1-kich service fine and box with 314 -inch meter $ 725.00 • Upgrade 14nch service box with 3144nch meter $ 625.00 • Install 314 -inch meter in existing suitable service $180.00 Public Works staff will attempt to clarify these typical charges the next time the "Fee and Service Charge Schedule is updated. & Pay Development Impact Mitigation Fees ($8,431.50) This is obviously the major item of contention and there are two issues involved. The first is whether or not the fees are appropriately charged in accordance with the ordinance and the second has to do with the Kampes' and the previous owners' knowledge of the fees. The discussion on Development Impact Mitigation fees on the first page of Exhibit F describes the background and explanation for the first issue. The fee ordinance exemption for'projects in progress' (Exhibit C. §15.64.110 E.) provided the "transition" from vacant land subject to the fees to those that had already developed and paid the appropriate fees. The key was development approval and payment of the then -current imps: t fee, the Master Stone Drainage fee. The City collected this fee from, literally, dozens of parcels in the years prior to the adoption of the Development Impact Mitigation fees in 1991. Included in these was another vacant parcel on Edgewood Drive on which the owners built a new home. Thus, the precedent of collecting impact fees on parcels that were created many years ago has been set and practiced for quite some time. Changing the ordinance to provide further exemptions for this type of project would involve significant changes to the entire program and would need to be studied in detail by the consulting firms who helped the City establish the program in 1991. This could take several months to a year and would likely mean that the costs of additional facilities to serve these projects would have to be borne by the General Fund, which means all the taxpayers. Since adoption of the current impact fees in 1991, the City has collected fees from eleven parcels which were already partially developed and were adding new buildings or other improvements on vacant land. An additional two residential projects paid impact fees on lots in the older parts of town that were created by parcel maps utilizing vacant space on existing lots. The only exception that has been granted by the City Council involved two industrial parcels that had a unique set of circumstances. The Council report on that exception Is attached as Exhibit I. Finding 2. was the key item which referred to a letter specifically deferring impact fees that had already been billed. The Council made the findings as described and the owners subsequently paid the prior impact (drainage) fees. These circumstances do not apply to this case. Public Hearing to Consider ANial from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024 Edgewood Drive November 2. 1994 Page 4 The other issue involving knowledge of the fee is more difficult, although it probably has. no bearing on the fast issue. The Kampes and others involved in the sale of the lot apparently made some contacts regarding utility services. Various Planning and Electric U1111ty staff recap discussing problems with setbacks and easements, but no discussion about impad fees. While we continue to remind counter staff to mention possible connection and impact fees, is is possible that these can be overlooked when the conversation focuses on other building issues. This is not typical however. Building questions are routinely answered at On front counter and the customer referred to the Public Works Department for other fes and improvement issues. We also have a preliminary development checklist (the "pink sheet") that would have revealed these issues if the Realtor or contractor had requested one from the Public Works Department. Just this week we responded to questions from a contractor on another vacant parcel on Edgewood Drive and have also spoken to the Realtor. The thorough review process that generates detailed requirements can only be done when the applicant presents detailed pians for a building permit or some special review. SUMMARY: The City's Development Impact Mitigation Fee ordinance is clear that this project is subject to payment of fees. Staff has been consistent in the application of the fee ordinance and has charged many projects upon development of vacant land within the older parts of the City. We see three possible courses of action: 1. Deny the appeal as recommended; 2. Direct the City Attorney to further review the matter although his preliminary review found no basis to support the appeal; 3. Direct Staff to work on a modification to the fee ordinance to exempt this type of project which would entail a new fee study. FUNDING: To be determined if needed. 9L.Ronsko orks Director Prepared by Richard C. Prima, Jr., City Engineer JLRJRCPAm Attachments CC' Gilbert and Betty Kampe City Attomey P"M4Eo.00c 10MM CITY COUNCIL )ACK A. SIEGLOCK. Msya CITY OF L O D I STEPHEN ). MANN MaMor Pro Tempore CITY HAIL. 221 WEST PINE STREET RAY G. DAVENPORT P.O. BOX 3006 PHILLIP A. PENNINO LODI. CALIFORNIA 95241-1910 JOHN R. iRandq) SNIDER QW) 334.5634 FAX 120" 133.67" September 1, 1994 Mr. and Mrs. Gilbert Kampe 2925 Rockford Avenue Stockton, California 95207 SUBJECT: Construction Application #7926 2024 Edgewood Drive, Lodi. California LEXHISITA =01m cievhUmJ IENNIFER M PERRIN City Clerk NOR XICNATT Cah Attarerlr Your construction application has been reviewed by the Public Works Department for conformance With City off-site improvement and dedication requirements. This review is required by the Lodi City Municipal Code (Chapter 15.44) when the valuation of the proposed work exceeds $27,400. The requirements are described on the attached E%W64 8 sheet which has been forwarded to the Building Division for inclusion in your permit. The CONSTRUCTION REQUIREMENTS and FEES sections will be handled by the Building Division in conjunction with the issuance of your Building Permit. Payment of Development Impact Mitigation Fees is also required on this project. Although this lot was created in 1967, the development impact mitigation fee ordinance allows fee exemptions only for those parcels which have paid previous mitigation fees (§15.64.110). Our records indicate that no mitigation fees have been paid on this lot. A copy of Lodi Municipal Code Section 15.64 which covers development impact mitigation fees is enclosed for your information. xhi bI� C Due to the amount and detail of the impact fee calculation, a separate billing has been prepared and is attached to this letter. Payment is requk ed prior to issuance of your building permit. Exl,i6i4 D The work listed under the ENCROACHMENT PERMIT section requires that your contractor obtain an encroachment permit from the Public Works Department for the items indicated. There is no fee for this permit. The encroachment permit should be obtained at the time of issuance of the building permit or as soon thereafter as possible so as not to delay your project. Should you have any questions, please call me at 333-6800 ext. 659. Sharon A. Welch Associate Civil Engineer cc: Building Division Mid -Cal Contractors . . M61L.00C • EXHIBIT B MEMORANDUM, City of Lodi. Public Works Department To: Chief Binding Official From: Associate Civil Engineer - Development Services Date: September 1. 1994 Subject: Construction Application #7926 2024 Edgewood Drive, Lodi, California CONSTRUCTION REQUIREMENTS: Please add the following construction requirements to the Plans and the Building Permit for the subject project: • Install a cleanout conforming to Standard Plan 201 on the sewer service. • Repair broken sidewalk (appro)imately 6'). Sidewalk repairs to conform to Standard Plan 117. See Encroachment Permit Section below. FEES: Please collect the following Public Works fees at the time of issuance of the Building Permit: • Wastewater Connection Fee for 1.25 SSU's ($2,623.75). • Water Service Charges for work by City: $500.00 for water service upgrade to include meter box. • Water Meter Installation by City: $125.00 for %-inch water meter. • Development Impact Mitigation Fees are required for this project. See Addition Items section below. ENCROACHMENT PERMIT: The following work is a condition of the Building Permit and should be marked on the Plans. The work is to be done prior to occupancy under the terms of an encroachment permit from the Public Works Department: • Repair damaged sidewalk as indicated above under Construction Requirements. ADDITIONAL ITEMS: The following additional items are required of the project and will be handled by the Public Works Department: • Development Impact Mitigation Fees are required on this project. A separate billing has been issued for these fees. The fees need to be Paid Drior to the issuance of the building permit. Mef,00c Sew" 8ua tq Omcko September 1. 1994 Page 2 Please notify the Development Services Section when the fees to be collected by the Building Division are paid. Thank you, 'Oa� Joe. J4.0e, Sharon A. Welch Associate Civil Engineer r Mr. ii; Mrs. Gilbert Kampe Mid -Cat Constructors mes.noc 15.60-M ssacea, cause find on of vie:dmkWon of Ile public, at conflict with a dsft foal IM of ordi nnoes. 8 variances may be issued for new construction and anbdwM imptovements and for oiler development necesmy for the conduct of a functionally dependent on provided that the provisions of Section iS.60:190(C� are and that the s W o- ttme or other development is protected by metbods that minimize flood damages dw- ing the base flood and sate no additional threats, to public softy. F Any appHcW to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the mguta" flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. A copy of the notice shall be recorded by the flood- plain board in the office of the San Joaquin County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. 1426 (panty 19M Cbepter 15.64 DEVELOPNIENP 1WACT MIZZGATION FEES sed w. L3.64.010 Findings and purpose. 15,64.020 Definitions. 15A4.00 Development Impact funds. 15,64.040 Payment of fees. 324.16 M4.050 Adoption of study, program atad fees. 15.64.060 CakttW= of hos. 15.64.070 Reddentlidum 15.64.0'0 egwvakut fitctotr. Credit and --thr 15.64.090 ao tHots of taatilOM Otber 16A4.100 and mrity. Fiudinge ngwdbg use of hes. ISAU10 Flee evoemptions. 13.64.120 Fee adjustment or waiver. - ISA4.130 Appeal procedmtre. 15.64.140 Severability. 15.64.010 Findings and propose. Ile council finds and declares as fol- lows: A. In order to implement the goals of the City of Lodi's general plan and to mid - gate the impacts caused by new develop• meat in the city, certain public improve- ments must be or bad to be contacted. The city council determines that develop• meat impact mitigation fees are needed to finance tbese public improvements and to pay for new developments' fair sbare of the wast action costs of these improvements. In establishing the fees descri1W in this chapter. the city council finds the fees to be Content with its general plan an4 pursu- ant to Government Code Section 65913.2, has considered the effects of the fees with respect to the city's bousing needs as estab. fished in the housing element of the general plan. B. The purpose of this chapter is to Implement the general plan requirements set forth in this subsection wad subsection A of C - JW C 15.64.010 this section and to impose mitigation fees to of Lodi Development Impact Fee Study fund the cost of cenabt facilities and servic- prepared for the city by Nolte and Assod- es. the demand for which is directly or ates and Angus McDonald & Associate& 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 deck. The calculation of under the authority oft the fee is based upon the fittdings in the 1. The police power of the city gnutted referenced study. corder Article )M Section 7. of the Callfor F. New development will generate new ria Constitution: demand for facilities which must be acoom- 2. The provisions of the California modated by coaswction 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 mita- varies according to kind of use. Therefore, Sale envirortmental impa= a "residential acne equivalent" (RAE) factor 3. The provisions of the California was developed to convert the service de - Government Code regarding general plans mand far general plan based land use cate- at Section 65300 et seq. including but not gories 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 devel- ter to require that adequate provisions ate C 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. 1518 § 1 (part), reasonable relationship between this fee and 1991) the various types of new developments; and set forth time for payment. Adoption of 1S-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 ine-lud- 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 tt.d. 7.471 tM 15.64.020 that the area of new dedicated street right- of-way in excess of thirty-four feet ort one side of a strut shall not be incladed in » wase. B. "Building permit" means the permit issued or regWmd for the constnictim improvement or remodeling of arty structure pursuant to and as defined by the city build- ing code. G "Costs" means amounts spenk or authorized to be spent, in connection with the planning. financing, acquisition and developmdat 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. parks 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 (loth 7.922) 320-18 similar uses betweert 7.1 and twenty units Per 8>ou a= 3. Iii ty tesidential. Multi-thmily residential units. group quarters. and similar uses between 20.1 and thirty units per gross acre: 4. East Side Residential. This designa- tion reflects the city council's adoption of Ordinance No. 1409. This designation pro- vides for single-family detached and at- tached homes. secondary residential units. and similar uses not exceeding seven units per gross acre; S. 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 pian. 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 usm 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 not exceeding 0.50: r� 9. Heavy Industrial. Manufacturing. processing. assembi ft rmease t. wholesale and storage uses, trucking lerminAls6 rail toad facilities. and similar uses with a floo#hra ratio trot exceeding 0.50: M PublicJQuasi-Public. Government- owned overnmentowned facilities. public and private schools. and quasi -public uses such as hospitals and cbjrdtes with a floor/am ratio not exceed- ing 0.30. The appropriate residential acre equivalent factor for these uses shall be determined on a case*,case basis by the public works director. G. "Program fee per residential acre egtdvaterC means the total program costs, for a particular category of facility divided by the total cumber of residential acre equivalents and adjusted for price changes up to the year of construction and for the C cost of financing. as identified in the City of Lodi Development impact Fee Study or subsequent update for that particular catego- ry. H. "Residential acre equivalent factor' (RAE) is a conversion factor used to reflect the service demand for each land use, with respect to the same characteristics for a low-density, single-family detached dwell- ing unit zoned in a residential zoning cate- gory CR -LD" low-density) based on the city general pian, (Ord. 1547 § 2. 1992: Ord. 1518 11 (part). 1991) 15.64.030 Development impact funds. A. 'lice city finance director shall create in the city treasury the following special interest-bearing trust funds into which all amounts collected under this chapter shall be deposited: 1. Water facilities: 2. Sewer facilities: 15.64.020 L General sewer facilities. b. Keeleman Lane lift stadtm. c. Hannay Latta lift station. d. Chuff Avenue lift station. 3. Storni drainage facilities: 4. Street improvements: 5. Police facilities; 6. Fire facilities; 7. Parks and recreation facilities; 8. General city facilities and program administration. B. The fees shall be expended solely to pay the costs of facilities (including interest on interfund loans) or to reimburse develop- ers entitled to reimbursement under this chapter. The funds for the categories Iisted above shall be kept separate. For purposes of this chapter. they are referred to in ag- gregate as the "development impact fee fund." G The city manager shall have the authority to make loans among the develop- ment impact fee funds to assure adequate cash flow. Interest charged on each loan shall be the same as the rate earned on other city funds. (Ord. 1518 § I (part). 1991) 15.64.040 Payment of tees. A. The property owner of any develop- ment project causing impacts to public facilities shall pay the appropriate develop- ment mitigation fee as provided in this chapter. The amount shall be calculated in accordance with this chapter and the pro - grain fee per residential acre equivalent as established by council resolution. B. When such payment is required by this chapter, no final subdivision map, building permit or grading permit shall be approved for property within the city unless the development impact mitigation fees for 320-19 ola& 7.42i �J 15.64.040 fiat property are paid or guaranteed as provided in this chapter. G Me fees shalt be paid before the approval of a Sral subdivision m* build - Ing permit or gig permit. whichever occurs first except as provided in subsection E of this section. D If a final subdivision map has been issued bdbre the effective date of the ordh- nance codified in this chapter. that the fees dull be paid before the issuance of a build- ing permit or grading permit. whidtever comes Sat cups as exempted under Sec- tion ISAU 10 of this chapter. E. Where the development project includes tate installation of public improve- ment& the payment of fees for Police. Fin„ Parks and Recreation and general city facili- ties and program administration may be deferred and shall be collected prior to acceptaaoe of the public Improvements by the city council. Payment of all deferred foes shall be guaranteed by the owner prior to deknai. Such guarantee shall consist of a surety bond. Instrument of credit, cash or other guarantee approved by the city attor- ney. (Ord. 1526 f 2. 1991: Ord. 1518 1 1 (Parti 1991) 1S.64.M 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 deans it appropriate. and may amend it by resolution at its discretion. 0. The city council shall include in the city's annual capital improvement program OAS r.+n 320-20 boas from the development impact fee lltnds for appropriate project. G Except for facilities approved by the public works director for construction by a property owner tinder Section 15.64.080 or as shown in the annual capital improvement program, all facilities shall be constructed in &=rdance with the schedule established In the development impact fee study. D. The program fee per residential area equivalent (RAE) shall be adopted by reso- ludan and shall be updated annually. or more frequently if directed by the city coun- cil. by resolution after a noticed public hearing. 7be 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 11 (part). 1991) IS.64.060 Calculation of fees. A. The development impact mitigation fees required under Section 15.64.040 are calculated as follows: C F=PxRAB T•AxF where: A a apage. computed to die west QOl F = fee per acre per lard use category per do ddbddons in this dapter. rounded to the Nearest ten dollars; P = program fee per residendal acre equiva- ka as estabtishcd by resolution and RAE •the naidesdal we equivalent ¢tAE) factor for the appropriate land use category (see Secdon 15.64.070): 320-20a lqw 15.64.060 ILO& i -Wb INDUSTRIAL 320-21 d.41 .xc. !1.64.060 T a the meal mitigation fee for each catego- ry of pttbiia f aty. H. The calculated fees ale subject to adjusunent par Section! 15.64.120 of this code. (Or& 1518 11 W).1991) 13.64.070 Residential acre equivalent factor. A. Me residential acre equivalent factor is based on do development impact fee study. H. me lesideldai acre equivalent ptAl1) facmis ale as set out in the fouow- ins table. . Storm General Land Use Water Sewer Drainap Streets Police Fire Parks & ratilities Catesmies RAS RAS RAE RAE RAE RAS Recreation RAE RAE RESIDENTIAL Low Deasky 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 CMedium Density 1.96 1.96 IAO 1.96 1.77 i.% lA3 lA3 Hi6t Density 3A9 3A9 1A0 3.05 4.72 432 2.80 2.80 Fast Side Raden<ial 1.00 1.00 1.00 1.00 1.09 1.10 1.10 1.10 PLANNED RESIDENTIAL Low Dewity 1.00 1 AO 140 1.00 1.00 1.00 1.00 1.00 Medium Datsity 196 1.96 1.00 1.% 1.77 1.96 1.43 1 A3 fish Density 3A9 3A9 1.00 3M 4.72 432 280 2.80 COMMERCIAL Rets) Comma. Ciel 0.64 0.94 1.33 2.08 4.12 2.69 0.32 0.89 Office Commercial 0.64 0.94 1.33 3.27 3.72 2.46 0.34 1.53 INDUSTRIAL 320-21 d.41 .xc. v®► 15.64.070 (Ord. 1547 13.1992; Ord. 1518 11 (part), 1991) 1S.64M Credit and reimbursement fbr construction of facilities. A. Corntntction 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 thereof. 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. 71e 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 perfonnance of the construction before credit is given. 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 amountof 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 compieted under this study. B. Construction of Facilities Prior to Program Year. I. 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. The property owner shall be reimbursed from the appropriate develop. ment impact fee fund at the end of the year .. ... .... '... ...,._.......�........w .+.�.. wwv..iM•+ynORI.MMIe'.Y."A�'dAM!iT�7�XN4i"I �)!'v ... Storm Cas" 1AW Use Water Sewer Draimp Surf: Pella Fin Parks & FWWdW Gterni s RAS RAS RAE RAE RAS RAS Reereatba RAE RAS INDUSTRIAL Licht to omiat 0.26 OA2 133 2.00 030 0.64 0.23 0.64 heavy ladmaid 036 OA2 133 1.27 0.19 0.61 0.33 0.93 (Ord. 1547 13.1992; Ord. 1518 11 (part), 1991) 1S.64M Credit and reimbursement fbr construction of facilities. A. Corntntction 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 thereof. 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. 71e 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 perfonnance of the construction before credit is given. 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 amountof 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 compieted under this study. B. Construction of Facilities Prior to Program Year. I. 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. The property owner shall be reimbursed from the appropriate develop. ment impact fee fund at the end of the year .. ... .... '... ...,._.......�........w .+.�.. wwv..iM•+ynORI.MMIe'.Y."A�'dAM!iT�7�XN4i"I �)!'v ... M ls.6aaso hi which the project is planned tuber the of the year of reimbtusemertt (Ord.1518 f WAY program year. Zito reimbursable i W). 1991) mount atoll be the estimated coact of the facility as determined in ttnbsation A.1 of MMA90 Other authority. this section. With specitic approval of the This chapter is intended to establish a couricil.reimbursementmay occur alter the suppleme ntaal method for oohing the coat of year in which the project is planted. if in certain facilities and servicm the demand the opinion of the public worts director, the for which will be generated by the level and delay is nary to assure the orderly type of development proposed in the city implem on of the city capital improve- general plan. The provisions of this chapter mast program. • shall not be constmed to limit the power of 2. To impkmet>< subsection t3.1 of this the city council to impose any other fns or sectim the property owner and the city exactions or to continue to impose existing shall first enter into a reimbursement agree- ones on development within the city. but meat. In addition to its other teens. the shall be in addition to any other require - agreement shall provide that: meets which the city council is authorized a. The general furb of the city is not to impose. or has previously imposed. as a liable for payment of any obligations arising condition of approving a pian. rezoning or from the agreement; other entitlement within the city. In particu- b. Zbe credit or taxing power of the lar. individual property owners shall remain city is not pledged for the payment of any obligated to fund. construct. and/or dedicate obligations arising from the agreement; the improvements. public facilities and other e. The land owner shall not compel the exactions required by. but not limited to, exercise of the city taxing power or the the city code. public improvement design forfeiture of any of its property to satisfy standards and other applicable documents. any obligations arising from the agreement; Any credits or reimbursements under Sec - d. The obligation arising from the tion 15.64.080 shall not include the funding, agreement is not a debt of the city. nor a construction. or dedications described in this legal or equitable pledge, charge. lien. or section. (Ord. 1518 $ 1 (part). 1991) encumbrance, upon any of its property, or upon any of its income. receipts or neve- 15.64.100 findings regarding use of trues. and is payable only from the fees fees. deposited in the appropriate city develop- A. As required under Government Code meat impact fee fund; Section 66001(d). the city shall make find - e. The reimbursable amount shall be ings once each fiscal year with respect to increased annually to include an amount any portion of the fee remaining unexpend- attributable to interest. This amount shall be ed or uncommitted in its account five or based on the change in the Engineering more years after deposit of the fee. to iden- News Record 20 Cities Construction Cost tify the purpose to which the fee is to be Index from the January 1st index of the put and demonstrate a reasonable relation - year of construction to the January Ist index ship between the fce and the purpose for which it was charged. 320-23 pari 1.923 15.64.100 B. AsmptiredunderGovemmentCode Section 66001(e). the city shag mAmd In therm Plirecord owneron a prorated batsis die unexpended or uncommitted porton of the Lee, and any interest accrued thereon, for which need carrot be established. (Ord. Isla 11(part). 1991) ISA4110 Fee exemptkin& The following developments an exempt from payment of fees described in this A. City projecM B. Projects constructed or financed under this chapter. C. Reconstruction of, or residential additions to single-family dwellings, but not Including additional dwelling units; D. Property which has paid a master storm drain fee pursuant to Resolution 3618 or Ordinance No. 1440 is exempt from payment of the storm drainage Impact • fee except for changes in land use as described in the fee resolution. E. Additional exemption for development projects in progress: 1. A project on a parcel (or portion of a parcel) which has, on the effective date of the ordinance codified in this 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 developmau impald 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; a..« t -M 320-24 0 b. An approved final subdivision or paw map; c. An approved use permit what no map wuw9dred; d. An approved public Improvement agreement. nt. 3. The exemption under this subsection shall not apply to changes in land use, pursuant to subsection D of this section for storm ftinage impact fees. 4. The exemption under this subsection shall apply on projects which include a change in land use to a none intensive use as defined in this chapter only to the extant 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. 1526 1 3. 1991; Ord. 1518 1 1 (part). 1991) 1S.64.120 Fee adjustment or waiver. A. The owner of a project subject to a fee under this chapter may apply to the public works director for an adjustment to or waiver of that fee. The waiver of this fee shall be based on the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed. B. The application for adjustment or .waiver shall be made in writing and filed with the city clerk no later than ten days after formal notification of the fee to be charged. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver. C. It is the intent of this chapter that: 1. The land use categories are based on general plan designations which ars an average of a wide range of specific land n uses: than substantial varisdon must be shown In oder to justhr a fee adjustment: 2. go pnbiic woos is p non may c alm- late a fee mW t regnhe adddoand Improve- ments where the service demand of a panto- alar Imd rise ehtceods die standards dxMn in die detnit u or need in dete muting die improvements needed ander dna flee pro - V= 3. The he categories shall be consid- ered bWivid=ly; thea it may oem that a fee adjustment or waiver is made in one category and not anotbert and 4. Where improvemahb providing capacihr for die subject parcel have already been eontuuctK a downward adjustment of the fee is not appropriate. D. The public works director shall consider die application at an informal hearing held within sbay days after the C filing of the fee adjustment or waiver appli- cation. The decision of the public works director is appealable pursuant to Section 15.64.130 L The applicant beats the burden of proof in presenting substantial evidence to support the applic adon. Me public works director shall consider the following factors in its determination whether or not to ap- prove a foe adjustment or waiver: 1. The factors identified in Section 66001: L T1he purpose and proposed uses of the fee. b. Tine type of development. 320-24a L 15.64.120 a" I -M G a The relariooslnp between the fee's use and type of development, d The need for improvements and the type of development, ad e. The amount of do fee and the por- tion of it attrrbaalb to the development; and 2. The substance and nature of the evidence including the development impact fee sturdy and the applicant's tectorial data supporting its mpest. The applicant mast present comparabletechnical information to show flat the fee is inappropriate for the particular developmeat. (Ord. 1518 1 1 (part), 1991) 15.64.130 Appeal procednra A. The public works director is respon- sible for administerirs& collecting, crediting. C s4#ustiag, and reftmding development fees. A decision by the public works director regarding a fee imposed tinder this chapter is appealable in accordance with this sec- tion. A person seeking judicial review shall first seek an appeal tinder this section. R AF -son appealing a decision under this chapter shall file a request with the public works director who is responsible for processing the appeaL The appeal shall be in writing, sating the factual and legal grounds, and shall be filed within ten oleo- der days Mowing the decision of the pub- lic wort director being appealed. C The public wrecks director shatl notify the city manager of the appeal. The city u oager shag set the matter for hearing before the city council and notify the person appealing len writing of the time and place. D. lbe car council shall conduct the hearing, prepare written findings of fad and a written decision on the matter, and shall preserve the complete administrative record 15.64.120 of the proceeding. The council shag coni a all relevant evidence presented by the' appellant, the public wales director or other Interested party. 8 The decision of the city eotmW is Bak it is tevkwabk by a court neer Code of avg Procedure Section 10946. F The city adopts the Code of Civil Fmcedom Section 10946, for the purposes of judicial review under this section. A petition seeking teview of a decision under this chapter shag be Sled not later than the ninetieth day following the date on which the decision of the baring officer becomes final. (Ord. 1518 f 1(put), 1991) 1SAC140 Severability. If any provision or clause of the ordi- nance codified in this chapter or the appli- cation thereof to any person or circwnstana es is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be imple- mented without the invalid provision or clause or application, and to this end the provisions and clauses of the ordinance codified in this chapter are declared to be severable. (Ord 1518 f 1(part� 1991) 320-25 (t" 3491) EXHIBIT D •. CITY OF LO D' Development Impact Mitigation Fee PUBLIC WORKS DEPARTMENT Summary) Sheet subdivision: Lakewood Unit No. 4 n/a Na Mune Tract 8 Fit Parcel: 2024 Edgewood Drive, Lodi, CA 79" Address Const. Apel. 0354094-0013 " If Devetop.►rowner. Mr. and Mrs. Men Kampe 11- 2925 Rockford Avenue, Stockton, CA 95207 Address Project Description: 8i4o-Family Residence GP Land Use Category: R-1 Parcel Project Of different) Fee Category Account # P I RAE Ad'. I F A T 1) Water Facilities 60.1-661 ! 5,690.00 1.00 $ 5.690.00 0.21 ! 1.194.90 2) Sewer Facilities - General 60.2-661 ! 1,060.00 1.00 $ 1.060.00 0.21 ! 222.60 - Uft Station :. 77 '•�:=:'+::: + 3) Storm Drai Facilities 60.3-661 ! 7,630.00 1.00 $ 7.630.00 0.21 ! 1.602.30 41 Street WMrovernents 60.4-661 ! 5,440.001 1.00 1 $ 5,440.00 0.21 4 1.142.40 51 Police Protection Facilities 60.5-661 ! 1,130.00 1.00 $ 1,130.00 0.21 ! 237.30 6) Fire Protection Facilities 60.6-661 ! 540.00 1.00 $ 540.00 0.21 ! 113.40 7) Parks & Recreation Facilities 60.7-661 ! 11,830.00 1.00 $ 11.830.00 0.21 ! 2.484.30 8) General City Fac. 6 Prog. Admin. 60.8-661 ! 6,830.00 1.00 ! 6,830.00 1 0.21 ! 1,434.30 P - Program Fee per Residential Acm Equivalent (RAE) per Resolution 91-172. Total 1-8: $8,431.50 RAE - Residential Acre Equivalent per LMC 115.64.070, unless adjusted. due prior to project approval Adj. = Checked if RAE is adjusted, sea Notes below. F Fee per acre frounded to nearest !10.00) . P x RAE. A Gross acreage per LMC 115.64.020A 6 15.64.060 (rounded to nearest 0.01 acre). T Total Fee for service category - A x F. A�/ r aY: Approved: �l.) l Record 9: Data (filled: 911/94 / Date Paid: Was category 1 thru 8) Gilbert and Betty Kampe 2925 Rockford Avenue Stockton, California 95207 September 6, 1994 City of Lodi P. O. Box 3006 Lodi, California 95241 � EXHISIT.;E11 1994' Attention: Sharon A. Welch, Associate Civil Engineer RE: YOUR LETTER OF SEPTEMBER 1, 1994, MR. AND MRS. GILBERT KAMPE CONSTRUCTION APPLICATION NUMBER 7925, 2024 EDGEWOOD DRIVE, LODI. CALIFORNIA - MITIGATION FEES AND CONSTRUCTION REQUIREMENTS Ms. Welch: This date we received the above referenced letter via U.S. Mail, to say we were very surprised, appalled and shocked at the assessment of the Mitigation Fees is a gross understatement. Additionally we were surprised at the Construction Fees and Requirements. FIRST WE WILL ADDRESS THE MITIGATION FEES: In February of this year prior to the purchase of the property located .at 2024 Edgewood Drive, Lodi, California, we were assured by one of the sellers Theodore Hutz that all services, water, sewer, telephone, electric and gas were all on the property and available for connection. The property listing showed all of these items as well as sidewalks, street lights ect. (copy included). Even though we were assured by Mr. Hutz as a condition of the sales contract prier t,:., ecinpleting the sales agreement we made inquiry of the City of Lodi. On February 15, 1994 a message was left at the City of Lodi. Dave Comer. Mr. Comer returned the :all and at that time we asked him about all of the services, water, sewer, electric ind gas, whether these services were on the F-rvperty available f, --.r connection and what if any charges for them would be due. We were directed to Pacific Gas & Electric for information re-garding the availability of the gas. Mr. Comer said he would get back to us with the information we requested but it iniaht. ?-•e a E._w jays. :ve were called 11--ack :n three ( 3 ) days attar a sir. r• .inspecti_-n c•y -.h.-- City vE Ludi and advised that. water, sewer and eleetri were ::tr- `ht. - property aad availal,le for connection. iiowever, we would have to Pay for water meter, the coat for a 1" meter would be Nine Hundred Dollars ($900.00). September 6, 1994 City of Lodi Page 2 Mr. Maiciel Fernandez of Pacific Gas & Electric, after site inspection advised us of the gas location. Both of these gentlemen were very helpful. We were also advised by Lodi Unified School District of the School Tax Fee, the amount to be Two Hundred Dollars (!200.00) per bedroom. When we were advised of the water meter charge we made a request, through our Real Estate Agent for the Sellers to pay this fee. Mr. Theodore Hutz,one of the sellers, refused on the grounds that no other homeowner in the Lakewood Area had been required to pay or have a water meter installed. We continued to stand that the charge for the meter should be the responsibility of the sellers as they guaranteed us that all the utilities were on the site and ready for connection. Our real estate agent, Mandy Gerlack called the City of Lodi to verify the water meter charge and was told the cost would be Five Hundred Dollars ($500.00). Mr. Hutz was adamant in refusing to pay for the meter and suggested that we close and sue him in small claims court. We decided to continue the sale and sue him for the cost of the meter when or if were required to install one. Why are these fees being charged now, without the new property owner having any prior knowledge? Section 15.64.040 Payment of Fee, why have none of these conditions been met? Several Owners, no payments made, did any of these Owners have knowledge of these Fees? The Title Search conducted for Hutz and Kampe earlier this year showed no report of any Mitigation Fees. were Fees missed by Chicago Title Company? Why were we not advised of Mitigation Fees by the City of Lodi when we inquired in February of this year? Are Fee costs based on the rate due in 1967? We feel that we ;Wade every effort to find out any cost: that might be dugs prior to the purchase of the property located at 3024 Edgewood Drive, Lodi, California. We would not have purchased this property if these facts were known to us as we already had another :.-.~ in escrow and were waiting for the completion of the 31;bd:viLion.*'ur P.,udgtom~. for ��,Jnztruotion did a�_.f,. lncltide these casts and we are not in a p-:,sition to pay them. .�ECi�tJL WE wALi. nLDRESS rEE How is the Wastewater Connection Fee developed 0 September 6, 1994 City of Lodi Page 3 0 THIRD WE WILL ADDRESS THE CONSTRUCTION REQUIREMENTS: Why would a new property owner be required to repair a broken sidewalk, broken long before we considered the purchase of this property? Are the sidewalks in Lodi maintained by the property owner? If so this should be a cost to a prior Owner. This sidewalk could have been broken by City Crews working on the utilities, the Utility Company or the Fence Company erecting the fence for the City or anyone driving a heavy vehicle over it. Is the waste water cleanout the responsibility of the Lodi property Owner? Typically the city provides the waste water cleanout and the Owner is responsible to come in and connect behind the waste water cleanout. We appeal these Mitigation Fees and ask for your prompt response to questions addressed in this letter. Sincerely, M K._"' Betty Kampe C.C. City of Lodi Building Department Kid -Cal Constructors Chicago Title Company Fortune Realty, T. Huta •...4..�.,.�,w-.,..........«�.-..........._...-....,.�+»+.w..�.n..+.,...:na�nwiv:�rad^ae�:.., ,��.,r., �;x :�;.ia,��v 3' CITY COUNCIL IACK A. SIECLOCK, Maya STEPHEN I. MANN Maya Pro Tempore RAY G. DAVENPORT PHILLIP A. PENNINO IOHN R. (Randy) SNIDER 1. CITY OF LODI Mr. and Mrs. Gilbert Kampe 2925 Rockford Avenue Stockton. Caldomis 95207 CITY HALL, .21 NEST PINE STREET P O. BOX 31x16 LODI. CALIFORNIA 952.11.19111 (2119) 334.5614 I Al (:1P11 I I I -h, 9% September 15. 1994 SUBJECT: Construction Requirements and Fees Construction Application 97926 2024 Edgewood Drive, Lodi, California EXHIBIT'F ! ♦%II I K M PI KKI%' 01% % N•fA The purpose of this letter is to respond to the questions and comments contained in your letter dated September 6, 1994, regarding the construction and fee payment requirements for the subject project Copies of our memorandum to the Building Division and letter to you dated September 1,1994, which set forth the requirements, are attached for sass of reference. We will start by addressing the development Impact mitigation fees and move on to an explanation of the Public Works fees and construction requirements. Development Impact Mitigation Fees Development Impact Mitigation Fees were adopted by the City Council in November 1991. The fees are based on the type of development (residential, commercial, Industrial) and consist of eight categories: water, sewer, storm drainage, streets, poke, fire, parks and remation and general city facilities. These fees are collected at the time of subdivision map filing for new subdivisions and at the time of building permit Issuance for existing lots in subdivisions which are subject to the fees. Prior to the adoption of the current fees, mitigation fees consisted of a fee for storm drainage which was instituted in 1972. Subdivisions developed after 1972 were required to pay this fee at the time the subdivision map was filed. Any unimproved lots In subdivisions developed prior to 1972 were required to pay the storm drainage fee at the time of building permit issuance. At the time the current mitigation fees were adopted there was much discussion regarding payment of fees on unimproved parcels within existing subdivisions. The City Council decided that those developments which had approved maps and had paid the prior mitigation fee (storm drainage) prior to adoption of the current fees, would be exempt from the new fees. This decision is embodied in the Lodi Municipal Code (LMC) in Chapter 15.64 which was provided to you with our original correspondence. The Council decision was made with the realization that there would be unimproved lots In subdivisions developed prior to 1972 which would be subject to the current mitigation fees. Your lot falls into this category. t �h Vtorn.q LxV, Ws 194A fXk;W C Mr, and Mrs. Gilbert Kamps September 15.1ti94 Paps 2 Public Works Fess The Public Works fees to be collected Include charges for wastewater connection, water service upgrade. and water meter installation. Sinus the charges for these services are dependent upon the type of hcprovements to be made on the parcel, they are not collected ung a construction application and plans have been submitted. The amount of the wastewater connection fee for residential property is based on the number of bedrooms in the residence. The fee schedule for this service is approved and adopted by the City Council. The fees are based on sewer service units (Mrs) with a two bedroom house representing one SSU. The fees increase by 0.25 SSU's for each additional bedroom. The information provided by the Building Division indicated that the proposed residence will have three bedrooms. Thus the wastewater connection fee of $ 2,623.75 for your project is based on 1.25 SSU's. Each SSU is $2,099.00. The existing water service for the subject tet does not most current city standards. The service therefore creeds to be upgraded to meet current standards in conformance with LMC Chapter 15.44 which is discussed below under Construction Requirements. The upgrade consists of installing a meter box and the necessary valving to accommodate a water meter. This work is performed by City crews. Per our published fee schedule, the cost to upgrade a 14nch water service is $500.00. Monthly charges for residential water use are currently a flat rate based on the number of bedrooms in the residence. However, due to the severe drought conditions experienced in California in the recent past, the establishment of a residential water meter program has been mandated by the State. In order to meet this mandate, the City is requiring that all new residential construction pay for the installation of a water meter. The charge for a Va-inch water meter in conjunction with a water service upgrade is $125.00. Metered nates for residential water use will be instituted at some time in the future, but a projected timetable for this change has not yet been adopted. Construction Requirements As stated in our letter to you, Lodi Municipal Code (LMC) Chapter 15.44 requires review for off-site improvement requirements whenever the valuation of the project work exceeds $27.400.00. A copy of this section of the code was not included with the E16;64 H E original paperwork, but is attached for your review. Section 15.44.050(D) states that existing improvements that do not meet existing city standards shall be reconstructed to current city standards. The installation of the sewer cleanout in conformance with Standard Plan 201, the repair of the broken sidewalk and the water service upgrade mentioned above fall under this code section. am W. and Irks. Mimi septembw 1S.1904 Page 3 CIty, crews do not install deanouts on existing sewer services. This is the responsibility of the property owner or dwebper. The deanouts have been induced with new servbas since 1998. WIIh regard to your hquiry regarding qty for sidewalk maintenance. under the Streets and Higlwrays Code of the State of Capfomhk sidewalk mahtanartce is the rrsponsibii9y, of the property owner. A copy of the City's curb. gutter and sidewalk repair policy M sftd ed for future sofererws. Clearly. these Items aro the responsibility of the property owner. The Issue of whether In cost shook! be borne by you or the previous owner is a matter to be settled between you and your respective rsaltors. We hope the above information clarifies the requirements placed on the issuance of your pemuIt. We have attempted to trace the source of the Information you and your real estate agent were provided when you kx*ed about the subject property earlier Ihb yew. Mr. Dave Corner of the Electric Utter Department recalls a conversation regarding eM MA, service to the lot, but does not recall providing any hfonnatieon regoi cl 9 fess to be charged by the Public Works Departrnen L.- We have also been unable to ka;ste anyone in the Building Division who recaps providing Information for this psroel. If you could provide us with the names of the other staff members you contacted, It would be greatly appreciated. Inquiries regarding development requirements should be referred by other departments to staff In the Development Services Division of the Public Works Department who aro knowledgeable on the fees and requirements for development and routinely answer inquiries regarding these matters. Urf Wnately, these requirements can be complicated since each project has Its own unique set of ch c=stances to consider. It is impossible for any one person to be knowlsdgesble in all these areas. We world be happy to meet with you to discuss the fees and requirements. The sections of the Mm*kW Code which affect your building permit application contain procedures for appealing the requirements to the City Council. If you have any questions regarding the information provided, please caN me or Sharon Welch, Associate Civil Engineer, at (209) 333-8708. U"d dia-1 9 Richard C. Prima, Jr. City En~ RCP/SAW ca Associate Civil Engineer Building Division Mid -Cal Constrictors MWIMPO c O September 19, 1994 City of Lodi P. O. Box 3006 Lodi, California 95241-1910 Attention: Richard C. Prima, Jr. City Engineer 0 rEXHIBFG1 REC.SIMED.jry :t' 211994' " C-! i Y 0 LODI PUBLIC %VOaKS :.;IARTO!E7►T RE: IAT LOCATED AT 2024 WEST EDGEWOOD DRIVE, LODI. CALIFORNIA Mr. Prima: We received your letter (dated September 15, 1994) today via U.S. Mail, thank you for responding to the questions asked of Mss. Welch. I still do not understand if the Migation Fees are a matter of Public Record, I assume they are not since that question was not addressed. I can not believe that we were not made aware of these charges, surely someone at the city knew they existed even if they did not know the amount. As to the wastewater connection fee thank you for your explanation. To clarify the record our proposed residence will have two (2) bedrooms. When asked anyone at the Lodi Building Department(s) should have been able to advise us of this fee and of the requirements to install sewer clean out. I'm still confused about the water service (size) but we were advised by the city of the meter requirements before purchasing the property at 2024 West Edgewood and thus we were prepared for the cost, although unsure of the amount. The sidewalk while not a large issue, has undoubtly been broken for many years. it must have been missed on many City Inspections or the prior owner(s) never made the repairs when notified. Clearly the responsibility for the work rests with the property Owners, the manual was clear. too bad it was not provided earlier. Is there a way to find out if a request was made of a prior owner to repair the sidewalk? I would like to obtain more information to ascertain if the seller. Mr. Hutz, knew all or part of these requirements and fees and lust failed to disclose them to us. I would agree that it would be impossible for all Building Department Employees to be knowledgeable of all fees but it would seem when requests are made regarding fees and services that the customer would be directed to the knowledgeable person and that standard fees and requirements should be known by all. M1,r September 19, 1994 City of Lodi Page 2 We assumed our questions were answered correctly. We were treated in a courteous and helpful manner in all cases but one and it was never our intention to indicate otherwise. Undoubtly when our questions were asked and we were directed to Dave Comer (we did not know his title) and he confirmed our questions regarding the Utilities held by the City of Lodi were at the property, we trusted him. I can only assume that if he is in charge of the electrical only that he must have made inquires from his fellow colleagues to arrive at the answers given to us. We were directed to contact PG & E for their input on the fees and availability on the gas, which we did. If Mr. Comer had directed us to contact any other department in the City of Lodi for additional information, you can be certain that we would have, as this was information necessary to making a decision as to which lot we should purchase. I can only hope out of our distress that some new procedures will be mandated so as to avoid this happening to anyone else. We have invested a lot of heart and soul as well as money in our dream to make our home in Lodi and we will appeal these fees. I am sure if this happen to you or anyone else after making every effort to obtain the proper information you would have much the same feeling we experience. These fees are no small amount of money to the average family and there should be a way to know about them before getting in our situation. Feeling very squeezed, unhappy and discouraged and wondering what next, makes us ponder if our dream is not Just a nightmare! We will contact Ms. Welch as to the proper procedure to appeal this decision. Sincerely, Betty Kampe c.c. Mid -Cal Constructors Hakeem, Ellis and Simonelli �,�,. ..,... ............- .�............. .............., ,�. .�..r .. ...v. r,. ;•Yy.1�Aeia`•O�:.r`.i;it�' ..'!�Yd'!i";��iF�J,:�^.,�;�;;�,f.-=Y.Y.iT.�: L•.",4'. - � =EXHIBIT H . 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) ISA0.110 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 provisionsofSectionl5.40.030. (Prior code § 5-39) Chapter 15.44 OFF-SITE IMPROVEMENTS AND DEDICATIONS Sections: 15A4.010 Purpose. 15.44.020 Definitions. 15.44.030 .Compliance requi-. A. 15.44.040 Exemption or determent. 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. 4LW1 12-86) 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) 15A4.020 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 end 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 mayor 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 r C C 0- a, improvements and dedication requirements set fixth in this chapter. (Prior code 13.2 1) 1&44A* Exemption or defaIMent. A. The requirements of Section 13.41.000 do not apply if the cost of devel- opment within any twelve-month period is determined by the public works dlrector to be less than twenty-five thousand dollars. TMs amotmt shall be adjusted by the public works director on July lst of each year. beginning on July 1. 1994. based upon the change of the U.S. Average Engineering News-PAxx d Building Cost Index. using the hollowing formula: , MMM • MAou x ENR tndn for June IRM (ENR ImG w-* t and that the amount shall be rounded to the is 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 date on an area -wide basis. provided that • 13.41.030 the property ownerenters itso an agreeman with the city av eeing that the property owner will undertake and start the eortstrtrc- tion of the required improvenenns within ninety days slier notice is given by the city. The agreement shall hntther provide that in the even of default in undertaking and eeft the reciulted within the time speciik& the city may cause such work to be done and the cost thereof to be assessed an 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 uthorrized to execute such an agreement for and on behalf of the city. (Prior code § 5-22. Ord. 1569 $ 1. 1993) MACON Improvements required. A. The off-site improvements required for all developments under this chapter are as follows: 1. Club. Sutter. sidewalk. driveways and street improvements shall be 308-1 1LAi& ser» ittfntied boatint6 A portions of the developer's p%vty beistg developed which feotds upon a pdite weet or !bine pulft stred- Me impovemetts doU be in aecor. 48040 with the thea4unut dh► policies and City MDdKdL 2. Water, newer. storm drains and land- doUbe instailed In accotdoce with the then-CWTO t city policks and city stan- daNt 3. Elecaical facilides and stmt lights slid! be installed in accordance with pians p apaead and approved by the city utility departmeft B. PIS showing the off-site improve- ments stall be prepared by a registered civil engineerunless waived by the public worts director. C 'Ate mon of off-site improve- ments within existing public dght-of-way C requires an encroachment permit fiam the cky. D. if off-site improvements exist din do not meet existing city standards or are inad- equate or a hazard to the general public. than these off -Moe improvements snail 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- dons 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 19. 1991; prior code 15-23) 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-cuncntcity i 15.44.040 design standaNs and adopted spe ft Pians. TM replied dedications shall be trade prior to the issuance of a building permit or allowing the development to proceed. (Prior code I S-24) 15.44.070 CAmpkdm or guaranteR Any persat regtdted to eonsow oQ-she improvementsunder this chapter dW etdar eompkte sane to city speciticadans or slat! guarantee such compWm by brushing to the city. prior to the issuance of a building permit or allowing a developmatt to pro- ceed. a surety bon4 insounn a of credit. or cash in the arnowtt of the development's construction cost. (Prior code 15-25) 15.44.M inspection and approvaL Off-site improvements required under this chapter are subject to the inspection and approval of the public works director. (Prior code 15-26) 15.44.090 Fees. The then -current applicable development fees must be paid prior to the issuance of a building pernit. 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 13. 1991: prior code 1 5-27) 15.44.100 Appeal. A. Any person required to make ir.,- 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 riled 309 Mode 1-92) U 15.44.100 with the dry deck wilhbt Queen days of the date noaoe of the deddon is anode. 8. The dty aouneit than hold a hearing on the appeal wOft days of ate date on which are appal was Met The dw dale AM scud written notice of the has d the appenaat at fast aamm daps prior m the dans of ata hearlrR. The deiiamMs- don of On dty council than be considered as Qott. Mlor cods 15.23) Chapter 15.E SCHOOL FAclam l3S Dl3DICAMONS Article L General Provisions MAL010 Title and purpose. 15.433.020 Statutory authority-- 335.43.080 CoaQids. 15.43.030 General plan 15.43.040 conbrmaaa. Regulation ISAL160 Po tiTM Article II. Definitions 1SA31~.060 BALM Applicability. Developer. ISAL070 Dwelling unit. 335.43.080 Mobilehome space. iS.43.090 School districts. 15.43.100 Conditions of ISAL160 ovwcrowding. 1SAL110 Reasonable methods of 15.43.170 mitigating conditions of overcrowding. 1SAL120 Residential development. nu.f i +n 310 v AM& JIL ProcadM snd 15.43.130 Notice of overcrowding by sdtod dt: k19 — FindlusL LIAL140 Notice of emcowding by ahool distrlcb— Contmtd. 31SALM Designation of ISAL160 onerdowdad sehool. Reddadia{ devdopmad apprm►4-�a 15.43.170 Reddeatial development appr'ovaik— 5umpiouL iSAL130 District schaduk of we. 1SAL190 Land or IW9 -- Prefierence of developer. 15.43200 Lsteel or fleet Determination. 15.43310 Dedication. IS.48.220 Fee payment. 15.43.230 Amount required. 1SAL240 Use of land and fees. 15.43.250 Accounting and report by school district. 15.43.260 Termination of requirements. 1S.48370 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 op C CITY OF LODI EXHIBIT 1 COUNCIL COMMUNICATION AGZMh Tr=: Request For Development impact Mitigation tae Waiver or Adjustment at 22S North Guild Avenue (APO 049-060.61) NMI N(: OWN: November it, 1992 PRVARSD BY: City Attorney ACTION: Council consideration and possible action on request for exemption, waiver or adjustment of Development impact Mitigation fees. RA- ROUND: At the meeting of October 21, 1992, the City Council was asked by Civil Rnginesr Cecil Dillon to consider an adjustment or waiver of Development Impact Mitigation fees on the Teresa property, a five -acre parcel at the southwest corner of Victor Road (Highway 12) and Guild Avenue. Specifically, Mr. Dillon felt it was equitable to apply the fees in place prior to adoption of ordinance IS26 because the City had prior to that time approved the deferral of the storm drain fees on the parcel by letter of October 25, 1990 (Attachment A). As the Council will recall, at the time Ordinance 1518 was adopted, there was a lengthy discussion of how vacant parcels with frontage improvements already in were to be treated. It was decided that there might be some circumstances in which exemptions were appropriate, and these situations should be considered per Lodi Municipal Code Section 15.64.110 at seq. The major considerations discussed at that time were regarding "projects in progress" in which substantial investment and approvals had been made, and that no further approvals except a building permit were required. Council then modified Ordinance 1516 with Ordinance 1526 providing exemptions for "projects in progress•. tf the City Council wishes to grant the request, it is necessary under LMC Section iS.64.130 to prepare written findings, identifying the basis upon which the request is made and the circumstances justifying the granting of the exemption. Should the Council wish to grant the request, the following language wy be used: •The City Council hereby finds and declares that it is appropriate to impose upon the subject parcel only those fees in place prior to adoption of Ordinance 1519 because: 1. At the time of adoption of Ordinance 1526, the subject parcel met the requirements of Section 15.64.110(E)(2); APPROVED: THOMAS A. PETERSON ao« City Manager DEVFEECC/TXTA.01V CC1 Request For Developmenapact mitigation Fee Waiver or justment at 225 !forth Gui14 Avenue (AM 049-040-61) November 18, 1992 Page Two 2. The letter from Assistant City Vagineer Richard Prima '. to Dillow angineering dated October 25, 1990, granting a deferral of storm drainage tees until building permits were issued, implies s preexisting waiver of the additional tees 16 imposed by Ordinance 1518; 3. In order to meet the conditions for exemption found in Lodi Municipal Code Section 15.64.110(8)(1), the owner of the parcel shall, within thirty days from the date of this approval, pay all fees which would have been due prior to adoption of Ordinance 1516." To the best of staff Ia knowledge, only one other parcel meets these exact circumstances. , That parcel is APN 049-040-57, 1371 B. Pine Street, which was split as part of the Teresi project an the west side of Guild Avenue, note that the October 25, 1990 letter was copied to Mr. Ted Molfino, the property owner and joint developer of this project with Mr. Teresi. (Attachment B) If Council wishes to approve this request, it should apply to that parcel as well. FUNDING: None. Jr Respectfully submitted, 14. 14 Bob Mcnatt City Attorney BM/Vc Attachment CC: Jack Ronsko, Public works Director Richard Prima, Assistant City Engineer Mr. John Teresi Mr. Cecil Dillon Mr. Ted Moltino DEWEECC/TXTA . 01 V ��:+:e+rram-.•�.w•....,,.:,.�.,.+.......... ......... .. .... _ .. ... .... .. _ _ ...__. ..._ .. . .GTY COUNCI% . Mme. tn. Marta OAVw M. N' Mover ►ro VIUIN M. OLSON JAMAS W. MNKIMICK It. :AAO M. new In Dillon Engineering P.O. Box 2180 Lodi, CA 95241-2180 T T A C H MEN T A �iiOMA: ~ cw a1sMew CITY OF L O D I AIM At RIIMCMA M clack CM MAIL. 7,21 WEST MW SUM CALL am =6 LOOI. CALIR WMIA 95241.1!10 QD" 334.3634 RUCOMM IM031}NM October 25, 1990 SUBJECT: Teresi Industrial Park Street Improvements Ka Mda" CNV AIWMV RECEWID OCT 29 1�Q Jam' J C .•^.:::•c�J�YG The City has approved deferral of the storm drainage fee shown on Invoice OE -913 until the building permits are issued. The property owner will be billed the storm drainage fee in effect at the time the permit is issued. Richard C. Prima r. Assistant City Engineer RCP/SB/mt cc: Teresi Trucking Tel Molfino Finance Department LDILLON/TXTW.02M I 1 C A Affift low ATTACHMENT 8 —" Teresi Industrial Park aL- P. R. 4 VICTOR RD (HWY 12 D /TMpmtkOy dwmWW Subject Parcel' ewg. o«�ac Nn Mounce St. Blue SAiNd fully bldg. =fasurd a ono 3 1 fully �A{o1Rno/ no Scale: 10=300' PINE ST N v V W r M:\OPEIJ�p(N7BITS\VIC-CUiL OWC CITY ODI Carnegie Forum 303 West Pius Street, Lodi EMOTIMOF PUBLICHEARING November 2.1994 7:00 p.m For iMbrmtation regarding this notice pleas contact Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING November 2,1994 NOTICE IS HEREBY GIVEN that on Wednesday. November 2. 1994 at the, hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Count will conduct a Public Hearing to consider the following matter: a) Appeal from Gilbert and Betty Kampe regarding development requirements at property located at 2024 Edgewood thrive, Lodi. AN interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk it 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, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: nifer M errin Cork Dated: October $,1994 Approved as to form: ---o &J Bobby W. McNatt City Attorney J %C(TY(-LftV0RMSWOT10E2e DOC td4194 DSCLMATION OF IWLIn3 On October 6, 1994 in the City of Lodi, San Joaquin County, California, I deposited in the United states mail, envelopes with first-class pasta" prepaid thereon, containing a copy of the notice attached hereto, larked =xhibit "A"; said envelopes were addressed as is more particularly shorn on lxhibit "Be attached hereto. Thera is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were add sued. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 6, 1994, at Lodi, California. Jennifer M. Perrin City Clerk w Gilbert wd Betty Kmpe 2024 Bdgewood Drive Lodi, CA 95240 w CITY COUNCIL )ACK A. SIEGLOCK. Mayor STEPHEN 1 MANN Maym Pro T011006 RAY G. DAVENPORT PHILLIP A. PENNING JOHN R. (Randy) SNIDER 0 W CITY OF LODI Mr. and Mrs. Gilbert Kamp@ 2925 Rockford Avenue StodcMn, CA 95207 CITY HALL. 221 WEST PINE STREET P 0 13OK Mb 1.6m. CALIFORNIA 95241.1414) (209) 134-3634 f 4% 1:071 11144TH October 27, 1994 THOMAS A PETERSON cuy Ma"Off IEIwIFER M PERRIN CITY c)"i KM mcNATT Cih A1lorwry SUBJECT: Public Hearing to Consider Appeal from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024 Edgewood Drive Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday, November 2, 1994, 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 Loi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Cn, you may Hand -deliver the letter to City Hail, 221 West Pine Street If you wish to address the Council at the Council meeting, be sure to fill out a speaker's 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 Richard Prima at (209) 333-6706. Jack Ron' blit orks Director JI-RArn Enclosure cc: City Clerk/ MP+1=4E.00C