HomeMy WebLinkAboutAgenda Report - October 16, 1991 PH (13)OF
CITY OF LODI
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AGENDA TITLE: Consideration of Urgency Ordinance Amending Lodi Municipal
Code Chapter 15.64 - "Development Impact Mitigation Fees" .
METF;DWJ DATE: October 16, 1991
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration of of adoption of an urgency
ordinance amending Lodi Municipal Code Chapter
15.64 - "Development Impact Mitigation Fees".
BACKGROUND Il%Y(RMATM. As directed by the City Council at its special
meeting of October 3, 1991, attached is an
urgency ordinance amending Ordinance 1518, the
recently -adopted development fee plan. This action was necessary to clear
up sane ambiguities and misunderstandings on how the new fees would apply
to land in the City which already had some type of development approval,
but for which no building permit had been obtained.
This amendment, if adopted, would exempt parcels which had already been
subdivided or approved for development and for which the fees in existence
at the time of approval (usually just the Master Storm Drain Fees) had
already been paid.
It should be noted that in some cases, land might still be subject to an
incremental fee where the proposed use is allowable under the General Plan
but still more intensive than the land use assumptions built into the fee
ordinance. For example, land zoned and approved for industrial use, and
for which the Master Storm Drain Fees had already been paid could,
consistent with our zoning laws, be used for commercial purposes. This
might mean heavier traffic and more demand for sewer or water than an
industrial use. Obviously, it would be fair that such uses pay the
incremental increase.
It is also recommended that this ordinance, if desired, should be adopted
as an urgency measure so that it becomes effective on the same date as the
rest of the new fee statutes. Otherwise, there would be a short "window"
in which fees would be different between the time Ordinance 1518 becomes
effective (November 5, 1991) and the effective date of the proposed
amendments. The findings necessary to justify such an uryency adoption
have been included in the attached draft.
APPROVED:
THOMAS A. PETERSON ��......
ORODIMF.CC/TXTA.OIV
CG1
Consideration of Ordina
Amending WIC Chapter 15.64
October 16, 1991
Page Two
FUNDING: None required.
BM/vc
BobMcNatt
City Attorney
CRDKANCE NO. 1526
AN URGENCY OFD ONCE OF THE LODI CITY COUNCIL,
AMENDING LODI MUNLCIPAL CODE CHAPTER 15.64 -
"DEVELOPMENT "ACT MITIGATION FEES"
BE IT CKIAND BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 15.64 is hereby amended by
adding a mw subsection G to Section 15.64.010 as follows:
15.64.010 Findings and Purpose.
"G. The City has previously approved various development projects
wnich have made significant financial expenditures towards
completion, including the payment of the then current development
impact mitigation fees; but have not obtained a building permit.
The City Council finds and declares that such projects should be
allowed to proceed without the imposition of new development
impact mitigation fees imposed under this chapter."
SECTION 2. Lodi Municipal Code Section 15.64.040(D) is hereby
amended to read as follows:
"If a final subdivision map has been obtained before the
effective date of this ordinance, then the fees shall be paid
before issuance of a building permit or grading permit, whichever
comes first, except as exempted under Section 15.64.110 of this
chapter ."
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SBCIUN 3. Lodi Municipal Code Chapter 15.64 is hereby amended by
adding a ry subsection E to Section 15.64.110 as follows:
15.64.110 Fee Exem tmp ions.
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 this ordinance, received the appropriate
development approval, but has not obtained a building permit and
has paid appropriate mitigation fees under Resolution 3618 or
Ordinance 1440, shall be exempt from imposition of the
development impact mitigation fees imposed under this chapter
except the Sewer Lift Station area Pees.
2. For purposes of this subsec',ion, "appropriate development
approval" shall include:
° an approved or conditionally approved tentative map,
° an approved final subdivision or parcel map;
°
an approved use permit when no map was required;
°
an approved p u b l i c improvement agreement.
3. The exemption under chis subsection shall not apply to
changes in land use, pursuant to subsection (D) 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
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defined in this chapter only to the extent that the previously
approved land use shall be corisidered an existing use and the
project shall be charged the appropriate incremental increase as
provided in this chapter and the fee resolution.
SECIYN 4. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 5. Findings.
The Lodi City Council hereby finds and declares that it is
appropriate to adopt this ordinance as an urgency measure in order to
protect the public health, safety or welfare. This finding is based on
the following facts:
1. Ordinance 1518 which this ordinance amends is scheduled to become
effective on November 5, 1991.
2. If this ordinance is not adopted as an urgency ordinance, project
applications filed between November 5, 1991 and the effective
date of this ordinance would pay one set of fees and those filed
afterwards another amount.
3. This situation would materially interfere with the City's ability
to plan, construct and pay for the public improvements described
in this chapter.
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SECTION 6. The public health, safety or welfare require that this
ordinance be adopted as an urgency measure.
SECTION 7. This urgency ordinance shall be published one time in the
"Lodi News Sentinel", a daily newspaper of general circulation printed
and published in the City of Lodi and shall be in force and take effect
on November 5, 1991.
Approved this 16th day of October 1991
MAYOR
Attest:
ALICE M. REQVU E
City Clerk
State of California
County o f San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1526 was adopted as an urgency ordinance at a
regular meeting of the City Council of the City of Lodi held October
16, 1991 and was thereafter passed, adopted and ordered to print by the
following vote:
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Ayes : Council Members -
Noes : Council Members -
Absent: Council Members -
Abstain : Council Members -
I further certify that Ordinance No. 1526 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. MCNRTT
City Attorney
ORD 1526/TXTA .O1V
W!
ALICE M. REIMCHE
City Clerk
ofc ICE OF PUBLIC HEARINGCITY
O L®D'
Date: October 16, 1991
�P CARNEGIE FORUM
305 West Pine Street, Lodi Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M. Reimche
City Clerk
Telephone: 333.6702
NOTICE OF PUBLIC HEARING
October 16, 1991
NOTICE S HEREBY GIVEN that on Wednesday, at the hour of 7:30 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) to consider adopting as an urgency ordinance an amendment to
Lodi's Development Fee Ordinance to modify the definition of
projects subject to new development fees.
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 challengethe subject matter in court, you may be limited to raising only
those issues you or someone else raised at the Pubiic 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:
�;cL1Ct�
Alice M. Reimche
City Clerk
Dated: October 3, 1991
Approved as o form:
Bobby W. McNatt
City Attorney