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HomeMy WebLinkAboutAgenda Report - August 17, 2016 C-13 PHAGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set Public Hearing for September 7, 2016 to Consider Adopting a Resolution Eliminating the Reduced Residential Impact Fee Structure for Low- and Medium - Density Zoning Designations MEETING DATE: August 17, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Set public hearing for September 7, 2016 to consider adopting a resolution eliminating the Reduced Residential Impact Fee Structure for low- and medium -density zoning designations. BACKGROUND INFORMATION: The Impact Mitigation Fee program was adopted by the Lodi City Council on August 15, 2012. At that time, residential development activity in Lodi was essentially non-existent. At the request of the building community, and in response to the housing downturn created by the Great Recession, Council approved a reduced residential impact fee schedule to financially incentivize the development of new residential housing units in all density categories. The reduced fee schedule applies to only residential land uses and represents a discount of approximately 60 percent. Beginning in 2014, the residential development activity in Lodi started to gain substantial momentum. Currently, there are four active residential developments totaling over 700 single-family lots, along with various, smaller infill developments that have been approved. Additionally, there are three multi -family projects consisting of nearly 400 units currently making their way through the approval process. The majority of these approved units will remain subject to the current reduced rate structure through independent development agreements that extend through December 2019. It is projected that slightly over 600 residential units could be occupied by the end of 2019. While this projection is quite optimistic based on Lodi's historic growth rate, it is possible due to the amount of approved low- and medium -density residential units available for construction. Because most of these units are subject to the reduced fees through development agreements, it could be argued that over the next three years, the City's investment to incentivize development could reach an estimated $5 million in one-time reduced impact fees. However, it must be acknowledged this incentivized residential growth will be financially beneficial to City residents and businesses because those 600 units could also generate an estimated $600,000 annually in property tax and other revenues that will contribute to the long term financial health and stability of the community. On July 26, 2016, Staff provided a Council shirtsleeve presentation including an overview of the current impact fee structure, the current residential development climate, and a comparison of impact fees in Lodi with surrounding cities. The focus of the presentation was eliminating the reduced residential impact fee structure. Feedback at this meeting suggests the City Council and the Building Industry Association of the APPROVED: Step en SchwaE?auer, City Manager KAWP\DEV_SERWrnpact Fees\Public Hearing Sept 7 2016\setPH_Elim_Reduced_Fees.doc 8/2/16 Set Public Hearing for September 7, 2016 to Consider Adopting a Resolution Eliminating the Reduced Residential Impact Fee Structure for Low- and Medium - Density Zoning Designations August 17, 2016 Page 2 Greater Valley generally agree that the reduced fees have done the job to spur residential growth in the City of Lodi and it is now appropriate to eliminate the reduced fee structure. To maintain the incentive to construct high-density and infill projects, staff recommends retaining the reduced fee structure for high- density zoning designations and infill projects of all densities that consist of less than 10 lots. All reduced impact fees would expire on December 31, 2019. The summary of the regular fees is provided in Exhibit A. A summary of the reduced fees is provided in Exhibit B. The action requested is to set a public hearing for September 7, 2016 to consider adopting a resolution eliminating the reduced residential impact fee structure for low- and medium -density zoning destinations effective November 7, 2016. FISCAL IMPACT: Building projections suggest the reduced impact fees, along with the improved economy have resulted in substantial building activity that will generate approximately $1,000 per unit annually in property taxes and other revenues. Continued underfunding of the City's Development Impact Fee Program is not recommended. FUNDING AVAILABLE: Not applicable. C1_2E&C Charles E. Swimley Jr. Public Works Director CES/CES/tdb Attachments K:\WP\DEV_SERV\Impact Fees\Public Hearing Sept 7 2016\setPH_Elim_Reduced_Fees.doc 8/2/16 Exhibit A Impact Mitigation Fee Program Schedule of Fees Table A-1: Water and Wastewater Fees Meter Size Water Wastewater 5/8 -inch meter $2,079 $2,831 3/4 -inch meter $3,103 $4,225 1 -inch meter $5,181 $7,056 1 1/2 -inch meter $10,332 $14,070 2 -inch meter $16,537 $22,521 3 -inch meter $31,026 $42,253 4 -inch meter $51,721 $70,435 6 -inch meter $103,411 $140,828 8 -inch meter $165,464 $225,333 10 -inch meter $237,880 $323,951 Table A-2: Transportation, Police, Fire, General City Facilities, Park and Art in Public Places Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial Fee Component (per Unit) (per Unit) (per Unit) (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Transportation $711 $386 $386 $1,199 $872 $443 Police $753 $634 $528 $330 $528 $176 Fire $385 $324 $270 $338 $540 $180 Park $3,890 $3,276 $2,730 $406 $650 $217 General City Facilities $617 $519 $433 $270 $433 $144 Art in Public Places $80 $67 $56 $35 $56 $19 Table A-3: Residential Electric Utility Fees Table A-4: Non -Residential Electric Utility Fees 240 Volts Single Phase Panel 480 Volts 60 amps $248 100 amps $413 125 amps $516 200 amps $826 400 amps $1,652 600 amps $2,478 Table A-4: Non -Residential Electric Utility Fees 208 Volts 240 Volts 480 Volts Single Phase Panel 60 amps n/a $248 n/a 100 amps n/a $413 n/a 125 amps n/a $516 n/a 200 amps n/a $826 n/a 400 amps n/a $1,652 n/a 600 amps n/a $2,478 n/a Three Phase Panel 200 amps $1,178 $1,359 $2,718 400 amps $2,356 $2,718 $5,437 600 amps $3,534 $4,077 $8,155 800 amps $4,712 $5,437 $10,873 1000 amps $5,890 n/a $13,591 1200 amps $7,068 n/a $16,310 1600 amps $9,423 n/a $21,746 2000 amps $11,779 n/a $27,183 2500 amps $14,724 n/a $33,979 3000 amps $17,669 n/a $40,774 Table A-5: Storm Drainage Fees RESIDENTIAL LAND USES Low Medium High Density Density Density Fee Component (per Unit) (per Unit) (per Unit) Storm Drainage - Zone 1 $1,394 $697 $561 Drainage - Zone 2 $4,237 $2,118 $1,703 NON-RESIDENTIAL LAND USES Office/ Retail Medical Industrial (per Acre) (per Acre) (per Acre) $14,640 $14,640 $15,686 $44,485 $44,485 $47,663 Table A-6: South Wastewater Trunk Line Fees RESIDENTIAL LAND USES Low Medium High Density Density Density Fee Component (per Unit) (per Unit) (per Unit) South Wastewater Trunk Line $1,181 $994 $829 NON-RESIDENTIAL LAND USES Office/ Retail Medical Industrial (per 1,000 sf) (per 1,000 sfl (per 1,000 s f) $1,096 n/a n/a 1 Applies only to development that will benefit from construction of the wastewater trunk line serving the southern area of the City. Exhibit B Impact Mitigation Fee Program Schedule of Reduced Fees Table B-1: Water and Wastewater Fees Meter Size Residential Water Wastewater Non -Residential Water Wastewater 5/8 -inch meter $846 $1,152 $2,079 $2,831 3/4 -inch meter $1,263 $1,720 $3,103 $4,225 1 -inch meter $2,109 $2,873 $5,181 $7,056 1 1/2 -inch meter $4,206 $5,728 $10,332 $14,070 2 -inch meter $6,732 $9,168 $16,537 $22,521 3 -inch meter $12,631 $17,201 $31,026 $42,253 4 -inch meter $21,056 $28,674 $51,721 $70,435 6 -inch meter $42,099 $57,331 $103,411 $140,828 8 -inch meter $67,360 $91,733 $165,464 $225,333 10 -inch meter $96,841 $131,880 $237,880 $323,951 Table B-2: Transportation, Police, Fire, General City Facilities, Park and Art in Public Places Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial Fee Component (per Unit) (per Unit) (per Unit) (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Transportation $289 $157 $157 $1,199 $872 $443 Police $307 $258 $215 $330 $528 $176 Fire $157 $132 $110 $338 $540 $180 Park $1,584 $1,334 $1,111 $406 $650 $217 General City Facilities $251 $211 $176 $270 $433 $144 Art in Public Places $33 $27 $23 $35 $56 $19 Table B-3: Residential Electric Utility Fees Table B-4: Non -Residential Electric Utility Fees 240 Volts Single Phase Panel 480 Volts 60 amps $101 100 amps $168 125 amps $210 200 amps $336 400 amps $673 600 amps $1,009 Table B-4: Non -Residential Electric Utility Fees 208 Volts 240 Volts 480 Volts Single Phase Panel 60 amps n/a $248 n/a 100 amps n/a $413 n/a 125 amps n/a $516 n/a 200 amps n/a $826 n/a 400 amps n/a $1,652 n/a 600 amps n/a $2,478 n/a Three Phase Panel 200 amps $1,178 $1,359 $2,718 400 amps $2,356 $2,718 $5,437 600 amps $3,534 $4,077 $8,155 800 amps $4,712 $5,437 $10,873 1000 amps $5,890 n/a $13,591 1200 amps $7,068 n/a $16,310 1600 amps $9,423 n/a $21,746 2000 amps $11,779 n/a $27,183 2500 amps $14,724 n/a $33,979 3000 amps $17,669 n/a $40,774 Drainage - Zone 1 Drainage - Zone 2 Table B-5: Storm Drainage Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial (per Unit) (per Unit) (per Unit) (per Acre) (per Acre) (per Acre) $567 $284 $228 $14,640 $14,640 $15,686 $1,556 $778 $627 1 $40,834 $40,834 $43,871 Table B-6: South Wastewater Trunk Line Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial Fee Component (per Unit) (per Unit) (per Unit) (per 1,000 sf) (per 1,000 sf) (per 1,000 sf) South Wastewater Trunk Line $481 $405 $337 $446 n/a n/a 1 Applies only to development that will benefit from construction of the wastewater trunk line serving the southern area of the City. G 13 Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Wednesday, August 17, 2016 2:45 PM To: Mike Lusk Cc: City Council; Steve Schwabauer; Janice Magdich; Charles Swimley Subject: RE: Blue Sheet Agenda Item C-13 meeting of August 17, 2016 Thank you for your email. It was received by the City Council and forwarded to the City Manager and Public Works Department for information, response, and/or handling. In addition, your correspondence will be provided to Council as a "Blue Sheet" item at tonight's meeting and made a part of the official record. Jennifer M. Ferraiolo, CMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209)333-6702 (209)333-6807 FAX From: Mike Lusk [mailto:mclusk@softcom.net] Sent: Wednesday, August 17, 2016 2:42 PM To: City Council Subject: Blue Sheet Agenda Item C-13 meeting of August 17, 2016 BLUE SHEET FOR AGENDA ITEM C-13 CITY COUNCIL MEETING OF AUGUST 17, 2016 SUBJECT RESIDENTIAL IMPACT FEE STRUCTURE INCLUDED HERE IS MY DISCUSSION ON THESE IMPACT FEES AT THE SHIRTSLEEVE MEETING OF JULY 26, 2016. UPON REVIEWING AGENDA ITEM C-13 FOR THE CITY COUNCIL MEETING ON AUGUST 17, 2016 1 WOULD REQUEST THAT THE CITY OF LODI RETURN AT LEAST TO THE REGULAR FEE SCHEDULE FOR ALL DENSITIES OF RESIDENTIAL BUILDING AND CONSIDER RAISING THESE FEES. I UNDERSTAND THAT AGREEMENTS FOR REDUCED FEES HAVE ALREADY REDUCED IMF FUNDS TO THE CITY WITH CURRENT AND PROPOSED DEVELOPMENT IN PROGRESS. ASI NOTED IN MY JULY 26TH DISCUSSION IT TAKES ON AVERAGE 10 YEARS FOR THE CITY TO BREAK EVEN ON THESE LOST IMPACT FEES BEFORE IT CAN SAY IT IS OF ANY BENEFIT TO THE CITIES BUDGETS. I AS A CITIZEN TAX AND RATE PAYER OF THE CITY OF LODI DO NOT WANT TO SUBSIDIZE DEVELOPERS PROFITS WITH THESE LOWER FEE SCHEDULES. IT CREATES A DOUBLE IMPACT ON THE CITIZENS OF LODI, IN THE FIRST INSTANCE OF NOT COLLECTING THESE FEES AND SECONDLY BY REQUIRING THE CITIZENS TO PICKUP THE SHORTFALL IN THE FUTURE BUDGETS FOR CITY FUNCTIONS THAT WOULD BE COVERED BY THESE FEES UNTIL THE BREAK EVEN PERIOD ARRIVES WITH PROPERTY TAXES COLLECTED AS IN MY EXAMPLE. THE CITIES ARGUMENT OF PROPERTY TAX REVENUS BENEFIT FOR LONG TERM FINANCIAL BENEFIT IS JUST ANOTHER PAY TO PLAY AGREEMENT WHERE THE CITIZENS OF LODI SUBSIDIZE UP FRONT AN ACTION OF THE CITY WHICH DOES NOT BENEFIT THE CITIZENS OF LODI IMMEDIATELY AND COSTS THEM MORE MONEY IN THE LONG RUN. Mike Lusk, Lodi AGENDA ITEM B-02 JULY 26, 2016 IMPACT MITIGATION FEE City Manager Schwabauer's example of Property Tax Revenues the City of Lodi received per residential unit per year during the Council Meeting July 6, 2016: Property Tax at 1% and Cities portion of this 1% is 16% ASSESSED PROPERTY VALUE 1% TAX 16% TO CITY $200,000.00 $2,000.00 $320.00 $300,000.00 $3,000.00 $480.00 $400,000.00 $4,000.00 $640.00 $500,000.00 $5,000.00 $800.00 $600,000.00 $6,000.00 $960.00 PROFIT IMPACT MITIGTION FEE SCHEDULE LOT DENSITY REDUCED FEES REGULAR FEES SAVINGS TO DEVELOPER i MARGIN/LOSS OF CITY REVENUE LOW DENSITY $5,940.00/UNIT 00/UNIT MEDIUM DENSITY $5,438.00/UNIT UNIT HIGH DENSITY $3,958.00/UNIT 00/UNIT $14,590.00/UNIT $8,650. $13,360.00/UNIT $7,922.00/ PAGE 1 $9,726.00/UNIT $5,768. USING LOW DENSITY AVERAGE OF $500,000.00 THE CITY WOULD RAISE $800.00/UNIT IN PROPERTY TAX REVENUE PER YEAR. THE CITY LOSES $8,650.00/UNIT WITH THE REDUCED FEE SCHEDULE. DIVIDING THE $800.00/UNIT PROPERTY TAX PER YEAR INTO THIS REDUCED FEE, IT TAKES THE CITY 10.8 YEARS TO BREAK EVEN ON THIS UP FRONT SUBSIDY TO DEVELOPERS. USING THE BRIEF OVERVIEW IN THE CITY PRESENTATION THE TOTAL NUMBER OF LOTS IS 1337. NOT KNOWING THE BREAK DOWN OF DENSITY OF THIS COUNT I AM USING LOW DENSITY IN THIS EXAMPLE. THE CITY LOSS WITH LOWER FEE SCHEDULE IS $8,650.00/UNIT TIMES TOTAL UNIT COUNT OF 1337 EQUALS $11,565,050.00 OF INITIAL IMPACT MITIGATION FEES. 3 THE LOSS OF THESE IMPACT FEES IF NOT A VIOLATION OF THE PROPOSITION 218 REGUARDING SEWER AND WATER ENTERPISE FUNDS USE IS AT LEAST A VIOLATION IN THE SPIRIT OF THE LAW AND THE PUBLIC TRUST. VIOLATION IN THAT THESE FUNDS ARE DIVERTED AWAY FROM THE ENTERPRISE BUDGETS THEREBY INFLATING THEM AND RESULTING IN RATE INCREASES. I WOULD ARGUE THAT THE IMF ARE A REVENUE STREAM FOR THE SEWER AND WATER ENTERPRISE FUNDS AND UNDER PROP 218 THE FULL IMPACT OF THE DEVELOPMENT MUST BE COLLECTED AND DISTRIBUTED TO THE ENTERPRISE FUNDS AND NOT BE REDUCED BY THE CITY. PAGE 2 IN RELATION TO OTHER PARTS OF THE CITY BUDGET THE 10 PLUS YEAR RECOVERY TIME INFLATS CITIZENS OBLIGATION ON ALL PARTS OF THE BUDGET, ESPECIALLY ON INFASTRUCTURE WARE AND REPLACEMENT. LODI'S REGULAR FEE SCHEDULE IS THE LOWEST IN THE SURROUNDING AREA. THIS FEE IS ALREADY NOT ONLY A BENEFIT TO THE DEVELOPER PROFIT MARGINS IT STILL ALLOWS LODI HOUSING TO BE COMPETITIVE WITHOUT THE CITIZENS OF LODI SUBSIDIZING THE DEVELOPER THROUGH REDUCED IMPACT MITIGATION FEES. I REALIZE THERE ARE SOME VARIBLES THAT AFFECT THE DOLLAR AMOUNT IN MY PRESENTATION BUT THE ARGUMENT PRESENTED HERE IS STILL VALID. I AM IN FAVOR OF AT LEAST RETURNING TO THE REGULAR FEE SCHEDULE AND IN LIGHT OF THE FACT THEY ARE THE LOWEST IN THE AREA THE COUNCIL SHOULD CONSIDER RAISING THEM HIGHER. RESPECTFULLY MIKE LUSK, LODI 4 Please immediately confirm receipt this 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 A�]VTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION ELIMINATING REDUCED RESIDENTIAL IMPACT FEE STRUCTURE FOR LOW- AND MEDIUM -DENSITY ZONING DESIGNATIONS PUBLISH DATE: SATURDAY, AUGUST 20, 2016 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, AUGUST 18, 2016 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at LNS Phoned to confirm *e 101 of:a]I.,0e _ at T forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION ELIMINATING REDUCED RESIDENTIAL IMPACT FEE STRUCTURE FOR LOW- AND MEDIUM -DENSITY ZONING DESIGNATIONS On Thursday, August 18, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider resolution eliminating reduced Residential Impact Fee Structure for Low- and Medium -Density Zoning Designations (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on August 18, 2016, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK WAdministration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: September 7, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING EXH - BIT A NOTICE IS HEREBY GIVEN that on Wednesday, September 7, 2016, 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 at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Resolution eliminating reduced Residential Impact Fee Structure for Low - and Medium -Density Zoning designations. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, 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, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: ., xx J n er ioio ity Clerk Dated: August 17, 2016 A roved as to form: Janice ❑ agdich `4 . r�ney 8/18/16