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HomeMy WebLinkAboutResolutions - No. 2003-250NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby amend the poficy and fee for fence and landscape maintenance in new developments to require form tion df a lighting and landscape district or a homeowners' association, as shown on Exhibit A attached hereto and made a pert of this Resolution, thereby rescinding Resolution Nig 99-147, adopted September 15, 1999 Dated: December 17, 2003 I hereby certify that Resolution .No. 2003-250 was passed and adapted by the Lodi City Council in a regular meeting held December 17, 2003, by the fallowing vats: AYES: COUNCIL MEMBERS -- Beckman, Hitchcock, and Mayor Hansen NOES: COUNCIL MEMBERS S -- Howard and Land ASSENT: COUNCIL MEMBERS None ABSTAIN. COUNCIL MEMSERS — none SUSAN J. I LACKSTON City Clerk EXHIBIT `FA" CITY OF L©DI POLICY ON FUNDING :OF MAINTENANCE AND REPLACEMENT OF WALLS, FENCES, LANDSCAPING AND IRRIGATIONIMPROVEMENTS IN SUBDIVISIONS .)MR REVERSE FRONTAGE LOTS AND MAINTE 3ANCE : OF CITY-UWNFD FREES IN PARKWAYS OF UBDIVSIoNS AND MAINTENANCE NANCE OF PRORATED SHARE OF PUBLIC PAS `1 PROVEMENTS .... The .following policy shall: replace the policy established by the City Council on . September 15, 1999 by Resolution No. 99-147. The following policy.:shall:establis the funding of on-going maintenance and replacement of walls, fends, landscaping aril irrigation irnpxovextion. lcicated in the street right-of-way along roads abutting reverse frontage lots in proposed subdivisions: In addition, the policy establishes the funding of oto -going maintenance and replacement of City -owned trees in parkways of proposed subdivisions and maintenance of a prorated share of public park improvements. Before the City of Lodi approves a Final Subdivision Map, it must be assured that an appropriate funding mechahism is in place to cover the on-going costs . of maintaining and operating public improvements including but riot limited to wall, fence, irrigation and other landscaping maintenance and operation along major arterial and collector roads abutting reverse frontage lots. In additions, funding must be assured for the on-going maintenance and replacemem. of City -owned trees in parkways of proposed subdivisions and maintenance of a prorated. share of public park improvements, Developers must use one or both of the following .to provide the funding: 1. X972 (�ctLandscape and;Li titin I3t trio: The Tentative Map or Final Map will be conditioned with a requirement for.the foifnation of a Maintenance Assessment District. The district will include funding of ongoing maintenance, operation, and replacement of walls, fences, landscaping and irrigation improvements located in the street right-of-way along frontage lots. The district will be rewired to annex: to the Lodi Consolidated Landscape Maintenance Assessment District No. .2003-1. Formation costs will be paid by the developer. Formation of such a district may be accomplished in one of two ways: a) Formation of a new district::prier to the City approval of the Final .Map. The City Council angst adopta Resolution f Intention to create a new landscape and lighting district and Mild a public hearing at lea. st 4 days after adopting the Resolution of Intention. All landowners in the district will be givena ballot to vote on forming a district. The public hearing for district formation and final vote count is required before formation of the district is complete b) Formation of a new. distr ct fallowing the City approval of the Final Map, The City Council must adopt a Resolution of Intention to &der the Formation of a Maintenance Assessment District and Prelinnarily Approve the Engineer's Report concurrent with or prior to approval of a Final Map, The ownerldeveloper shall Snake a cash deposit with the City in the amount equal to 150 percent of the cost of the professional services required to implement formation of the assessment district. Formation of the district or zone mast be complete prior to the City Council acceptance of the subdivision improvements. I Homowncrs Associatiow. The owner/developer will be conditioned with a requirement ; for .the formation of a Hrimeovvners Association wh'cb will assess and collect fees from homeowners to ply for onwgoing rnazntenance, opera and repiacerr�er►t of .walls; fer�cas, landscapitag and irrigation improvements located in the street right-of-way and abutting reverse frontage lots (either within street right-of-way or within private easements). The regWreinent will be implernented by Agreement prior to final map filing. In addition, the Homeowners Association will assess and collect fees from homeowners to .pay for maintenance of City -owned -tress in parkways and a prorated share .of public park iWprovemeirtts. The amount to be assessed for those City -provided services will be provided by the City to the Homeowners A:ssociation. by June 30 each year. Payment to the City will be submitted 50 percent on or before December i0 and the balance on or before April 10. The City will review and approve the Conditions, Covenants and Restrictions to ensure the deeds reflect common ownership of the private easezi ent(s) and that the City has the right to enter the private easement(s) to perform landscapeservices, in the event the landscaping improvements substantially deteriorate below City Standards. Costs incurred. by the City to bring areas up to City standards will be billed and paid by the Homeowners Association to the City. The City of Lodi is to be named as a third party beneficiary in the Conditions, Covenants and Restrictions only for the purposes of allowing the City to correct substandard landscaping. f