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HomeMy WebLinkAboutAgenda Report - March 20, 1996 (48)CITY OF I,ODI COUNCII, COMMUNICATION AGENDA T i i LE: Public Hearing to Consider Appeal Received from Mullen. Sullivan & Newton on Behalf of Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and Off -Site Improvement Sections of the Lodi Municipal Code MEETING DATE: March 20, 1996 PREPARED BY: Public Works Director RECOMMENDED ACTION: Conduct a public hearing and take appropriate action regarding payment of mitigation fees and the applicability of the required dedications for public right-of-way and installation of street improvements for property located at 901 South Cherokee Lane. BACKGROUND INFORMATION: The issue in this matter revolves around paving and other site improvements made at 901 South Cherokee Lane without benefit of permit, payment of required fees or installation of required street improvements. The site is located at the southwest corner of Cherokee Lane and Vine Street. A sketch of the site and the improvements in question is attached as Exhibit A. Staff previously provided Council with a copy of correspondence, dated June 20,1995, from staff to the property owner, Mr. Galantine, detailing the history and circumstances surrounding this matter and outlining the requirements necessary to bring the development into compliance with City standards. A copy of that correspondence is attached as Exhibit B. Prior to the June 20 correspondence, a letter dated May 12,1995 was sent to Mr. Galantine regarding the pavement and grading work being done in Cherokee Lane and Vine Street without the required encroachment permit. This work was discovered in progress by a Public Works Inspector and a stop work order issued immediately. A list of concerns related to public safety issues caused by the unpermitted paving was provided in the letter and a response was requested from Mr. Galantine. A copy of that letter is attached as Exhibit C. On June 30, 1995, a Notice of Appeal, from Stephen C. Snider of Mullen, Sullivan & Newton, on behalf cf Mr. Galantine was received. A copy of the appeal is attached as Exhibit D. Staff contacted Mr. Snider and itwas agreed to postpone the appeal and try to resolve the matterwithout Council action. On July 20, 1995, a meeting was held between City staff and Mr. Snider. Mr. Galantine was not in attendance. At the close of that meeting, it was agreed that City staff would prepare a cost estimate for the off-site improvements on Cherokee Lane and would adjust the Development Impact Mitigation Fees on the basis of a Water/Wastewater Questionnaire to be completed by Mr. Galantine and returned to the Public Works Department. On July 27, 1995, a letter containing the estimated cost of the Cherokee Lane street improvements was sent to Mr. Snider's office. A copy of this correspondence is attached as Exhibit E. Itwas suggested that the cost of the improvements could be included in the Cherokee Lane Improvements portion of the Central City Revitalization Program if Mr. Galantine so desired. A cost estimate showing the estimated assessment district costs and the cost of including the Cherokee Lane street improvements was also provided. This offer was formalized in October when all owners on Cherokee Lane lacking street improvements were offered this option. APPROVED: H. Dixon Flynn -- City Manager CPH901SC.DOC 03=195 Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and Off -Site Improvement Sections of the Lodi Municipal Code March 20, 1996 Page 2 The Water/Wastewater Questionnaire needed to adjust the Development Impact Mitigation Fees was not received until September 26, 1995. The fees were recalculated based on the information provided and a summary of the adjusted fees sent to Mr. Snider s office on October 3, 1995. A copy of this correspondence is attached as Exhibit F. The fees were reduced approximately $10,000.00. There was no response to the correspondence sent by the City after the July 20 meeting until February 2, 1996, when a request to reinstate the appeal was received from Mullen, Sullivan & Newton. There are essentially four issues which require Council action. The issues and staff recommendations are listed below: 1) Cherokee Lane Improvements and Right-of-way Dedication This requirement was triggered by the value of the improvements made to Mr. Galantine's property. The value is not necessarily the same as the out-of-pocket cost to the developer. Generally, the value used to determine whether off-site improvements and dedications are required is supplied by the Community Development Department's Building Division based on information submitted with the construction application for a building permit. Since Mr. Galantine did not apply for any permits, the value of the improvements was based on an estimate of the cost of the improvements if done by a typical contractor. If the owner got a "good deal" or did a portion of the work himself, the value would not be reduced to reflect his actual out-of-pocket costs. In addition, there was other work done under permit on existing structures at the site within a 12 -month period which is also included when determining whether or not off-site improvements are required. The value of that work was set at $11,000.00 by the Building Division. In staffs opinion, the value of the work completed was well over the $27,400.00 threshold value in effect at the time of improvement. The improvements and dedication required on Cherokee Lane include dedication of a comer cutoff to allow installation of a handicap ramp and the installation of curt, gutter, sidewalk, shoulder paving and landscaping conforming to the Central City Revitalization Program Concept Plan. This will require removal of the pavement placed along the Cherokee Lane frontage without the required permit or inspection. The improvements require preparation of engineered improvement plans prepared by a licensed civil engineer and payment of plan check and inspection fees. Staff recommends the requirement for right-of-way dedication and installation of off-site improvements on Cherokee Lane be upheld. The owner has been offered the option of providing engineered plans and installing the improvements under the terms of an encroachment permit issued by the Public Works Department or including the cost of the street improvements in the parcel assessment for the Central City Revitalization Project. If included in the Revitalization Project assessment, the City will provide design services free of charge. The owner will be asked to sign an agreement authorizing the cost of the improvements to be added to the parcel assessment and will agree not to protest the District formation. Should the Council elect to waive or defer the improvements to Cherokee Lane, the public safety hazards created by the installation of unpermitted pavement in Cherokee Lane still need to be addressed. There are no provisions to protect pedestrians from vehicles or to protect vehicles from CPH901 SC.DOC 315186 Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and Off -Site Improvement Sections of the Lodi Municipal Code March 20, 1996 Page 3 a utility pole and speed limit sign which are now in the paved portion of the roadway. At a minimum, staff recommends that the owner install a curb at the future curb line to identify the edge of the road and to provide some measure of protection for pedestrians. The design of the curb needs to be approved by the Public Works Department priorto installation. The curb would be installed by a licensed contractor under the terms of an encroachment permit issued by the Public Works Department. In a related matter, Cherokee Lane south of Vine Street is a restricted access street. Any new driveways require Council approval. The southerly driveway at the site was installed without Council approval. Staff has no objection to the location of the southerly driveway and recommends that Council approve the location on condition of installation of the required street improvements. 2) Vine Street Dedication and Improvements This requirementwas also triggered by the value of the improvements made to the property. The right-of-way dedication required on Vine Street is 12 feet. Installationof curb, gutter, sidewalk and pavementfor streetwidening is also required. Staff recommends that the dedication and improvement installation requirements on Vine Street be upheld. However, since the ultimate right-of-way will encroach on existing buildingson the parcel, staff recommends that the improvements on Vine Street be deferred under the terms of an Improvement Deferral Agreement to be approved by the Council. The Agreement should also provide compensation for moving the encroaching structures at the time the improvements are actually installed. These terms are similar to other deferral agreements approved in the past 3) Fees a) Development Impact Mitigation Fees have been required due to a change in land use; i. e.. installation of a commercial operation on a previously undeveloped portion of the property. The impact fees have been adjusted downward to reflect information provided on the Water/Wastewater Questionnaire and to exclude the existing residential development on the parcel. Staff recommends that the payment of Development Impact Mitigation Fees be upheld. The impact of a commercial used car operation on City systems is certainly greater than that of bare ground. The site has been graded and paved and one of the residential units has been converted into an office for the commercial operation. b) A water service upgrade and water meter installation is required on the existing 2 -inch water service in conformance with Lodi Municipal Code (LMC)Chapter 13.08. Section 13.08.050. The costs of the service upgrade and 2 -inch meter installation are $933.33 and $500.00, respectively. If a 1 %-inch meterwill suffice, the meter installation charge will be $360.00. Staff recommends that the water service upgrade and water meter installation fees be upheld in conformance with Paragraphs A.4. and A.S. of the above -referenced LMC Section. CPM sc.00c Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and Off -Site Improvement Sections of the Lodi Municipal Code March 20, 1996 Page 4 4) Miscellaneous Requirements Since the site has been developed and pavement installed, the on-site storm drainage needs to be collected on-site and discharged to the public storm drain system in conformance with City standards. The on-site system can be connected to the existing catch basin at the southwest corner of Cherokee Lane and Vine Street under the terms of an encroachment permit issued by the Public Works Department. However, an encroachment permit cannot be issued until the Development Impact Mitigation Fees for storm drainage have been paid. Staff recommends that the property be required to comply with existing City standards regarding collection of on-site drainage and connection to the public storm drain system, as stated above, including payment of the impact fees for storm drainage. FUNDING. Not applicable. Jack L. Ronsko Public orks Director Prepared by Sharon A. Welch, Associate Civil Engineer JLR/SAW/lm Attachments cc: City Attorney Deputy City Attorney City Engineer Associate Civil Engineer - Development Services Mullen, Sullivan & Newton CPk901 SC.D0C '=`CITY OF LODI EXHIBIT A PUBLIC WORKS DEPARTMENT 901 South Cherokee Lane ° I V*�e ° sill R R/Wr I a) CATCH BASIN STOP SIG - � N RrN -, OFFICE new > HOUSE HOUSE b :� M H SE HOUSE Y�f U y •34Vdk• .�:. .-u: GI :w ...... SPEM LIIAIT .+ _ • vt:VV: SIGN : :..POLE ANCHOR :� • h EW OMEWAY vropirr , of ,Cir�B � Location of structures taken from 1992 aerial photograph. LEGEND: New Asphalt Pavement Previous Pavement Building Removed Tree Removed N.T.S. CITY COUNCIL STEPHEN J. MANN, Mayor DAVID P. WARNER Mayor Pro Tempore RAY G. DAVENPORT PHILLIP A PENNINO JACK A. SIEGLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LOOT. CALIFORWA 96241-1910 FAX 12091 333-6842 June 20,1995 iiGalan SUBJECT: 901 S. Cherokee Lane THOMAS A PETERSON City Manager JENNIFER M. PERRIN City Clerk BOB MGNATT City Attorney This letter is being sent to you as a result of the work you have done at 901 S. Cherokee Lane without obtaining the required permits. In your initial discussions a few months ago with Public Works Department staff, you indicated that you wanted to install a fence around the rental units on your parcel to provide more security for your buildings and, perhaps, pave part of the southerly undeveloped portion of the parcel for long term storage of boats, RV's, etc. Your main concern at that time seemed to be the lack of security for your tenants. You were advised by staff that any portion of the undeveloped site paved for long term Storage purposeswould be subjectto Development Impact Mitigation Fees for storm drainage. You were also advised that if a second driveway entrance from Cherokee Lane was desired, approval of the driveway location would have to be obtained from the City Council. You indicated at that time that you would be using the driveway on Vine Street if you created the storage space Subsequent discussionswith staff included drainage concerns on Cherokee Lane and Vine Streetfronting your property. You were advised that you could not do any work in the public right-of-way without submitting plans and obtaining an encroachment permit Since these initial discussions, you have demolished existing structures at the site, regraded and paved your parcel and placed asphalt concrete in the Cherokee Lane right-of-way without obtaining the required demolition and encroachment permits. Your development plan has also changed and apparently you have established a used car lot on the south half of the parcel with a new, unapproved driveway on Cherokee Lane. The establishment of this commercial operation on a previously undeveloped portion of your parcel was not the subject of the initial discussions. The scope of work completed at the site is sufficient in valuation to subject the project to the conditions and requirements of Chapter 15.44 of the Lodi Municipal Code, Off -Site Improvementsand Dedications. A copy of this section of the Code is attached. This ordinance Setsforth 901CHERZ00 RiverbendMotors June 20, 1995 Page 2 requirements for installation of public improvements and dedications for public right-of- way if the cost of a developmentwithin any twelve month period exceeds a predetermined threshold value. The current threshold value is $27.400. We estimate the value of the demolitionwork, regrading, paving and fence installation at the site to be very close to this amount. Coupled with the remodelwork to existing structures done in 1994, for which building permits showing a combined project valuation of $11,000 were issued, the value of the improvementsto your propertywithin the last twelve months clearly exceeds $27,400. Therefore, off-site improvements and right-of- way dedications are required. The construction of an auto sales business on a previously vacant property is also subject to the Development Impact Mitigation Fee Ordinance (Lodi Municipal Code, Chapter 15.64). A copy of the ordinance is attached. A summary of the requirements necessary to bring your development into compliance with current City requirements is as follows: 1) Obtain Council approval for the second Cherokee Lane access shown on your site plan layout. Cherokee Lane, south of Vine Street, is a restricted access street. New driveways or openings along your frontage must be approved by the City Council. Staff has no objection to the proposed driveway location. We will take this item to the Council upon resolution of the remaining items. 2) Pay Development Impact Mitigation Fees forthe new commercial operation. The enclosed Bill#E•1309 representsthe Development Impact Mitigation Fees for a commercial operation on previously undeveloped property. The acreage subject to the fees has been adjusted to exclude the existing residential development and the previously existing laundry and shop buildings which have been demolished. The standard rates for a retail commercial development have been charged. Itis possible that these rates could be adjusted based on information specific to your business operation to be provided in the WaterlWastewater Questionnaire addressed in Item 3 below. 3) Pay additional sewer capacity fee for retail commercial operation. Enclosed is a WaterlWastewater Questionnaire which needs to be completed and returned to our olfoe. The information provided on the questionnaire will be used to determine any additional sewer capacity fees required for this parcel due to the addition of the auto sales business. 4) Connect the on-site storm drain system to the public storm drain system. The on-site storm drain system needs to be.connected to the catch basin at the southwest comer of Cherokee Lane and Vine Street This work requires an encroachment permitfrom the Public Works Department. An encroachment permit cannot be issued until the Development Impact Mitigation Fees for storm drainage have been paid. Riverbend Motors June 20, 1995 Page 3 5) Dedicate right-of-way on Cherokee Lane and Vine Streetfor street widening. Dedication of right-of-way is required on Cherokee Lane and Vine Sfreet to meet City street standards. City staff will prepare the legal descriptions and deeds for your signature. 6) Design and install off-site improvements on Cherokee Lane (curb, gutter, sidewalk, paving and landscaping) In conformance with City Design Standards and Cherokee Lane section of the Central City Revitalization Program. Engineered improvement plans and an encroachment permit issued by the PublicWorks Department are required for this work. The plans need to be prepared by a registered Civil engineer in conformancewith the City of Lodi Design Standards and submitted to the Public Works Departmentwith the applicable fees for review and approval. If you wish. the improvements could be incorporated into the proposed Cherokee Lane Assessment District to take advantage of the long term financing. Since the ultimate right-of-wayon Vine Street will encroach on existing buildings on the parcel, the City is willing to defer the improvements on Vine Street underthe terms of an Improvement Deferral Agreement. The agreementwill also provide compensation for the encroaching structures at the time the off-site improvements are actually installed on Vine Street. The agreementwi!# require City Council approval. Please contact City Engineer Richard Prima at (209) 333-8706as soon as possible to discuss the above items. It is our intention to make the City Council aware of this matter. You have the right to appeal the above requirements to the City Council. The appeal procedure is included in Chapter 15.44 of the Lodi Municipal Code which is enclosed. .! . Ronsko Publ' Works Director JLRISAW cc: City Council City Manager City Engineer Street Superintendent Senior Civil Engineer Associate Civil Engineer- DevelopmentServices P.W. inspector McVicker 15.40.100 The sign face shall be white in color. All lettering or printing shall be rcd in color. and all two-inch letters shall have a minimum one -fourths -inch stroke, and all one -inch lettersshall havea minimum three -sixteenths -inch stroke. D. Prosecutions. Chapter 1.08 of this code applies to prosecutions under this section. (Ord. 1384 § I, 1986;prior code § 540) 15.40.110 Alteration or modification. On-site fire protection facilities, whether installed before or after the effec- tive date of the ordinance codified in this chapter, may be altered or repaired with the written consent of the fire chief; pro- vided, that such alterations or repairs shall be carried out in conformity with the provisionsofSeaian15. 40.030.(Prior code § 5-39) Chapter 15.44 OFF-SITE IMPROVEMENTSAND DEDICATIONS Sections: 15.44.010 Purpose. 15.44.020 Definitions. 15.44.030 Compliance required. 15.44.040 Exemption or deferment. 15.44.050 Improvements required. 15.44.060 Right-of-way and easement dedications. 15.44.070 Completion or guarantee. 15.44.080 Inspection and approval. 15.44.090 Fees. 15.44.100 Appeal. (Lodi Q-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) 15.44.020 Definitions. For the purpose of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section: A. "Development" means all residen- tial. commercial and industrial co nstruc- 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 similarimprovements which may o r may riot 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 improvements and dedication requirements set forth in this chapter. (Prior code § 5-21) .15.44.040 Exemption or deferment. A. The requirements of Section S 5.44.030 do not apply if the cost of devel- opment within any twelvemonth ped is determined by the public works director to be less than twenty-five thousand dollars. This amount s h a I I be adjusted by the public works director on July Ist of each year. beginning on July 1, 1994, based upon the change of the U.S. Avenge Engineering News -Record Building Cost Index. using the following formula: Amount z S25,000 XENR Index for luse 8 (ERE n&x for June t92) and that the amount shall be rounded to the C nearest one hundred dollars, B. The city may defer compliance with the requirements of Section 15.44.030 if the public works d i rec to r determines that it would be in the best interest of the city to cause all or a portion of the work to be done on an area -wide basis. provided that 15.44.030 the property owner enters into an agreement with the city agreeing that the property owner will undertake and start the consnc- lion of the required improvements within ninety days afte r notice is given by the city. The agreement shall further provide that in the event of default in undertaking and completing the required "improvements within the time specified. the city may cause such work w be done and the cost thereof to be assessed as a lien against the property, Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to con- stitute notice to any prospective buyer of such property, The city manager is autho- rized to execute such an agreement for and on behalf of the city. (Prior code § 5-22: Ord. 1569 § 1, 1993) 15.44.050 Improvements required. A. The off-site improvements req u i red for all developmenu under this chapter are as follows: 1. Curb. gutter. sidewalk. driveways and street improvements shall be 308-1 1 LAdi sun C installed fronting a I I porticns of the developer's properly being developedwhieh fronts upon a public strett or future public s=eat. Tne improvements shall be in acccr- dmve with the then -current city poitcies and city standards. 2. Water. sewer. storm drains and land- scaping shall be installed in accordance with the dm -current city policies and city stan- dards. 3. Electrical facitides and street lights shall be installed in accordance with plans prepared and approved by the city udlity departm,eaL B. Maris showing the off-site improve- menu shallbe prepared by a registered civil eng'sneer unless waived by thepublicworks director. C, The installation of off-site improve- ments within existing pubiie right-of-way resluires an cncrvacilmenr permit ftvm the city. D. Ifoff-siteimprovements exist thatdo not meet existing city standards or are inad- equate or a hazard to the general public, then thew off-site improvements shall, be rcconstrueted to current city standards. E. No occupancy permit shallbe issued or utility connections made unless the re- quired off-site improvements and dedica- tirns have been completed and approved. F. Strret improvementsand dedications made pursuant to this chapter are eligible for reimbursement as provided in Chapter 16.24 of this code, (Ord. 1527 § 9, 1991: prior code § 5-23) 15A4060 Right-of-way and ersement dedications. The public right-of-way and easement dedications required underthis chapter shall be in conformance with the then -current city 15.44.050 designv=dards andadopted specificplans. I -M required dedications shall be made prior to the issuatncc of a building permit or allowing the development top rooetd. (Prior code § 5-24) 15.44070 Completion or guarantee. Any person required too nstruct off-site improvements under thischapter shall either completesame to city specifications or shall guarantee such completion by furnishing to the city, prior to the issuance of a building permit or allowing a development ID pro- ceed, a surety bond. in�em of credit. or cash in the amount of the development's construction cost. (Prior code 15-25) 15.44.080 Inspection and approval. Off-site improvementsn 1imdunderthis chapter are subject to the inspecdon and approvalofthepublic works director. (Prior code § 5-26) 15.44090 Fees. The th e n -current applicable development fees must be paid prior to the issuance of a building permit, or allowing the develop ment to proceed, including: A. Development impact mitigation fees: B. Wastewater connection fee: C. Enginezring fee; D. Other established development fees and fees for service_ (Ord. 1518 J3, 1991 prior code § 5-27) 15.44100 Appeal. A Any person requimd to make im- provements or dedications under this chap ter may appeal any decision of the public works director to the city council. Such appeals shall be in writing and shallbe f0ed 309 !Loaf r•92a 15.44.100 with the city clerk within fifteen days of the Article HL Procedure and date notice of the decision is made. Requirers Wz B. The city council shall hold a hearing 15A8.130 Notice of overcrowding on the appeal wi th i n N rty days of the date by school d i s# ri cts— on which the appeal was Filed, The city Findings. clerk shall send wrimLcn nodce of the, hear- 15.48.140 Notice of overcrowding ing to the a ppe Llan t at least scv e n days prior by sch oo i d i s# ri ct a -- to the date of the hearing. The determina- Contents. tion of the city ownczl shall be oonsidered 15.48.250 Designation of as Final, (Prior code § 5-28) overcrowded school. 15.48.160 Residential development approval — Findings Chapter 15A8 required. 15A8.170 Residential development SCHOOL FACILITIES approval --Exemptions. DEDICATIONS 15A8.180 District schedule of use. 15.48.190 Land or r,�es— Sections: Preference of developer. 15.48200 Land or feez�-- Artide L General Provisions Determination. 15.4$.010 Title and purpose. 15.48210 Dedication. 15A8.020 Statutory authority— 15.48.220 Fee payrnenL Conflicts. 15.48230 Amount required. 15A8.030 General plan 15.48240 Use of land and fees conformance. 15.48250 Accounting and report 15.48.040 Regulation by sd=l district. promulgation. 15.48360 Termination of requirements. Article U, Definitions 15-48270 School capacity 15.4&050 Applicability. determination. 15.4$.060 Developer. 15.45.070 Dwelling unit. Article L General Provisions 15A8.080 Mobilehome space, 15.48.090 Sdnal districts. 15A8.010 Title and purpose 15A8.100 Conditions of The ordinance codified in this chapter overcrowding. shall be known as the "sd=l facilities 15.48110 Reasonable methods of dedication ordinance." The purpose of this mitigating conditions of chapter is to provide a method for financing overcrowding. interim school faciiities necessitated by new 15.48120 Residential residenda.l developmenu development (Lodi 1-92) 310 15.60200 sances, cause fraud on or victimization of the pLblie, or conflict with existing local laws or ordinances. E variances may be issued for now construction and substantial improvements and for otherdevelopment necasary for the conduct of a fwmcdonaliy dependent we provided that the provisions of Section 15.60.190(C) are sad5fied and that the strnc- tare or other development is protected by methods that miniflood damages dur- ing the base flood and create no additional threats to public safety. F. Any applicant 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 regulatory flood elevation and that the cost of flood insura sce will, be c ocunensraate with the i kmvued 3:L* resWdr g from the reduced lowest flood elevation A copy of the notice shall be recorded by the flood- p1ma board in the office of the San Joaquin County recorder and shall be recorded in a nuumer so that it appears in the chain of title of the affected parcel of land (Ord. 1426 (part), 1988) Chapter 15.64 DEVELOPMENT IMPACT MITIGATION FEES Sections: Adoption of stady, 15,54.010 Findings and pa pts 13.54.010 Definitions. 15.64.030 Development tmp�act herds. 15.64.040 Payment of las. OAIS heft) 320-16 15.64.050 Adoption of stady, capital lmprovemeat program and fees. IS.64.060 Calculation of fees. 15.64.070 Residential acre equivalemt factor. 15.64.080 Credit and reimbursement for earraunctioea of fusities. 16.64.090 Other authority. 16.64.100 Findings regarding use of fees. 15.64.110 Fee exemptions. 15.64.120 Fee adJustnent or waiver. 15.64.]30 Appeal procedure. 15.64.140 SevembiiUt7. 13.64.010 FbW ings and purpose. The council duds and decbm as fol- kMM A. In order to impl4amt the gods of the City of Lodi's geaaai plan and 1a miti- gate the impacts caused by neve' develop- ment in the city, certain public improve. menu must be or had to be conshucted. The city council determines that develop- ment impact mitigation fees are needed to finance these public imprvvemma sad to pay for new developments' fair share of the ooa ooata of these improvements, In estabMi ag the fees de mlxd is Ibis ebapter, the city coancl finds the fees to be cmisistent with its Snag plan and, pnxau- ant to Govcmment Code Secdon 65913.2, has cotasidered the effects of the lees with respect to the city's banning needs a estab- Ibbed in the bousing dement of the geaaal PIM S The pmpose of this chapter is to ftgenerallF1mrequiszoancubso Forth in this sabsecdon and subsection A of 15.64,010 this section and tc impose mitigation fess to of Lodi Development Impact Fee Study fund the cost of certain facilities andsenvic- pr, -p=d for the city by Nolte and Associ- cs, the demand for which is directly or atm and Angus McDonald & Associates. indirecdy poperated by the ty7- of new dated August, 1991, a copy of which is on development proposed in the general plan, ftle with t}'14 city clerk. The calculadon of under the authority of: the fee is bared upon the findings in the I. The police power of the city gr=cd referenced study. under Article XI, Sesdon 7, of the Califor- F. New development will generate new n i a Constitution; demand for facilities which must be accorn- 2. Tne provisions of the California rnodatedbycoronctionofnew orexpand. F_nvirc=ental Quality Act, Public R=urr. ed facilities. Tne amount of demand gener• es Code, Section 21400 it wq., which in aced and. Therefore, the benefit gained. general requires that aU developments miti- varies according to kind of use. Therefore, gate envirorLnental impacts; a "residential acre equivalent" (RAE) factor 3. The provisions of t!u California was developed to convert the service de - Government Code regarding general plans mand for gerrerni plan based land use cate- at Section 65300 et xq. including but not gorier into a ratio of the particular use's limited to the provisions of Government rate to the tate associated with a low-densi- Code Section 65404. ty, single-family dwelling gross acre. The C. It is further the purpose of this chap- council (Inds that the fee per unit of devel- tear m require that adequate provisions arc 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 m the approval of a new development. various development projects which have D. Development impactmitigation 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 deveiopntent impact consist of separate fees as described in mitigation fens; but havc not obtained a Section 15.64.030 of this chapter. The city building permit_ The city council finds and council shall, by resolution, set fonh the declamz that such projects should to al - specific amount of the hers; dendrite 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 speci(Ic improvements imposed under this chapter. (Ord, 1547§ 1. to he financed. their estimated cost and 1992; 1526§ 1, 1991: Ord. 1518 § I (part). reasonable relationship'rxtwean this het and 1991) the various types of new developmenu: and amt fonh time for payment- Adoption of 15.64.tT20 Definitions. such fee resoludons shall be done in cart- A. "Acreage" means the gross acreage pliance with Goverrraent Code sections for feecalcutadonpurposes ofany propetty 66016 et seq. within the city general plan area not includ- E The specific improvements to to ing the acreage of dedicated street right-of- ftnanced by the fee are described in the City way existing prior to development. except 320-17 (L*S 7M) 15.64.020 that the area of new dedicated stmt right- of-way in excess of thirty -Four feet on one side of a street shall not be included in gum acreage. B. "B u ilding permit" means the permit i -sued or required for the construction, improvement or remodeling of any strucMm pursuant to and as defined by the city build- ing code. C "Costs" means mounts spent, or authorized to be spent, in connection with the planning. financing. acquisition and development of a facility or service includ- ing. without limitation, the costs of land. construction, engineering, administration, and consulting fees. D. "Development" or "project" means any of the following: 1. For water. sewer and storm drainage impact fees; any new connection to 4he city system or increase in service dem and; 2. For streets impact fees; any project that increases traffic; 3. For police, fdrnpw� s and reCM4,Ron and general facilities impact fees: any pro- ject generating new or imreastd service dem and, E. "Facilities" m e airs those public facil- ities designated in the City of Lodi Development Impact Fee Study and as subsequently dcsignatcd by the cicy council. F. "Land use" means the planned use as shown cn Uic general plan land nue map d,en cd by the following categories based on the designations in the city general plan; 1. Low-density Residential. Sin,gie- family detached and aaached homes, sec- ondary ec- ondary residential units. and similar uses not exceeding seven uits per gross acrc. 2. Medium -density Residential. Single- family and muld-family residential u�and ami z-rn 320-18 similar uses between 7.1 and twenty units per gross aero 3. �flgh-density rrsidendal, Multi -family residential units, group quarters, and similar uses between 20.1 and thirty units per gross acre; 4. East Side Residential. This designa- tion reflects the city council's adoption of Ordinance No. 1409, This designation pro- vides for single-family detached and af- twhed hares. secondary residential oats. aryl similar uses not exceeding seven wits per gross acre: 5. Platuied Residential. Single-family dttachtd and attached Ypres. secondary rwidendai wail. multifamily residential units, and similar uses and is applied to largely undeveloped areas in Ot4 unincorpo- rated arca of the general plan. All develop meet under this designation shall be atr proved pursuant to aspec iMc development plan As specific development plans are approved. the planned residential desigra-- tion shall be replaced with a low. medium, or high density residential designation. or a pub[ iclgtiasi-public designation based on its approved use and density: 6. Commercial -Retail. Retail uses. res taurnnts, wholesale commercial uses, hotel and motel uses and service uses, public and quasi -public uses. and simile uses with a floor/am ratio not exceeding 0.40; 7. Commerclol-Office. Professionaland administrative offices. medical and dental clinics. laboratories, financial institutions. and similar uses with a rloorlarea ratio not exceeding 5.0 8. Light Industrial. Industrial parks. warehouses, distribution centers, lightnnanu- fazruring, and similar uses with a IIoorlama ratio riot excttdLng 0.50 9. Heavy Industrial. Manufacturing. processing, assmb(ing, rascarch, wholesale and =rap uses, trucking terminals. rail- road facibd, s, arca sirnil.3.r uses with a floor/area r>tb not exceeding 050: la. Pubiir,/Quasi-Public. Coyernment- owned facilities. public and private schools. and quasi -public uses such as hospitals and churches with a floor/ama radQ not exceed- ing 0.50. The appropriate residential acre equivalent factor for thew uses shall be determined on a case-by-case basis by the public works director. G. "Program f a per residential acre equivalent" means the total program costs, for a particular category of facility divided by the total number of residential acre equivalents and adjustzd for price changes up to the year of construction and for the con of financing, as identiried in the City of Lodi Development Lmpa.ct Fee study or subz5.tquern update For that particular camSo- ry- H. "Residentialaere equivalent factor" (RAE) is aconversion factor used to MGect the service demand for each land use. with respect to the same Characteristics for a lowdensity. single-family detachcd dwell- ing unit zoned in a residential zoning cate- gory ("R -LD" ]ow -density) based on the city general plan. (Ord. 1547 5 2. 1992: Ord. 1518 § I (part). 1991) 15.64.030 Development impart funds. A. Tree city finance director shall crtate in the city trtawry the following social interest-bearing trust funds into which all amounts coilezted under this chapter shall k deposited 1. Water fadudes; 2. Sewer facilities: 15.64.020 a General sewer facilities. b. Ketd=sn lane lift station. c. Harney Lane lift statfoa. d Quff Avenue lift smdon, 3. Storm drainage facilities: 4. S h u t improyements; 5. Police facilities; 6. Fre facilities; 7. Parks and recraadon fatalities: 8. General city facilities and program adm int Strap on, B. The fees shall ix expended solely to pay the costs of facilities (including i nte rest on i n to rfund 1 orn) or to reimburse dcycl op- en entitled to reimbursement under this chapter. The funds for the catcgori,ts listed above shall be kept separate. For purposss of this chapter. they ara referred to in ag- gregate as the "development impact fee fund." C. The city manager shall have LIle authority to make T o r n among the develop mint impact fee funds In assurz adequate cash flow. Interest charged on e x h loan shall Gc the same as the rate earrtcd on other city funds. (0rd. 1513 § I (part). 1991) 15.64,040 Payment of fees. A. The propeny owner ofany develop ment project causing impacts m public facilities shall pay the approphVe develop mcm mitigation rcc as provided in this chapter. The amount shall be calculated in accordance with this chapter and the pra- gram fee per residential acre equivalent as established by council resolution B. When such payment is rqu i red by tins chapter. no final subdivision map. building permit or grading permit shall be approved for p ropc ny within the city unless the development impact mitigation ffts for 320-19 trod, 7-I.r 15.64.040 that property arc paid or guaranteed as provided in this chapter, C The fees shall tie paid befora the approval of a final subdivision map. build- ing permit or gra,bing permit. whichever cc cu rs first except as provided in su bsecti o n E of tris section D. If a final subdivision map has been issued before the effective date of the ordi- nance codified in this chapter, then the ftes shall be paid before the issuance of abuild- ing permit or grading permit. whichever comes fiat except as exempted under Sec- ticn 15.64.1 l0 of this chapter. F_ Where the development project includes the installation of public improve- ments, the payrneru of fee; for Police, Fire. Eads and recreation and ge ne ral city facili- ties and program administradon may be deferred and shall be collected prior to acceptance of the public improvements by the city council. Payment of all defrrred fcas sha11 be guaranteed by the owner prior to deferral, Such guarantee shall consist of a surety bond. ins trurn e n t of c and i t, gash or other gu ww tea approved by the city arw r- ney. (Ord. 1526 § 2. 1991; Ord. 1518 § I (pan). 199 1) 15.64.050 Adoption of study, capital improvement program and fees. A. The city wuncil adopr_s the City of Lodi Development Fee Study dated August, 1991 and establishes a futon capital im- provement ptogratn consisting of projects shown in said study. The city council shall review that study annually, or mare often if it deems it appropriate. and may amerul it by zesolutien at its discretion & Tne city councilshail include in the city's annual capital improvement program 3." 7-M 320-20 appropriationsfrom the devclopmenL impact tx funds for appropriate projects. C E.Tcept forfacilides approved by the public warks diractor for construction by a properly owner under Section 15.64.080 or as shown in the annual capital improvement program, all faci.lides shall be constructed in accordance wi Z the schedule estabLis hed in the development impact fee study. D. The program fee per residential arm equivalent (RAE) shall be adopted by reso- lution and shall be updated annually, or more frequently if di rac ted by the city coun- cil. by rwoludon after a noticed public haaring. The annual update shall be bawd on a mport by the public works director including the estimated con of Utie public improvements. the continued need for those improvements. " the reasornable relation- ship between such need and the impacts of the various types of development pending or anticipated and for which this fee Gs 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 5 1 (part), 1991) 15.64.060 Calculation of flees. A. The development impact mitigation fees required under Section 15.64.040 ata calculated as follows: F-PxRAE T-AxF where: A - acmago. compoul to tate nearest 0.01 acm: F = fee per acre per land use category per the definitions in Ws chapter. rounded m the treat ten dollars: P- program fee per residential acre equiva- iau as asublished by mmiudon: and RAE = the residential acre equivalent (RAE) factor for the gnmoprim land use category (sec Section 15.64.070): 320 -?0a 15.64.060 a," I-= 15.64.060 T = the total mitigation fee for each catego- ry of public facility. B. The calculated fees am subject to adjustment per Section 15.64.120 of this code. (Ord. 1518 9 1 (pan). 1991) 15.64.070 Residential acre equivalent factor. A. The residential acre equivalent factor is based on the development impact fee satdy. B. The residential acre equivalent (RAE) factors are as set out in the follow- ing table. $term Get+awl Land Use Water Sewer Draisop Streets Police Fire Parks & Facilities Categories RAE RAE RAE RAE RAE RAE Rareasioe RAE RAE RESML%TIAL Low Density 1.00 1.010 1.00 1.00 1.00 LAO 1.00 I.00 Medium Density 1.46 L96 1.00 1.96 1.77 1.96 1.43 1A3 - Ifi{h Dcnsiry 3A9 3.49 1.00 3.05 4.73 432 2" 3.80 East Side Residential Loo 1.00 L.00 L.00 1.09 1.10 1.10 1.10 PLANNED RESIDENTIAL Low Density 1.00 1.00 1.00 1110 1.00 1.00 1.00 11]0 Medium Density 1.96 196 1.00 1 % 1.77 1.96 1.43 1.43 ELiyh Density 3.49 3.49 1.00 3.M 4.73 431 Im 2-90 COMMERCIAL Retail Commer- eial 0.54 0.94 133 4.12 2.69 033 029 Office Coattmemw 0.64 0.94 133 3;7 IM 2A6 0.54 133 INDUSTRIAL 320-21 M" 7-91) 15.64.070 5inrm General Land Uso Water Sower Drai"V Sonnets PoUce Fire Parks 3t FOCUitles Catepties RAE RAE RAE RAS RAE RAE Racreadon RAR RAE INDUSiRUL Ugbt Industrial 026 0.42 133 2.00 030 0164 0?3 0.64 Heavy Industrial 016 0.42 133 21 0.19 0.61 033 02 (OnL 1547§ 3, 1992: Ord. 15 18 5 I (pan), 2. If the amount of credit is ]431 1. tW 1991) the amount of the otherwise applicable tee, the property owner shall pay the am o snot 15.64.080 Credit and reimbursement which. when added to the credit mceived for construction of for the cowmcdon of facilities, equals the fadutim f a obligation, A. Construction ofWrilities in Program 3. If the amour: of credit isgm=r than Year. the amount of the othewise applicable 1. The public wo ries d irtcto r may d incl mitigation fee, the p rope rty owners ha U be or authorize the owner to construct certaIn paid the difference only from the appropri- facilities specified in the development im- ate development impact fee Fund afar the pact fee study. or portions thereof, at the project is accepted by the city. and at the time and as designated in the study. in lieu end of the year in which the pmjcct is of aLl or a portion of, the f a mquimd by planned to be completed under this study. this chapter. The owner is cndtdcd m a B. Construction of i=a,:Uitit5 Prior to e ted i t if the owner: (1) constructs the im- Program Year. provements, (2) ftnarcts an improvement 1. If the construction described in sub - by =h or other means appmved by the seeticn A of this section occurs be tori the council. or (3) a combination of the about, f"tscal year for which Construction is wh,,,d The credit to be provided to the property sled under the study. the property owner owner small be determined by he public shall raceivc no immediate credit against the works dimctorbas,-d onpmiaihngconsuuc- applicable C,", The property owner s�ilbe tion Corr plus ten perctnt for engineering reimbursed firm the appropriate develop. and ad.rn insonation and shall be approved by ment impact Fee fund at rhe end of the year the cowlciI, The construction of a facility authorized by this sccdon test consist of a usable facility or segment and be approved by the city and constructed in accordance with the Oys public improvement design standards. The p ro pe rti' owner trust post a bond or other securiry in a form wcegtable to the director for the complete performance of the construction before credit is given. aqui 7.92) 320-22 in which the proles is planned under the study program year. T k reimbursable amount shall ct ttx t7" aced c= of me faciiiry as determined in subsection A.1 of this section. VYNh specific approval of the council. reimbursement may occur after the year in which the project is planned, if in the opinion of the public worksdirc=r, the delay is necessary to assure the orderly impLementadon of the city capital improve- ment pmgracm, 2 To implement sv b--� o n B. I ofthis section the property owner and the city shall first enter into areimhrc inert agrr" me= In addition to its other the agreemens shall provide that; a The general fund of the city is not liable for payment of any obligationsVising fmn the agreement, h The credit or taxing power of Luse city is not pledged for the paymmt of any obligations arising frcmthe agreement: C. 1 ne L�rr! ager straLl rptrme cxerCt:e Of Lha city taxing power or rho forfeirum of any of its property to satisfy any obligations arising from the agmemenz d. The obligation arising from the agrtcmtnt is not a debt of the city. nor a legal or equkabte pledge. charge, lire or encvmbr�n e, upon any of itis property, or upon any of its income. receipts or rave- n us and is payable only from the fees deposited in the appropriate city cbW meso impact fee IN"; e. The m Lmb u m ]t arnoimt shall be increased annually to include an amount attributable to interest. Thisamoarttshallbe based on the change in the Engineering News Record 20 Cities Construction 03n Index from the January 1st Index of the year of co its auction m the January 1st index 15.64.080 of the year of reimbur,;emcnt. (Ord. 1518 4 1 (part), 199 1) 15.64.090 Other authority. This chapter is inttnded to establish a supplemental method for fund ing the cast of certain facilities and services, (, 4 demand forwhich w i I I be generated by the level and type of development proposed in the city gtrtml plan. The provisions of this chapter shall not be c ars t3% cd to limit the power of the city council to inpose any other fees or exactions or to continue m lmp�Lsc exisdq ones on development within the city. but shall be in addition to any other nxpire- me.nts which the city council is authorized to impose, or has previously imposed. as a condition of approving a plan. rezoning or othererLddement within the city. hiparticu- lar. individual property owners shall mmaln obligated to fiord, construct and/or dedicate the "mpMY=,tn" publicfw7ides and crt= exactions required by. but not limited to, the city code, public hprnv,smcrui besign standards and other applicable dczments. Any credits or reitrbursatents under Seo- tial 15.64.080 shall not include the funding. 0oa_,=cdM or dedicatiomdescribed in ft section. (Ord. 15IS § I (pan). 1941) 15.64.100 Findings regarding use of fees. A As required underGovemment Code Section 66001(d), the city shall make &A- ings once each fiscal yeas with resp m any portion of the fee mm fining unexpend- ed or urxxm.mim ed in its aLcc=t five or mome years after deposi t of the fee, to iden- tify the puTo,-4 to which the AL is to k put and demonstrate a reasonable relation- ship betwem the fee and the purpose for which it was charged. 324-23 a.r son 15.64.100 B. As required unser Government Code Secdon 66001(e), the city shall reft-4 to the ct=nt rtcord owner on aprorated basis the unexpended or uncommitted portion of the fee, and any isuertst accrscd +hereon, for which need cannot �,c established. (Ord. 1518 § 1 �erv, 1991) 15.611.110 Fee exemptions. The following developments arc exempt tmm payment of fess described in this chapter. A City projects; B. Projects constructed or financed under this chapter; C. Reconstruction of, or rasidandai additions to single-family 6walli_ngs, but not including additional dwtaing tants; a Property which has paid a master ".. drain fee pursuant to Resolution 3618 or ordinance No. 1440 is exempt from payment of the storm, drainage impact fee except for changes inland use as described in the tea resolution E. Additional exempdon fordevelopmeru projects in progress: 1. A project on a parcel (or portion of a parcel) which has, on the effecdva date of the ord awot codified in this section, re- ceived the appropriatedcvelopmcnt approv- al, but has not obtained a building permit and has paid appropriate ktiptim fees under Resolution 3618 or Ordinance 1440, shall oc exempt fwn inpositi cn of the development impact midgad an fees imposed under this chapter except the sewer lift station are a fees. 2. For purposes of fl -As subsection "ap- propriate development approval" shall in - dude: b. An approved final subdivision or Plr' 1 map: a An approved us: permit when no map was ra­qul red; d, An approved public improvement agreement. 3. The exemption tu-derthissubsecdon shall not apply to changes in land use, pursuant to subsection D of this section for norm drainage impact fees., 4. The exemption under this,;3sbsecdQn shag apply on projects which include a change inland use ID a more 'Ne rdYt use as 3e Rr; td in this chapter only to the extent that the previously agprovai larnd use St zU be considered an existing use and the pro- ject shall be charged the appmoate in= - mental increase as provided in this chapter and the fen resolution. (Otcl. 1526 § 3. 1991; Ord. 1518 4 1 (part), 1991) 15.64120 Fee adjustment or waiver. A The owner of a project subject to a fee under this chapter may apply m the public woks dirr3=r for an adjustment m or waiver of that fee, The waiva of this fee shall be based on the absence of any reasonable relationship between the impact on public facillitiesof that development and either the amount of fee charged or the type of facUities to be financed. B. The application for adjustment or waiver shall be made in writing and filed with the ciV citric Zvi later than = days after formal nodEmatim of the fee w be charged. The application dallst= in detail the factual basis and legal theory for the claim of adjustment or waiver. G It is the intent of Chis chaptc r Cunt: 1. The land use categories are based on a An approved or conditionally ap- general plan drsignadow which arc an proved tentative map; average of a Wide range of specific land cry i - m 324-24 uses; thus su bsW d al variation must be shown in order to justify a fee adult; 2. The public' -ones d&e=r xaay cal • Late a fe-c andlor mgwre additional Lmprvve- mous where the service demand of apartic- ular land use exceeds the standards shown inthe defitidons orused indett=Ul ng the Lrnprovaments nee�td under tl-e fa qm- gram: 3. The fee caasories shall be a d d - e d individually: thus it may Occur that a tet adpxstment or waiver is Ma(b in one category and not another. and 4 Wr4m improvements providing capacity forci4 subjectpunJ^ havealrr y beers conaructed. a downward adjustmeru Of the fee is nct appropriate. D. The public works dirxtor shall consider the application at an LntQrmal hearing held within sixty days aitcr the filing of the r•m adjustment orwaiverappii- cadom The decision of de pub.Lic worm director is appealable putsu.ant to 3cption 15.64.130. E. The applicant bean the burden of proof in prose -ming sutra ndal evidence to support the application. 'the public wodcs directorshall considerthe following tactors in its determination whether or nor to ap- prove a fet adjustment or waiver, 1. Tire factors identified in motion 66001: a The purpose and proposed uses of the fee. b. The type of development. 320-24a 15.64120 aAA 14M 15.64.120 rw The relationship between the fee's of the prate The cOuDW stroll consid- use and type of development, er a1i relevant evidence presented by the d. The need for improvements and the appellant, the public w o r k director or other type of development, and interested party. a The amount of the fee and the por- E The derision of the city council is tion of it attrsbutable to the developmea4 final; it is reviewable by a court under Code and of Civil Procedure Section 10945- 2. The substance and nature of the F. The city adopts the Cade of Civil evidence including the developmemt impact Procedure, Section 10945, for the purposes fee study and the applicant's technical data of judicial review under this section. A supporting its request. The applicant must petition seeking review of a decision under present comparable technical information to this chapter shall be filed not later than the show that the fee is inappropriate for the ninetieth day following the date on which particular development_ (Ord. 1518 5 1 the decision of the hearing of5oer becomes (putt, 1991) final- (ord. 151$ 5 1(part) 1991) 15.64.130 Appel proaedum 15."140 Sererabdity. A The public works director is respon- If any provision or eJaase of the ordi- sible foradmin� collecdn& acdbhi& nance edified m this chapter or the applii- adjusting, and refundirgdevelopment fees. cation thereof to any person crci c�amsuac- (_ A decision by the public works director as is held to be final or to be regarding a f a imposed under this chapter oth=wise invalid by any court of competent is appealable n accordance with this sec- ]wUdIctkM such invalidity shalt not affect tion. A person seeking judicial review shall otha ordinance provisions or clauses or first seek an appeal under this section afpUcat w thereof which an be imply B. A person appealing a decisionunder mented withont the invalid provision or this chapter shaU file a request v&h the clause or application, and to this end the public works director who isresponsiblefor provisions. and clauses cf the ordinance processing the appeaL Tho appeal shall be codified in this chapter are declared to be m writing, slating the factual and legal severable. (Ord. 1518 5 1(pa4 1991) grounds, and shall be filed within ten cafe dor days following the decision of the pob. lic Wotics du a ctoc being appealed, C The public works director shall notify the city manager of the appeal. 'lie City enaea;et sl U eht the to a tta for hearing Mote the citycouncil and notify the person appealfg lsr writing of the time and place.. D. The city cavil stall conduct the beast n& pale wawInAW of ha and a written deciaisa on the matter, and shall preserve the complete aftinisud" rveord Y:l 320625 a.+ zany I 5 T A T-, L .. T CITY OF LODI FINANCE DEPARTMENT Please detach and return this stub CITY OF LODI y with your eayment. City Mall 1 221 West Pine Street / P.O. Box 3006 I Lodi, GA 95241-1 91 0 Richard Telephone (209)334-5634 Galantine 6120195 6/20195 906 GATE PATE E-1309 E-1309 INVOICE NO. INVOICE YO. J Make your check payable Lo CITY OF LODI AMOUN AMOUN Fees for development at 901 S. Cherokee Lane $19,782 30 $19,782 30 Charges for Development Impact Mitigation Fees, I per attached Summary Sheet. GALANTIN.POG "e Imov wan Reminder — Did you include your stub? CITY F V Q Development Impact Mitigation Fee i5tf rc w6p.Ks bmik-wo Summary Sheet Subdivision: nla Name Parcel: 901 S. Cherokee Lane, Lodi. CA 95240 Address 047-390-002 APS Developeriowner Richard Gallantine (Riverbend Motors) Name Project Description: Used car lot on undeveloped southerly portion of parcel n/a We WX Notes: i. The aer"ge has been adjusted to a9ow credit for the existing residential development and previously erdeting shop and laundry build1nos which have been demolished. G 1„ Approved s �L Record 4: Date OWL Gam Date Paid: (Fee eategory i d" a) Fee Category Account #1 P RAE I Adj, I F I A I T 11 Saver FaWles - General 17.9-661 S 1,080.00 0.941 IS 1 00 1 0.47 40.00 - UR $tW$n 31 Slam DMftp Facilities 32.6-881 $ 7,830.00 1.33 S 10150.00 0.47 = 770.50 Street 1 - Local W -11-M1 $ 5,440.00 208 S 11 .00 0.47 $ 3,065.&3 Street 1 - R icrtsi 33,2.661 $ 2,234.57 Police ProWdon Fades 121.54681 $ 1,130.00 4.12 S 4,660.00 0.47 $ 2,190.20 Firs Prdecton Fatales 121.6.661 $ 540.00 269 S 1,450.00 0.47 $ 681.50 71- Perks & Recreation Factities 121.7-661 $ 11,830.00 0.32 $ 3,790.00 0.47 S 1,781.30 General C Fac. & Prog. Admin. 121.x--861 S s.exool 0.89 s 8,060.00 0.47 $ 2,857.60 Total 1-8, $11,782.30 P +• Program Fee per Residential Acre Equivalent 1RAEf per Resolution 91-172. due prior to nl!!c approval RAE - Residential Acre Equivalent per LMC 1115.64.070, unless adjusted. - Adj. - Chocked if RAE is ad'usted, see Notes below. F — Fee per acre (rounded to nearest $10.00) - P x RAE. A - Gross acreage per LMC 915.64.020A & 15.04.060 (rounded to nearest 0.01 octal. T - Total Fee for service category — A x F. Notes: i. The aer"ge has been adjusted to a9ow credit for the existing residential development and previously erdeting shop and laundry build1nos which have been demolished. G 1„ Approved s �L Record 4: Date OWL Gam Date Paid: (Fee eategory i d" a) MMER IAL WAT 10 KTER CITY O L 4 D I yy/)6, ER PUBLIC WORKS DEPARTMENT U E I N IRRE T7i s questionnaire is for businesseswhich use and discharge water only from normal employeerestroom uses and/or the business type Is listed in one of the commercial categories below. Attach additional sheets if needed. Tyoe or print clearly. Name of proposed business: Proposed address of Lodi operation: Present address of business or home office: Person to contact about questionnaire: Phone: ( ) or ( Which category numbers) below best describes your business? Conlintred on side two. Give a brief description of how your proposed business may differ from the typical business in the category(s) Indicated. Unit of #ieeehaw "Oft owsow 2. kfernp phme. pubis alin' sa p EgNK* 3. a . msNl rrflhearl k0cherlsttee We a Naps, mow with m w%r erw each and 5. VOWW ary cBnlc empkyeae 6. Po1K olio! ernpipyeee 7. Fu hal parlor employees e. Sewklce efellon with owvhx quapee pun"8. SoAffee elellon hsl 4W MWiC* 9vagwpamps 19. c6► Mesh, muwwlc bey per bey It. Cq wash, Ma omm boys per bey 12. 600aGPh V** end b*w slvdents 13. Hl�h ha01 - a/ydenla is EGOAg pWo. me" only 0"" rxpedry" 15. E40V piste, esatnp and Mke-gut. aeetap CUPN* ' 1$ Efafb+p Plica, 'p1;m perk)e a-" npeety` 17. Eaft place, iek"A OMy empbyow 18 Luilwh truck bueknea 9"VIC1ees 19. Lawd". Ooin.op., me mseh, trhechIr" 20. Larsdry, eotn op., NO meati, mfdhkhe 21. orf Ck+wdn0 ernplayese 22 DWORre el6ce employees 2y. Ofte, elan, wenhouse. Mnplaysee nueulsak*w (dry!}. DOCWs, co weckm 0 end %-ey 24. oMlFss r 00*ry $axe, SupOrrns4*1 (Having empWises vwruh or weftr/rrM21 MCabns) 25. Ilex esaunp capwCly' 26 68fter, beauly whop wrorkstslbns 27 AN01 1, owwakwent hohrhs b p& 25 PAW and relbement hems bedb 29 W4010 hone perk pods 50 RV tlump tssllen emkm ON *"m* MP" Is urhknoWn eubmh Itis ares (in **we 1ee1) of We er fQ eros (reNaunnle) or Me/pew ares your business? Conlintred on side two. Give a brief description of how your proposed business may differ from the typical business in the category(s) Indicated. Commercial Business Questionnair( Side 2- 1. Total number of employees: Existing employees (expansions only) Initial employees (or after expansion) Ultimate employees (by approximately month , 19 } 2. For categories which list units of measure other than employees (Le. seating capacity, beds, etc.) list the initial and ultimate numbers for the units of measure. Unit of measure (from side one): Existing (expansions only) Initlai (or after expansion) Ultimate (by approximatelymontr , 19___,____) M111MIGWOM-ru I Will there be or is there handling of chemicals or toxic substances? (not Incl. packaged items to be sold) Yes No Ifyes, please list. (attach MSDS sheets if available) 4. Any special water needs or circumstances? (i.e. temperature, booster pump, minimum water pressure, etc.) Yes No if yes, explain 5. Any special wastewater (sewer) discharge needs or circumstances? (i.e. batch dumping. organics, grease) Yes No ifyes, explain 6. Any special storm drain needs or circumstances?(I.e. washdowns, potential spills) Yes No if yes. explain I attest that the information given is correct to the best of my knowledge. Signed: Type or print name and title: Date Return to: Lodi City Hall, Building Inspection For questions call: 221 West Pine Street, Lodi, CA 95240 Water/Wastewater Office (209) 333-6740 RMfM 1/17/97 CITY COUNCIL STEPHEN I. MANN, Mayor DAVID P, WARNER Mayor Pro Tempore RAY C. DAVENPORT PHILLIPA PENNINO LACK A. SIECLOCK CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LOOI, CALIFORNIA 95241.1910 FAX (209) 333-6842 May 12, 1995 Riverbend Motors Attn: Richard Galantine 821 S. Cherokee Lane Lodi, CA 95240 SUBJECT: 901 S. Cherokee Lane EXHIBIT C THOMAS A PETERSON City Manager JENNIFER M. PERRIN City Clerk BOB McNATT City Attorney As we discussed on the phone, we have reviewed the asphalt concrete that was placed in the Cherokee Lane right-of-way today and have several concerns. Before we can issue an encroachment permit and allow the new asphalt to remain, we need a written response explaining what you will do to keep vehicles from parking in the area between the future curb and the right-of-wayand what your plans are for protecting the pedestrians walking along Cherokee Lane, how you plan on controlling access to the site, and how the drainage both on-site and off-sitewill be directed into the storm drain system. There is a speed limit sign and a utility pole in the new asphalt that must also be protected from vehicles. This protection should also be included in your discussion. We will reviewyour plan and respond with our comments. You have also done some grading and compactionwork in Vine Street No additional work may be done in this street right -of -way without an encroachment permit. Again, before the Citywill issue an encroachment permit for otherwork in Vine Street, we must see and approve a plan showing your proposed grading, paving and traTc control. Should you have any questions, my phone number is 333-6706. Wes Fujitarl Senior Civil Engineer N4 cc. Rtreetsuo�rin gVdept ssocrate will Engineer- DevelopmentSeMcesw P.W. Inspector McVicker L90tCHE1tMOC EXHIBIT D R R C; rn., g �, f E, JUN S 019951. N T E APPEAL f C, f Y OF LOCM l�``-+"-+r4 1 i.`OLIC 5i'O'i`:i LirPAc:TN;E:17 Pursuant to Section 15.69.130 of the Lodi Municipal Code, Richard Galantine hereby appeals the decision of the Public Works Director assessing development impact mitigation fees regarding the property located at 901 South Cherokee Lane. The basis of the appeal includes, but is not limited to: 1. Representations made to Mr. Galantine by City staff concerning the applicability of the development impact mitigation fee and the cost thereof. 2. The applicability of the development impact mitigation fee to the works performed by Mr. Galantine. 3. The fees are being imposed for matters not reasonably related to the work done by Mr. Galantine. 4. The works performed by Mr. Galantine do not constitute a "development". 5. The mitigation fees sought are not directly or indirectly related to the work done by Mr. Galantine. 6. The work done by Mr. Galantine will not generate new demand for facilities. 7. The amount of the fees is arbitrary, unreasonable and capricious. DATED; June 30, 1995. MULLEN, SULLIVAN & NEWTON Sy STEPHEN C. SNIDER Attorneys for Richard Galantine CITY COUNCIL STEPHEN J. MANN, Mayor DAVID P. WARNER Mayor Pro Tempore RAY G. OAVENPORT PHILLIP A. PENNIND JACK A. SIEGLOCK CITY OF LODI Stephen C. Snider Mullen, Snider& Newton 1111 W. Tokay Street Lodi, California 95242 CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 {2051 333-6708 FAX (209) 333-6842 July 27, 1995 SUBJECT: Estimated Cost of Improvements 901 S.Cherokee Lane EXHIBIT E THOMAS A. PETERSON City Manager JENNIFER hi. PERRIN City Clerk In accordance with our discussion on July 20,1995, we have prepared an estimate of the cost for design and installationof street improvementson Cherokee Lane required underltem 6 in our letterdated June 20,1995. The improvements include curb, gutter, sidewalk, street paving, landscaping and irrigation. Our rough estimate for the cost of this work is $21,000.00. Clty Attorney As we discussed, since the parcel is located in the assessment district currently under development for the Cherokee Lane Improvements portion of the Central City Revitalization Program, it may be possible to add the cost of the street improvements to the assessmentfor the parcel. This would provide some financial relief in the form of reasonable interest rates and term of repayment. Listed below are the approximate costs for the parcel underthe Central C i Revitalization Program assessment district, including the cost of the street improvements mentioned above. The annualized debt costs assume an interest rate of 7 percent and a repayment term of 15 years as shown in ft Central City Revitalization Program Conceptual Development Phase documents. The costs for the parcel are based on a lineal frontage of 178.89 feet on Cherokee Lane and a parcel area of 41,950 square feet. Mullen, Snider & Newton July 27, 1995 Page 2 Assessment District Improvements Cash Payment Annual Payment, if no cash payment Street Improvements Cash Payment Annual Payment, ifno cash payment $13,880.00 $ 1,900.00 $21.000.00 S 2,650.00 If you have any questions, please contact me at (209) 333-6706. 1 AA Richard C. Prima, Jr. City Engineer RCPISAW cc: Mociaie gnt Engineer - DCHIBff F C1 TY HALL ?,).l WEST PINE STREET CITY OF L O D I John M. Lucbberke P.O. BOX 3006 Deputy City'Attorney 1.QD1. CALIFORNIA 95241-1910 CITY ATTORNEY'S OFFICE (209) 333-6701 (209) 333-6807 FAX VDr October 3, 1995 OCT +041995; r . a CITY 01- LODI Mr. Steve Snider Mullen, Sullivan & Newton 1111 W. Tokay Street Lodi, California 95242 Re: Richard Galantine Dear Mr. Snider: Enclosed please find a revised Development Impact Mitigation Fee Summary Sheet for Mr. Galantine's project. Please note that the impact fees have been reduced by approximately $10,000:00 under the original estimate. This change is based on the Commercial Water/Wastewater Questionnaire submitted by Mr. Galantine on or about September 24, 1995. If you have any questions or concerns please contact me directly. Sincerely, r4HI1 LUEBBERKE .--' Deputy City Attorney YML/pn cc: Sharon Welch Rich Prima i.\cA\cITY\coRR=\L-cALLTN.Doc Development impact Mitigation Fee CITY O F L O D {�merom�fltaelllpact Mitigation Fee �1BNE 1IV01�4ES BEA TMffWi I-- Suffiffifir-y sheet Subdivision: n!a n/a n/a blame Tran Al Ftle s Parcel: 901 3 Cherokee Lane, Lodi. CA 95240 rva Address. u"4r ;Ql' X as Fee Category Account # 1 P I RAE ! Adj. F F A II T 1 Water Fed9tfes 18.2-6611 S 5, 0.001 0.121 x(1) IS 660.00 1 0.47- f S 319.60 2) Sewer Faaft a - General 17.3.661 15 1,060,001 0.271 x(i) i S 290.00 0.47 • S 136.30 - Lift Sbftn • 3) SkormOnktage Facilities 326 -WI j S 7,830,001 1.331 I3 10,150.00 0.47- S 4,770.50 4 Strad l anis - Local 327661 $ 5,440.001 0.391 x(2) 13 2,120.00 0.47 • S 577.91 Street I eras - Regiagel 33.2-661 ?:� .' S 415.48 3) Poke Prolecoon Facoft 121.5-661 S 1,130.001 4.121 13 4,660.00 0.47' S 2,190.20 Fits Protection Facilkies 121.64181 S 540.001 2.69 $ 1,450.00 0.47 • $ 681.50 Parks b Recreation Facilities 121.761 S 11,830.001 0.021 x(3) IS 240.00 0.47' $ 11280 8) General City Fac. & PM. Admin. 121.8.861 S 8.8M.001 0.07 x(3) is 460.00 0.47 • S 225,60 P —Program Fee per Residential Acre Equivalent (RAE] per Resolution 91-172, $9,432.90utiun 91-172, due prior to appfaYa( RAE - Residential Acre Equivalent par LMC 615.84.070, uriess adjusted. Adj, - Checked if RAE is adjusted. see Notes below. F = Fee per sera (rounded to nearest $10.001 - P x RAE, A Gross acreage per LMC iIS. 64.020A & 15.64.060 (rounded to nearest 0.01 acre). T - Total Fee for service category - A x F. The acreage for all categories has been adjusted to allow credit for the existing residential development and previously eldating chap and laundry buildings which have been demolished. Jeps: The water and lower fees we based on the sewer service units tSSU) or sewer capacity fee assigned to the project. Based an he employee information provided on the Water/Wastewater Questionnaire, the RAE factors were adjusted to reflect the minimum :opacity fee of 1 SSU. L The RAE factor was adjusted based on information obtained from the ITE 'Trip Generation" manual for similar tend uses. 1. The RAE factors were adjusted based on information contained in the WaterfWastewater auestionnairs. The fees are based on rna (1) full -tine employee (the owner). BY Approved: Record 0: Date Baled: Dale Paid: (Fes coagory 1 thru 8) l�-S0;: 7 ai TA,77L= CITY OI+ LODI Carnegie Forum 305 West Pine Street, Lodi 3/sa NOTiVd OF PUBLIC HEARING Date: March 20,1996 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, March 20, 1996. at the hour of T00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing to considerthe following matter: a) Appeal received from Mullen, Sullivan & Newton on behalf of Richard Gallantine regarding mitigation fees for the applicability of the dedication and off-site improvement sections of the Lodi MunicipalCode. All interested persons are invited to present their views and comments on this matter. Written statements may be tied with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk P.O. Box 3006, at or priorto the Public Hearing. By Order of the Lodi City Council: Cit C1e Dated: February 21,1996 n Luebbe City Attorney JACITYURKIFORMS NOTGEM.DOC WOO Public Hearina - Richard Gallantine Anal Ch February 22, 1996 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct Executed on February 22, 1996, at Lodi, California Jennifer M. Penin City Clerk dccmaiUforms John M. Luebherke Deputy City Attorney Sharon Welch Public Works Department Mullen, Sullivan& Newton P.O. Box 560 Lodi, CA 95241-0560 advins/forms CITY OF �JODI NOTIC OF PUBLIC HEARING Carnegie Forum Date: April 3, 1996 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 3.1996 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Continued Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi. to consider the foilowing matter: a) Appeal received from Mullen, Sullivan & Newton on behalf of Richard Gallantine regarding mitigation fees for the applicability of the dedication and off-site improvement sections of the Lodi Municipal Code All interested persons are invited to present their views and comments on this matter. Written statements may be fled with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. By Order of the Lodi City Council: • Dated: March 20.1996 Approved as to form ,fir. Randall A. Hays City Attorney JACrM RMFORMMOTOERODC =7NG ;JF On March 21, 1996 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 21, 1996, at Lodi. California. Jennifer M. Perrin City Clerk Jac q lin Taylor Dep ty lerk deemaillforms MAILING LIST John A Luebberke Deputy City Attorney Sharon Welch Public Works Department Mullen, Sullivan & Newton P.O. Box 560 Lodi, CA 95241-0560 advins/forms CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY C. DAVENPORT STEPHEN I. MANN JACK A. SIECLOCK CITY OF LODI Mullen. Sullivan & Newton 1111 W. Tokay Street Lodi. CA 95242 CITY HALL. 221 VVEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX 1209) 333-6892 March 13. 1996 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney SUBJECT: Public Hearing to Consider Appeal Received from Mullen, Sullivan & Newton on Behalf of Richard Galantine Regarding Mitigation Fees and for the Applicability of the Dedication and Off -Site Improvement Sections of the Lodi Municipal Code Enciosed is a copy of background information on an item on the City Council agenda of Wednesday, March 20, 1996, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time, If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street If you wish to address the Council at the Council meeting, be sure to fill out a 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 Sharon Welch at (209) 333-6706. i ack L. ons Pam slOirector JLR/pmf Enclosure cc: City Clerk NCCPH901.DPC NOTICE OF APPEAL Pursuant to Section 15.44.100 of the Lodi Municipal Code, Richard Galantine hereby appeals the decision of the Public Works Director to subject the property located at 901 South Cherokee Lane to the conditions and requirements of Chapter 15.44 of the Lodi Municipal Code, Off -Site Improvements and Dedications. The basis of the appeal includes, but is not limited to: L, Representations made to Mr. Galantine by City staff concerning the applicability of the Off -Site Improvements and Dedications provisions. 2. The works performed by Mr. Galantine do not constitute a "development." 3. The works by Mr. Galantine are exempt pursuant to Lodi Municipal Code Section 15.44.040. 4. The application of Chapter 15.44 represents a taking without just compensation. 5. Mr. Galantine's procedural and substance of due process rights have been violated. 6. The imposition of Chapter 15.44 is arbitrary, unreasonable and capricious. DATED: July 5, 1995. KULLMT, SULLIVAN & NEWTON i 5y— ST"33PIMN C. SNIDER Attorneys for Richard Galantine REQUEST FOR FEE ADJUSTMENT OR WAIVER Pursuant to Section 15,54,120 of the Lodi Municipal Code, Richard Galantine hereby requests a fee adjustment or waiver from the Public Works Director concerning the development impact mitigation fees assessed on the property located at 901 South Cherokee Lane. Richard Galantine was notified of said imposition on June 26, 1995. The basis of this request includes, but is not limited to: 1. Representations made to Mr. Galantine by City staff concerning the applicability of the development impact mitigation fee and the cost thereof. 2. The applicability of the development impact mitigation fee to the works performed by Mr. Galantine. 3. The fees are being imposed for utters not reasonably related to the work done by Mr. Galantine. 41 The works performed by Mr Galantine do not constitute a "development." 5. The mitigation fees sought are not directly or indirectly related to the work done by Mr. Galantine or the affects thereof. S. The work done by Mr. Galantine will not generate new demand for facilities. 7. The amount of the fees is arbitrary, unreasonable and capri,�ious, DATED: July 5, 1995. MULLEN, SULLIVAN & EWTON By STWHEM"C. SNIDER Attorneys for Richard Galantine July 31, 1995 Richard C. Prima, Jr. City Engineer City of Lodi P. 0. Box 3006 Lodi, CA. 95241 John Luebberke Assistant City Attorney City of Lodi P. O. Box 3006 Lodi, CA. 93241 RE: Richard Gallantine 901-S. Cherokee Lane Dear Richard and John: The purpose of this letter is to confirm one aspect of our recent meeting. At that time, it was agreed that we would continue the hearing before the City Council on the issues of the mitigation fees and the applicability of the dedication and off-site improvement sections while we attempt to negotiate some type of resolution of our disagreements. At such time as we reach an impasse or are unable to agree with regard to these issues, the matter will then be put on the City Council hearing calendar. Hopefully, in the meantime, we can reach a solution. Please let me know immediately if this misstates our agreement. Thank you for your consideration. Very truly yours, MULLEN, SULLIVAN & NEWTON by STEPHEN C. SNIDER SCS:sw cc: Richard Gallantine MTj=.EN, SL=avA_-q & NEzvTON THOMA$ J. NEWTON ATTORNEYS AT LAW OI COW-SCL GAALCG RASMUSSEN POSEaT H. MULL rN STEP -FN C. SNIOEF IIII WEST TOKAY STREET C. M. ',3UO' SULLSVAN JAMES V OEMERA 111 P. O. Box 560 LOCI, CALIFORNIA 95241.0560 (209! 334-31" FAX 120121 333-1034 July 31, 1995 Richard C. Prima, Jr. City Engineer City of Lodi P. 0. Box 3006 Lodi, CA. 95241 John Luebberke Assistant City Attorney City of Lodi P. O. Box 3006 Lodi, CA. 93241 RE: Richard Gallantine 901-S. Cherokee Lane Dear Richard and John: The purpose of this letter is to confirm one aspect of our recent meeting. At that time, it was agreed that we would continue the hearing before the City Council on the issues of the mitigation fees and the applicability of the dedication and off-site improvement sections while we attempt to negotiate some type of resolution of our disagreements. At such time as we reach an impasse or are unable to agree with regard to these issues, the matter will then be put on the City Council hearing calendar. Hopefully, in the meantime, we can reach a solution. Please let me know immediately if this misstates our agreement. Thank you for your consideration. Very truly yours, MULLEN, SULLIVAN & NEWTON by STEPHEN C. SNIDER SCS:sw cc: Richard Gallantine February 2, 1996 City Clerk City of Lodi P. 0. Box 3006 Lodi, CA. 95241 RE: Appeal of Richard Gallantine Dear Madam Clerk: On July 31, 1995, my client, Richard Gallantine, agreed to continue any hearing before the City Council on the issue of mitigation fees or the applicability of the dedication and off-site improvement sections of the City Code while we attempted to negotiate some type of resolution of our disagreements. At this time, it appears we have reached an impasse, and the purpose of this letter is to request that the matter be put on the City Council calendar for public hearing. I would request that the matter be noticed at the meeting on February 21, 1996, and the public hearing to occur at the meeting on March 20, 1996. comments. Please let me know if you have any questions or Very truly yours, MULLEN, SULLIVAN & NEIKTON by STEPHEN C. SNIDER SCS _Sw cc: City Attorney's Office Public Works Department Richard Gallantine ILTLLEN, SULLIVAN & VENYTON -�+OMAS J. NE'N70N ATTORNEYS AT LAW OSQ CRAIG AASMV 55£N ROBERT H.. MUL MULLEN 3T&p EN C. SNIDER IIII WE57' TOKAY STREET C. M. "9U0- SULLIVAN . AMZS V OEIM$RA III a. O. 111 S 6 0 LODI. CALIFORNIA 98241-0560 {2091 334-5144 PAX 12091 333-103♦ February 2, 1996 City Clerk City of Lodi P. 0. Box 3006 Lodi, CA. 95241 RE: Appeal of Richard Gallantine Dear Madam Clerk: On July 31, 1995, my client, Richard Gallantine, agreed to continue any hearing before the City Council on the issue of mitigation fees or the applicability of the dedication and off-site improvement sections of the City Code while we attempted to negotiate some type of resolution of our disagreements. At this time, it appears we have reached an impasse, and the purpose of this letter is to request that the matter be put on the City Council calendar for public hearing. I would request that the matter be noticed at the meeting on February 21, 1996, and the public hearing to occur at the meeting on March 20, 1996. comments. Please let me know if you have any questions or Very truly yours, MULLEN, SULLIVAN & NEIKTON by STEPHEN C. SNIDER SCS _Sw cc: City Attorney's Office Public Works Department Richard Gallantine ? p'ytr'( D Q � W, 173.811 E fMON.. 16-60 cc1 n Dwv-L � IYF of 4 P t J U 6. to f, 3 SIS r -66d 6 UO� I G F � 4�( LL %B60 i 27�-`± } _ rLtb-Ei Lam ' D i wGVuk2 �- _ 6 — D spas.a AA os. e)Z> 4 A 5i.a� Chi y��1,ad Off! 1 L SITE r[A�J LAY160 CERTIFIED PUBLIC ACCOUNTANT RICHARD CERESA March 14, 1996 To Whom It May Concern, Re: Richard Galantine Rental 901 S. Cherokee Lane Richard Galantine has been a tax client of mine since 1986 and I have prepared his Federal and State Individual Income Tax from 1986 through 1994. Attached is a copy of the Schedule E (Supplemental Income and Loss - From Rental Property) for 901 South Cherokee Lane, Lodi, Ca., that was attached to his 1994 Federal Income Tax Return (Form 1040). The information used to prepare the Schedule E for 1994 for 901 S. Cherokee Lane was provided by Richard Galantine. I have not audited or reviewed the information provided by the owner of the property in preparing the income tax returns. Sincerely yours, Y"" C'P-�� Encls: 209 W. 20th Street • P.O. Box 1004 • Tracy,CA 95378 • (209) 833-1819 • Fnx (209) 833-1889 SCHEDULE E Supplemental Income and L..s OMB No. 154$-00?4 (Form 1040) (From rental real eater royalties, partnerships, 1994 S corporations, «stilton, trusts, REMIt:s, etc.) Dspartmetrt of the Treaayry AtUch mans tnteat t1.wo�ue service M ►Attach to Form 1040 or Form 1041. a See Instructions for Schedule E Form 1040. sequence No. 13 m Namsisl dW W an return AMIMML RICHARD AND RENEE' GALANTINE ousnincome ss From Rental Estate an g personal property on Schedule C or C -EZ (seepage E-1). Report fans rental income or lossirom Form 4035 on page 2, one 39 Yes No listed on line 1, did you or your family use it lor personal purposos A X _----------------------------- B C rental value during the lox year? ----------------------- ------ ------ - - - - -- (SeepageE-1.) C Income; properties Totals A 5 C (Add columna A, B, & C.) 3 Rents received .......... I ................. 3 7,140 3 4 Ro received.. 4 4 5 Advertising ............................... 6 Auto and travel (see page E-2). . I ............ 7 Cleaning and maintenance ................... t: Commissions ...... . ...................... 9 Insurance ................................ 10 Legal and outer professional fees .. I ............ 1i Management lees .......................... 12 Mortgage Interest paid to banks, etc. (see page E-2) 13 Qiher interest ..................... I ... I ... 14 Repairs .... ...... I... .... I ................ i5 supp4ies.................................. 16 Taxes .................... I.I.......... .. 17 UtiOties.................................. 1a►Plumbing-and- Electrical --- --------------------------- ---------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- --------------------------- 5 19 6 20 7 20 e '1' i 9 10 110 11 24 12 13 14 Lose". Add royalty losses from line 22 and rental real estate losses from line 23. Enter the total losses here .............25 15 16 1,891 17 1,080 sa 6,847 og4w alae, lnciu¢a this amount In to Wal an pne 40 on page 2.. .... , 26 19 Add lines S through 16 ...................... 19 1 9,928 19 20 20 Depredation expense or depletion (ase page E-2)., 29 2,204 '1' i j V Total expenses. Add Ones 1e and 20............ 21 12 132 22 income (loss) from rental real estate or royalty pro- perlss. Subtract Ins 21 from 3 (rents) or 4 (royolfse). V [astir Ls (IOU), fee page E-2 to find out R you must must 01e Foam 6198 ........................ 22 -4 9 9 2 23 Deductible rental real estate loss.......... ..... 23 4 992 I .I milli illrl M II 24 24 Income- Add positive amounts shown on line 22. Do not include any losses ................. . ................... 25 Lose". Add royalty losses from line 22 and rental real estate losses from line 23. Enter the total losses here .............25 26 Total rental real estate and royalty Irmwns or (loss}. Combine Ones 24 and 25. Enter the result here. If Parts Il, lilt, IV, and Ina 39 on page 2 do not apply to you, also enter this amount on Form 1040, line 17. og4w alae, lnciu¢a this amount In to Wal an pne 40 on page 2.. .... , 26 For Pastliarwork Redwitlon Act Notice, ase Forst 100 instructions. Schedule E (Form 1040) 1994 12/31/94 1994 Federal Depreciation Schedule Page 3 Ghent 1399 RICHARD AND RENEEGALANTINE Date Date Cast/ Bus. Sec Basis Bonus Do salvage Depr- Prior o_ Description Acquired sold Basis Pct. 179 Reductn Depr. Deprec. Value Basis Deprec. Method Life Rate Depr. ------------------------------------------------------------------------------------------------------------------------------ — ;hedule E - RENTAL PROPERTY 19 LAND - 901 SOUTH CHEROKEE 12/31/93 120,000 120,000 0 ,0 RESIDEVMS-901 S. CHEROKE 12/31/93 60.617 60,617 S/L W 27.5 .036.36 2,204 - -- ------------------------------- -------- Tota- Depreciation 180,617 0 0 0. 0 0 100,617 0 2,204 Richard Galatine 921 "B" South Cherokee Lane Lodi, California 95240 CONSTRUCTION INVOICE INVOICE NO. 0019(95) JOB NO. 95-012 DATE: May 25, 1995 Pave parking lot on prepared grade at the corner of Cherokee Lane and Vine SLreeL in Lodi, California as per Contract. Cuntract Amount I Job LS $15,000.00 Construcliun Completed 100% 15,000.00 AMOUNT DUE THIS INVOICE $15,000.00 f '0 AIR This Invoice: $15,000.00 A/R Prcv Invoice: -0- Terms: Payment due on or before June 1,1995. Late payment will be assessed a 2% per month late fee. Mechanics Lien will be recorded 6/11/95 if payment is not received hereby. IMAGE CHECK r CUMENT silk///<-.lsst es' cg .is.1 27 ate_ ,,. 2101 .-....yQ-1� t ! ✓wP___.— —1 S �� 3C �� tscA7an Pi11M�[ 3102 / _i sSSs7 8..�,S1s.Itmn JoOaaoosa saJ 51sIly5 4IU4 b3. b9 2103 do JOWO030 4V 6102195 2103 104.46 rcw.m 210c 21oS I000�00 ii9 iJ b131195 Z1U5 16.9Z Page: 3 NAME: AN71NE ACCT: LAS M 2ia,., C iL —Sx s/5/�irc fOO�O014014J 5/JiJ95 z1 u6 140.14 2107