HomeMy WebLinkAboutAgenda Report - September 18, 1996 (83)AGENDA TITLE: Public Hearing to Consider Introduction of Ordinance for Certain Central City
Revitalization Incentives
MEETING DATE: September 18, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council conduct a public hearing on the proposed
ordinance changes implementing the building permit and wastewater
capacity fee incentives as part of the Central City Revitalization Program.
BACKGROUND INFORMATION: Among the various incentives approved in concept by the
City Council, two require modifications to the City Code. These
are, 1) a building permit fee discount; and, 2) modification to the
existing wastewater capacity fee incentive adopted in 1991.
Buildino Permit Fee Discount
As outlined previously, this program will discount the fees paid in the two Downtown zones and on
Cherokee Lane for building permits. The modified ordinance expands the written Code analysis
incentive that was instituted last year. This analysis program has proved to be quite successful for
people embarking on construction projects Downtown.
Specifically, the A-1 zone, or Downtown core, shall receive a fifteen (15) percent reduction in the fee
shown in Table No. 1-A of the Code. The balance of the Downtown and Cherokee Lane are
recommended for a ten (10) percent discount.
The City Council will note that the ordinance does include the same sunset clause that was adopted in
1995 for a written Code analysis. Staff is comfortable with the time frame and we believe this will
coincide with the next round of Building Code adoptions.
The amended section 15.04.55(B) is shown as Exhibit A and on the draft ordinance.
Wastewater Capacity Fee Discount
City Code §13.12.195, adopted in 1991, provided a wastewater capacity fee credit for projects within
the boundaries of the 1984 Downtown Assessment District (Exhibit B). The credit provides up to six
"SSU's" (Sewage Service Units). Each unit presently costs $2,099, so the maximum credit is $12,594.
The wastewater capacity fee of $2,099 per unit is the equivalent of a two-bedroom home. A typical
small retail business would be one unit. A restaurant would range from two to ten or more units
depending on the type and seating.
The calculation process for the Downtown under the existing program is a three-step process:
APPROVED:
H. Dixon Flynn -- ChC MaAager
CPHfNCNT.DOC 09110!96
Public Hearing to Consider Introduction of Ordinance for Certain Central City Revitalization Incentives
September 18, 1996
Page 2
1. The new use is calculated based on seating, etc.
2. A "credit" for the existing use is determined based on our records.
3. The Downtown incentive is applied. The incentive consists of the next six units over the first
two units.
For example, the Cottage Bakery Cafe was calculated to owe twelve units and a credit for the previous
retail use (one unit) was applied, leaving eleven units. Cottage paid for the first two units, the next six
were free and the remaining three were charged, for a total charge of five units. This amounted to a
55% discount. Similarly, Hazel's Restaurant, which was a smaller project, totaled eight units and
received six free for a total discount of 75%.
The result of this credit structure is that many small projects still paid for one or two units which was no
incentive at all. The proposed modification, reviewed at the July 23, 1996 Shirtsleeve Session, was
that the first six units would be free and anything over that would be charged. An alternative of just
discounting the fee by some percentage was also mentioned. The main advantage to this was that it
was very simple and easy to explain.
Staff is recommending two changes to the Code. The first updates the definition of the area to that of
the Central City Revitalization Assessment District. The second changes the structure of the incentive
to a percentage discount based on a combination of area and land use type. This does a number of
things:
1. The incentive is much simpler to explain to businesses and easier to administer.
2. The value of the incentive is consistent and directly proportional to the size of the project.
3. The incentive can be geared to favor the types of land uses called for in the Concept Plan.
The recommended incentive program is shown in the table attached as Exhibit C. The proposed
changes in the Code are shown in Exhibit D. The actual incentive would be adopted by resolution.
The above information is the same as that provided to the Council and the people copied below when
the public hearing was set. As of September 9, 1996, we have received no public comments on the
recommendation.
FUNDING: Building Permit Fee Discount - General Fund
astewater Capacity Fee Discount - Wastewater Fund
Ja L. Ronsko Konradt Bartlam
Pubic Works Director Community Development Director
?t'
Prepared by Richard C. Prima, Jr., City Engineer
JLR/RCP/KB/m
Attachments
cc: City Attorney
Economic Development Coordinator
Water/Wastewater Superintendent
Chief Building Inspector
Chamber of Commerce
Lodi Downtown Business Association
CPHINCNT.DDC 9/10186
EXHIBIT A
15.04.55 Central City Revitalization Incentive Program
A. Notwithstanding paragraph 5 of Section 15.04.050 above, special inspection
fees required to determine compliance with the building code for all buildings
and structures located within the area designated by Section 13.12.195B as
the central business district shall be waived.
B. An implementation measure of the Central City Revitalization Incentive
Program includes the above referenced waiver as well as a reduction in
building permit fees. The reduction shall encompass the fees shown in Table
No. 1-A. The amount of reduction shall be fifteen (15) percent within
zone A-1 and ten (10) percent within zones A-2 & B as defined by
Section 13.12.1956.
C. This section shall expire and shall be of no further force or effect after
January 1, 2000. The City Council finds and declares that this action is
taken to protect and preserve a crucial part of Lodi's economy and to
preserve a portion of the City's heritage by offering incentives for permitted
uses to locate, relocate or expand existing commercial uses within this area.
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CENTRAL CITY REVITALIZATION INCENTIVE PROGRAM
WASTEWATER CAPACITY FEE DISCOUNT
Land Use
Location
Downtown
(Zone A-1)
Downtown
(Zone A-2)
Cherokee Lane
(Zone 6)
Retail, Restaurants
50%
25%
10%
Office (Second Floor & Higher)
50%
50%
Office (Ground Floor)
0%
50%
Medium & High Density Residential
50%
50%
Auto Related Service
Commercial
Low Density Residential
Industrial
0%
0%
* Zones refer to zones identifed in the Lodi Central City Revitalization Assessment District 95-1
Od
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PROPOSED CODE COAml Coy
13.12.195 Dovmtown 'business
dist capacity fees.
A. The city council finds and declares
that the int" 0 area of Lodi as defined
in this chapter, which is the traditional
center.of the city's business community, is
presently in danger of losing economic
viability.. The purpose of this section is to
protect a crucial part of Lodi's economy
and preserve a portion of the city's heritage
by offering incentives for bidsinesses to
�orion sio1�
locatik, relocate or expand
-within this area.
B. For purposes . of this section, the
cen}rnl
"ev intov m business. district'' shall mean an
area Whose' boundaries are the same as
those for the area subjet to the cityofLod
bond issue, Series 194-1, dated 1,
994, more particularly described in - the
bond documents. and map on file with the
city clerk's office.
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C. Any permitted eem rn efeie A use which
locos, relocates or expands within the
buSgine s d*trict as define shall
rbcd+'seen asTde�cvr y spy ('WWI by � SOU i0h.
not exceed that for two sewage s ice
units (S 's) where the SSU's equiva-
lent SSU's) 'ng assessed established
in Section 13.12. of is code are eight
or less SSU's. If U's (or equivalent
SSU's) bein sessed greater than
eight, the mmercial use shall esponsi
ble two SSU's plus the assess (ossur
d,xnv��
D. Notwithstanding any exemptiee
granted under this section, the monthly or
annual sewage fees set by city council from
time to time for any use locat-
ing r orating or expanding within the
business district, shall be calcu-
lated on the full number of sewage service
units which the use would have otherwise
been responsible for under Section
13.12.180 of this code if such use was
located outside the �r business
district. (Ord. 1.613 (part), 1995)
u
ORDINANCE NO. 1639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING CHAPTER 13.12 OF THE LODI MUNICIPAL CODE BY
REPEALING AND REENACTING SECTION 13.12.195, RELATING TO
DOWNTOWN BUSINESS DISTRICT CAPACITY FEES; AND
AMENDING CHAPTER 15.04 OF THE LODI MUNICIPAL CODE BY
REPEALING AND REENACTING SECTION 15.04.55 SPECIAL
INSPECTIONS -DOWNTOWN BUSINESS DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 13.12 - Sewer Service - is hereby amended as follows:
Section 13-12-195 - Downtown Business District Capacity Fees is
hereby repealed and reenacted to read as follows:
13.12.195 Downtown Business District Capacity Fees
A. The City Council finds and declares that the central area of Lodi as
defined in this chapter, which is the traditional center of the City's
business community, is presently in danger of losing economic viability.
The purpose of this section is to protect a crucial part of Lodi's economy
and preserve a portion of the City's heritage by offering incentives for
location, relocation or expansion within this area.
B. For purposes of this section, the "Central Business District" shall mean an
area whose boundaries are the same as those for the area subject to the
City of Lodi bond issue, Series 1995-1, dated July 22, 1996, more
particularly described in the bond documents and map on file with the
City Clerk's Office.
C. Wastewater capacity fees for any permitted use which locates, relocates
or expands within the central business district as defined shall be
discounted as determined by the City Council by Resolution.
D. Notwithstanding any discount granted under this section, the monthly or
annual sewage fees set by City Council from time to time for any use
locating, relocating or expanding within the central business district, shall
be calculated on the full number of sewage service units which the use
would have otherwise been responsible for under Section 13.12.180 of
this code if such use was located outside the central business district.
SECTION 2. Chapter 15.04 - Building Code - is hereby amended as follows:
Section 15.04.55 - Special inspections -Downtown Business District is
hereby repealed and reenacted to read as follows:
15.04.55 Central City Revitalization Incentive Program
A. Notwithstanding paragraph 5 of Section 15.04.050 above, special
inspection fees required to determine compliance with the building code
for all buildings and structures located within the area designated by
Section 13.12.195B as the central business district shall be waived.
B. An implementation measure of the Central City Revitalization Incentive
Program includes the above referenced waiver as well as a reduction in
building permit fees. The reduction shall encompass the fees shown in
Table No. 1-A. The amount of reduction shall be discounted as
determined by the City Council by Resolution.
C. This section shall expire and shall be of further force or effect after
January 1, 2000. The City Council finds and declares that this action is
taken to protect and preserve a crucial part of Lodi's economy and to
preserve a portion of the City's heritage by offering incentives for
permitted uses to locate, relocate or expand existing commercial uses
within this area.
SECTION 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4 - Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 6. This ordinance shall be published one time in the "Lodi News Sentinel", a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this day of , 1996
DAVID P. WARNER
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1639 was introduced at a regular meeting of the City Council of the City of Lodi held
September 18, 1996 and was thereafter passed, adopted and ordered to print at a
regular meeting of said Council held , 1996 by the following vote:
Ayes: Council Members -
Noes; Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
JENNIFER M. PERRIN
City Clerk
Approved as to Form:
e4f-� d.,
RANDALL A. HAYS
City Attorney
•, CITY Of LODI NOTIt,c OF PUBLIC HEARING
Carnegie Forum Date: September 18, 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 PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, September 18, 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 Public Hearing to consider the following matter:
a) Introduction of Ordinance for Certain Central City Revitalization Incentives
Information regarding this item may be obtained in the office of the Community
Development Director at 221 West Pine Street, Lodi, California. All interested persons
are invited to present their views and comments on this matter. Written statements may
be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral
statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council:
Jennifer M_ Perrin
City Clerk
Dated: September 4, 1996
�(7 pproved as to form:
"e:
Randall A. Hays
City Attorney
JACITYCLRMFORMSWOTCDD.DOC 8/301%
CITY COUNCIL H. DIXON FLYNN
DAVID P. WARNER, Mayor CITY O � I� O D I JENNIFER M. PCity Manager
PHILLIP A. PENNING ERRIN
Mayor Pro Tempore City Clerk
RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET RANDALL A. HAYS
STEPHEN J. MANN P.O. BOX 3006 City Attorney
JACK A. SIECLOCK LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
September 11, 1996
Mr. Les Dabritz, Executive Director Mr. Mike Lapenta, President
Lodi District Chamber of Commerce Lodi Downtown Business Assn.
35 South School Street 12 North School Street
Lodi, CA 95240 Lodi, CA 95240
SUBJECT: Public Hearing to Consider Introduction of Ordinance for Certain
Central City Revitalization Incentives
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, September 18, 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 221 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speakers
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Richard C. Prima, Jr., at
(209) 333-6706.
. Ronsko
Works Director
JLRAm
Enclosure
cc: City Clerk
NCPHINCN.DOC