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HomeMy WebLinkAboutAgenda Report - January 4, 2006 L-01CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM L-01 AGENDA TITLE: Ordinance No. 1767 Entitled, "An Ordinance of the City Council of the City of Lodi Amending Title 15, "Buildings and Construction," of the Lodi Municipal Code by Adding Chapter 15.65 Relating to the Establishment of the San Joaquin County Regional Transportation Impact Fee Program" MEETING DATE: January4,2006 PREPARED BY: City Clerk RECOMMENDED ACTION: BACKGROUND INFORMATION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1767. Ordinance No. 1767 entitled, "An Ordinance of the City Council of the City of Lodi Amending Title 15, "Buildings and Construction," of the Lodi Municipal Code by Adding Chapter 15.65 Relating to the Establishment of the San Joaquin County Regional Transportation Impact Fee Program" was introduced at the regular City Council meeting of December 21, 2005. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance, Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. la. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code 36932 This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: None. FUNDING AVAILABLE: None required. SJB Attachment Fl J.. Blacks City Clerk APPROVED: council/councom/Ordinancel .doc Blair s r , City Manager ORDINANCE NO. 1767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING TITLE 15, "BUILDINGS AND CONSTRUCTION," OF THE LODI MUNICIPAL CODE BY ADDING CHAPTER 15.65 RELATING TO THE ESTABLISHMENT OF THE SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE PROGRAM BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Title 15, "Buildings and Construction," of the Lodi Municipal Code is hereby amended by adding thereto Chapter 15.65 relating to the establishment of the San Joaquin County Regional Transportation Impact Fee Program and shall read as follows: CHAPTER 15.65 SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE SECTIONS: 15.65.010 15.65.020 15.65.030 15.65.040 15.65.050 15.65.060 15.65.070 Purpose, Findings, and Declaration of Intent Definitions Authority for Adoption Collection of RTIF Program Fees Fee Rate and Calculation Administration of the RTIF Program Existing City of Lodi Development Impact Mitigation Fee Program 15.65.010 Purpose, Findings, and Declaration of Intent A. In order to implement the goals and objectives of the general plan and to mitigate impacts caused by new development with the County of San Joaquin, a Regional Transportation Impact Fee Program is necessary. The program is needed to finance regional -serving transportation and transit improvements. S. Substantial population and employment growth is expected in San Joaquin County through 2025 and beyond. This growth will cause impacts on the Regional Transportation Network ("Regional Transportation Network" or "RTIF Network") including increased congestion and related impacts unless substantial improvements are completed. The Regional Transportation Impact Fee Program ("RTIF Program") is intended to impose a fee to provide funding for transportation and transit improvements that help mitigate these impacts. C. New development throughout the County will be subject to the fee which will be proportional to the impact caused on the Regional Transportation Network by such new development. D. The funding derived from the RTIF Program shall be used in combination with other funding available to complete the needed transportation and transit improvements. In the absence of an RTIF Program, existing funding sources, including federal, State, and local sources, will be inadequate to construct the Regional Transportation Network required to avoid the unacceptable levels of traffic congestion and related adverse impacts. N:\Admi nistration\CA\CITYIOrdinance\ORD 1767.DOC 1 1/5/2006 15.65.020 Definitions A. "Development Project" or "Project" means any project undertaken for the purpose of development including the issuance of a permit for construction or reconstruction, but not a permit to operate. B. "Industrial Project" means any Development Project that proposes manufacturing, transportation, logistics, or warehousing as identified in the RTIF Land Use Fee Category Summary. C. "Measure K" means the San Joaquin County Transportation Authority Local Transportation improvement Plan: Air Quality, Mandatory Developer Fees and Growth Management Ordinance, which establishes and implements a retail transactions and use tax, as may be extended from time to time. D. "Multi -Family Residential Unit" means a Development Project that uses a single parcel for two or more dwelling units within one or more buildings, including duplexes, townhouses, condominiums, and apartments as identified in the RTIF Land Use Fee Category Summary. E. "Office Project" means any Development Project that involves business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices, personal and laundry services, or similar uses, and religious centers as identified in the RTIF Land Use Fee Category Summary. F. "participating Agencies" means the County of San Joaquin and each of the cities situated in San Joaquin County if such agencies have (1) adopted the RTIF Program Fee by ordinance and/or resolution and (2) entered into the Operating Agreement. G. "Regional Transportation Impact Fee Program" or "RTIF Program" is the regional program established by the Operating Agreement by the Participating Agencies and SJCOG to impose, collect, and distribute a RTIF Program Fee to assist in the funding of transportation improvementsto the Regional Transportation Network. H. "Regional Transportation Impact Program Fee" or "RTIF Program Fee" or "RTIF Fee" means the fee established by each ParticipatingAgency consistent with the RTIF Program and the Operating Agreement. I. "Regional Transportation Network" means the regional network of highways and arterials as identified in the RTIF Technical Report and which may be amended from time to time by SJCOG. J. "RTIF Capital Projects" or "Capital Projects" or "RTIF Project List" is the RTIF Program improvements and projects as identified in the RTIF Technical Report and which may be amended from time to time by SJCOG's adoption and amendment of a "RTIF Capital Projects Report." K. "RTIF Capital Projects Report" means the report adopted by SJCOG annually which identifies the RTIF Capital Projectsas amended from time to time by SJCOG. L. "RTIF Operating Agreement" or "Operating Agreement" is the Regional Transportation Impact Fee Program Operating Agreement establishing the administration of the RTIF Program as adopted by each Participating Agencies and SJCOG which may be amended from time to time by the parties thereto. N:\Admi nistration\CA\C ITY1Ordinance\OkD 1767. DOC M. "RTIF Technical Report" means the San Joaquin County Regional Transportation Impact Fee RTIF Technical Report dated October 27, 2005, and prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. N. "Residential Dwelling Unit" means a building or portion thereof which is designed primarily for residential occupancy by one family including single-family and multi -family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. O. "Retail Project" means any Development Project that retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise at a fixed point of sale as identified in the RTIF Land Use Fee Category Summary. P. "Single -Family Residential Unit" means the use of a parcel for only one residential dwelling unit as identified in the RTIF Land Use Fee Category Summary. 15.65.030 Authority for Adoption This chapter is adopted under the authority of Title 7, Division 1, Chapter 5 of the California Government Code Sections 66000 et seq. (Ord. 1758 1 (part), 2005). 15.65.040 Collection of RTIF Program Fees A. Authority of the Public Works Director. The Public Works Director, or his/her designee, is hereby authorized to levy and collect the RTIF Program Fee and make all determinations required by this Ordinance. B. Payment of RTIF Proaram Fees. Payment of the RTIF Program Fees shall be as follows: 1. The RTIF Program Fees shall be paid at the time of issuance of a building permit for the Development Project, or as otherwise required or permitted pursuant to Government Code section 66007. 2. The amount of the RTIF Program Fees shall be the fee amounts in effect at the time of payment. 3. RTIF Program Fees shall not be waived. C. Payment by all Development Proiects. Except as otherwise expressly provided by this Ordinance, the RTIF Program Fee required hereunder shall be payable by: 1. All Development Projects within the City for which building permits or other entitlements for Development Projects are issued on or after the effective date of this Ordinance, and 2. All Development Projects within the City for which building permits or other entitlements for Development Projects were issued prior to the effective date of this Ordinance and which permits or entitlements were issued subject to a condition requiring the developer to pay a RTIF Program Fee to be imposed upon such Development Project within the City. N:Administration\CA1C1TY\Ordinance\ORD1767.DOC D. Exemptions from the RTIF Program Fee. The following Development Projects shall not be subject to the RTIF Program Fee: 1. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing legal dwelling unit, including an expansion of an existing dwelling unit that does not create an additional dwelling unit. 2. The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the established applicable fee rate for that portion of square footage that is new. 3. Development Projects for which an application for a vesting tentative map authorized by Government Code Section 66498.1 was deemed complete on or prior to the effective date of the introduction of this Ordinance. 4. Development Projects which are the subject of a development agreement entered into pursuant to Government Code section 65864 et seq. prior to the effective date of the adoption of this Ordinance, wherein the imposition of new fees are expressly prohibited by the development agreement, provided, however, that if the term of such a development agreement is extended after the effective date of this Ordinance, the RTIF Program Fee shall be imposed. E. Future Development Aareements. All future development agreements entered into after the effective date of this Ordinance shall require the full payment of the RTIF Program Fee. 1. Payments for non-residential projects. For non-residential projects the amount of the fee imposed on the entire Development Project shall be determined based upon: (a) (b) The gross floor area; and The predominant use of the building or structure as identified in the building permit. 2. Payment for mixed use projects. For mixed land use projects, which are projects that have both residential and non-residential uses, the amount of the fee imposed on the entire Development Project shall be proportionally determined based on the following: (a) (b) The fee associated with the type of residence; and The predominant use of the non-residential portion of the project F. Previously Paid RTIF Program Fees. In the event that RTIF Program Fees have previously been paid for an existing building which is a new Development Project with a new or different RTIF Fee category, the previously paid RTIF Program Fees for that existing building shall be credited against the amount of the RTIF Program Fee attributable to the new Development Project, up to the amount of the previously paid RTIF Program Fee. A rebate will not be granted if the change in land use represents a lower fee. G. Reimbursements and Credits. In the event that RTIF Capital Projects are constructed by a developer in excess of the Development Project's RTIF Program Fee obligation or in lieu of N : W dmi niatrationMCAICITYIOrdinancelORD 1767.DOC arzooa payment of RTIF Program Fees by a developer pursuant to an agreement between the developer and the City, the developer may be reimbursed or credited for future application for any costs based on the actual costs of construction of the RTIF Capital Project incurmd by the developer in excess of the amount the RTIF Program Fees that apply to the Development Project. 15.65.050 Fee Rate and Calculation A. Establishina the RTIF program fee. The amount of the RTIF program fee for developme projects shall be consistent with the provisions of this ordinance and the RTIF technic report and shall be established by a resolution of the City Council. Annual adiustment. The RTIF Program Fee shall be automatically adjusted on an annual basis at the beginning of each fiscal year (July 1) based on the Engineering News Record 20 Cities Construction Cost Index. 15.65.060 Administration of the RTIF Program A. RTIF account or RTIF funds. All fees collected pursuant to the RTIF Program Fee shall be deposited in a RTIF account or RTIF fund and shall not be commingled with other funds. The contents of this RTIF fund shall be designated solely for the purpose of contributing to the financing of the RTIF Capital Projects included in the RTIF Capital Projects Report and for the funding of incidental administrative costs. Any interest income earned on the RTIF fund shall also be deposited therein and shall only be expended for the purposes as set forth in this Ordinance. B. Prohibition on Interfund Transfers or Loans. Notwithstandingsubsection (b)(1)(G) of section 66006 of the Government Code there shall be no interfund transfer, grant, or loan of the RTIF Program Fees or RTIF fund or RTIF account to other City accounts, funds, programs, or fees. However, the City may provide loans, grants, or transfers of RTIF Program Fees to other Participating Agencies or SJCOG provided that such funds are consistent with the RTIF Program and used for the development or construction of RTIF Capital Projects. 15.65.070 Existing City of Lodi Development Impact Mitigation Fee Program A. The City of Lodi Development Impact Mitigation Fee program pursuant to Municipal Code Title 15 Chapter 15.64 shall be adjusted on any future projects that are identified in the approved RTIF Project List to ensure continued compliance with the Fee Mitigation Act (Gov. Code §§ 66000 et seq.). Section 2 - 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 3 - Severabiliy. If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. N :1Admi nistration\CMC1TY\Ordinance\ORD 1767.DOC Section 5. Thiis 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 with the names of the members voting for and against same and shall be in force and take effect 30 days from and after its passage and approval. Approved this 4th day of January, 2006. S AN HITCHCOCK Mayor Attest: ;STON City Clerk State of Californias County of San Joaquin, ss. I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1767 was introduced at a regular meeting of the City Council of the City of Lodi held December 21, 2005, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held January 4, 2006, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Beckman 1 further certify that Ordinance No. 1767 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. SUSAN J. BLACKSTON City Clerk Approved as to Form: City Attorney N:1Administration\CA\CETY\Ordinance\ORD1767.DOC 6 1/5/2006