HomeMy WebLinkAboutResolutions - No. 20221-213RESOLUTION NO. 2021-213
A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING AMENDMENT TO
2012 WASTEWATER MASTER PLAN TO INCLUDE 2018 AMENDMENT TO THE
SOUTH WASTEWATER TRUNK LINE MASTER PLAN; AND APPROVING 2021
IMPACT MITIGATION FEE PROGRAM FINAL REPORT AND SCHEDULE OF FEES
WHEREAS, in 1991, City Council approved the Impact Mitigation Fee Program (IMFP)
that established impact fees in the categories of water, wastewater, storm drainage, streets,
police, fire, parks, and general City facilities. An electric utility impact fee was established in
2007; and
WHEREAS, on August 15, 2012, City Council approved the updated Impact Mitigation
Fee Program Report and the recommended schedule of fees for water, wastewater, storm
drainage, transportation, police, fire, parks, electric, general city facilities, and art in public
places which assigned the majority of responsibility to new development for the construction of
storm drainage pipes and basins and neighborhood parks; and
WHEREAS, in 2013, City Council adopted Resolution No. 2013-187 which established a
neighborhood parks impact fee and added a second storm drainage zone (and corresponding
fee) for new residential developments located west of Lower Sacramento Road; and
WHEREAS, in October 2016, Council approved Resolution No. 2016-188 at the
recommendation of City staff which eliminated the temporary 60% reduction of fees for low and
medium density zoning designations and in -fill projects of more than 10 lots; and
WHEREAS, the 2021 Impact Mitigation Fee Program Update includes a Non -Potable
Water Impact Fee that was not included in the 2012 Impact Fee Program because the program
required new development to construct the non -potable water improvements; and
WHEREAS, to determine the Non -Potable Water Impact Fee, staff prepared a Non -
Potable Water Study to provide the basis and backup for the fee; and
WHEREAS, in 2012, City Council approved Resolution No. 2021-142, thereby approving
City of Lodi Master Plans that included the City's Wastewater Master Plan; and
WHEREAS, in 2018, the City undertook the preparation of the 2018 Amendment to the
South Wastewater Trunk Line Master Plan (SWTL Master Plan) that describes an alternate
configuration for wastewater trunk lines in the area south of Harney Lane; and
WHEREAS, prior to the approval of the 2012 Wastewater Master Plan, the City Council
did adopt the City of Lodi Master Plans Negative Declaration that evaluated the potential
impacts associated with implementation of the Wastewater Master Plan; and
WHEREAS, the improvements proposed in the SWTL Master Plan will adequately serve
planned development south of Harney Lane in a more cost effective manner than proposed in
the 2012 Wastewater Master Plan; and
WHEREAS, the improvements proposed in the SWTL Master Plan will not serve any
areas beyond those areas served by the improvements proposed in the 2012 Wastewater
Master Plan; and
WHEREAS, the improvements proposed in the SWTL Master Plan will not result in any
additional capacity beyond that provided by the improvements in the 2012 Wastewater Master
Plan; and
WHEREAS, the improvements in the SWTL Master Plan would be located in City street
right of way and will eliminate previously planned trunk lines that would be located in agricultural
lands and that would have resulted in greater ground disturbance to currently undeveloped
lands; and
WHEREAS, Section 16152 of the CEQA Guidelines establishes that when a negative
declaration has been adopted for a project, no subsequent negative declaration shall be
prepared for that project unless the lead agency (City of Lodi) determines one or more of the
following exclusions exists:
1. Substantial changes to the project are proposed that involve new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occurred with respect to the circumstances under which the
project is undertaken that involve new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
3. New information of substantial importance, which was not known at the time the
negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous negative declaration;
b. Significant effects previously examined will be substantially more severe;
C. Mitigation measures or alternatives are identified that would substantially
reduce one or more significant effects of the project are found to be
feasible and the project proponents decline to adopt the mitigation
measures or alternative.
WHEREAS, there is no evidence that the exclusions established in Section 15162 of the
CEQA Guidelines apply to the amendment to include the improvement of the SWTL Master
Plan in the City's 2012 Wastewater Master Plan.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby adopt
the Amendment to the 2012 Wastewater Master Plan to include 2018 Amendment to the South
Wastewater Trunk Line Master Plan; and
BE IT FURTHER RESOLVED that the City Council does hereby approve the 2021
Impact Mitigation Fee Program Final Report and Schedule of Fees, attached hereto as Exhibits
1 and 2.
Dated: July 21, 2021
I hereby certify that Resolution No. 2021-213 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 21, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JENNIF CUSMIR
- City Clerk
2021-213