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HomeMy WebLinkAboutOrdinances - No. 2014ORDINANCE NO. 2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 15 – BUILDINGS AND CONSTRUCTION – BY REENACTING CHAPTER 15.66, "COUNTY FACILITIES FEES" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI HEREBY ORDAINS AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 15 – Buildings and Construction – is hereby amended to reenact Chapter 15.66, "County Facilities Fees," as set forth in its entirety to read as follows: Chapter 15.66 COUNTY FACILITIES FEES 15.66.010 Purpose, findings, and declaration of intent. 15.66.020 Collection of capital facility fee. 15.66.030 Authority for adoption. 15.66.040 Definitions. 15.66.050 Conditions for collection. 15.66.060 Conditions for reimbursement. 15.66.070 Fee payment. 15.66.080 County facilities fee accounts. 15.66.090 Natural disaster fee exemption. 15.66.100 County facilities fee program. 15.66.110 Ordinance—Public hearing. 15.66.120 Construction. 15.66.130 Severability clause. 15.66.140 Fee adjustments or waiver. 15.66.150 Environmental exemption. 15.66.010 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 within the county of San Joaquin, a county facilities fee program is necessary. The program is needed to finance region -serving capital facilities located throughout the county that are used by the residents and businesses within the city and to assure that new development pays its proportional share for these improvements. B. Fee revenue collected pursuant to this chapter shall be remitted to the county of San Joaquin who shall be responsible for administering the fee funds and constructing the capital facilities. C. Title 7, Division 1, Chapter 5, Section 66000 et seq. of the California Government Code provides that capital facilities fees may be enacted and imposed on development projects. The city council finds and determines that: 1. New development projects cause the need for construction, expansion, or improvement of capital facilities within the county of San Joaquin. 2. Funds for construction, expansion, or improvement of capital facilities are not available to accommodate demand for service caused by development projects; which results in inadequate capital facilities within San Joaquin County. D. The city council finds that the health, safety, peace, morals, convenience, comfort, prosperity, and general welfare of the residents and businesses within the city will be promoted by the adoption of county facilities fees for construction, expansion, or improvement of region -serving capital facilities. 15.66.020 Collection of capital facility fee. The capital facility fee enacted pursuant to this chapter is to be collected by the city before the issuance of building permits, or at approval of any discretionary permit if no building permit is required. 15.66.030 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. 15.66.040 Definitions. Words when used in this chapter, and in resolutions adopted thereto, shall have the following meanings: A. "Board of supervisors" means the board of supervisors of the county of San Joaquin. B. "Capital facility" and "capital facilities" includes region -serving public improvements and community amenities normally provided by the county of San Joaquin. C. "City" means the city of Lodi, a general law city organized and existing under the Constitution and laws of the state Of California. D. "City council" means the city council of the city of Lodi. E. "County" means the county of San Joaquin, a political subdivision of the state of California. F. "Development project" means any project undertaken for the 'purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. G. "Fee" means a monetary exaction, other than a tax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of capital facilities related to the development project. H. "Nexus report" means the San Joaquin County Facility Fee Nexus Report originally prepared in September 2003, as may be amended from time -to -time. 15.66.050 Conditions for collection. A. In establishing and imposing a fee as a condition of approval of a development project, the following shall be done: 1. Identify the purpose of the fee; 2. Identify the use to which the fee is to be put; 3. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; and 2 4. Determine that there is a reasonable relationship between the need for the capital facility and the impacts caused by the type pf development project on which the fee is imposed. B. The city, before establishing a capital facility fee as a condition of approval of development projects, shall determine that there is a reasonable relationship between the amount of the fee and the cost of the capital facility or portion of the capital facility attributable to the development on which the fee is imposed as documented in the nexus report. C. Upon receipt of funds from the city, derived through this chapter, the county shall deposit, invest, account for, and expend the funds pursuant to California Government Code Section 66006. 15.66.060 Conditions for reimbursement. A. The county shall report to the city council once each fiscal year concerning the fees and accounts, including any portions of fees remaining unexpended or uncommitted five or more years after deposit. The board of supervisors shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is put, and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. B. A refund of unexpended or uncommitted fee revenue for which a need cannot be demonstrated, along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The county may refund unexpended and uncommitted fee revenue that have been found by the board of supervisors to be no longer needed, by direct payment or by off -setting other obligations owed to the county by the current owner(s) of the development projects(s). C. If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this chapter exceed the amount to be refunded, the county, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fee is collected subject to this chapter that serves the project on which the fee was originally imposed. 15.66.070 Fee payment. A. Prior to the issuance of any building permit, the applicant shall pay to the city the fee as established by resolution of the city council. B. The fee shall be determined by the fee schedule in effect on the date the vesting tentative map or vesting parcel map is approved, or the date a permit is issued. C. If a development has multiple types of uses, the fee will be collected proportionately on each use. D. When application is made for a new building permit following the expiration of a previously issued building permit for which the fee was paid, the fee payment shall not be required, unless the fee schedule has been amended during the interim, in this event, the appropriate increase or decrease shall be imposed. E. In the event that subsequent development occurs with respect to property for which the fee has been paid, an additional fee shall be required only for additional square footage of development that was not included in computing the prior fee. 3 F. When a fee is paid for a development project and that project is subsequently reduced so that it is entitled to a lower fee, the county shall issue a partial refund of the fee. G. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit the payor shall be entitled to a refund of the fee paid, less the administrative portion of the fee. H. If a development is converted to a more intense use, a fee shall be required which shall be the difference between the current fee for the original use and the current fee for the more intense use. 15.66.080 County facilities fee accounts. A. The city shall hold fee revenues collected under this chapter in a separate county facility fee account. Fee revenues accruing in this account shall be remitted quarterly to the county of San Joaquin to be expended for the purpose for which they were collected. B. The county shall account for all fee revenues, including interest accrued, and allocate them for the purposes for which the original fee was imposed. 15.66.090 Natural disaster fee exemption. No fee may be applied by a local agency to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster as declared by the governor. 15.66.100 County facilities fee program. A. The county has adopted a county facilities fee nexus report that indicates the approximate location, size, time of availability, and estimates of costs for region -serving capital facilities or improvements to be financed with county facilities fee funds. B. The county shall annually submit a report to the city council regarding the proposed uses of county facilities fee funding. C. The county facilities fee schedule established by resolution of the city council shall annually be automatically adjusted by an amount determined by the increase in the Engineering Construction Cost Index for the previous year, as published by the Engineering News Record. The county shall provide the city with notice and documentation of the fee adjustments required, if any. D. The county facilities fee schedule adopted by the city council shall be annually reviewed by the city for consistency with the county facilities fee nexus report, as it may be updated from time -to -time. 15.66.110 Ordinance—Public hearing. The adoption of county facilities fees is a legislative act and shall be enacted by resolution after a noticed public hearing before the city council. 15.66.120 Construction. The chapter and any subsequent amendment to the county facilities fee program shall be read together. With respect to any county facilities fee enacted by resolution under this chapter, any provision of such a county facilities fee which is in conflict with this chapter shall be void. 4 15.66.130 Severability clause. Should any provision of this chapter or a subsequent amendment to the county facilities fee program be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this chapter and the county facilities fee program shall remain in full force and effect. 15.66.140 Fee adjustments or waiver. A developer of any project subject to the fee described in this chapter may apply to the city council for reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk: (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at a public hearing held within sixty days after the filling of the fee adjustment application. The city shall prepare a staff report and recommendation for city council consideration. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee. 15.66.150 Environmental exemption. Pursuant to Title 14 California Code of Regulations sections 15061 and 15273(4), this chapter is exempt from the California Environmental Quality Act. SECTION 2. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. 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 toward 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. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). 5 Approved this 18th day of January, 2023 LI A CRAIG Attest: Mayor Pro Tempore OLIVIA NASHED City Clerk State of California County of San Joaquin, ss. I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2014 was introduced at a regular meeting of the City Council of the City of Lodi held January 4, 2023, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held January 18, 2023, by the following vote: AYES: COUNCIL MEMBERS — Craig, Khan, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Bregman and Mayor Hothi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 2014 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. AAed as to Form. ('J"c MAGDICH City Attorney 2 �Uuk� a" OLIVIA NASHED City Clerk