HomeMy WebLinkAboutAgenda Report - July 19, 1995 (47)OF
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Communications (June 27, 1995 through July 11, 1995)
MEETING DATE: July 19, 1995
PREPARED BY: City Clerk
RECOMMENDED ACTION: That City Council set a Public Hearing for the next regular Council
meeting, August 2, 1995, to discuss this item.
BACKGROUND INFORMATION: Letters received from Stephen C. Snider on behalf of Richard
Galantine concerning off-site improvements and dedications, and
development impact mitigation fees assessed on the property
located at 901 South Cherokee Lane
FUNDING: None required.
JLT
Attachment
APPROVED:
THOMAS A. PETERSON
16. City Manager
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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:
1. 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 performed 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.
MULLEN, SULLIVAN & NEWTON
By
S EP N C. SNIDER
Attorneys for
Richard Galantine
REQUEST FOR FEE ADJUSTMENT OR WAIVER.. . ;`,`
Pursuant to Section 15.64.120 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 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 or the
affects thereof.
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: July 5, 1995.
MULLEN, SULLIVAN & EWTON
By
ST H . SNIDER
Attorneys for
Richard Galantine