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HomeMy WebLinkAboutAgenda Report - November 2, 1994 (29)wW A/ CITY OF-LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Appeal from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024 Edgewood Drive MEETING DATE: November 2, 1994 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider an appeal from Gilbert and Betty Kampe regarding development requirements for the construction project located at 2024 Edgewood Drive and take the appropriate action. Staff recommends that the appeal be denied. BACKGROUND INFORMATION: In August of this year, Gilbert and Betty Kampe submitted a building permit application to the City for a new home on a vacant lot at 2024 Edgewood Drive. In accordance with various City ordinances, the Public Works Department responded to the application with a letter to the applicants and a memo to the Building Division listing development requirements. Briefly, the requirements were: 1. Install a cleanout on the sewer service (by developer); 2. Repair broken sidewalk (by developer); 3. Pay the wastewater connection fee ($2,623.75); 4. Pay for a water meter and service upgrade to accommodate the meter ($625.00); 5. Pay Development Impact Mitigation Fees ($8,431.50). The letter, memo and attachments are included as the following exhibits: Mote: The attachments refer to additional attachments. To avoid duplication and.;onfusion, notes have been added to the correspondence indicating the exhibit letters used in this report. Exhibit A - September 1 letter to Mr. and Mrs. Kampe This standard letter cites the reasons for the review and requirements. The major item, Development Impact Mitigation Fees, is explained in the italicized portion. Exhibit 8 - September 1 memo to the Building Division This standard memo lists the development requirements, including fees. Exhibit C - Chapter 15.64 of the Lodi Municipal Code on Development Impact Mitigation Fees APPROVED ` _ _ _ _ _—�—� i J THOMAS A PETERSON recycled paper City Manager PH2O24ED.DOC CC -1 Public Hearing to Consider Appeal from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024 Edgewood Drive November 2. 1994 Page 2 Exhibit D - Development Impact Mitigation Fee Summary Sheet The bill referred to in the memo only indicates the total amount. The summary sheet shows the fee calculation and breakdown among the eight fee categories. The Kampes responded with a letter dated September S. attached as Exhibit E. questioning the requirements. The reply letter, dated September 15 from the City Engineer, is attached as Exhibit F. The Kampes sent another letter, dated September 19, which is attached as Exhibit G. We also met with Mrs. Kampe between September 15 and 19, discussed the issues and, hopefully, resolved some of them. The development requirements and discussions are as follows: 1. Install a cleanout on the sewer service On older wastewater services, cleanouts were not installed as they are now required (see Exhibit F. Page 3, first paragraph). This is a relative'y small cost item, particularly if done along with construction of a new home, and we understand the Kampes are satisfied with our explanation and the requirement. 2. Repair broken sidewalk The City's Sidewalk Repair Policy has been debated many times by the City Council. The main issue with the Kampes seems to be whether or not this is the responsibility of the previous owner (see Exhibit F, Page 3, second and third paragraph, and Exhibit G, fifth paragraph). The requested sidewalk repair is one that did not show up on the last City inspection done a few years ago. We are not aware of any prior contacts with the property owner on this subject. The broken sidewalk is not one we would take action on other than requiring repair as part of a building permit. Again, although the Kampes may not be satisfied with this explanation, the cost will be less than $150.00 if done along with construction of a new home. 3. Pay the wastewater connection fee ($2,623.75) The fee of $2,623.75 is based on a three-bedroom home as was indicated on the building permit application reviewed by Public Works staff. The Building Department has since corrected the application to two bedrooms which will reduce the fee to $2099.00. This fee has been charged on new homes for many years. Again, we see no basis for waiving the requirement unless the Council wishes to change the ordinance and the entire funding mechanism for the Wastewater Treatment Plant. 4. Pay for a water meter and service upgrade to accommodate the meter ($625.00) Apparently the Kampes are satisfied with the meter charge although confused about the cost, as noted in their last letter (see Exhibit G, fourth paragraph). We have not been able to find anyone on staff who recalls talking to them about this item, but it is understandable why there would be some confusion since the cost depends on many individual PH2O24ED.DOC 1012"4 Public Hearing to Consider Appeal from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024=dgewood Drive November 2, 1994 Page 3 circumstances, including the fact that the service size and meter size are often different. The typical circumstances and costs for a residential service are: • Complete new 1 -inch service with 3/4 -inch meter $ 875.00 • Upgrade 1 -inch service line and box with 3/4 -inch meter $ 725.00 • Upgrade 1 -inch service box with 3/4 -inch meter $ 625.00 Install 3/4 -inch meter in existing suitable service $180.00 Public Works staff will attempt to clarify these typical charges the next time the "Fee and Service Charge Schedule" is updated. S. Pay Development Impact Mitigation Fees ($8,431.50) This is obviously the major item of contention and there are two issues involved. The first is whether or not the fees are appropriately charged in accordance with the ordinance and the second has to do with the Kampes' and the previous owners' knowledge of the fees. The discussion on Development Impact Mitigation fees on the first page of Exhibit F describes the background and explanation for the first issue. The fee ordinance exemption for "projects in progress" (Exhibit C. §15.64.110 E.) provided the "transition' from vacant land subject to the fees to those that had already developed and paid the appropriate fees. The key was development approval and payment of the then -current impact fee, the Master Storm Drainage fee. The City collected this fee from, literally, dozens of parcels in the years prior to the adoption of the Development Impact Mitigation fees in 1991. Included in these was another vacant parcel on Edgewood Drive on which the owners built a new home. Thus, the precedent of collecting impact fees on parcels that were created many years ago has been set and practiced for quite some time. Changing the ordinance to provide further exemptions for this type of project would involve significant changes to the entire program and would need to be studied in detail by the consulting firms who helped the City establish the program in 1991. This could take several months to a year and would likely mean that the costs of additional facilities to serve these projects would have to be bome by the General Fund, which means all the taxpayers. Since adoption of the current impact fees in 1991, the City has collected fees from eleven parcels which were already partially developed and were adding new buildings or other improvements on vacant land. An additional two residential projects paid impact fees on lots in the older parts of town that were created by parcel maps utilizing vacant space on existing lots. The only exception that has been granted by the City Council involved two industrial parcels that had a unique set of circumstances. The Council report on that exception is attached as Exhibit I. Finding 2. was the key item which referred to a letter specifically deferring impact fees that had already been billed. The Council made the findings as described and the owners subsequently paid the prior impact (drainage) fees. These circumstances do not apply to this case. PH2024E O -DOC 1 0/26194 • "'l y r Public Hearing to Consider App€al from Gilbert and Betty Kampe Regal -flit' Development Requirements at Property Located at 2024 Edgew ood Drive November 2. 1994 Page 4 The other issue involving knowledge of the fee is more difficult, although it probably has no bearing on the first issue. The Kampes and others involved in the sale of the lot apparently made some contacts regarding utility services. Var�ous Planning and Electric Utility staff recall discussing problems with setbacks and easements, but no discussion about impact fees. While we continue to remind counter staff to mention possible connection and impact fees, it is possible that these can be overlooked when the conversation focuses on other building issues. This is not typical however. Building questions are routinely answered at the front counter and the customer referred to the Public Works Department for other fee and improvement issues. We also have a preliminary development checklist (the "pink sheet") that would have revealed these issues if the Realtor or contractor had requested one from the Public Works Department. Just this week we responded to questions from a contractor on another vacant parcel on Edgewood Drive and have also spoken to the Realtor. The thorough review process that generates detailed requirements can only be done when the applicant presents detailed plans for a building permit or some special review. SUMMARY: The City's Development Impact Mitigation Fee ordinance is clear that this project is subject to payment of fees. Staff has been consistent in the application of the fee ordinance and has charged many projects upon development of vacant land within the older parts of the City. We see three possible courses of action: 1. Deny the appeal as recommended; 2. Direct the City Attorney to further review the matter although his preliminary review found no basis to support the appeal; 3. Direct Staff to work on a modification to the fee ordinance to exempt this type of project which would entail a new fee study. FUNDING: To be determined if needed. 4Ja L. Ronsko Publi Works Director Prepared by Richard C. Prima, Jr., City Engineer JLR/RCPAm Attachments cc: Gilbert and Betty Kampe City Attorney PH2O24ED.DOC tO12CS4 Mr. and Mrs. Gilbert Kampe 2925 Rockford Avenue Stockton. California 95207 SUBJECT: Construction Application #7926 2024 Edgewood Drive, Lodi, Califomia EXHIBIT A VSA Vt11R50N Gh Managrr It.%NOER &1 PIRRIN C$IV Clrr► 80I1 ,McNA1 T CM. Allornr% Your construction application has been reviewed by the Public Works Department for conformance with City off-site improvement and dedication requirements. This review is required by the Lodi City Municipal Code (Chapter 15.44) when the valuation of the proposed work exceeds $27.400. The requirements are described on the attached sheet which has been forwarded to the Building Division for inclusion in your permit. The CONSTRUCTION REQUIREMENTS and FEES sections will be handled by the Building Division in conjunction with the issuance of your Building Permit. Payment of Development Impact Mit.gation Fees is also required on this project. Although this lot was created in 1967, the development impact mitigation "Fe ordinance allows fee exemptions only for those parcels which have paid previous mitigation fees (§15.64.110). Our records indicate that no mitigation fees have been paid on this lot. A copy of Lodi Municipal Code Section 15.64 which covers development impact mitigation fees is enclosed for your information. i x1v 6 i C Due to the amount and detail of the impact fee calculation, a separate billing has been prepared and is attached to this letter. Payment is required prior to issuance of your building permit. E x i,, . h. 4 v The work listed under the ENCROACHMENT PERMIT section requires that your contractor obtain an encroachment permit from the Public Works Department for the items indicated. There is no fee for this permit. The encroachment permit should be obtained at the time of issuance of the building permit or as soon thereafter as possible so as not to delay your project. Should you have any questions, please call me at 333-6800 ext. 659. Sharon A. Welch Associate Civil Engineer cc: Building Division Mid -Cal Contractors 7926L DOC CITY COUNCIL JACK A SIEGLOCK, Mayor CITY OF L O D I STEPHEN I. MANN Mayor Pro Tempore RAY G. DAVENPORT CITY HALL, 221 HEST PINI STREEI Pt11LLIPA PENNINO PO BOX 30116 JOHN R (Randy) SNIDER IODI, CALIFORNIA 95241.19111 1209) 334-S634 I.%% 11091 III 674% September 1. 1994 Mr. and Mrs. Gilbert Kampe 2925 Rockford Avenue Stockton. California 95207 SUBJECT: Construction Application #7926 2024 Edgewood Drive, Lodi, Califomia EXHIBIT A VSA Vt11R50N Gh Managrr It.%NOER &1 PIRRIN C$IV Clrr► 80I1 ,McNA1 T CM. Allornr% Your construction application has been reviewed by the Public Works Department for conformance with City off-site improvement and dedication requirements. This review is required by the Lodi City Municipal Code (Chapter 15.44) when the valuation of the proposed work exceeds $27.400. The requirements are described on the attached sheet which has been forwarded to the Building Division for inclusion in your permit. The CONSTRUCTION REQUIREMENTS and FEES sections will be handled by the Building Division in conjunction with the issuance of your Building Permit. Payment of Development Impact Mit.gation Fees is also required on this project. Although this lot was created in 1967, the development impact mitigation "Fe ordinance allows fee exemptions only for those parcels which have paid previous mitigation fees (§15.64.110). Our records indicate that no mitigation fees have been paid on this lot. A copy of Lodi Municipal Code Section 15.64 which covers development impact mitigation fees is enclosed for your information. i x1v 6 i C Due to the amount and detail of the impact fee calculation, a separate billing has been prepared and is attached to this letter. Payment is required prior to issuance of your building permit. E x i,, . h. 4 v The work listed under the ENCROACHMENT PERMIT section requires that your contractor obtain an encroachment permit from the Public Works Department for the items indicated. There is no fee for this permit. The encroachment permit should be obtained at the time of issuance of the building permit or as soon thereafter as possible so as not to delay your project. Should you have any questions, please call me at 333-6800 ext. 659. Sharon A. Welch Associate Civil Engineer cc: Building Division Mid -Cal Contractors 7926L DOC N `7 EXHIBIT B c MEMORANDUM, City of Lodi, Public Works Department To: Chief Building Official From: Associate Civil Engineer - Development Services Date: September 1, 1994 Subject: Construction Application #7926 2024 Edgewood Drive, Lodi, California CONSTRUCTION REQUIREMENTS: Please add the following construction requirements to the Plans and the Building Permit for the subject project: • Install a cleanout conforming to Standard Plan 201 on the sewer service. • Repair broken sidewalk (approximately 6'). Sidewalk repairs to conform to Standard Plan 117. See Encroachment Permit Section below. FEES: Please collect the following Public Works fees at the time of issuance of the Building Permit: • Wastewater Connection Fee for 1.25 SSU's ($2,623.75). • Water Service Charges for work by City: $500.00 for water service upgrade to include meter box. Water Meter Installation by City: $125.00 for %-inch water meter. • Development Impact Mitigation Fees are required for this project. See Addition Items section below. ENCROACHMENT PERMIT: The following work is a condition of the Building Permit and should be marked on the Plans. The work is to be done prior to occupancy under the terms of an encroachment permit from the Public Works Department: • Repair damaged sidewalk as indicated above under Construction Requirements. ADDITIONAL ITEMS: The following additional items are required of the project and will be handled by the Public Works Department: Development Impact Mitigation Fees are required on this project. A separate billing has been issued for these fees. The fees need to be paid prior to the issuance of the building permit. 7926F.DOC Senior Building Olticiat .J ,September 1. 1994 Pape 2 Please notify the Development Services Section when the teen to be collected by the Building Division are paid. Thank you. Sharon A. Welch Associate Civil Engineer ca Mr. & Mrs. Gilbert Kampe Mid -Cal Constructors )926F.DOC 15.602W lances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 15.60.190(0) are satisfied and that the struc- ture or other development is protected by methods that minirniflood damages dur- ing the base flood and create no additional threats to public safety. F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. A copy of the notice shall be recorded by the flood- plain board in the office of the San Joaquin County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. 1426 (part), 1988) Chapter 15.64 DEVELOPMENT IMPACT MITIGATION FEES Sections: reimbursement for 15.64.010 Findings and purpose. 15.64.020 Definitions. 15.64.030 Development Impact funds. 15.64.040 Payment of fees. (L" 10-91) 320-16 � [EXHIBIT C 15.64.OS0 Adoption of study. capital Improvement program and fees. 15.64.060 Calculation of fees. 15.64.070 Residential acre equivalent factor. 15.64.080 Credit and 15.64.010 Findings and purpose. The council finds and declares as fol- lows: A. In order to implement the goals of the City of Lodi's general plan and to miti- gate the impacts caused by new develop- ment in the city, certain public improve- ments must be or had to be constructed. The city council determines that develop- ment impact mitigation fees are needed to finance these public improvements and to pay for new developments' fair share of the construction costs of these improvements. In establishing the fees described in this chapter, the city council finds the fees to be consistent with its general plan and, pursu- ant to Government Code Section 65913.2, has considered the effects of the fees with respect to the city's housing needs as estab- lished in the housing element of the general plan. B. The purpose of this chapter is to implement the general plan requirements set forth in this subsection and subsection A of e reimbursement for coubvction of facilities. ISACO90 Other authority. 16.64.100 Findings regarding use Of fees. 15.64.110 Fee exemptions. 15.64.120 Fee adjustment or waiver. 15.64.130 Appeal procedum 15.64.140 Severability. 15.64.010 Findings and purpose. The council finds and declares as fol- lows: A. In order to implement the goals of the City of Lodi's general plan and to miti- gate the impacts caused by new develop- ment in the city, certain public improve- ments must be or had to be constructed. The city council determines that develop- ment impact mitigation fees are needed to finance these public improvements and to pay for new developments' fair share of the construction costs of these improvements. In establishing the fees described in this chapter, the city council finds the fees to be consistent with its general plan and, pursu- ant to Government Code Section 65913.2, has considered the effects of the fees with respect to the city's housing needs as estab- lished in the housing element of the general plan. B. The purpose of this chapter is to implement the general plan requirements set forth in this subsection and subsection A of e f a this section and to impose mitigation fees to fund the cost of certain facilities and servic- es. the demand for which is directly or indirectly generated by the type of new development proposed in the general plan. under the authority of. 1. The police power of the city granted under Article XI. Section 7. of the Califor- nia Constitution; 2. The provisions of the California Envirorunental Quality An Public Resourc- es Code. Section 21000 et seq.. which in general requires that all developments mid - gate environmental impacts; 3. The provisions of the California Government Code regarding general plans at Section 65300 et seq. including but not limited to the provisions of Government Code Section 65400. C. It is further the purpose of this chap- ter to require that adequate provisions are made for developer -financed facilities and services within the city limits as a condition to the approval of a new development. D. Development impact mitigation fees are established on development in the city. Development impact mitigation fees shall consist of separate fees as described in Section 15.64.030 of this chapter. The city council shall. by resolution, set forth the specific amount of the fees; describe the benefit and impact area on which the fee is imposed: refer to the specific improvements to be financed, their estimated cost and reasonable relationship between this fee and the various types of new developments; and set forth time for payment. Adoption of such fee resolutions shall be done in coni- pliance with Government Code Sections 66016 et seq. E. The specific improvements to be financed by the fee are described in the City 15.64.010 of Lodi Development Impact Fee Study prepared for the city by Nolte and Associ- ates and Angus McDonald & Associates. dated August. 1991. a copy of which is on file with the city cleric. The calculation of the fee Is based upon the findings in the referenced study. F. New development will generate new demand for facilities which must be accom- modated by construction of new or expand- ed facilities. The amount of demand gener- ated and. therefore, the benefit gained. varies according to kind of use. Therefore. a "residential acre equivalent" (RAE) factor was developed to convert the service de- mand for general plan based land use cate- gories into a ratio of the particular use's rate to the rate associated with a low-densi- ty, single-family dwelling gross acre. The council finds that the fee per unit of devel- opment is directly proportional to the RAE associated with each particular use. G. The city has previously approved various development projects which have made significant financial expenditures towards completion, including the payment of the then current development impact mitigation fees: but have not obtained a building permit.1Te city council finds and declares that such projects should be al- lowed to proceed without the imposition of new development impact mitigation fees imposed under this chapter. (Ord. 1547 § 1. 1992; 1526 § 1, 1991; Ord. 1518 § I (part). 1991) 15.64.020 Definitions. A. "Acreage" means the gross acreage for fee calculation pugxwses of any property within the city general plan arca not includ- ing the acreage of dedicated street right-of- way existing prior to development, except 320-17 IL. J. 7.,J?) W 15.64.020 that the area of new dedicated street right- of-way ight- ofway in excess of thirty-four feet on one side of a street shall not be included in gross acreage. B. "'Building permit" means the permit issued or required for the construction. improvement or remodeling of any structure pursuant to and as defined by the city build- ing code. C. "Costs" means amounts spent. or authorized to be spent. in connection with the planning. financing. acquisition and development of a facility or service includ- ing. without limitation. the costs of land. construction. engineering, administration. and consulting fees. D. "Development" or "project" means any of the following: 1. For water. sewer and storm drainage impact fees: any new connection to the city system or increase in service demand: 2. For streets impact fees: any project that increases traffic; 3. For police, fire, paries and recreation and general facilities impact fees: any pro- ject generating new or increased service demand. E. "Facilities" means those public facil- ities designated in the City of Lodi Development Impact Fee Study and as subsequently designated by the city council. F. "Land use" means the planned use as shown on the general plan land use map defined by the following categories based on the designations in the city general plan: 1. Low-density Residential. Single- family detached and attached homes, sec- ondary residential units. and similar uses not exceeding seven units per gross acre: 2. Medium -density Residential. Single- family and multi -family residential units and nom 7.971 320-18 similar uses between 7.1 and twenty units per gross acre; 3. High-density residential. Multi -family residential units. group quarters. and similar uses between 20.1 and thirty units per gross acne; 4. East Side Residential. This designa- tion reflects the city council's adoption of Ordinance No. 1409. This designation pro- vides for single-family detached and at- tached homes. secondary residential units. and similar uses not exceeding seven units per gross acre: 5. Planned Residential. Single-family detached and attached homes. secondary residential units. multi -family residential units, and similar uses and is applied to largely undeveloped areas in the unincorpo- rated area of the general plan. All develop- ment under this designation shall be ap- proved pursuant to a specific development plan. As specific development plans are approved. the planned residential designa- tion shall be replaced with a low, medium, or high density residential designation, or a public/quasi-public designation based on its approved use and density; 6. Commercial -Retail. Retail uses. res- taurants. wholesale commercial uses. hotel and motel uses and service uses. public and quasi -public uses, and similar uses with a floor/area ratio not exceeding 0.40: 7. Commercial -Office. Professional and administrative offices. medical and dental clinics. laboratories, financial institutions. and similar uses with a floor/arca ratio not exceeding 5.0. 8. Light Industrial. Industrial parks. warehouses, distribution centers, light manu- facturing. and similar uses with a floor/area ratio not exceeding 0.50: C C 9. Heavy Industrial. Manufacturing. processing, assembling. research. wholesale and storage uses. trucking terminals. rail- road facilities. and similar uses with a floor/area ratio not exceeding 0.50; 10. Public /Quasi -Public. Government- owned facilities. public and private schools. and quasi -public uses such as hospitals and churches with a floor/area ratio not exceed- ing 0.50. The appropriate residential acre equivalent factor for these uses shall be deterirtiaed on a case-by-case basis by the public works director. G. "Program fee per residential acre equivalent" means the total program costs. for a particular category of facility divided by the total number of residential acre equivalents and adjusted for price changes up to the year of construction and for the cost of financing. as identified in the City of Lodi Development Impact Fee Study or subsequent update for that particular catego- ry. H. "Residential acre equivalent factor' (RAE) is a conversion factor used to reflect the service demand for each land use, with respect to the same characteristics for a low-density, single-family detached dwell- ing unit zoned in a residential zoning cate- gory C`R-LD" low-density) based on the city general plan. (Ord. 1547 § 2. 1992; Ord. 1518 § 1 (part), 1991) 15.64.030 Development impact funds. A. The city finance director shall create in the city treasury the following special interest-bearing trust funds into which all amounts collected under this chapter shall be deposited: 1. Water facilities; 2. Sewer facilities: 5.64.020 a. General sewer facilities. b. Kettleman Lane lift station. c. Harney Lane lift station. d. Cluff Avenue lift station. 3. Storm drainage facilities; 4. Street improvements: S. Police facilities; 6. Fire facilities; 7. Parks and recreation facilities: 8. General city facilities and program administration. B. The fees shall be expended solely to pay the costs of facilities (including interest on interfund loans) or to reimburse develop- ers entitled to reimbursement under this chapter. The funds for the categories listed above shall be kept separate. For purposes of this chapter. they are referred to in ag- gregate as the "development impact fee fund... C. The city manager shall have the authority to make loans among the develop- ment impact fee funds to assure adequate cash flow. Interest charged on each loan shall be the same as the rate earned on other city funds. (Ord. 1518 § 1 (part). 1991) 15.64.040 Payment of fees. A. The property owner of any develop- ment project causing impacts to public facilities shall pay the appropriate develop- ment mitigation fee as provided in this chapter. The amount shall be calculated in accordance with this chapter and the pro - grain fee per residential acre equivalent as established by council resolution. B. When such payment is required by this chapter. no final subdivision map. building pcnnit or grading permit shall be approved for property within the city unless the development impact mitigation fees for 320-19 it. b 7 1:1 15.64.040 that property are paid or guaranteed as provided in this chapter. C. The fees shall be paid before the approval of a final subdivision map. build - Ing permit or grading permit. whichever occurs first except as provided in subsection E of this section. D. if a final subdivision map has been issued before the effective date of the ordi- nance codified in this chapter. then the fees shall be paid before the issuance of a build- ing permit or grading permit. whichever comes first except as exempted under Sec- tion 15.64.110 of this chapter. E. When the development project includes the installation of public improve- ments. the payment of fees for Police. Fire. Parks and Recreation and general city facili- ties and program administration may be deferred and shall be collected prior to acceptance of the public improvements by the city council. Payment of all deferred fees shall be guaranteed by the owner prior to deferral. Such guarantee shall consist of a surety bond, instrument of credit. cash or other guarantee approved by the city attor- ney. (Ord. 1526 § 2. 1991; Ord. 1518 § 1 (part). 199 1) 15.64.050 Adoption of study, capital improvement program and fees. A. The city council adopts the City of Lodi Development Fee Study dated August, 1991 and establishes a future capital int- provement program consisting of projects shown in said study. The city council shall review that study annually. or more often if it deems it appropriate. and may amend it by resolution at its discretion. B. The city council shall include in the city's annual capital improvement pro;ram Made 7.921 320-20 appropriations from the development impact fee funds for appropriate projects. C. Except for facilities approved by the public works director for construction by a property owner under Section 15.64.080 or as shown in the annual capital improvement program, all facilities shall be constructed in accordance with the schedule established in the development impact fee study. D. 'Me program fee per residential area equivalent (RAE) shall be adopted by reso- lution and shall be updated annually. or more frequently if directed by the city coun- cil. by resolution after a noticed public hearing. The annual update shall be based on a report by the public works director including the estimated cost of the public improvements. the continued need for those improvements. and the reasonable relation- ship between such need and the impacts of the various types of development pending or anticipated and for which this fee is charged. In the absence of substantial changes in the projects or unit prices. the change in project cost shall be estimated by the change in the Engineering News Record 20 Cities Construction Cost Index. (Ord. 1518 § I (part). 1991) 15.64.060 Calculation of fees. A. The development impact mitigation fees required under Section 15.64.040 are calculated as follows: C7 CI F=PxRAE T=AxF where: A = acreage, computed to the nearest 0.01 acre; F = fee per acre per land use category per the definitions in this chapter. rounded to the nearest ten dollars: P = provain fee per residential acre equiva- lent as established by resolution: and RAE = the residential acre equivalent (RAE) factor for the appropriate land use category (see Section 15.64.070): C 320-20a 15.64.060 (Lodi 1.92) 15.64.060 T = the total mitigation fee for each catego- ry of public facility. B. The calculated fees am subject to adjustment per Section 15.64.120 of this code. (Ord. 1518 11 (part). 1991) 15.64.070 Residential acre equivalent factor. A. The residential acre equivalent factor is based on the development impact fee study. B. The residential acre equivalent (RAE) factors are as set out in the follow- ing table. Storm General Land Use Water Sewer Drainage Streets Police Fin Parks & Facilities Categories RAE RAE RAE RAE RAE RAE Recreation RAE RAE RESIDENTIAL Low Density 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 CMedium Density 1.96 1.96 1.00 1.96 1.77 1.96 1.43 1.43 High Density 3.49 3.49 1.00 3.05 4.72 432 2.80 2.80 Eau Side Residential 1.00 1.00 1.00 1.00 1.09 1.10 1.10 1.10 PLANNED RESIDENTIAL Low Density 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Medium Density 1.96 1.96 1.00 1.96 1.77 1.96 1.43 1.43 High Density 3.49 3.49 1.00 3.05 4.72 432 2.80 2.80 COMMERCIAL Retail Commer- cial 0.64 0.94 1.33 2.08 4.12 2.69 0.32 0.99 Office Commercial 0.64 0.94 1.33 337 3.72 2.46 0.54 133 INDUSTRIAL 320-21 tUjo 7.411 _ 1 15.64.070 (Ord. 1547 § 3.1992; Ord. 1518 § 1 (part). 1991) 15.64.080 Credit and reimbursement for construction of facilities. A. Construction of Facilities in Program Year. 1. The public works director may direct or authorize the owner to construct certain facilities specified in the development im- pact fee study, or portions thereof. at the time and as designated in the study. in lieu of all. or a portion of. the fee required by this chapter. The owner is entitled to a credit if the owner. (1) constructs the im- provements. (2) finances an improvement by cash or other means approved by the council. or (3) a combination of the above. The credit to be provided to the property owner shall be determined by the public works director based on prevailing construc- tion costs plus ten percent for engineering and administration and shall be approved by the council. The construction of a facility authorized by this section must consist of a usable facility or segment and be approved by the city and constructed in accordance with the city's public improvement design standards. The property owner must post a bond or other security in a form acceptable to the director for the complete perfonnance of the construction before credit is given. Stops Land Use Water Sewer Drainage Categories RAE RAE RAE INDUSTRIAL Recreation RAE RAE 2.00 Light Industrial 026 OA2 133 Heavy Industrial 026 OA2 133 (Ord. 1547 § 3.1992; Ord. 1518 § 1 (part). 1991) 15.64.080 Credit and reimbursement for construction of facilities. A. Construction of Facilities in Program Year. 1. The public works director may direct or authorize the owner to construct certain facilities specified in the development im- pact fee study, or portions thereof. at the time and as designated in the study. in lieu of all. or a portion of. the fee required by this chapter. The owner is entitled to a credit if the owner. (1) constructs the im- provements. (2) finances an improvement by cash or other means approved by the council. or (3) a combination of the above. The credit to be provided to the property owner shall be determined by the public works director based on prevailing construc- tion costs plus ten percent for engineering and administration and shall be approved by the council. The construction of a facility authorized by this section must consist of a usable facility or segment and be approved by the city and constructed in accordance with the city's public improvement design standards. The property owner must post a bond or other security in a form acceptable to the director for the complete perfonnance of the construction before credit is given. Udi 7.92) 320-22 2. If the amount of credit is less than the amount of the otherwise applicable fee. the property owner shall pay the amount which. when added to the credit received for the construction of facilities. equals the fee obligation. 3. If the amount of credit is greater than the amount of the otherwise applicable mitigation fee. the property owner shall be paid the difference only from the appropri- ate development impact fee fund. after the project is accepted by the city, and at the end of the year in which the project is planned to be completed under this study. B. Construction of Facilities Prior to Program Year. 1. If the construction described in sub- section A of this section occurs before the fiscal year for which construction is sched- uled under the study. the property owner shall receive no immediate credit against the applicable fee. The property owner shall be reimbursed from the appropriate develop- ment impact fee fund at the end of the year General Streets Pollee Fire Parks Facilities RAE RAE RAE Recreation RAE RAE 2.00 030 0.64 023 a" 127 0.19 0.61 033 0.93 Udi 7.92) 320-22 2. If the amount of credit is less than the amount of the otherwise applicable fee. the property owner shall pay the amount which. when added to the credit received for the construction of facilities. equals the fee obligation. 3. If the amount of credit is greater than the amount of the otherwise applicable mitigation fee. the property owner shall be paid the difference only from the appropri- ate development impact fee fund. after the project is accepted by the city, and at the end of the year in which the project is planned to be completed under this study. B. Construction of Facilities Prior to Program Year. 1. If the construction described in sub- section A of this section occurs before the fiscal year for which construction is sched- uled under the study. the property owner shall receive no immediate credit against the applicable fee. The property owner shall be reimbursed from the appropriate develop- ment impact fee fund at the end of the year 15.64.080 in which the project is planned under the of the year of reimbursement. (Ord. 1518 study program year. The reimbursable 1 (pact). 1991) amount shall be the estimated cost of the facility as determined in subsection A.1 of 15.64.090 Other authority. this section. With specific approval of the This chapter is intended to establish a council, reimbursement may occur after the supplemental method for 6a ding the cost of year in which the project is planned. if in certain facilities and services, the demand the opinion of the public works director. the for which will be generated by the level and delay is necessary to assure the orderly type of development proposed in the city implementation of the city capital improve- general plan. The provisions of this chapter ment program. - shall not be construed to limit the power of 2. To•implement subsection 8.1 of this the city council to impose any other fees or section. the property owner and the city exactions or to continue to impose existing shall first enter into a reimbursement agree- ones on development within the city. but ment. In addition to its other terms. the shall be in addition to any other require - agreement shall provide that: meets which the city council is authorized a. The general fund of the city is not to impose, or has previously imposed. as a liable for payment of any obligations arising condition of approving a plan. rezoning or from the agreement; other entitlement within the city. In particu- b. The credit or taxing power of the lar, individual property owners shall remain city is not pledged for the payment of any obligated to fund. construct. and/or dedicate obligations arising from the agreement-. the improvements. public facilities and other c. The land owner shall not compel the exactions required by. but not limited to. exercise of the city taxing power or the the city code, public improvement design forfeiture of any of its property to satisfy standards and other applicable documents. any obligations arising from the agreement; Any credits or reimbursements under Sec - d. The obligation arising from the tion 15.64.080 shall not include the funding. agreement is not a debt of the city, nor a construction. or dedications described in this legal or equitable pledge, charge, lien, or section. (Ord. 1518 § 1 (part). 1991) encumbrance, upon any of its property, or upon any of its income. receipts or reve- 15.64.100 Findings regarding use of nues. and is payable only from the fees fees. deposited in the appropriate city develop- A. As required under Government Code ment impact fee fund; Section 66001(d), the city shall make find - e. The reimbursable amount shall be ings once each fiscal year with respect to increased annually to include an amount any portion of the fee remaining unexpend- attributable to interest. This amount shall be ed or uncommitted in its account five or based on the change in the Engineering more years after deposit of the fee. to iden- News Record 20 Cities Construction Cost tify the purpose to which the fee is to be Index from the January 1st index of the put and demonstrate a reasonable relation - year of construction to the January lst index ship between the fee and the purpose for which it was charged. 320-23 ami 1-n) 15.64.100 B. As required under Government Code Section 66001(e), the city shall refund to the current record owner on a prorated basis the unexpended or uncommitted portion of the fee. and any interest accrued thereon, for which need cannot be established. (Ord. 1518 11 (part), 1991) 15.64.110 Fee exemptions. The following developments are exempt from payment of fees described in this chapter. A. City projects. B. Projects constructed or financed under this chapter. C. Reconstruction of. or residential additions to single-family dwellings, but not including additional dwelling units; D. Property which has paid a master stoma drain fix pursuant to Resolution 3618 or Ordinance No. 1440 is exempt from payment of the storm drainage impact fee except for changes in land use as described in the fee resolution. E. Additional exemption for development projects in progress: 1. A project on a parcel (or portion of a parcel) which has, on the effective date of the ordinance codified in this section. re- ceived the appropriate development approv- al, but has not obtained a building permit and has paid appropriate mitigation fees under Resolution 3618 or Ordinance 1440, shall be exempt from imposition of the development impact mitigation fees imposed under this chapter except the sewer lift station area fees. 2. For purposes of this subsection. "ap- propriate development approval" shall in- clude: a. An approved or conditionally ap- proved tentative map; cath 1.92) 320-24 b. An approved final subdivision or parcel map; c. An approved use permit when no map was required; d. An approved public improvement agreement. 3. The exemption under this subsection shall not apply to changes in land use, pursuant to subsection D of this section for storm drainage impact fees. 4. The exemption under this subsection shall apply on projects which include a change in land use to a more intensive use as defined in this chapter only to the extent that the previously approved land use shall be considered an existing use and the pro- ject shall be charged the appropriate incre- mental increase as provided in this chapter and the fee resolution. (Ord. 1526 § 3. 1991; Ord. 1518 § 1 (part), 199 1) 15.64.120 Fee adjustment or waiver. A. The owner of a project subject to a fee under this chapter may apply to the public works director for an adjustment to or waiver of that fee. The waiver of this fee shall be based on the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed. B. The application for adjustment or waiver shall be made in writing and filed with the city clerk no later than ten days after formal notification of the fee to be charged. The application shall state in detail the factual basis and legal theory for the claim of adjustment or waiver. C. It is the intent of this chapter that: 1. The land use categories are based on general plan designations which are an average of a wide range of specific land f uses; thus substantial variation must be shown in order to justify a fee adjustment: 2. The public works director may calcu- late a fee and/or require additional improve- ments where the service demand of a partic- ular land use exceeds the standards shown in the definitions or used In determining the improvements needed under the fee pro- gram; 3. The fee categories shall be consid- ered individually; thus it may occur that a fee adjustment of waiver is made in one category and not another, and 4. Where improvements providing capacity for the subject parcel have already been constructed, a downward adjustment of the fee is not appropriate. D. The public works director shall consider the application at an informal hearing held within sixty days after the filing of the fee adjustment or waiver appli- cation. The decision of the public works director is appealable pursuant to Section 15.64.130. E. The applicant bears the burden of proof in presenting substantial evidence to support the application. The public works director shall consider the following factors in its determination whether or not to ap- prove a fee adjustment or waiver. 1. The factors identified in Section 66001: a. The purpose and proposed uses of the fee, b. The type of development, 15.64.120 320-24a (Ilae+ 1-92) C15.64.120 1 C. The relationship between the fee's of the proceeding. The council shall consid- use and type of development, er all relevant evidence presented by the d. The need for improvements and the appellant, the public works director or other type of development, and interested party. e. The amount of the fee and the por- E The decision of the city council is tion of it attributable to the development; final; it is reviewable by a court under Code and of Civil Procedure Section 1094.5. 2. The substance and nature of the F. The city adopts the Code of Civil evidence including the development impact Procedure, Section 10945, for the purposes fee study and the applicant's technical data of judicial review under this section. A supporting its request. The applicant must petition seeking review of a decision under present comparable technical information to this chapter shall be filed not later than the show that the fee is inappropriate for the ninetieth day following the date on which particular development. (Ord. 1518 § 1 the decision of the hearing officer becomes (party 1991) final. (Ord. 1518 § 1 (part), 1991) 15.64.130 Appeal procedure. 15.64.140 Severability. A. The public works director is respon- If any provision or clause of the ordi- sible for administering, collecting. crediting, nance codified in this chapter or the appli- C adjusting, and refunding development fees. A decision by the public works director cation thereof to any person or circumstanc- es is held to be unconstitutional or to be regarding a fee imposed under this chapter otherwise invalid by any court of competent is appealable in accordance with this sec- jurisdiction, such invalidity shall not affect tion. A person seeking judicial review shall other ordinance provisions or clauses or first seek an appeal under this section. applications thereof which can be imple- B. A person appealing a decision under mented without the invalid provision or this chapter shall file a request with the clause or application, and to this end the public works director who is responsible for provisions and clauses of the ordinance processing the appeal. The appeal shall be codified in this chapter are declared to be in writing, stating the factual and legal severable. (Ord. 1518 § 1 (part), 1991) grounds, and shall be filed within ten calen- dar days following the decision of the pub- lic works director being appealed. C. The public works director shall notify the city manager of the appeal. The city manager shall set the matter for hearing before the city council and notify the person appealing in writing of the time and place. D. The city council shall conduct the hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record 320-25 �a4it � 1-1 EXHIBIT D • CITY O F LO D 1 Development Impact Mitigation Fee PUBLIC WORKS DEPARTMENT Summary Sheet subdivision: Lakewood Unit No. 4 n/a We Nam Tract 9 File • Parcel: 2024 Edgewood Drive, Lodi, CA 7926 Address Cant. Appl. a< 039-094-0013 AP s Developer/Owner: Mr. and Mrs. Gilbert Kampe Nam 2925 Rockford Avenue, Stockton. CA 95207 _ Address Project Description. Single -Family Residence GP Land Use Category: R-1 _ Parcel Project fit different) Fee CategorV Account # P RAE I Adj. F A T 1) Water Facilities 60.1-661 $ 5,690.00 1.00 S 5,690.00 0.21 S 1,194.90 2) Sewer Facilities - General 60.2-661 S 1,060.00 1.00 Is 1,060.00 0.21 S 222.60 - Lift station ^ -'•` +`x"'�`0 ''�a 3) Storm Drainage Facilities 60.3-661 S 7,610.00 1.00 7.630.00 0.21 S 1.602.30 4) Street Improvements 60.4.661 S 5,440.001 1.00 t- _S $ 5,440.00 0.21 $ 1,142.40 5) Police Protection Facilities 60.5.661 $ 1,130.00' 1.00 $ 1.130.00 0.21 $ 237.30 6) Fire Protection Facilities 60.6-661 S 540.001 1.00 _ $ 540.00 0.21 S 113.40 7) Parks & Recreation Facilities 60.7-661,$ 11,830.00 1.00 $ 11.830.00 0.21 $ 2.484.30 8) General City Fac. & Prog. Admin. 60.8.661 i S 6.830.001 1.00 S 6.830.00 0.21 $ 1,434.30 Total 1-8: $8,431.50 P - Program Fee per Residential Acre Equivalent (RAE) per Resolution 91.172. due prior to project approval RAE =Residential Acre Equivalent per LMC %15.64.070, unless adjusted. Adj. = Checked if RAE is adjusted, see Notes below. F Fee per acre (rounded to nearest $10.00) - P x RAE. A = Gross acreage per LMC 115.64.020A & 15.64.060 (rounded to nearest 0.01 acre). T = Total Fee for service category - A x F. PJ BY: 0,�/ Approved: ` Record fr: �J Data Billed: 9!1194 Data Paid: (Fee category 1 thru 8) 8129!94 IMY_I-tt1.AL5 Gilbert and Betty Kampe 2925 Rockford Avenue Stockton, California 95207 September 6. 1994 City of Lodi P. O. Box 3006 Lodi, California 95241 [Ex'*tiIBI�� `. Attention: Sharon A. Welch, Associate Civil Engineer RE: YOUR LETTER OF SEPTEMBER 1, 1994. MR. AND MRS. GILBERT KAMPE CONSTRUCTION APPLICATION NUMBER 7925, 2024 EDGEWOOD DRIVE. LODI, CALIFORNIA - MITIGATION FEES AND CONSTRUCTION REOUIREMENTS Ms. Welch: This ,sate we received the above referenced letter via U.S. Mail, to say we were: very surprised, appalled and shocked at the assessment of the Mitigation Fees is a gross understatement. Additionally we wire surprised at the Construction Fees and Requirements. FIRST WE WILL ADDRESS THE MITIGAT'10N FEES.: In February of this year prior to the purchase of the property It--cdted at. 2024 Edgewood Ctrive, Lodi, California, we were assured by one of the sellers Theodore Huta that all services, water, ..ewer, telephvne, electric and gas were all on the Property and available for corulection. The proprr•ty lir:,ting she,wed all of these items as well a4 sidewalks, street lights ect.. (copy included) . Even though we were assured by Mr. Huts as a condition of the sales contract pr for to completing the? .5,ileJ agreement we mad' inquiry o the City of Lodi. On February 15, !994 a message was left at the City at L:�di, Dave C': -mer. Mr. i_�:,mer returned the call an -3 at that time we asked him .�lbaut. all of thy services, water, sewer, electric lnd ga_, w11C'th,:- ,hese st'rvices were on the property aval —ble for t_�:,nnection and what. if any charge:3 fc,r them would be due. We were directed to P,sciElc Gas & Electric fJr inf,:•rmz1ti,jn regarding the avail tility of the gets. Mr. con"er he w'-'Ul:3 get bac): tv us' Witt! the 11?EOrMatlOtl We rt ;Ue ;ted bUt it [Might. Le a tr_w c:!,3ys. 'We were called back in three (3) days after a site-- inspcctit•n by the C 1C.y_ r L,%,di and idvist d tliat w,=,ter, Sc't.lc'L' a1't�� electric wel'r_' ,3C tltt E>i`_prl'ty a:td available tlT' conrie c tlOrl. Howevt-I', we Wt_,iald have tc. pay *•'.1' L:Zter meter, the meter Wt_':ild b,- mint SiailllS'_' 1 D:•11a1':• " a`100. 0 ) . FEA September 6, 1494 City of Lodi Page 2 Mr. Maiciel Fernandez of Pacific Oas & Electric, after size inspection advised us '�f the gas location. Both of these gentlemen were very helpful. We were also advised by Lodi Unified School District of the School Tax Fee, the amount to be Two Hundred Dollars ($200.00) per bedroom. When we were advised of the water meter charge we made a request, through our Real Estate Agent for the Sellers to pay this fee. Mr. 'rheodore iiutz one of the sellers, refused on the grounds that no other homeowner in the Lakewood Area had been required to pay or have a water meter installed. We continued to stand that the charge for the meter should be the responsibility of the. seller:, as they guaranteed tt5 that all the utilities were on the site and ready for connection. Our real estate agent, Manejy Gerlack c-31led the City of Lodi to verify the water meter '-harge and was tol-I the cost would be Five Hundred Dollars ($500.00). Mr. Hut-'. was a-Aattlant in refusilli, to pay for the meter and suggested that we close, and sue him in small claims court. We-lecid ed to continue the sale ar.'.i zsue him f, --,r the cost of the meter when :,r if were required t,.' install one. Why are these fees Leing cl.•irged ttow, without: tht-' new J"Vuperty owner h.,ving any prior knowledge' Section 15,6.4.040 Payment of Fee. why have none ,:!t t.h?:i,e 'Leell Illy C. i 'tfver a l Ownr'r" , no paym:nt.s made, did any ':•F these Owners h6ve kn'--:wledge c,f these Fees? The Title Se -arch r:''_'::':ucte•.j f'_'r Hut :. ll'vi i:�impe earlier this year showed n,--, ragort Of arty Mit igat ion Fees, we're Fees sniLlsed by ►'hicago Title Company'. Why WF1t:� II,t 1jV1_i?a 'Mltl$�tl,_'IFtty the jtyi� Lodi Wl'l� we inquired in February '_,i: this yea Are Fee ckisto ba --3e d on tele' v -it -e dtie li'1 i.It, We feel that we made: every effort te_, fin's '_,ut. any cost'-: that. might be uLIC tU the 1:1L11 -Ch i5@ i'f: t.tle pr,: -Pel t:y located at. 2L -)2v E-19eW0013 DriVe. j,odi. CZ11 if':,r'ilia. WO wou111 I101_ h-aVt purchased this E'r_:pert.y if thes? E3Ct_= W' -1-k- kn'''wr t' t y3 we already had •3n_':1 ,,: ,'-•t ir, C-.�Cr"w and w, --re waiting f, -,i, tYje _completion of the SUll.l'.VlciiC.1, e:;il'.. Fll r_. t _ .l C'_,I]c.i.1:iI i...tl '.11'1 I't t il:;`lude these cost- ani we are l;, -)t in }_' it.i_'r; t pay *hem. El. .';NL, WF w T Li. tl'7w t.hv W.l::tewatel M September b, 1994 City of Lodi Page 3 THIRD WE WILL ADDRESS THE CONSTRUCTION REQUIREMENTS: Why would a new property owner be required to repair a broken sidewalk, broken long before we considered the purchase of this property' Are the sidewalks in Lodi maintained by the property owner? If so this should be a cost. to a prior Owner. This sidewalk could have been br,_+ke.n by City Crews working on the utilities, the utility ►'onipany +r tho Fence Company erecting the fence for the City or any+ne driving a heavy vehicle over it. I�z the w.i5te- water cleanout ti►e re—iv -risibility of the Lodi property Owner) Typic -ally the city provides the waste water cleanout and I.he Owner l:-, in and <`Onliect behind the waste water cleanout. We aE•pval t=hese Mit.iLeaCi'Al Feel alfa .1:;k fol' y01.12' respotlse to quest -1+_+n addressed in tri)_ iet ter. 111 c a ,-e:. i y . 4.5 r" -r- B -•t ty Kampe City •:;? Lodi Ecuil-iiiq-, L� E•�lrimel:t Mid Cal Ilst l'u": t ;'hi cago Title F-_mune Realty. T. f:1.:t:. EXHIBIT F CITY COUNCIL CITY O F L O D I ` r" ,r•,.,....•r tACK A SIEGLOCK, .titavor STEPHEN I MANN i K vt III hKI♦ Mayor No Tempore RAY DAVENPORT 1 II1 H.\tl PHILLIPA PENNINO I'O ISO\ 11411i , ,t� \ r. in.• JOHN R (Randy) SNIDER MDI l \111 ORS -1 \ +15:•11 1`110 1.1141 11.3 :b 14 September 15, 1994 Mr. and Mrs. Gilbert Kampe 2925 Rockford Avenue Stockton, California 95207 SUBJECT: Construction Requirements and Fees Construction Application #7926 2024 Edgewood Drive, Lodi, Califomia The purpose of this letter is to respond to the questions and comments contained in your letter dated September 6, 1994, regarding the construction and fee payment requirements for the subject project. Copies of our memorandum to the Building Division and letter to you dated September 1, 1994, which set forth the requirements. are attached for ease of reference. We will start by addressing the development impact mitigation fees and move on to an explanation of the Public Works fees and construction requirements. Development Impact Mitigation Fees Development Impact Mitigation Fees were adopted by the City Council in November 1991. The fees are based on the type of development (residential, commercial, industrial) and consist of eight categories: water, sewer, storm drainage, streets, police. fire, parks and recreation and general city facilities. These fees are collected at the time of subdivision map filing for new subdivisions and at the time of building permit issuance for existing lots in subdivisions which are subject to the fees. Prior to the adoption of the current fees, mitigation fees consisted of a fee for storm drainage which was instituted in 1972. Subdivisions developed after 1972 were required to pay this fee at the time the subdivision map was filed. Any unimproved lots in subdivisions developed prior to 1972 were required to pay the storm drainage fee at the time of building permit issuance. At the time the current mitigation fees were adopted there was much discussion regarding payment of fees on unimproved parcels within existing subdivisions. The City Council decided that those developments which had approved maps and had paid the prior mitigation fee (storm drainage) prior to adoption of the current fees, would be exempt from the new fees. This decision is embodied in the Lodi Municipal Code (LMC) in Chapter 15.64 which was provided to you with our original correspondence. The Council decision was made with the realization that there would be unimproved lots in subdivisions developed prior to 1972 which would be subject to the current mitigation fees. Your lot falls into this category. Exwbifs 9 4 A £,ci,.b;i C Mr. and Mrs. Gilbert Kampe September 15. 1994 Page 2 Public Works Fees The Public Works fees to be collected include charges for wastewater correction, water service upgrade, and water meter installation. Since the charges for these services are dependent upon the type of improvements to be made on the parcel, they are not collected until a construction application and plans have been submitted. The amount of the wastewater connection fee for residential property is based on the number of bedrooms in the residence. The fee schedule for this service is approved and adopted by the City Council. The fees are based on sewer service units (SSU's) with a two bedroom house representing one SSU. The fees increase by 0.25 SSU's for each additional bedroom. The information provided by the Building Division indicated that the proposed residence will have three bedrooms. Thus the wastewater connection fee of $ 2,623.75 for your project is based on 1.25 SSU's. Each SSU is $2,099.00. The existing water service for the subject lot does not most current city standards. The service therefore needs to be upgraded to meet current standards in conformance with LMC Chapter 15.44 which is discussed below under Construction Requirements. The upgrade consists of installing a meter box and the necessary valving to accommodate a water meter. This work is performed by City crews. Per our published fee schedule, the cost to upgrade a 1 -inch water service is $500.00. Monthly charges for residential water use are currently a flat rate based on the number of bedrooms in the residence. However, due to the severe drought conditions experienced in California in the recent past, the establishment of a residential water meter program has been mandated by the State. In order to meet this mandate, the City is requiring that all new residential construction pay for the installation of a water meter. The charge for a 3/* -inch water meter in conjunction with a water service upgrade is $125.00. Metered rates for residential water use will be instituted at some time in the future, but a projected timetable for this change has not yet been adopted. Construction Requirements As stated in our letter to you, Lodi Municipal Code (LMC) Chapter 15.44 requires review for off-site improvement requirements whenever the valuation of the project work exceeds $27,400.00. A copy of this section of the code was not included with the t xk - b, } H original paperwork, but is attached for your review. Section 15.44.050(D) states that existing improvements that do not meet existing city standards shall be reconstructed to current city standards. The installation of the sewer cleanout in conformance with Standard Plan 201, the repair of the broken sidewalk and the water service upgrade mentioned above fall under this code section. 79WEES.DOC Mr. and Mrs. Gilbert Kampe September 15. 1994 Page 3 City crews do not install cleanouts on existing sewer services. This is the responsibility of the property owner or developer. The cleanouts have been included with new services since 1986. With regard to your inquiry regarding responsibility for sidewalk maintenance. under the Streets and Highways Code of the State of California, sidewalk maintenance is the responsibility of the property owner. A copy of the City's curb, gutter and sidewalk repair policy is attached for future reference. Clearly, these items are the responsibility of the property owner. The issue of whether the cost should be bome by you or the previous owner is a matter to be settled between you and your respective realtors. We hope the above information clarifies the requirements placed on the issuance of your permit We have attempted to trace the source of the information you and your real estate agent were provided when you inquired about the subject property earlier this year. Mr. Dave Comer of the Electric Utility Department recalls a conversation regarding electrical service to the lot but does not recall providing any information regarding fees to be charged by the Public Works Department. We have also been unable to locate anyone in the Building Division who recalls providing information for this parcel. If you could provide us with the names of the other staff members you contacted, it would be greatly appreciated. Inquiries regarding development requirements should be referred by other departments to staff in the Development Services Division of the Public Works Department who are knowledgeable on the fees and requirements for development and routinely answer inquiries regarding these matters. Unfortunately, these requirements can be complicated since each project has its own unique set of circumstances to consider. It is impossible for any one person to be knowledgeable in all these areas. We would be happy to meet with you to discuss the fees and requirements. The sections of the Municipal Code which affect your building permit application contain procedures for appealing the requirements to the City Council. If you have any questions regarding the information provided, please call me or Sharon Welr h, Associate Civil Engineer, at (209) 333-6706. 7 Richard C. Prima, Jr. City Engineer RCP/SAW cc: Associate Civil Engineer Building Division Mid -Cal Constructors MOFEES.DOC September 19, 1994 City of Lodi P. O. Box 3006 Lodi, California 95241-1910 Attention: Richard C. Prima, Jr. City Engineer EXHIBIT G R E OfD Ct-, F E :.: a 21 1994' '`, ►`'`� + Y O F L ODI RE: LOT LOCATED AT 2024 WEST EDGEWOOD DRIVE, LODI, CALIFORNIA Mr. Prima: We received your letter (dated September 15, 1994) today via U.S. Mail, thank you for responding to the questions asked of Ms. Welch. I still do not understand if the Migation Fees are a matter of Public Record, I assume they are not since that question was not addressed. I can not believe that we were not made aware of these charges, surely someone at the city knew they existed even if they did not know the amount. As to the wastewater connection fee thank you for your explanation. To clarify the record our proposed residence will have two (2) bedrooms. When asked anyone at the Lodi Building Department(s) should have been able to advise us of this fee and of the requirements to install sewer clean out. I'm still confused about the water service (size) but we were advised by the city of the meter requirements before purchasing the property at 2024 West Edgewood and thus we were prepared for the cost, although unsure of the amount. The sidewalk while not a large issue, has undoubtly been broken for many years, it must have been missed on many City Inspections or the prior owner(s) never made the repairs when notified. Clearly the responsibility for the work rests with the property Owners, the manual was clear, too bad it was not provided earlier. Is there a way to find out if a request was made of a prior owner to repair the sidewalk? I would like to obtain more information to ascertain if the seller. Mr. Hutz, knew all or part of these requirements and fees and just failed to disclose them to us. I would agree that it would be impossible for all Building Department Employees to be knowledgeable of all fees but it would seem when requests are made regarding fees and services that the customer would be directed to the knowledgeable person and that standard fees and requirements should be known by all. September 19, 1994 City of Lodi Page 2 We assumed our questions were answered correctly. We were treated in a courteous and helpful manner in all cases but one and it was never our intention to indicate otherwise. Undoubtly when our questions were asked and we were directed to Dave Comer (we did not know his title) and he confirmed our questions regarding the Utilities held by the City of Lodi were at the property, we trusted him. I can only assume that if he is in charge of the electrical only that he must have made inquires from his fellow colleagues to arrive at the answers given to us. We were directed to contact PG & E for their input on the fees and availability on the gas, which we did. If Mr. Comer had directed us to contact any other department in the City of Lodi for additional information, you can be certain that we would have, as this was information necessary to making a decision as to which lot we should purchase. I can only hope out of our distress that some new procedures will be mandated so as to avoid this happening to anyone else. We have invested a lot of heart and soul as well as money in our dream to make our home in Lodi and we will appeal these fees. I am sure if this happen to you or anyone else after making every effort to obtain the proper information you would have much the same feeling we experience. These fees are no small amount of money to the average family and there should be a way to know about them before getting in our situation. Feeling very squeezed, unhappy and discouraged and wondering what next, makes us ponder if our dream is not just a nightmare! We will contact Ms. Welch as to the proper procedure to appeal this decision. Sincerely, �•wru-- Betty Kampe c.c. Mid -Cal Constructors Hakeem, Ellis and Simonelli 15.40.100 The sign face shall be white in color. All lettering or printing shall be red in color, and all two-inch letters shall have a minimum one -fourths -inch stroke, and all one -inch letters shall have a minimum three -sixteenths -inch stroke. D. Prosecutions. Chapter 1.08 of this code applies to prosecutions under this section. (Ord. 1384 § 1.1986; prior code § 5-40) 15.40.110 Alteration or modification. On-site fire protection facilities, whether installed before or after the effec- tive date of the ordinance codified in this chapter, may be altered or repaired with the written consent of the fire chief; pro- vided, that such alterations or repairs shall be carried out in conformity with the provisions of Section15.40.030. (Prior code § 5-39) Chapter 15.44 OFF-SITE IMPROVEMENTS AND DEDICATIONS Sections: 15.44.010 Purpose. 15.44.020 Definitions. 15.43.030 Compliance required. 15.43.040 Exemption or deferment. 15.44.050 Improvements required. 15.34.060 Right-of-way and easement dedications. 15.45.0.70 Completion or guarantee. 15.44.080 Inspection and approval. 15.54.090 Fees. 15.54.100 Appeal. lUds 12-86) 308 1EXHIBIT H 15.44.010 Purpose. The purpose of this chapter is to set forth requirements for the installation of nonexistent or inadequate nonconform- ing public off-site improvements and the dedication of public rights-of-way and easements as a condition to the issuance of a building permit or development approval in order to protect and improve the public's safety. convenience and gen- eral welfare. (Prior code § 5-19) 15.44.020 Definitions. For the purpose of this chapter. the following words and phrases have the meanings respectively ascribed to them by this section: A. "Development" means all residen- tial, commercial and industrial construc- tion or remodeling. as well as developments of public agencies, includ- ing but not limited to on-site parking facilities, open storage areas, and other similar improvements which mayor may not require a building permit. B. "Off-site improvement" means all publicly owned facilities that are or will be located in the public right-of-wav which typically include, but are not lim- ited to. curbs, gutters. sidewalks, street paving. storm drains, water mains, sewer lines, fire hydrants, electrical faciliti:s. street lights and landscaping. (Prior code § 5-20) 15.44.030 Compliance required. No building permit shall be issued for a development nor shall an on-site park- ing facility. open storage area or other similar improvement be created or con- structed within the city unless com- pliance is made with the public off-site e 15.44.030 improvements and dedication requirements the property owner enters into an agreement set forth in this chapter. (Prior code § 5-21) with the city agreeing that the property owner will undertake and start the conswc- 15.44.040 Exemption or defermem tion of the required improvements within A. The requirements of Section ninety days after notice is given by the city. 15.44.030 do not apply if the cost of devel. The agreement shall further provide that in opment within any twelve-month period is the event of default in undertaking and determined by the public works director to completing the required improvements be less than twenty-five thousand dollars. within the time specified. the city may This amount shall be adjusted by the public cause such work to be done and the cost works director on July Ist of each year. thereof to be assessed as a lien against the beginning on July 1. 1994. based upon the property. Such agreement shall , also be change of the U.S. Average Engineering considered as a covenant running with the News -Record Building Cost Index. using land and shall be recorded in order to con - the following formula: stitute notice to any prospective buyer of ' such property. The city manager is autho- Amount - $25.000 X ENR Index for June 28.8(ENR tn&x or JuneiYY2) rized to execute such an agreement for and on behalf of the city. (Prior code § 5-22. and that the amount shall be rounded to the Ord. 1569 § 1. 1993) nearest one hundred dollars. • B. The city may defer compliance with 15.44.050 Improvements required. the requirements of Section 15.44.030 if the A. The off-site improvements required public works director determines that it for all developments under this chapter are would be in the best interest of the city to as follows: cause all or a portion of the work to be 1. Curb. gutter. sidewalk. driveways and re done on an aa -wide basis. provided that street improvements shall be 308-1 itodt t.a>> C C installed fronting all portions of the developer's property being developed which fronts upon a public street or future public street. The improvements shall be in accor- dance with the then -current city policies and city standards. 2. Water, sewer. storm drains and land- scaping shall be installed in accordance with the chert -current city policies and city stan- dards. 3. Electrical facilities and street IIghts shall be installed in accordance with plans prepared and approved by the city utility department. B. Plans showing the off-site improve- ments shall be prepared by a registered civil engineer unless waived by the public works director. C. The installation of off-site improve- ments within existing public right-of-way requires an encroachment permit from the city. D. If off-site improvements exist that do not meet existing city standards or are inad- equate or a hazard to the general public, then these off-site improvements shall be reconstructed to current city standards. E. No occupancy permit shall be issued or utility connections made unless the re- quired off-site improvements and dedica- tions have been completed and approved. F. Street improvements and dedications made pursuant to this chapter are eligible for reimbursement as provided in Chapter 16.24 of this code. (Ord. 1527 § 9. 1991; prior code § 5-23) 15.44.060 Right-of-way and easement dedications. The public right-of-way and easement dedications required under this chapter shall be in conformance with the then -current city 15.44.050 design standards and adopted specific plans. 'fie required dedications shall be made prior to the issuance of a building permit or allowing the development to proceed. (Prior code § 5-24) 15.44.070 Completion or guarantee. Any person required to construct off-site improvements underthis chapter shall either complete same to city specifications or shall guarantee such completion by furnishing to the city. prior to the issuance of a building permit or allowing a development to pro- ceed. a surety bocci, instrument of credit. or cash in the amount of the development's construction cost. (Prior code § 5-25) 15.44.080 Inspection and approval. Off-site improvements required under this chapter are subject to the inspection and approval of the public works director. (Prior code § 5-26) 15.44.090 Fees. The then -current applicable development fees must be paid prior to the issuance of a building permit. or allowing the develop- ment to proceed, including: A. Development impact mitigation fees-, B. Wastewater connection fee; C. Engineering fee; D. Other established development fees and fees for service. (Ord. 1515 §3, 1991: prior code § 5-27) 15.44.100 Appeal. A. Any person required to make im- provements or dedications under this chap- ter may appeal any decision of the public works director to the city council. Such appeals shall be in writing and shall be filed 309 irmi 1.92) 15.44.100 with the city cleric within fifteen days of the date notice of the decision is made. B. The city council shall hold a hearing on the appeal within thirty days of the date on which the appeal was filed. The city cleric shall send written notice of the hear- ing to the appellant at least seven days prior to the date of the hearing. The determina- tion of the city council shall be considered as final. (Prior code 15-28) Chapter 15.48 SCHOOL FACILITIES DEDICATIONS Sections: Article L General Provisions 15.48.010 Title and purpose. 1S.48.020 Statutory authority— 15.48.070 Conflicts. 15.48.030 General plan 15.48.090 conformance. 15.48.040 Regulation promulgation. Article II. Definitions 1SA&OSO Applicability. 15.48.060 Developer. 15.48.070 Dwelling unit. 15.48.080 Mobilehome space. 15.48.090 School districts. 15.48.100 Conditions of overcrowding. 15.48.110 Reasonable methods of mitigating conditions of 15.48.160 overcrowding. 1S.48.120 Residential development. (Lodi I -W) 310 Article M. Procedure and Requirements ISAM30 Notice of overcrowding by school districts— Findings. 15.48.140 Notice of overcrowding by school districts— Contents. 15.48.150 Designation of overcrowded school. 15.48.160 Residential development approval --Findings required. ' 1S.48.170 Residential development approval—Exemptions. 15.48.180 District schedule of use. 15.48.190 Land or fees— Preference of developer. 1S.48.200 Land or fees— Determination. 15.48.210 Dedication. 1S.48.220 Fee payment. 1S.48.230 Amount required. 15.48.240 Use of land and fees. 15.48.250 Accounting and report by school district. 15.48.260 Termination of requirements. 15.48.270 School capacity determination. Article I. General Provisions 15.48.010 Title and purpose. The ordinance codified in this chapter shall be known as the "school facilities dedication ordinance." The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments D OF CITY OF LODI EXHIBIT I ! COUNCIL COMMUNICATION AGENDA TITLE: Request For Development Impact Mitigation Fee Waiver or Adjustment at 225 North Guild Avenue (APN 049-040-61) MEETING DATE: November 18, 1992 PREPARED BY: City Attorney RECOMMENDED ACTION: Council consideration and possible action on request for exemption, waiver or adjustment of Development Impact Mitigation fees. BACKGROUND: At the meeting of October 21, 1992, the City Council was asked by Civil Engineer Cecil Dillon to consider an adjustment or waiver of Development Impact Mitigation fees on the Teresi property, a five -acre parcel at the southwest corner of victor Road (Highway 12) and Guild Avenue. Specifically, Mr. Dillon felt it was equitable to apply the fees in place prior to adoption of Ordinance 1526 because the City had prior to that time approved the deferral of the storm drain fees on the parcel by letter of October 25, 1990 (Attachment A). As the Council will recall, at the time Ordinance 1518 was adopted, there was a lengthy discussion of how vacant parcels with frontage improvements already in were to be treated. It was decided that there might be some circumstances in which exemptione were appropriate, and these situations should be considered per Lodi Municipal Code Section 15.64.110 et seq. The major considerations discussed at that time were regarding "projects in progress" in which substantial investment and approvals had been made, and that no further approvals except a building permit were required. Council then modified Ordinance 1518 with Ordinance 1526 providing exemptions for "projects in progress". If the City Council wishes to grant the request, it is necessary under LMC Section 15.64.130 to prepare written findings, identifying the basis upon which the request is made and the circumstances justifying the granting of the exemption. Shoutd the Council wish to grant the request, the following language may be used: "The City Council hereby finds and declares that it is appropriate to impose upon the subject parcel only those fees in place prior to adoption of Ordinance 1518 because: 1. At the time of adoption of Ordina•ce 1526, the subject parcel met the requirements of Section 15.64.110(E)(2); PO I A APPROVED: THOMAS A. PETERSON ,ecyclea pope, City Mnnnger J CC -1 DEVFEECC/TXTA.01V Request For Development Impact Mitigation Fee Waiver or Adjustment at 225 North Guild Avenue (APN 049.040.61) November 18, 1992 Page Two 2. The letter from Assistant City Engineer Richard Prima to Dillon Engineering dated October 25, 1990, granting a deferral of storm drainage fees until building permits were issued, implies a preexisting waiver of the additional fees imposed by Ordinance 1518; 3. In order to meet the conditions for exemption found in Lodi Municipal Code Section 15.64.110(E)(1), the owner of the parcel shall, within thirty days from the date of this approval, pay all fees which would have been due prior to adoption of Ordinance 1518." To the best of staff's knowledge, only one other parcel meets these exact circumstances. That parcel is APN 049-040-57, 1371 E. Pine Street, which was split as part of the Teresi project on the west side of Guild Avenue. Note that the October 25, 1990 letter was copied to Mr. Ted Molfino, the property owner and joint developer of this project with Mr. Teresi. (Attachment B) If Council wishes to approve this request, it should apply to that parcel as well. G JNDINC - None. Respectfully submitted, Bob MCNatt City Attorney BM/vc Attachment CC: Jack Ronsko, Public Works Director Richard Prima, Assistant City Engineer Mr. John Teresi Mr. Cecil Dillon Mr. Ted Molfino DEVFEECC/TXTA.OIV .CJTY COLINC11 10MN R. (R& -IA SPER. Mavw DAVID M. H'tCtrAN Mavor Pro WELYN M. OLSON JAMES W. PINKERTON. It. FRED M. REID --F� TAC 11 M E N T A r —THOMAS A. PETERSON City Manator CITY OF L O D I ALICE M. REIMCHE city ClockCITY HALL. 221 WEST PINE STREET CALL BOX 3006 �81"k ' LODI. CALIFORNIA 95241.1910 City Attornw (209) 334-5634 RECEIVED TTL1C0P11R :170 1333.6795 October 25, 1990 0C 2.9 1991) Dillon Engineering P.O. Box 2180 Lodi, CA 95241-2180 SUBJECT: Teresi Industrial Park Street Improvements The City has approved deferral of the storm drainage fee shown on Invoice #E-913 until the building permits are issued. The property owner will be billed the storm drainage fee in effect at the time the permit is issued. Richard C. Prima r. Assistant City Engineer RCP/S8/mt cc: Teresi Trucking Tel Molfino Finance Oepartment 0 LDILL0N/TXTd.02M J 1LJ� A T T A C H M E N T B D J U VICTOR RD (HWY t 2) Sub Blue Shield fully developed & bldg. permit issued Moifino 11371, fully aKI IA developed fully 4 bldg. permitz no issued /�p Teresi Industrial Park—, Dart partially ""low 1 Scale: 1"=300' ST M:\OPEN\ EX HIBITS\ VAC -Gu'L. DWG CIT' OF'' DI NOTICE- F PUBLIC HEARING Tj Carnegie Forum Date: November 2,1994 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 November 2, 1994 NOTICE IS HEREBY GIVEN that on Wednesday, November 2, 1994 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) Appeal from Gilbert and Betty Kampe regarding development requirements at property located at 2024 Edgewood Drive, Ladi. 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: nifer M. errin I Clerk Dated: October 5, 1994 Approved as to form: Bobby W. McNatt City Attorney J %CITYCLR"0Fk ASWOTICE2B DOC t0l4/94 DECLARATION OF MAILING D On October 6, 1994 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "Be attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 6, 1994, at Lodi, California. Jennifer M. Perrin City Clerk Gilbert and Betty Kampe 2024 Fdgewood Drive Lodi, CA 95240 CITY COUNCIL JACK A SIECLOCK, Mayor STEPHEN J MANN Mavor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNINO JOHN R. (Randy) SNIDER CITY O'F LODI Mr. and Mrs. Gilbert Kampe 2925 Rockford Avenue Stockton, CA 95207 CITY HALL, 221 NEST PINE STREET PO BOX 11106 LODI. CALIFORNIA 45231.1910 (2091134-i634 rAlk Q041 It4..-.1a October 27, 1994 THOMAS A PETERSON C.tv ,Manager IINN I►ERM PERRIN c1ty clerk 11011 .MINA T T C.tv Attornev SUBJECT: Public Hearing to Consider Appeal from Gilbert and Betty Kampe Regarding Development Requirements at Property Located at 2024 Edgewood Drive Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday, November 2, 1994, 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 City Hall, 221 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speaker's 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 Prima at (209) 333-6706. rJackRornsko Director JL.RIIm Enclosure cc: City Clerk NPH2O24E DOC