HomeMy WebLinkAboutResolutions - No. 2007-233RESOLUTION NO. 2007-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT
CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE
WHEREAS, the City Council of the City of Lodi adopted an Ordinance establishing the
authority for collection of a Development Fee for the San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan (SJMSCP) for all new developments pursuant to the
SJMSCP within the City cf Lodi; and
WHEREAS, a "Fee Study" dated July 16, 2001, was prepared, which analyzed and
identified the costs, funding, and cost -benefit of the San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan; and
WHEREAS, the purpose of the SJMSCP Development Fee is to finance the goals and
objectives of the SJMSCP that include, but are not limited to, preserve land acquisition,
preserve enhancement, land management, and administration that compensate for such lands
lost as a result of future development in the City of Lodi and in San Joaquin County; and
WHEREAS, after considering the Fee Study and the testimony received at the public
hearing, the Lodi City Council approved said report and further found that the future
development in the City of Lodi will need to compensate cumulative impacts to threatened,
endangered, rare, and unlisted SJMSCP covered species and other wildlife and compensation
for some non -wildlife related impacts to recreation, agriculture, scenic values, and other
beneficial open space uses; and
WHEREAS, an "Updated Fee Study" dated November 2, 2006, was prepared, which
analyzed and identified the costs and funding of the SJMSCP; and
WHEREAS, the current SJMSCP Development Fee for natural lands and agricultural
lands is $3,463 an acre for the year 2007 due to annual adjustments consistent with the
California Construction Cost Index (CCCI); and
WHEREAS, the Updated Fee Study identified the fee an acre for natural lands and
agricultural lands for the year 2007 as $13,022; and
WHEREAS, the current fee of $3,463 an acre is inadequate to finance the goals and
objectives of the SJMSCP due to the increasing cost of land in San Joaquin County; and
WHEREAS, the SJMSCP Development Fees are divided into three categories: vernal
pool habitat, natural land and agricultural habitat land, and multi-purpose open space
conversion; and
WHEREAS, the SJMSCP Development Fees for vernal pool habitat and multi-purpose
open space conversion will likewise be increased consistent with the Updated Fee Study
findings for the year 2007. A table illustrating the Development Fee increases for the three
categories of land is attached hereto as Exhibit"A; and
WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation,
annual adjustments, based on the method set forth in this resolution, shall be made to the fees
annually; and
WHEREAS, the fee shall now be comprised of three components: Acquisition Costs,
Assessment and Enhancements, and Management and Administration. The Assessment and
Enhancements and Management and Administration components shall be adjusted annually
based on the Consumer Price Index (CPI). The Acquisition Cost component shall be adjusted
annually based on a minimum of ten comparable agricultural sales within the previous two
years. If ten acceptable comparables are not found, then the two-year window will increase in
three-month intervals until ten acceptable comparable agricultural sales are found. The
comparable agricultural sales shall meet the following criteria: over 40 acres in size, but under
500 acres in size, no orchard or vineyard properties shall be included, and all comparable sales
must be on land that is consistent as mitigation land under the SJMSCP. In addition, all
SJCOG, Inc. transactions regardless of size or sale type will be included in the comparables;
and
WHEREAS, the Updated Fee Study with the SJMSCP and the fee amendment were
available for public inspection and review in the office of the City Clerk for more than ten days
prior to the date of this Public Hearing.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LODI, AS FOLLOWS :
1. The City Council finds and declares that the purposes and uses of the Development Fee
and the determination of the reasonable relationship between the fees' uses and the type
of development project on which the fees are imposed are all established in Ordinance
1707 and remain valid, and the City Council therefore adopts such determinations.
2. The City Council finds and declares that, since adoption of Ordinance 1707, the cost of
land has increased in San Joaquin County and that, in order to maintain the reasonable
relationship established by Ordinance 1707, it is necessaryto increase the Development
Fee for the San Joaquin County Multi -Species Habitat Conservation and Open Space
Plan.
3. The Development Fee for natural lands and agricultural land shall be $12,392 an acre
based on Table 1 in the Updated Fee Study and is consistent with the Updated Fee
Study dated November 2,2006.
4. The Development Fee for vernal pool habitat and multi-purpose open space conversion
shall be consistent with the table identified in Exhibit "A" and attached hereto.
5. The Fee provided in this resolution shall be effective on January 20, 2008, which is at
least sixty (60) days after the adoption of this resolution.
Dated: November 21,2007
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1 herby certify that Resolution 2007-233 was passed and adopted by the Lodi City
Council in a regular meeting held on November21, 2007, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS— Hitchcock
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
RNDI JOHL
City Clerk
2007-233
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Exhibit A
2008 Updated Habitat Fees
Multi -Purpose Open Space $6,165
Natural $ 12,329
Agriculture $ 12,329
Vernal Pool - uplands $ 35,143
Vernal Pool - wetted $ 71,125
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