HomeMy WebLinkAboutResolutions - No. 2008-213RESOLUTION NO. 2008-213
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 of 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, funding, and indexing of the SJMSCP; and
WHEREAS, the current SJMSCP
agricultural lands is $12,329 an acre for
consistentwith the Updated Fee Study; and
Development Fee for natural lands and
the year 2008 due to annual adjustments
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 2009. 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 forty 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
follows:
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 1701, and remain valid, and the City
Council therefore adopts such determinations.
2. The City Council finds and declares that since adoption of Ordinance 1701, the
cost of land has increased in San Joaquin County; and that in order to maintain
the reasonable relationship established by Ordinance 1701, it is necessary to
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 $14,104 an
acre based on Table 1 in Exhibit" A and is consistent with the Updated Fee Study
dated November2, 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 1, 2009, which is
at least sixty (60) days after the adoption of this resolution.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED that the City of
Lodi City Council hereby approves the proposed General Plan Amendment.
Dated: November 5, 2008
hereby certify that Resolution No. 2008-213 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 5, 2008, by the
following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Hansen, Johnson, Katzakian,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
(&I OHL
City Clerk
2008-213
Exhibit A
2009 SJMSCP Habitat Fees
Multi -Purpose Open Space
$ 7,052
Natural
$ 14,104
Agriculture
$ 145104
Vernal Pool - uplands
$40,565
Vernal Pool -wetted
$789353