HomeMy WebLinkAboutResolutions - No. 2009-148RESOLUTION NO. 2009-148
A RESOLUTION OF THE LODI CITY COUNCIL
AMENDING THE SAN JOAQUIN COUNTY MULTI
SPECIES HABITAT CONSERVATION AND OPEN
SPACE PLAN DEVELOPMENT FEE
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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 cf the SJMSCP; 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 these three categories will be
increased consistent with the Updated Fee Study findings for the year 2010. 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 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:
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 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, agricultural land, vernal pool habitat and
multi-purpose open space conversion shall be consistent with the table identified
in Exhibit"A" and attached hereto.
4. The Fee provided in this resolution shall be effective on January 1, 2010, 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 Habitat Conservation and Open Space
fee adjustment.
Dated: October 21, 2009
I hereby certify that Resolution No. 2009-148 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held October 21, 2009, by the
following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS — None
2009-148
J&-. ___-
RAND- JOHL
City Clerk
AnnJohnston
VICECHAIR
Andrew T. dtesfey
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S JC0G,Inc.
555 East Weber Avenue • Stockton, CA 95202
(209) 468-3913 * FAX (209) 468-1084
San Joaquin County Multi -Species Habitat Conservation &
Open Space Plan (SJMSCP)
* Effective January 1, 2010 — December 31, 2010
2010 Endowment Fees with In -lieu Land"
Agricultural Habitat Lands
$2,943.89
$1,65968 $4,603.57
Natural Lands
$2,943.89
$1,65968 $4,603.57
Vernal Pool Habitat
VernalPool Grasslands
$554.38
$6,073.69 $6,628.07
VernalPool Wetted
$39,249.51
$6,073.69 $45,323.20