HomeMy WebLinkAboutResolutions - No. 2011-174RESOLUTION NO. 2011-174
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 SCHEDULE
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 identifiedthe costs, funding, and indexing of 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
decreased consistent with the Updated Fee Study findings for the year 2011. A table illustrating
the Development Fee decreases for the three categories of land is attached hereto as Exhibit
A end
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
priorto 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
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 decreased in San Joaquin County; and that in order to maintain the reasonable
relationship established by Ordinance 1707, it is necessary to decrease 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, 2012.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED that the City of Lodi City
Council does hereby approve the proposed Habitat Conservation and Open Space fee
adjustment.
Dated: November 2, 2011
hereby certify that Resolution No. 2011-174 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November2, 2011, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, Nakanishi, and
MayorJohnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS—None
ABSTAIN: COUNCIL MEMBERS— None
OR WnHL
City Clerk
2011-174
a ud W=
CHAIR
Ken Vogel
VICE CHAIR
Andrew T. CJ>esley
1PRPSIDENT
Manlier Agmaes
CrT1hsCr
ESCALON,
LATHROP,
LODI,
MANTECA,
RIPON,
SiOCKTON,
'[RACY,
AND
THECOUNIYOE
5AN jOAQUIN
EXHIBIT A
SJCOG, Inc.
555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0438
San Joaquin County Multi -Species Habitat Conservation &
Open Space Plan (SIMS CP)
2012 Endowment Fees with In -lieu Land"
Agricultural Habitat Lands $3,077.79 $1,752.62 $4,830.41
Natural Lands $3,077.79 $1,752.62 $4,830.41
Vernal Pool Habitat
Vernal Pool Grasslands 1 $579.601 $6,367.41 $6,947.01
Vernal Pool Wetted 1 $41,034.83 1 $6,367.411 $47,402.23
* * Effective January 1. 2012 — December 31. 2012 in lieu of fees to be used as the endowment for the
dedicated land preserves (Category B + C)
VELB Mitigation
A special fee category shall apply when removal of elderberries occurs. The fee shall be paid to
SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as
established in the VELB Conservation Fund Account managed by the Center for Natural Lands
Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in
diameter at ground level which is removed). Fees shall be established by the P A during
preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be
completed duringpreconstruction surveys) and shall be paid to the P A prior to ground disturbance or
stem removal, whichever comes first.