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Home My WebLink AboutResolutions - No. 2013-185RESOLUTION NO. 2013-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI SETTING 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 identified the costs, funding, and indexing of the SJMSCP; and WHEREAS, the SJMSCP Development Fees are divided into four categories: multi-purpose open space conversion; natural land and agricultural habitat land; and vernal pool habitat; and WHEREAS, the SJMSCP Development Fees for these three categories will be increased consistent with the Updated Fee Study findings for the year 2014; 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: 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 1707, the cost of land has decreased in San Joaquin County; and that in order to maintain the reasonable relationship established by Ordinance 1701, it is necessary to decrease the Development Fee for the Sari 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, 2014. 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: October 16, 2013 ------------------------------------------------------------------- ------------------------------------------------------------------- I hereby certify that Resolution No. 2013-185 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 16, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Katzakian and Mayor Nakanishi ABSTAIN: COUNCIL MEMBERS — None 2013-185 M-400 omm 5UM %=oihm ITEW)Wf Cnx5OF OCALM. 7AnWIM. WM SfOMM, TRACY. ASD 7MCMNTYOF SA.\PAg1TY SJCOG, Inc. 555 Fast Weber AvLnue e Stockton, CA 95202 . (209) 23540600 e FAX (209) 235-0438 San Joaquin County Multi -Species Habitat Conservation & Open Space Plan (SJMSCP) ted Habitat Fees* EXHIBIT A 2014 Endowment Fees with In -lieu Land** "Effective Januar• 1.2014 -December 31.2014 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 VELE Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USF4VS. is S1,800 per VELB Unit (one unit= one stem over V in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e.. counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first. I - ga A icultural Habitat Lands 83,189.59 $1816.38 $S,OOS.87 -Natural Lands $3,189.59 $1,816.28 $5,005.87 Vernal Pool Habitat Vernal Pool Gwasslands 1 $600.651 $6,598.691 $7,199.34 Vernal Pool Mened $42.525.33 $6,598.6WL S49,124.02 "Effective Januar• 1.2014 -December 31.2014 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 VELE Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USF4VS. is S1,800 per VELB Unit (one unit= one stem over V in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e.. counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.