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HomeMy WebLinkAboutResolutions - No. 2020-277RESOLUTION NO. 2020-277 A RESOLUTION OF THE LODI CITY COUNCIL SETTING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE SCHEDULE FOR 2021 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" was prepared in 2006, 2011, 2016, and 2020 which analyzed and identified the costs and funding of the SJMSCP; and WHEREAS, the SJMSCP Development Fees are divided into three categories: Category A — Acquisition; Category B — Enhancement; and Category C — Land Management/ Administration as seen in the table below; and 2021 SJMSCP Development Fees Habitat Category A Category B Counded Category % Total FeeTrF ;; Oen Space_ AG/Natural $5,870.00 $2,471.00 $341.00 $ 8,682.00 $8,682 $4,942.00 $681.00 $17,363.00 $17,363 Vernal Pool rag sslands) _$11,740.00 $57,036.00 $12,826.00 $71,544.00 $1,682.00 $71,544 _( Vernal Pool (wetted) $56,057.00 $103,580.00 $1,649.00 $161,286.00 1 $161,286 WHEREAS, the SJMSCP Development Fees will be increased consistent with the Updated Fee Study findings for the year 2021; 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 method of annual adjustments was modified in 2011, 2016, and again in 2020; 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 AND DETERMINED 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 increased in San Joaquin County; and that in order to maintain the reasonable relationship established by Ordinance 1707, 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, 2021. 5. That the Lodi City Council hereby approves the proposed Habitat Conservation and Open Space fee adjustment. Dated: November 18, 2020 I hereby certify that Resolution No. 2020-277 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 18, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None J NNIFE USMIR City Clerk 2020-277 CHAIR GV Z Ar VICECHAIR ARdrao L Cheley PRESIDENT Nimpher Aymm' cmsgor ESCALON, LATHROP, LODI, MANITCA, RIPON, sroQcroN. TRACY, AND THECOUN YOr SANJOAQUIN 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 (SJMSCP) 2021 Undated Habitat Fees* Habitat Type j Fee Per Aere Natural �.!_ ..—S. -I.7,363 Myriculture $17,363 Vernal Pool - u lari& $711,544 V $ j.6'1.,286 * Effective January 1, 2021 — December 31, 2021 l� 2021 Endowment Fees with In -lieu Land** Type of PreserveManagement Enllancenterrt Cnsr/aerc Land cost/sere, TOTAL 1119R ACRE ENDOWMENT Agricultural Habitat Lauds $4,942.00 $681.00 $5,623.00 Natural Lands $4,942.00 $681.00 $5,623.00 Vernal Pool Habitat Vernal Pool Grasslands $12,826.00 $1,682.00 $14,508.00 Vernal Pool 6Vetled $103,580.00 $ tM9.00.1 $105,229.00 ** Effective January 1, 2021 — December 31, 2021 in lieu of Fees to be used as the endowment for the dedicated land preserves (Category B+ Q based on impacted acres. VELB Mitigation A special fee category shall apply when removal of the Valley Elderberry Long -horned Beatle (VELB) habitat of elderberry shrubs 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 V in diameter at ground level which is removed). Pees shall be established by the ,IPA during preconstruction surveys (i.e., counts of steins 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.