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HomeMy WebLinkAboutResolutions - No. 2022-268RESOLUTION NO. 2022-268 A RESOLUTION OF THE LODI CITY COUNCIL SETTING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE SCHEDULE FOR 2023 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, 2020, and 2022 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 2023 SJMSCP Development Fees fjWWW Type Category A I Category B Category C Total• Fee Rounded Fee Other Open Space $6,358.00 $2.885.00. $385.55 $9,628.55 $9,629 Natural/Ag _ Lands $12,716.00 $5.769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14.491.00 $1.901.76. $75_,319.76 $75,320_ Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176.878.45 1 $176878 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, 2020 and again in 2022; 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 decreased in San Joaquin County over the past year; and that in order to maintain the reasonable relationship established by Ordinance 1707, the adjustment represents a reduction to 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, 2023. 5. That the Lodi City Council hereby approves the proposed Habitat Conservation and Open Space fee adjustment. Dated: November 2, 2022 I hereby certify that Resolution No. 2022-268 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 2, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-268 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) Robert HAIRnnan CHAIR 2023 Updated Habitat Fees* C David Bellinger VICE CHAIR Diane Nguyen EXECUTIVE DIRECTOR Member Agencies CITIES OF ESCALON, LATHROP, LODI, MANTECA, RIPON, STOCKTON, TRACY, AND Habitat Type Fee Per Acre ii YPP.urpose O cn Space $9,529 Natural $19,255 Afficulture $19,255 Vernal Pool - uplands $75,320 Vernal Pool -- wetted $176,878 * Effective January 1, 2023 — December 31, 2023 THE SANJOA UIN 2023 Endowment Fees with In -lieu Land** SAN JOAQUIN Enhancement Land TOTAL PER Type of Preserve Cost/acre Management ACRE Cost/acre ENDOWMENT Agricultural Habitat Lands $5,769.00 $769.97 $6,539 Natural Lands $5,769.00 $769.97 $6,539 Vernal Pool Habitat Vernal Pool Grasslands $14,491.00 $1,901.76 $16,393 Vernal Pool Wetted $117,102.00 $1,864.45 $118,966 ** Effective January 1, 2023 — December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) 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). 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.