RESOLUTION R2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, ESTABLISHING THE MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF FLOOD PROTECTION DEVELOPMENT IMPACT FEE UPDATE WHEREAS, the Mitigation Fee Act (Act) (California Government Code Section 66000 et seq.) authorizes a local agency to impose impact fees as a condition of approval of development projects to help defray the costs of public infrastructure and facilities that will be needed to serve the proposed development; and WHEREAS, the San Joaquin Area Flood Control Agency (SJAFCA) has directed Larsen Wurzel & Associates, Inc. to prepare the Mossdale Tract Area Regional Urban Level of Flood Protection (ULOP) Development Impact Fee Update dated May 12, 2022 (Nexus Study); and WHEREAS, the Council has adopted a Resolution approving the Nexus Study; and WHEREAS, Section 6602(a) of the Act, notice was published in the Manteca Bulletin on September 9, 2022, providing 10 days’ notification of the time and place for a public hearing to consider and adopt the Regional ULOP Development Impact Fee Update. Notice of the hearing was also provided 14 days prior to the public hearing to those interested parties who requested, in writing, notice of meetings on new or increased fees or service charges; and WHEREAS, a public hearing was held on September 20, 2022, at a regularly scheduled meeting of the Manteca City Council (Council) to hear and consider the adoption of the Regional ULOP Development Impact Fee; and WHEREAS, the development impact fee will fund levee improvements that meet Urban Level Design Criteria (ULDC) standards and achieve 200-year ULOP while offsetting the increase in damageable property that will be placed in the levee-protected floodplain as new development occurs in the area, and that the fee is needed to implement Phase 4 levee improvements to the Mossdale Tract and repay funds advanced by the developers and local agencies to support early implementation of the improvements; and WHEREAS, the Council has adopted an Ordinance amending the Manteca Municipal Code, Title 13 Public Services, by amending Chapter 13.50 Interim Urban Level of Flood Protection Levee Impact Fee (amended chapter title: Regional Urban Level of Flood Protection Levee Impact Fee); and WHEREAS, the Council has considered all information related to this matter as presented at the public hearing of the Council identified herein, including any supporting reports by City Staff and any information provided during public hearings.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Manteca, as follows:
The Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the Council’s adoption of this Resolution.
The Council, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, hereby establishes the Regional Development Impact Fee for the Mossdale Tract Area and attached hereto as Exhibit “A”.
This Resolution shall take effect 60 days after adoption of the Ordinance amending Title 13 of the Manteca Municipal Code.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 20th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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