ORDINANCE O22XX-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING 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) WHEREAS, on September 20, 2022, the Manteca City Council (Council) approved and adopted the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Updated Nexus Study (Nexus Study) prepared by the San Joaquin Area Flood Control Agency (SJAFCA), dated May 12, 2022; and WHEREAS, the Nexus Study dated May 12, 2022, has been reviewed and considered by the Council and by reference is hereby entered into the public record; and WHEREAS, a notice of the public hearing on this Ordinance was published in the Manteca City Bulletin on September 9, 2022; and WHEREAS, the findings required by the State of California Mitigation Fee Act (also known as “AB 1600,” Government Code sections 66000, et seq.) are made by Council with this action as contained in the administrative record and hereby incorporated by reference herein; and WHEREAS, the Council did use its independent judgment and considered all of said reports including but not limited to the Nexus Study, recommendations and other evidence in the administrative record, all of which is hereby incorporated by reference herein; 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 meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: APPROVAL OF NEXUS STUDY AND FINDINGS. The City Council of the City of Manteca does hereby approve the Regional Urban Level of Flood Protection (ULOP) Levee Impact Fee Nexus Study report dated May 12, 2022, and attached as Exhibit “B” and incorporated herein by this reference, and Council hereby adopts this new fee based on findings required by the State of California Mitigation Fee Act (also known as “AB 1600,” Government Code sections 66000, et seq.), specifically Council hereby makes all of the following findings:
The purposes of the Regional ULOP Levee Impact Fee imposed by this Ordinance are necessary to fund design and construction of Levee System Improvements for the Mossdale Tract Area; collected fees may be used for no other purpose.
The geographic area in which the fees will be imposed is the 200-year floodplain within the Mossdale Tract ULOP study area, as illustrated by the Regional Levee Fee Program Boundary Map within Exhibit “B”.
The estimated reasonable costs for providing the Levee System improvements are contained in the Regional ULOP Levee Impact Fee Nexus Study report.
There is a reasonable relationship between the type of development projects on which the fee is imposed and the uses of the fees for off-site Levee system improvements.
There is a reasonable relationship between the amount of the fees and the cost of the specified public improvement attributable to the development projects on which the fee is imposed.
SECTION 2: APPROVAL OF FEE. The Council of the City of Manteca, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, hereby establishes the Regional Urban Level of Flood Protection (ULOP) Levee Impact Fee for the Mossdale Tract Levee System.
The Council may take future action to make other revisions to these fees. These fees shall be in addition to any fees previously imposed by the City. These fees shall be paid at the time of building permit issuance and collected and administered consistent with Title 13 Public Services of the Municipal Code. These fees shall be effective sixty (60) days after the adoption of this Ordinance.
SECTION 3: AMENDMENT TO THE MUNICIPAL CODE. Chapter 13.50 of Title 13 of the Manteca Municipal Code is amended to read as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 4: PUBLICATION. Within fifteen (15) days after its final passage, the City Clerk shall cause this ordinance to be published in full accordance with Section 36933 of the Government Code.
SECTION 5: SEVERABILITY. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective sixty (60) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
BENJAMIN J. CANTU
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 20th day of September 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the 4th day of October 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
O22XX-__ Page PAGE 3 of NUMPAGES 3 Type adopted date of ordinance here ATTACHMENT 3
O20XX-__ Page PAGE 1 of NUMPAGES 3 Type adopted date of ordinance here