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EXHIBIT “A”
AMENDING MANTECA MUNICIPAL CODE, TITLE 13 PUBLIC SERVICES, CHAPTER 13.50 TO READ AS FOLLOWS:
Chapter 13.50: INTERIM REGIONAL URBAN LEVEL OF FLOOD PROTECTION LEVEE IMPACT FEE.
Section 13.50.010. TITLE. This Chapter shall be known as the “Interim Regional Urban Level of Flood Protection Levee Impact Fee” regulation of the City of Manteca. The City of Manteca hereinafter shall be called “City.” This chapter shall be applicable in the incorporated territory of the City.
Section 13.50.020. OPERATIVE DATE. “Operative Date” of this chapter begins on the sixtieth 60th day following the adoption of the ordinance codified in this chapter and continuing for thirty 30 years thereafter at which time, unless operative date is amended prior to that date, the collection of the Impact Fee pursuant to chapter shall cease.
Section 13.50.030. PURPOSE. This chapter is adopted to impose a levee improvement development impact fee (Levee Fee) to ensure that new development within the RD 17 Mossdale Tract portion of the City of Manteca pays its proportionate share of the levee improvement costs needed to provide Regional Urban Level of Flood Protection (ULOP) to the Reclamation District 17 Mossdale Tract Area. This Levee Fee, in combination with other sources of funding described within the Interim Regional ULOP Development Impact Fee Updated Nexus Study dated January 19, 2017 May 12, 2022 (Nexus Study), will fund the Project to provide two-hundred-year 200-year flood protection to the Reclamation District 17 Mossdale Tract Area as detailed in the Nexus Study.
Section 13.50.040. FEE RATE. The Interim Regional ULOP Levee Impact Fee for Reclamation District 17 the Mossdale Tract Levee System, based on the acreage of a project, is detailed within the Nexus Study.
Section 13.50.050. DETERMINATION OF GROSS DEVELOPABLE ACREAGE (GDA).
A Project’s GDA, for purposes of the fee calculation, is determined as follows:
A. For New Development of Vacant Land. In the case where a New Development is being constructed on vacant land or land that has not previously been developed:
1. Residential Land Uses
a. For Single-Family residential projects that consist of residential uses that require a Tentative and Final Subdivision Map (i.e. more than 4 units), the GDA is the gross acreage of the large lot parcel or resulting parcels excluding major dedicated public land uses, such as major arterials, major collectors, drainage, ATTACHMENT 6
utilities corridors, parks, schools, and other public facilities. An example calculation of GDA for this case is shown in Appendix C D to the Nexus Study. b. For all other Single Family residential projects that have impacts to the RD 17 Mossdale Tract Area facilities the GDA is determined as follows:
i. For parcels up to 0.15 acres, the GDA is the actual acreage of the parcel. ii. For parcels greater than 0.15 acres but less than five 5 acres, the acreage is based on an assumed coverage ratio of a typical Single-Family home on a standard residential lot. The GDA will be calculated by multiplying the square footage* of the residential structure by three and expressing this square footage in terms of acres (dividing by forty-three thousand five hundred sixty 43,560 square feet per acre). However, in no case will this resulting amount exceed the actual acreage of the parcel. * Square footage can be generally classified as all square footage of the structure excluding the square footage of garages, porches, decks, external entryways, awnings, carports, driveways, breezeways, out-buildings, carriage houses, sheds, and other similar non-habitable portions of the structure.
c. For all Multi-Family residential projects, GDA is determined to be equivalent to the entire gross acreage of the parcel being developed.
2. Nonresidential Land Uses (Commercial and Industrial). For Retail/Office/Industrial/Commercial projects, GDA is determined by the actual acreage of the parcel where a structure being constructed less major dedicated public land uses, such as major arterials, major collectors, drainage, utilities corridors, parks, schools, and other public facilities.
B. For Development of Land with Existing or Pre-Existing Structures. In the case of expansion of an existing structure in excess of three hundred 300 square feet or the construction of a new structure within two years after demolition of a previous structure, GDA will be calculated as follows:
1. Residential Land Uses
a. For a residential expansion project, if the project involves the addition of new square footage in excess of three hundred 300 square feet or more, the GDA will be calculated by multiplying the new square footage of the expansion in excess of 300 square feet by three then expressing this square footage in terms of acres (dividing by forty-three thousand five hundred sixty 43,560 square feet per acre).
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b. For residential replacement projects, if the project involves development of a new residential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure), and the new structure is larger than the demolished structure by more than three hundred 300 square feet, the GDA will be calculated by multiplying the total net new square footage in excess of 300 square feet by three then expressing this square footage in terms of acres (dividing by forty-three thousand five hundred sixty 43,560 square feet per acre) (In this case, the use of the previously demolished structure is not a factor).The net new square footage in excess of 300 square feet will be determined by subtracting from the new square footage the documented previously existing structure square footage of the previously existing structure plus 300 square feet from the new structure square footage. c. For a residential development project that involves development of a new residential structure, separate from the existing structure, the Nexus Study section, “For Additional Residential Development on Land with Existing Structures,” can be referenced.
2. Nonresidential Land Uses
a. For Retail/Office/Commercial or Industrial expansion projects, if the project involves the addition of new square footage in excess of three hundred 300 square feet or more, the GDA will be calculated by calculating the total net new square footage in excess of 300 square feet and expressing this square footage in terms of acres (dividing by forty-three thousand five hundred sixty 43,560 square feet per acre).
b. For Retail/Office/Commercial or Industrial replacement projects, if the project involves development of a new nonresidential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure) and the new structure is larger than the demolished structure by more than three hundred 300 square feet, the GDA will be calculated by calculating the total net new square footage in excess of 300 square feet and expressing this square footage in terms of acres (dividing by forty-three thousand five hundred sixty 43,560 square feet per acre). The net new square footage in excess of 300 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage.
c. For a Retail/Office/Commercial or Industrial project that involves development of a new nonresidential structure, separate from the existing structure, the GDA will be calculated by calculating the total net new square footage and expressing this square footage in terms of acres (dividing by 43,560 square feet per acre).
Section 13.50.060. EXEMPTIONS AND EXCLUSIONS.
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The following land uses and/or development projects are exempt from the Regional Levee Fee:
A. Agricultural Exemption: Development projects on agricultural land including development of Rural Residential parcels greater than five 5 Acres in size.
B. Pre-Existing Structures: Development projects that require a building permit and are not increasing the amount of new structure square footage are exempt from the fee if the project involves adding no more less than three hundred 300 new square feet the project is exempt from the fee. Projects adding more than 300 square feet are subject to the fee and the fee will be applicable to the additional square footage in excess of 300 new square feet.
C. Addition/Replacement Damage. If the proposed project is an addition to an existing single-family residential dwelling unit, a replacement in kind because of fire damage or other natural disaster, or located on land owned by a government agency and is to be used solely for public use, the project will be exempt from the fee.
C. Replacement due to Damage: Development projects that are a replacement, in kind, because of damage (such as fire damage or other natural disaster). Any additional square footage in excess of 300 new square feet will be subject to the fee (reference No. 2 above).
D. Accessory Dwelling Units (ADUs): Development projects considered to be Accessory Dwelling Units by the permitting agency and are less than 750 square feet.
E D. Structures Raised Above the Two-Hundred-Year 200-Year Floodplain Elevation: Development projects with structures raised above the two-hundred-year 200-year flood elevation as determined by the city Local Agencies or structures removed from the two-hundred-year 200-year floodplain by flood control improvements that meet the design standards applicable to the federal-state flood control system as determined by the city Local Agencies shall be exempt from payment.
F E. Open Space: Any development project that takes place on open space land.
G F. Public Agency Owned Land (including federal, state, and local agencies): Any development project located on land owned by a government agency and is to be used solely for public use.
G. “Other” land defined as follows: with written approval from the city manager, any or all portions of the proposed fees may be waived if it can be determined to the city manager that a proposed project will not derive permanent benefit from the improvements for which the fees are collected (i.e., it can be shown that the property does not benefit from the flood protection). Written fee waivers may be available on a case-by-case basis for certain temporary structures, such as a mobile temporary ATTACHMENT 6
structure used for construction management purposes. Any denial by the city manager of a requested exemption under this section may be appealed to a hearing officer by serving written notice on the city within fifteen calendar days of the city manager’s denial. Upon receipt of timely notice of appeal, the city shall have no more than thirty days to schedule an appeal hearing before a hearing officer. The city shall initially bear the cost of hearing officer but hearing officer shall have the authority to order reimbursement of costs if the appeal is determined by the hearing officer to be frivolous.
Section 13.50.070 SEVERABILITY. If any provision of this chapter or the application thereof to any entity or circumstance is held invalid, the remainder of the chapter and the application of such provision to other entities or circumstances shall not be affected thereby.
Section 13.50.080 FEE REVENUE ACCOUNTING. All proceeds of the Levee Fee imposed under this chapter shall be placed in a separate fund established by the City (the Flood Protection Improvement Fund). Separate and special accounts may be established in the Flood Protection Improvement Fund and used to account for collected revenues, along with any interest earnings. Except for temporary borrowing from one City fund to another, the revenue (and interest) shall be used only for the purposes for which the Flood Protection Improvement Fund was collected.