RESOLUTION R2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, adopting the 2023 San Joaquin County Multi-species habitat conservation plan DEVELOPMENT fee WHEREAS, the City of Manteca General Plan Resource Conservation Element Implementation Measure RC-I-32 is to, “Continue to support and comply with the requirements of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) when reviewing proposed public and private land use changes”; and WHEREAS, the City Council of the City of Manteca adopted Municipal Code Chapter 13.40, Development Fees for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), establishing the authority for collection of a Development Fee for the SJMSCP for all new developments pursuant to the SJMSCP within the City of Manteca; 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 land acquisition, preservation, enhancement, management, and related administrative activities that compensate for such lands lost as a result of future development in the City of Manteca and in San Joaquin County; and WHEREAS, after considering the Fee Study and the testimony received at the public hearing, the Manteca City Council approved said report; and further found that the future development in the City of Manteca 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; and WHEREAS, the 2023 SJMSCP Development Fees will be as shown in the following table:
2023 SJMSCP Development Fees
Habitat Type
Fee Per Acre
Open Space
$9,629
AG/Natural
$19,255
Vernal Pool (uplands)
$75,320
Vernal Pool (wetted)
$176,878
WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments are made to the fees based on the method previously adopted by the Manteca City Council; and WHEREAS, the method of annual adjustments was modified in 2011, 2016 and again in 2020; and WHEREAS, the 2020 adjustment resulted in a minor change to category “A” with an adjustment to the easement to fee title percentage used in the fee model, and a minor change to category “C” with pivoting to a more robust diversified endowment investment for higher return on investment; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City 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 City Council’s adoption of this Resolution.
2. 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 Municipal Code Chapter 13.40, San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) and remain valid, and the City Council therefore adopts such determinations.
3. The annual fee update to the SJMSCP is exempt from environmental review pursuant to Section 15061(b)(3) of the California Code of Regulations, CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the annual SJMSCP fee update may have a significant effect on the environment.
4. The 2023 Development Fee shall be as set forth in the following table and will be effective January 1, 2023 – December 31, 2023. 2023 SJMSCP Development Fees
Habitat Type
Category A
Category B
Category C
Total Fee
Rounded Fee
Open Space
$6,358.00
$2,885.00
$385.55
$9,628.55
$9,629
AG/Natural
$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
$176,878
5. This Resolution shall take effect immediately upon its adoption.
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 4th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _____________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA TILTON
City Clerk
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