Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE SJAFCA MOSSDALE TRACT AREA REGIONAL FLOOD PROTECTION DEVELOPMENT NEXUS STUDY UPDATE, IMPACT FEE UPDATE, AND COLLECTION AGREEMENT AMENDMENT The Mitigation Fee Act (the “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 Section 66016.5(a) of the Act requires that prior to adopting a development impact fee, a local agency must adopt an impact fee nexus study that establishes the connection between the proposed fee and the actual impacts of development on the local public infrastructure and facilities; and The Central Valley Flood Protection Act of 2008 and Department of Water Resources (“DWR”) standards require that all cities and counties within the Sacramento-San Joaquin Valley make findings related to a 200-year Urban Level of Flood Protection (“ULOP”) or the national Federal Emergency Management Agency (“FEMA”) standard of flood protection before making certain land use approvals; and In January of 2018 the City of Stockton (“City”), the San Joaquin County Flood Control and Water Conservation District (“SJCFCWCD”), the City of Manteca, the City of Lathrop, and the County of San Joaquin executed an Amended and Restated Joint Exercise of Powers Agreement to reform the San Joaquin Area Flood Control Agency (“SJAFCA”), with a common goal of reducing flood risk in the Mossdale Tract Area (“Mossdale Tract”); and In 2018 SJAFCA, on behalf of its member agencies, approved a nexus study and Regional Levee Fee Program to fund 200-year flood protection improvements for Mossdale Tract; however, several key factors affecting the fee calculations have changed in the intervening years, necessitating an update to the Regional Levee Fee Program; and SJAFCA has prepared the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Update Nexus Study (“Nexus Study”), attached hereto as Exhibit 1, which incorporates updated costs, funding approaches, and development projections; and In accordance with section 66016.5(a)(7) of the Act, notice was published in The Record on October 7, 2022, in accordance with the 10-day notification requirements of providing the time and place for a public hearing of the Stockton Council to consider and adopt the Nexus Study; and fee adoption; and A public hearing was held on October 18, 2022 at a regularly scheduled meeting of the Stockton City Council (the “Council”) to hear and consider the Nexus Study and its findings, as presented by SJAFCA staff and consultants, and any written and oral presentations from interested members of the public regarding the Nexus Study and the proposed development impact fee; and The Nexus Study identifies the existing level of service and states that the existing levees protecting the Mossdale Tract do not meet state Urban Levee Design Criteria (“ULDC”) standards adopted by DWR in May 2012, and are not currently certified to provide 200-year ULOP; and The Nexus Study finds the development impact fee will fund levee improvements that meet state 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 developers and local agencies to support early implementation of the improvements; and The Nexus Study includes appropriate findings that a fee charged on a gross developable acreage basis bears a reasonable relationship between the fee being charged and the burden posed by the development, and that fees charged on housing developments need not be calculated on a square footage basis, consistent with the requirements of section 66016.5(a) of the Act; and SJAFCA has requested that the County of San Joaquin and the cities of Lathrop, Stockton, and Manteca enter into an amended agreement to collect the proposed development impact fees as a condition of issuing building permits for new development in the Mossdale Tract within each party’s respective land use authority, and provide those funds to SJAFCA; and SJAFCA has prepared an Amended Collection Agreement for Collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (“Collection Agreement”), attached hereto as Exhibit 2, for the County and the cities of Lathrop, Stockton, and Manteca to execute; and The Mitigation Fee Act (the “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 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 Section 6602(a) of the Act, notice was published in The Record on October 7, 2022, providing 10 days’ notification of the time and place for a public hearing to consider and adopt the Regional ULOP Development Impact Fee; and A public hearing was held on October 18, 2022 at a regularly scheduled meeting of the Stockton City Council (the “Council”) to hear and consider the adoption of the updated Regional ULOP Development Impact Fee; and The updated development impact fee will fund levee improvements that meet 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 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 CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
The City Council finds and declares that the purposes and uses of the updated Development Impact Fee, based on an updated “Nexus Study” prepared by SJAFCA (Exhibit 1, incorporated by this reference), the determination of the reasonable relationship between the fees’ uses and the type of development project on which the fees are imposed, are valid and adopted as set forth herein.
The City Council approves the amendments to the Agreement for Collection (Exhibit 2, incorporated by this reference) which specifies the framework for the method of collection of the Mossdale Flood Protection Impact Fee and specifies that a 3% administration portion of the fee would be retained by the City of Stockton to cover staff administrative costs.
The 2022 Flood Impact Fee rates shall be as set forth in the following table:
Proposed 2022 Mossdale Flood Protection Impact Fees
LAND USE
PROPOSED REGIONAL
FEE RATES (PER GROSS DEVELOPABLE ACRE)
Single Family Residential
$22,106
Multi-family Residential
$20,686
Commercial
$20,916
Industrial
$16,384
The Fiscal Year 2022-23 Fee Schedule is hereby amended to include the updated Mossdale Flood Protection Impact Fee rates for single family residential, multi-family residential, commercial and industrial. The administration fee of 3% is incorporated into the above fees and will be part of the said fee schedule (Exhibit 3, incorporated by this reference).
The Fee provided in this resolution shall be effective sixty (60) days after the adoption of this resolution pursuant to California Government Code section 66017(a). //
The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
PASSED, APPROVED, and ADOPTED October 18, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA M. GARZA, CMC
City Clerk of the City of Stockton