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RESOLUTION APPROVING AN AMENDMENT TO THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE SCHEDULE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a Resolution amending the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fee Schedule. Findings for the above-recommended action are incorporated into the Resolution.
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Summary
The City Council is asked to consider an amendment to the San Joaquin Multi-Species Habitat Conservation and Open Space Plan (“Plan”). The Plan is voluntary and is available to the development community as an option to meet their habitat mitigation obligations without having each development project negotiate individual mitigation measures with various federal and state environmental protection agencies.
In December 2014, the City Council considered and approved an annual update to the Habitat Fee that represented a 9.4% increase from the prior year. SJCOG, Inc. is now proposing an increase to the 2016 Habitat Fee of 7.24% due primarily to an increase in the cost of agricultural land. There is no direct financial impact to the City of Stockton, as this Development Fee is collected directly by SJCOG, Inc.
DISCUSSION
Background
On February 20, 2001, the Stockton City Council adopted three Resolutions as follows:
1. Resolution No. 01-0099 -- Certifying the Final Environmental Impact Report/Environmental Impact Statement (Final EIR/EIS), adopting the related California Environmental Quality Act (CEQA) Findings and Mitigation Reporting/Monitoring Program, and adopting the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan;
2. Resolution No. 01-0100 -- Adopting the Implementation Agreement of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan authorizing the filing of the related Federal Endangered Species Act Section 10(a)(1)(B) Incidental Take Permit application with the U.S. Fish and Wildlife Service; and
3. Resolution No. 01-0101 -- Approving amendments to the Joint Powers Agreement with the SJCOG, Inc. authorizing SJCOG, Inc. to assume responsibilities specified in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan.
Applicants that participate under the Plan benefit from a pre-determined streamlined process. By participating in the Plan, the applicant may choose from a menu of options to mitigate impacts:
1. Pay a Development Fee;
2. Redesign the project to avoid/minimize impacts;
3. Provide land in lieu of the Development Fee; or
4. Any combination of the above options.
Alternatively, a project can choose not to participate in the Plan and fulfill mitigation requirements on its own with the respective permitting agencies.
Development fees for individual projects (e.g. house on a single parcel) are adjusted to ensure that the per acre fee as established by SJCOG, Inc. is collected for the entire (gross) project area. For example, a house built on a parcel within a large subdivision relies on additional land to support the residential use (e.g. road in front of the house). The adjusted development fee includes this supporting land so that all of the acreage is accounted for within a given project area, and the appropriate Plan fee is paid.
On December 15, 2009, the City Council adopted Resolution Number 09-409, which authorized an amendment to the Public Facility Fee Program’s Administrative Guidelines to establish SJCOG, Inc. as the entity responsible for collection of the Development Fee. Each year, SJCOG, Inc. uses comparable agricultural land sales within San Joaquin County that meet certain criteria adopted by the Board. Easement acquisition costs are a primary consideration, as are comparable land sale costs. As shown in Table 1 below, Plan fees can be quite different from year to year. The volatility and fluctuation of the Plan fees is primarily a result of the land acquisition component. Whether the volatility has resulted from the agricultural commodity market, speculation, or availability of land for sale in a given year, the effect has been that the Plan fees have significantly fluctuated up and down over the past several years, as described in the following table:
Table 1 - Plan Fees 2011-2015
|
TYPE/YEAR |
2011 |
2012 |
2013 |
2014 |
2015 |
|
Open Space |
$6,631 |
$7,195 |
$6,364 |
$6,656 |
$7,281 |
|
AG/Natural |
$13,262 |
$14,372 |
$12,711 |
$13,295 |
$14,543 |
|
Vernal Pool (Upland) |
$38,328 |
$41,534 |
$37,087 |
$39,047 |
$42,784 |
|
Vernal Pool (Wetted) |
$77,720 |
$89,989 |
$78,311 |
$80,972 |
$85,631 |
Present Situation
On September 24, 2015, the SJCOG, Inc. Board approved the proposed 2016 Development Fee increase based on an updated financial analysis model approved by the San Joaquin Council of Governments, Inc. Board of Directors. The most recent financial analysis is contained in Tables A-D (Attachment A - 2016 Fee Study Property List). The model concluded that the cost of acquiring habitat had increased and warranted an increase in the fee. The Habitat Fee must be adopted by each local jurisdiction to take effect in that community.
The proposed 2016 Development Fee is shown in Table 2 below and represents an increase of approximately 7.24% from 2015 (Table 3) depending on habitat type. The proposed fee increase is due primarily to a rise in the cost of agricultural land (Attachment B - SJMSCP Fee Evaluation Spreadsheet).
Table 2 - Proposed 2016 SJMSCP Development Fees
|
Habitat Type |
Category A |
Category B |
Category C |
Total Fee |
Rounded Fee |
|
Open Space |
$5,206.81 |
$1,651.07 |
$949.55 |
$7,807.42 |
$7,807 |
|
AG/Natural |
$10,413.61 |
$3,302.13 |
$1,880.37 |
$15,596.11 |
$15,596 |
|
Vernal Pool (grasslands) |
$39,415.32 |
$621.84 |
$6,831.53 |
$46,868.70 |
$46,869 |
|
Vernal Pool (wetted) |
$39,415.32 |
$44,025.87 |
$6,831.53 |
$90,272.73 |
$90,273 |
Table 3 - 2015 SJMSCP Development Fees
|
Habitat Type |
Category A |
Category B |
Category C |
Total Fee |
Rounded Fee |
|
Open Space |
$4,713.60 |
$1,629.88 |
$937.36 |
$7,280.85 |
$7,281 |
|
AG/Natural |
$9,427.21 |
$3,259.76 |
$1,856.24 |
$14,543.20 |
$14,543 |
|
Vernal Pool (grasslands) |
$35,426.16 |
$613.86 |
$6,743.86 |
$42,783.89 |
$42,784 |
|
Vernal Pool (wetted) |
$35,426.16 |
$43,460.88 |
$6,743.86 |
$85,630.91 |
$85,631 |
Please note that the City has adopted a public facility fee reduction program and fee deferral program for specified fees within the City’s control. However, fees such as this Development Fee are not subject to the reduction and deferral programs as they are promulgated by SJCOG, Inc. and therefore, outside of the City’s control.
PUBLIC NOTICE
A Public Notice of this hearing was published in The Record on October 23, 2015.
FINANCIAL SUMMARY
There is no direct financial impact to the City of Stockton, as this Development Fee is collected directly by SJCOG, Inc.
Attachment A - 2016 Fee Study Property List
Attachment B - SJMSCP Fee Evaluation Spreadsheet