Chapter 15.50
SAN JOAQUIN COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN
Sections:
15.50.020 SJMSCP development fee.
15.50.010 Purpose and intent.
A. The purpose of this chapter is to implement the goal and policies of the conservation and open space element of Escalon’s general plan. The goal of this important aspect of the quality of life afforded to Escalon is “to insure that the future growth of Escalon occurs in a manner which minimizes adverse impacts on the city’s open space and natural resources.” This chapter represents Escalon’s commitment towards carrying out a facet of this goal.
B. Accordingly, this chapter implements Escalon’s commitment towards protecting natural resources of our region. This chapter directly implements two conservation and open space element policies:
1. Policy 3.210 mandates that the city “conserve, to the greatest feasible extent, the city’s existing natural resources, with particular emphasis on air and water quality, open space, farmland, wildlife and habitat preservation”; and
2. Policy 3.230 requires the city to “maximize farmland open space and wildlife habitat preservation on lands outside of the city by establishing a greenbelt including all lands not designated for future annexation on the general plan land use diagram.”
C. Implementing these policies is Implementation Measure 3.360 which requires that the city “designate a sufficient amount of suitable foraging area, connected to regional migratory corridors, as open space for preservation of natural resources for the purpose of conserving Swainson’s hawk habitat.” Thus, Escalon recognizes the importance of regional habitat protection and the need for cooperation within San Joaquin County. Consistent with this recognition is the city’s adoption of the San Joaquin County multiple species habitat conservation and open space plan.
D. The intent of this chapter is to implement the measures of the San Joaquin County multiple species habitat conservation and open space plan. This plan sets standards and measures to mitigate the cumulative impacts of new development on undeveloped lands within the city and in San Joaquin County. T he establishment of preserve lands will be necessary to compensate for impacts to threatened, endangered, rare and unlisted SJMSCP-covered species and other wildlife, and compensation for some nonwildlife-related impacts to recreation, agriculture, scenic values and other beneficial open space uses.
E. In accordance with Sections 7.3, 7.4.1, 7.4.1.1, 7.4.1.3 and 7.4.1.4 of the SJMSCP, new development will pay approximately 60 percent of total SJMSCP costs with the exception of vernal pool conversions that will pay 100 percent of total SJMSCP costs. While those undertaking new development pursuant to the SJMSCP may opt to dedicate lands consistent with the SJMSCP preserve designs or to purchase credits from mitigation banks, most of the 60 percent contribution to the SJMSCP costs from new development will be in the form of development fees.
F. The city council is required to establish a fee ordinance in accordance to Section 5.1.1(b) of the SJMSCP Implementation Agreement for the purpose of collecting fee moneys to finance the SJMSCP. In establishing the fee described in the following sections, the city council has found the fee to be consistent with the SJMSCP funding plan as provided in Chapter 7 of the SJMSCP. (Ord. 459 § 1, 2001)
15.50.020 SJMSCP development fee.
A. Establishment of Fee. The SJMSCP development fee (hereinafter “the fee”) is hereby established for new development pursuant to the SJMSCP in the city to pay for preserve lands to mitigate the cumulative impacts related to new development, including but not limited to acquisition, enhancement, restoration, maintenance, and/or operation of habitat/open space conservation lands. The fee shall not be collected until the city, in a council resolution:
1. Sets forth purpose of the fee;
2. Identifies the specific use(s) to be financed;
3. Describes how there is a reasonable relationship between the fee’s use and the type of development project;
4. Determines how there is a reasonable relationship between the need for use(s) and type(s) of development project(s);
5. Determines the amount of the fee and how there is a reasonable relationship between the amount of the fee and the cost of the preserve lands or portion thereof attributable to the development; and
6. Establishes a separate development fee account into which the fees shall be placed, provides for the appropriation of the fees, and references the proposed transfer of fees to SJCOG, Inc. (a.k.a. JPA as per the SJMSCP).
B. Annual Adjustment. Any fee established pursuant to a resolution under this chapter shall be adjusted each January by an amount based upon the California Construction Cost Index (CCCI) as calculated by the State of California’s Real Estate Services Division Cost Control Unit and/or in conformance with Section 7.5.2.2. of the SJMSCP, and as approved by SJCOG, Inc.
The proposed fee adjustments shall be adopted by the Escalon city council before October 31st of each year. All fee adjustments shall be effective on January 1st of the following year.
C. Interest. All fees collected pursuant to this chapter shall earn interest while in possession of the city. The interest earned shall be credited to the account in which the fee was deposited and shall be retained by the city until transferred to SJCOG, Inc., account.
D. Payment of Fees. All fees to be collected under this chapter shall be collected in accordance to Chapter 5.3.2.3 of the SJMSCP.
E. Use of Fee. The chief financial officer of SJCOG, Inc., shall make findings once each fiscal year with respect to any portion of any moneys, excluding letters of credit or other security instruments, that is remaining unexpended or uncommitted in the SJCOG, Inc., account for five or more years after deposit of the fee, to identify the purpose to which the fee is to be put, and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. (Ord. 459 § 1, 2001)
15.50.030 Use of fees.
A. The fees shall be placed in separate fee account to avoid commingling of the fees with other funds of the city. The fees may be temporarily invested. Such fees, along with any interest earnings, shall be used solely to pay for those uses described in the resolution establishing the fee which shall include the following:
1. To pay for acquisition of preserve lands (and associated transaction costs);
2. To pay for monitoring and restoration and/or enhancement of preserve lands;
3. To pay for endowment for long-term management of preserve lands; and
4. To pay for initial and on-going administration of the SJMSCP.
B. No less frequently than quarterly, and pursuant to Section 5.1.1(d) of the Implementation Agreement, the city shall transfer the funds in the city SJMSCP Development Fee Account to SJCOG, Inc. All proceeds in the SJCOG, Inc., account not immediately necessary for expenditure shall be invested in an interest bearing account. (Ord. 459 § 1, 2001)