In order to implement the goals and objectives of the San Joaquin
County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP),
and to mitigate the cumulative impacts of new development on undeveloped
lands within the city and in the county, the 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 non-wildlife related impacts to recreation, agriculture,
scenic values and other beneficial open space uses.
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 sixty
percent of total SJMSCP costs with the exception of vernal pool conversions
that will pay one hundred percent of total SJMSCP costs. While those
undertaking new development pursuant to the SIJ-MSCP may opt to dedicate
lands consistent with the SJMSCP preserve designs or to purchase credits
from mitigation banks, most of the sixty percent contribution to the
SJMSCP costs from new development will be in the form of development
fees.
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 monies 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. 1197 § 1, 2001)
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 use(s) described in the resolution establishing
the fee which shall include the following:
A. To
pay for acquisition of preserve lands (and associated transaction
costs);
B. To
pay for monitoring and restoration and/or enhancement of preserve
lands;
C. To
pay for endowment for long-term management of preserve lands; and
D. To
pay for initial and on-going administration of the SJMSCP.
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 of Manteca 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. 1197 § 1, 2001)