The definition of "Agricultural Mitigation Fee" includes all
development impact fees collected to offset the costs associated with
the loss of agricultural lands in new development as defined in this
chapter.
(Ord. 1304 § 1, 2005)
A.
In
order to implement the goals and objectives of the city's general
plan and to mitigate impacts caused by new development within the
city, an agricultural mitigation fee is necessary. This includes mitigating
the loss of productive agricultural lands converted for urban uses
within the city by permanently protecting agricultural lands planned
for agricultural use and by working with farmers who voluntarily wish
to place conservation easements on their land with fair compensation
for such easements. The city council finds this chapter is necessary
for the following reasons: (1) to benefit the local economy and provide
jobs; (2) San Joaquin County farmland is of highly productive quality;
(3) the city is surrounded by productive farmland on all sides; (4)
the continuation of agricultural operations preserves the existing
landscape, environmental and aesthetic resources of the area; (5)
the Manteca general plan sets forth policies to preserve productive
farmland, including the development of a program to secure permanent
agriculture on lands designated for agriculture in the city and/or
county general plan; (6) California is losing farmland at a rapid
rate; (7) loss of agricultural land is consistently determined to
be a significant impact under the California Environmental Quality
Act (CEQA) in development projects; (8) loss of farmland to development
is irreparable and agriculture is an important component of the regions
economy and rural community character; and (9) losing agricultural
land will have a cumulatively negative impact on air quality, traffic,
noise, public services demands, and aesthetics in the city and in
the county of San Joaquin. It is the policy of the city to work cooperatively
with San Joaquin County and its neighboring cities to preserve agricultural
land within or adjacent to the Manteca planning area and its adopted
sphere of influence, beyond that land deemed necessary for development.
It is further the policy of the city to protect and conserve agricultural
land in its vicinity.
B.
Title
7, Division 1, Chapter 5, Section 66000 et seq., of the California
Government Code provides that capital facilities fees may be enacted
and imposed on development projects. The city council finds and determines
that:
1.
New
development projects cause the loss of or conversion of agricultural
lands within or adjacent to the city of Manteca.
2.
The
health, safety, peace, morals, convenience, comfort, prosperity, and
general welfare of the residents and businesses within the city will
be enhanced by the adoption of an agricultural mitigation fee to preserve,
enhance, and mitigate for the conversion of productive agricultural
lands to urban and municipal uses.
(Ord. 1304 § 1, 2005)
The agricultural mitigation fee enacted pursuant to this chapter
is to be collected by the city before the issuance of building permits,
or at approval of any discretionary permit if no building permit is
required.
(Ord. 1304 § 1, 2005)
This chapter is adopted under the authority of the Mitigation
Fee Act, Title 7, Division 1, Chapter 5 of the California Government
Code, Sections 66000 et seq.
(Ord. 1304 § 1, 2005)
The following words or phrases, when used in this chapter and
in resolutions adopted pursuant thereto, shall have the following
meanings:
for the purposes of this chapter means those land areas upon
which agricultural activities, uses, operations or facilities exist
or could exist at the time of adoption of the ordinance codified in
this chapter that contain Class I, II, III or IV soils as defined
by the United States Department of Agriculture Natural Resource Conservation
Service.
means agricultural land encumbered by a farmland deed restriction,
a farmland conservation easement or such other conservation mechanism
acceptable to the city.
means normal and customary farming and agricultural activities
which may occur during any twenty-four-hour period of the day. Normal
and customary farming and agricultural activities include, but are
not limited to, the cultivation and tillage of the soil, the productions
irrigation, cultivation, growing, harvesting, and processing of any
agricultural commodity for wholesale or retail markets, including
viticulture, horticulture, the keeping and raising of livestock, fur
bearing animals, fish or poultry, and any commercial agricultural
practices performed as incident to or in conjunction with such activities
including preparation for market, delivery to storage or to market,
or to carriers for transportation to market.
means an easement over agricultural land for the purpose
of restricting its use to agriculture. The interest granted pursuant
to a farmland conservation easement is an interest in land which is
less than fee simple. Farmland conservation easements should be permanent.
However, mitigation funds should be available to fund term easements
at minimum lengths to be determined by a new local land trust subject
to the approval of the city.
means a recorded deed restriction, covenant or condition
which precludes the use of the agricultural land subject to the restriction
for any nonagricultural purposes use, operation or activity. The deed
restriction shall provide that the land subject to the restriction
will permanently remain agricultural land unless specified as a term
easement as mentioned in this section.
means the agricultural mitigation fee report, as prepared
in conformity with the Mitigation Fee Act, as may be amended from
time-to-time.
means a nonprofit public benefit 501(c)3 corporation operating
in San Joaquin County for the purpose of conserving and protecting
land in its natural, rural or agricultural condition. The following
entities currently are qualifying entities: Central Valley Farmland
Trust. Other entities may be approved by the city council from time-to-time.
(Ord. 1304 § 1, 2005)
A.
The
adoption of the agricultural mitigation fee is a legislative act and
shall be enacted by resolution after a noticed public hearing before
the city council. Pursuant to the Mitigation Fee Act, the city shall
calculate the amount of the fee in an implementing resolution. The
implementing resolution shall identify the findings required by the
Mitigation Fee Act, including:
1.
The
purpose and use of the fee, including a description of the specified
public facilities to be provided.
2.
The
geographical area of the development projects subject to the fee.
3.
The
type of development project to be developed within the identified
geographical area.
4.
The
estimated reasonable cost of providing the specified farmland conservation
easement or farmland deed restriction for which the fee is imposed.
5.
The
reasonable relationship between the fee's use and the type of development
project on which the fee is imposed.
6.
The
reasonable relationship between the need for the specified farmland
conservation easement or farmland deed restriction and the type of
development project within the specified geographical area.
7.
The
reasonable relationship between the amount of the fee and the cost
of the specified farmland conservation easement or farmland deed restriction
attributable to the development project on which the fee is imposed
as documented in the nexus report.
B.
Upon
receipt of funds from the city derived through this chapter, the city
shall deposit, invest, account for, and expend the funds pursuant
to California Government Code Section 66006.
(Ord. 1304 § 1, 2005)
A.
The
city shall report to the city council once each fiscal year concerning
the fees and accounts, including any portions of fees remaining unexpended
or uncommitted five or more years after deposit. The city council
shall make findings once each fiscal year with respect to any portion
of the fee remaining unexpended or uncommitted in its account five
or more years after deposit of the fee, to identify the purpose to
which the fee is put, and to demonstrate a reasonable relationship
between the fee and the purpose for which it was charged.
B.
A refund
of unexpended or uncommitted fee revenue for which a need cannot be
demonstrated, along with accrued interest may be made to the current
owner(s) of the development project(s) by the city on a prorated basis.
The city may refund unexpended and uncommitted fee revenue that has
been found by the city council to be no longer needed, by direct payment
or by offsetting other obligations owed to the city by the current
owner(s) of the development project(s).
C.
If
the administrative costs of refunding unexpended and uncommitted revenues
collected pursuant to this chapter exceed the amount to be refunded,
city, after a public hearing, for which notice has been published
pursuant to Government Code Section 6061 and posted in three prominent
places within the area of the development project, may determine that
the revenues shall be allocated for some other purpose for which the
fee is collected subject to this chapter that serves the project on
which the fee was originally imposed.
(Ord. 1304 § 1, 2005)
A.
Prior
to the issuance of any building permit, the applicant shall pay to
the city the fee as established by resolution of the city council.
B.
The
fee shall be determined by the fee schedule in effect on the date
the vesting tentative map or vesting parcel map application is deemed
complete, or the date a permit is issued.
C.
If
a development contains multiple types of uses, the fee will be collected
proportionately on each use.
D.
When
application is made for a new building permit following the expiration
of a previously issued building permit for which the fee was paid,
the fee payment shall not be required, unless the fee schedule has
been amended during the interim, and in this event the appropriate
increase or decrease shall be imposed.
E.
In
the event that subsequent development occurs with respect to property
for which the fee has been paid, an additional fee shall be required
only for additional square footage of development that was not included
in computing the prior fee.
F.
When
a fee is paid for a development project and that project is subsequently
reduced so that it is entitled to a lower fee, the city shall issue
a partial refund of the fee.
G.
When
a fee is paid for a development project and the project is subsequently
abandoned without any further action beyond the obtaining of a building
permit the payor shall be entitled to a refund from the city of the
fee paid, less the administrative portion of the fee.
H.
If,
following payment of the fee, a development is converted to a more
intense use; a fee shall be required which shall be the difference
between the fee paid and the current fee for the more intense use.
(Ord. 1304 § 1, 2005)
A.
The
city shall hold fee revenues collected under this ordinance in a separate
account.
B.
The
city shall account for all fee revenues, including interest accrued,
and allocate them for the purposes for which the original fee was
imposed.
(Ord. 1304 § 1, 2005)
No fee may be applied to building permits obtained solely for
purposes of reconstruction of any residential, commercial or industrial
structure that is damaged or destroyed as a result of a natural disaster
as declared by the governor.
(Ord. 1304 § 1, 2005)
A.
The
agricultural mitigation fee schedule established by resolution of
the city council shall annually be automatically adjusted by an amount
determined by the increase in the Engineering Construction Cost Index
for the previous year, as published by the engineering news record.
B.
The
agricultural mitigation fee schedule adopted by the city council shall
be annually reviewed by the city for consistency with the nexus report,
as it may be updated from time-to-time.
(Ord. 1304 § 1, 2005)
This chapter and any subsequent amendment to the agricultural
mitigation fee shall be read together. With respect to any agricultural
mitigation fee enacted by resolution under this chapter, any provision
of such fee that is in conflict with this chapter shall be void.
(Ord. 1304 § 1, 2005)
A developer of any project subject to the fee described in this
chapter may apply to the city council for adjustment to that fee,
based upon the absence of any reasonable relationship or nexus between
the impacts of the development and either the amount of the fee charged
or the type of facilities to be financed. The application shall be
made in writing and filed with the city clerk either (1) ten days
prior to the public hearing on the development permit application
for the project, or (2) if no development permit is required, at the
time of the filing of the request for a building permit. The application
shall state in detail the factual basis for the claim for adjustment.
The city council shall consider the application at a public hearing
held within sixty days after the filing of the fee adjustment application.
The decision of the city council shall be final. If an adjustment
is granted, any change in the proposed use of the applicable development
project prior to issuance of a certificate of occupancy shall invalidate
the adjustment of the fee and payment of the fee shall be made prior
to issuance of certificate of occupancy.
(Ord. 1304 § 1, 2005)
