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 of Lathrop and in San Joaquin 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 60% of total SJMSCP costs with the exception of vernal pool conversions that will pay 100% 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% contribution to the SJMSCP costs from new development will be in the form of the development fees. This ordinance is adopted to effectuate the purposes of the SJMSCP for development within the city of Lathrop. 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. 01-194 § 1)
A. 
Establishment of Fees. The SJMSCP Development Fee (hereinafter "the fee") is established for new development pursuant to the SJMSCP in the city of Lathrop 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 be established by a council resolution that:
1. 
Sets forth purpose of the fee;
2. 
Identifies the specific use(s) to be financed ;
3. 
Describe how there is a reasonable relationship between the fee's use and the type of development project;
4. 
Determines how there is 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.
C. 
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. 01-194 § 2)
The fees shall be placed in separate fee account to avoid commingling of the fees with other funds of the city of Lathrop. 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 of Lathrop shall transfer the funds in the city of Lathrop SJMSCP development fee account to SJCOG, Inc.
(Ord. 01-194 § 3)
This chapter is not intended to and shall not be constructed or given effect in a manner that imposes upon the city, or any officer or employee thereof, a mandatory duty of care towards persons or property within the city or outside of the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Ord. 01-194 § 4)