Unless otherwise specifically described in this chapter, all provisions of Chapters 13.20, 13.21 and 13.22 of this title shall apply to Agricultural Mitigation Fee. 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 herein. The provisions of all other chapters of this title shall not apply to the Agricultural Mitigation Fee.
(Ord. 05-248 § 1)
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 Lathrop 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 region's 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 Lathrop 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 maybe 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 Lathrop.
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. 05-248 § 1)
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. 05-248 § 1)
This chapter is adopted under the authority of the Mitigation Fee Act, Title 7, Division 1, Chapter 5 of the California Government Code, Section 66000 et seq.
(Ord. 05-248 § 1)
The following words or phrases when used in this chapter and in resolutions adopted pursuant thereto, shall have the following meanings:
"Agricultural land or farmland"
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.
"Agricultural mitigation land"
means agricultural land encumbered by a farmland deed restriction, a farmland conservation easement or such other conservation mechanism acceptable to the city.
"Agricultural operation"
means normal and customary farming and agricultural activities which may occur during any 24 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 production, 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.
"Farmland conservation easement"
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.
"Farmland deed restriction"
means a recorded deed restriction, covenant or condition which precludes the use of the agricultural land subject to the restriction for any nonagricultural purpose, 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.
"Nexus Report"
means the Agricultural Mitigation Fee report, as prepared in conformity with the Mitigation Fee Act, as may be amended from time to time.
"Qualifying entity"
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. 05-248 § 1)
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. 05-248 § 1)
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 off-setting 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, the 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. 05-248 § 1)
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. 05-248 § 1)
A. 
The city shall hold fee revenues collected under this chapter 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. 05-248 § 1)
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. 05-248 § 1)
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 Consumer Price Index for all Urban Consumers, San Francisco-Oakland-San Jose area ("CPI") for the previous year, as published by the U.S. Department of Labor and Bureau of Labor Statistics.
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. 05-248 § 1; Ord. 15-345 § 1)
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. 05-248 § 1)
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) 10 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 60 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. 05-248 § 1)