Legislation Details

File #: 2026-00162    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 12/9/2025 In control: City Council - 5PM
On agenda: 2/24/2026 Final action:
Title: Natomas Basin Habitat Conservation Plan (HCP) Fee - 2026 Adjustment [Published 02/13/2026; 02/19/2026]
Attachments: 1. 2026-00162 Natomas Basin Habitat Conservation Plan (HCP) Fee - 2026 Adjustment [Published 02/13/2026; 02/19/2026], 2. 2026-00162 AMENDMENT MATERIAL Natomas Basin Habitat Conservation Plan (HCP) Fee - 2026 Adjustment [Published 02/13/2026; 02/19/2026] [Updated 02/20/2026 @ 12:00 PM]
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title

Natomas Basin Habitat Conservation Plan (HCP) Fee - 2026 Adjustment [Published  02/13/2026; 02/19/2026]

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FileID

File ID: 2026-00162

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Location

Location: Natomas Basin, District 1 and 3

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Recommendation

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the amount of the Natomas Basin Habitat Conservation Plan (HCP) fee, to be effective in 60 days.

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Contact

Contact: Cheryle Hodge, Principal Planner, (916) 808-5971, chodge@cityofsacramento.org; Matthew Aijala, Associate Planner, (916) 808-7176, maijala@cityofsacramento.org; Community Development Department

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Presenter

Presenter: Matthew Aijala, Associate Planner, (916) 808-7176, maijala@cityofsacramento.org, Community Development Department

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Attachments

Attachments:

1-Description/Analysis

2-Resolution to Adjust the Habitat Conservation Fee

3-TNBC Board of Directors HCP Fee Resolution

4-TNBC NBHCP 2026 Finance Model

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Description/Analysis

IssueDetail

Issue Detail: On December 3, 2025, The Natomas Basin Conservancy (TNBC) Board of Directors recommended that the City of Sacramento increase the Natomas Basin Habitat Conservation Plan (NBHCP) fee due to increases in annual administration and operations and maintenance costs.

 

Developers of land covered by the NBHCP within North and South Natomas currently pay an HCP fee of $47,031 per gross acre of development ($33,281 per acre with land dedication). The Conservancy economic consultant - Economic & Planning Systems (EPS) - completed an update of the HCP Finance Model based on actual costs, as well as estimated costs, that indicates a necessity to adjust fees in order to successfully implement the HCP. Under the terms of the 2003 NBHCP Implementation Agreement between the City and the state and federal wildlife agencies, the City agreed to have its NBHCP “Plan Operator” (Conservancy) update the HCP Finance Model annually for the life of the HCP.

 

The HCP Fee revenue pays for the land acquisition, restoration and enhancement, administration and operations and maintenance, operations and maintenance endowment, and supplemental endowment funds associated with implementing the HCP and mitigating impacts of urban development on the species covered under the NBHCP. Based on the Finance Model update and the judgment of the Conservancy Board, the City Council is requested to approve an increase of $536 for the HCP fee that does not have land dedication and an increase of $536 to the HCP with land dedication, resulting in a 2026 fee of $47,567 per gross acre of development ($33,817 with land dedication). There is no obligation of the General Fund associated with this requested fee adjustment.

 

 

2022 Fee

2023 Fee

2024 Fee

2025 Fee

2026 Fee

Full Fee (no land dedication)

$43,968

$45,565

$46,009

$47,031

$47,567

Fee with Land Dedication

$27,718

$29,815

$32,259

$33,281

$33,817

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PolicyConsiderations

Policy Considerations: The 2003 NBHCP was approved by City Council on May 13, 2003, the federal Incidental Take Permit (ITP) was issued by U.S. Fish and Wildlife Service on June 27, 2003, and the amended state ITP was issued by California Department of Fish and Game on July 10, 2003. On an annual basis, the City considers a fee adjustment to ensure adequacy of the funding to implement the 2003 NBHCP and comply with the ITP and the related Implementation Agreement.

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EconomicImpacts

Economic Impacts: Not applicable.

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EnvironmentalConsiderations

Environmental Considerations:

California Environmental Quality Act (CEQA): The City Council’s action in approving this resolution is solely for the purpose of establishing an adequate Habitat Conservation Plan (HCP) fee to be used to implement the HCP and is therefore not a project for the purpose of the CEQA pursuant to Guidelines section 15378(b)(4).  Previous environmental review has been conducted related to the North Natomas Community Plan, the 2003 NBHCP Final Environmental Impact Report, and the Comprehensive Drainage Plan, among others.

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Sustainability

Sustainability: Periodic review and adjustment of the HCP fee is consistent with and supportive of the sustainable practice of preservation of prime farmland and critical habitat resources.

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Commission/Committee Action

Commission/Committee Action: The Conservancy Board of Directors reviewed the proposed fees on December 3, 2025 and recommended an increase be made to the NBHCP fee. Their adopted resolution is included as Attachment 3.

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RationaleforRecommendation

Rationale for Recommendation: The HCP fees are adjusted annually, prior to the commencement of the grading season (May 1). The Conservancy recommends an increase to the current fee to maintain adequate funding to implement the HCP and mitigate impacts of urban development on the species covered by it. (See Attachment 3 - the Conservancy resolution to increase the HCP fee 2026 rate.)

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FinancialConsiderations

Financial Considerations: There is no obligation of the General Fund associated with this requested fee adjustment.

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LocalBusinessEnterprise

Local Business Enterprise (LBE): Not applicable.

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Background

Background:

History of the NBHCP Fee

 

On August 7, 1997, the City Council added Chapter 84.10 to Title 84 (currently Chapter 18.40 of Title 18) of the City Code, which created and established the authority for the NBHCP fee to fund the costs of implementing the NBHCP (Ord. No. 97-046). Chapter 18.40 directs the City Council, by resolution, to set the amount of the fee. The chapter also contemplates the periodic revision of the fee by resolution of the Council.

 

The history of the NBHCP fee rate is shown in the graphics and table below.  As shown, it increased dramatically following the approval of the 2003 NBHCP and the years immediately following.  This increase was due to the enhanced mitigation necessitated by ligation and set forth in the 2003 revised NBHCP, as well as a continued and sustained increase in land prices.  The fee is adjusted when required and has only been adjusted seven times since 2014 after four years of annual decreases.  In 2017, there was a decrease of $659 in the fee largely due to an increase in estimated crop land lease revenue per acre used to offset the Administration and Operation and Maintenance Costs.  In 2018, there was an increase in the fee of $1,491 which reflected the change in the estimated annual Endowment fund management fees paid by the Conservancy.  The most recent adjustment in 2025 amounted to an increase of $1,022 which was largely attributable to increases in administration, operations, and maintenance costs in addition to an increase in costs associated with mitigation land restoration and enhancement.

 

Graphic - Fee History 2005 through 2026

 

 

History of NBHCP Fees

 

Date

HCP Fee / Gross Acre

Resolution No.

October 31, 1995

$2,240 [Interim Fee]

95-060

September 2, 1997

$2,656

97-508

August 17, 1999

$3,292

99-473

September 12, 2000

$3,942

2000-538

June 12, 2001

$10,021* (incl. $4,028 premium)

2001-391

May 21, 2002

$11,962* (incl. $4,028 premium)

2002-300

June 24, 2003

$12,270

2003-460

April 20, 2004

$16,124 ($8,624 w/ land dedication)

2004-285

April 5, 2005

$24,897 ($12,397 w/ land dedication)

2005-223

May 4, 2006

$41,182 ($18,682 w/ land dedication)

2006-301

February 13, 2007

$38,445 ($18,445 w/ land dedication)

2007-092

February 19, 2008

$38,133 ($20,633 w/ land dedication)

2008-097

February 17, 2009

$38,133 ($20,633 w/ land dedication)

N/A

March 9, 2010

$44,050 ($26,550 w/ land dedication)

2010-127

March 22, 2011

$37,547 ($22,547 w/ land dedication)

2011-157

February 21, 2012

$32,861 ($21,611 w/ land dedication)

2012-037

January 29, 2013

$27,419 ($18,669 w/ land dedication)

2013-027

February 4, 2014

$32,259 ($21,009 w/ land dedication)

2014-0034

January 13, 2015

$32,259 ($21,009 w/ land dedication)

N/A

February 9, 2016

$32,259 ($21,009 w/ land dedication)

N/A

January 17, 2017

$31,600 ($20,350 w/ land dedication)

2017-0043

January 30, 2018

$33,091 ($21,841 w/ land dedication)

2018-0051

February 26, 2019

$33,091 ($21,841 w/ land dedication)

N/A

February 27, 2020

$40,032 ($25,032 w/ land dedication)

2020-0062

April 13, 2021

$40,032 ($25,032 w/ land dedication)

N/A

March 1, 2022

$43,968 ($27,718 w/ land dedication)

2022-0067

February 21, 2023

$45,565 ($29,815 w/ land dedication)

2023-0052

February 27, 2024

$46,009 ($32,259 w/ land dedication)

2024-0054

February 25, 2025

$47,031 ($33,281 w/ land dedication)

2025-0049

February 24, 2026

$47,567 ($33,817 w/ land dedication)

2026-

 

* In 2001, the Council increased the fee to $10,021 per gross acre to implement the 1997 NBHCP and the Settlement Agreement.  The fee included a base fee of $5,993 per gross acre and a premium fee of $4,028 per gross acre to acquire reserve lands in prioritized areas of the Basin in order to comply with the agreement. In 2002, the Council increased the fee to $11,962 per gross acre - a base fee of $7,934 and a premium fee of $4,028 for the agreement.

 

The table above shows the history of the NBHCP Fees. As shown in the table, the HCP Fee reached a high in 2010 at $44,050 per gross acre ($26,550 w/land dedication). Sixteen years later, the HCP is not significantly higher.

 

The Conservancy is the plan operator of the NBHCP. The Conservancy acquires mitigation land and implements management and enhancement measures necessary to meet the mitigation requirements of the NBHCP. With best available information regarding current and projected costs associated with implementation of the 2003 NBHCP, Conservancy staff worked with its economic consultant EPS to update the HCP Finance Model.  Based on the economic model and the judgment of the Conservancy, an increase adjustment is needed to accurately reflect the current costs of operating the HCP and thus should be reflected in the HCP fee.

 

Justification for Adjusting the HCP Fee

 

Each December, the Conservancy considers whether a fee adjustment is necessary to implement the NBHCP given current assumptions. The current fee is $47,031 per gross acre of development ($33,281 per acre with land dedication); the proposed fee would be increased to $47,567 ($33,817 per acre with land dedication) based on the NBHCP Finance Model and the Conservancy analysis.

 

The NBHCP Fee is made up of five major parts:

 

1)                     Land Acquisition,

2)                     Restoration and Enhancement,

3)                     Administration and Operation and Maintenance (O&M),

4)                     O&M Endowment, and

5)                     Supplemental Endowment.

 

The fifth component - the Supplemental Endowment -- was added (at the request of the City) in June 2001 to provide assurances that the last 200 acres of required mitigation land will be purchased after all the fee revenue has been collected. The Supplemental Endowment may also be used for unforeseen circumstances expenses.

 

Unlike the Supplemental Endowment part of the fee, the O&M Endowment Fund is used to maintain the preserve lands in perpetuity after build-out of the plan area and all development fee revenue has been collected.

 

A small sixth component is allocated to the City for administrative purposes including fee collection (2% of the fee).

 

Compared to the 2025 fee, the proposed 2026 fee represents a fee increase of 1.1% (without land dedication) or a 1.6% fee increase (with land dedication). The increase is largely attributable to increases in annual administration and operations and maintenance costs.

 

Mitigation Fee Summary (per acre of development) without land dedication

 

Fee Component

2025 Adopted

2026 Proposed

Change from 2025

Land Acquisition (land, transaction, and contingency)

$14,250

$14,250

$0

Restoration & Enhancement

$2,775

$2,775

$0

Administration / Operations & Maintenance

$17,758

$18,076

$318

O&M Endowment

$10,655

$10,846

$191

Supplemental Endowment

$671

$687

$16

Fee Collection Administration

$922

$933

$11

Total

$47,031

$47,567

$536

 

Mitigation Fee Summary (per acre of development) with land dedication

 

Fee Component2025 Adopted2026 ProposedChange from 2025

 

 

 

Land Acquisition (land, transaction, and contingency)

$500

$500

$0

Restoration & Enhancement

$2,775

$2,775

$0

Administration / Operations & Maintenance

$17,758

$18,076

$318

O&M Endowment

$10,655

$10,846

$191

Supplemental Endowment

$671

$687

$16

Fee Collection Administration

$922

$933

$11

Total

$33,281

$33,817

$536

 

The Conservancy is obligated to submit a fee recommendation each year that ensures its ability to successfully implement the NBHCP.  A copy of the full fee study (dated November 2025) is available for review at the City Planning Office, 300 Richards Blvd., 3rd Floor, Sacramento, CA 95811, and as Attachment 4 of this report.

 

Land Dedication Requirement

 

Since 2003, all large mitigation efforts have been accomplished through land dedication by the developers to the Conservancy, as opposed to payment of the Land Acquisition portion of the NBHCP fee. In April 2005, the City Council voted to require developers of 50+ acres to dedicate land in lieu of the full fee payment - unless the Conservancy deemed it had adequate surplus land such that accepting fees over dedication was helpful to the NBHCP’s implementation. On May 4, 2006, the City Council extended this provision to May 1, 2007. On February 13, 2007, the City Council extended the land dedication in-lieu requirement without a sunset date. No change in this requirement is proposed in this report.

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