The Yolo Habitat Conservation Plan/Natural Communities Conservation
Plan ("Yolo HCP/NCCP") has been developed to provide for the conservation
of twelve sensitive species and the natural communities and agricultural
land on which they depend, and to provide a streamlined permitting
process to address the effects a range of future anticipated activities
on those species. The Yolo HCP/NCCP was developed by the county of
Yolo and the cities of Davis, Woodland, Winters, and West Sacramento
(with the University of California, Davis, in an ex officio capacity)
through the Yolo County Habitat/Natural Community Conservation Plan
Joint Powers Agency, known and referred to informally as the Yolo
Habitat Conservancy ("Conservancy").
The purpose of this title is to provide for implementation of
the Yolo HCP/NCCP in a manner that achieves, among other things, the
following objectives: (a) to protect, enhance, and restore natural
communities and cultivated lands, including rare and endangered species
habitat, and provide for the conservation of covered species within
Yolo County; (b) to replace the current system of separately permitting
and mitigating individual projects with a conservation and mitigation
program, set forth in the Yolo HCP/NCCP, that comprehensively coordinates
the implementation of permit requirements through the development
of a county-wide conservation strategy, including identification of
priority acquisition areas in riparian zones or other locations with
important species habitat; (c) to provide for additional habitat conservation
that is otherwise unlikely to take place in Yolo County and benefit
both listed species and project proponents by ensuring a more efficient,
effective approach to mitigation; and (d) to ensure that the Conservancy,
in its capacity as the implementing entity for the Yolo HCP/NCCP,
collects the local development mitigation fees necessary to assist
with plan implementation and all of the related objectives set forth
above.
(Ord. 18-9 § 2)
The Yolo HCP/NCCP is incorporated by reference as though fully
set forth herein. Complete copies of the Yolo HCP/NCCP and related
documents are available at the offices of the city clerk and the Conservancy,
online at the city of West Sacramento website and at www.yolohabitatconservancy.org.
(Ord. 18-9 § 2)
The definitions set forth in this section shall govern the application
and interpretation of this title. Words and phrases not defined in
this section shall be interpreted so as to give this title its most
reasonable application.
includes, in connection with a covered activity only, a full
structural building permit as well as a partial permit, such as a
foundation-only permit, grading permit, or any other permit or approval
authorizing a ground-disturbing activity in furtherance of a covered
activity.
refers to the Yolo Habitat Conservancy, a joint powers agency
consisting of the County of Yolo and the cities of Davis, Woodland,
Winters, and West Sacramento (with the University of California, Davis,
in an ex officio capacity). The formal, legal name of the joint powers
agency is the Yolo County Habitat/Natural Community Conservation Plan
Joint Powers Agency.
means the species, listed and non-listed, which are identified
in Chapter 1 of the Yolo HCP/NCCP and described in Appendix A to the
Yolo HCP/NCCP. Covered species are those at-risk species that are
covered by the take permits issued by the U.S. Fish and Wildlife Service
and the California Department of Fish and Wildlife.
means that agreement made and entered into by and between
the U.S. Fish and Wildlife Service, the California Department of Fish
and Wildlife, the Conservancy, the County of Yolo, and the cities
of Davis, West Sacramento, Winters, and Woodland, that defines the
parties' respective roles and responsibilities and provides a common
understanding of the actions that will be undertaken to implement
the HCP/NCCP.
means any fees adopted by the Conservancy, and any amendments
thereto, that apply (unless exempted) to covered activities within
the plan area in accordance with Chapter 8 of the Yolo HCP/NCCP and
documents cited or relied on therein.
means the geographic area covered by the Yolo HCP/NCCP, as
described in Chapter 1 (Introduction) and depicted in Figure 1-1 thereof.
The plan area includes the county of Yolo in its entirety, including
the entire city of West Sacramento, consisting of approximately 653,549
acres and also includes 1,174 acres along the south bank of Putah
Creek in Solano county designated as the "extended plan area for riparian
restoration" in Figure 1-1. This area is included in the plan area
only for the purpose of providing additional sites for riparian restoration
to support the covered species.
means any discretionary permit that authorizes a ground-disturbing
activity for a covered activity, including, but not limited to, building
permits, grading permits, installation permits, encroachment permits,
or any other discretionary permit, excluding actions of general application
such as general plan amendments, zoning and rezoning, annexation,
specific plans, and other area or regional land use actions.
means a person or entity applying for a planning permit for
a project authorizing a ground-disturbing activity for a covered activity,
including any person or entity that is a "third party participant"
within the meaning of Section 3.32 of the implementing agreement.
has the meaning set forth in the Federal Endangered Species
Act and its implementing regulations, as well as impacts to plants
identified as covered species. "Take" shall also have the meaning
set forth in California Fish and Game Code Section 86 (i.e., to hunt
pursue, catch, capture, or kill or attempt to hunt, pursue, catch,
capture, or kill).
means the Federal Incidental Take Permit issued by the U.S.
Fish and Wildlife Service to the Conservancy, the county, and each
of the four cities based on the Yolo HCP/NCCP pursuant to Section
10(a)(1)(B) of the Federal Endangered Species Act, and shall also
include related state permits and approvals provided for in Section
86 of the California Fish and Game Code with regard to activities
subject to the California Endangered Species Act (Fish and Game Code
Section 2050 et seq.) and the California Natural Community Conservation
Planning Act (Fish and Game Code Sections 2800 through 2835).
means the Yolo Habitat Conservation Plan/Natural Communities
Conservation Plan.
(Ord. 18-9 § 2)
As set forth in Section 8.1 of the implementing agreement, all
project applicants for covered activities within the plan area shall
comply with the conditions set forth in Chapter 4 of the Yolo HCP/NCCP
to avoid, minimize, and mitigate the take of covered species resulting
from covered activities. Each planning permit application for a covered
activity within the plan area shall include details on the manner
and timing for project compliance with the Yolo HCP/NCCP in the form
and manner required by the city manager or designee. Applicable conditions
of approval on covered activities from Chapter 4 of the Yolo HCP/NCCP
as well as other measures required to implement the Yolo HCP/NCCP
conservation strategy shall be included in each planning permit approval
for a covered activity.
(Ord. 18-9 § 2)
A.
As
a condition of each approval for a covered activity, the mitigation
fees shall be paid in full by the project applicant to the city prior
to issuance by the city of a building permit. The mitigation fees
paid by project applicants shall be transferred (along with mitigation
fee payments provided for public agency projects) to the Conservancy
on a quarterly basis, or more frequently if requested by the Conservancy.
Mitigation fees shall be paid to the city prior to the issuance of
the first building permit if more than one building permit is required
for the project.
B.
If
the Conservancy, pursuant to the terms of the Yolo HCP/NCCP, authorizes
another manner of compensation in lieu of the mitigation fees (such
as a conveyance of land in lieu of mitigation fees pursuant to the
implementing agreement and the Yolo HCP/NCCP), the project applicant
shall provide the city with written documentation from the Conservancy
of compliance with such alternative manner of payment and the dollar
equivalent amount of such alternative manner of compensation.
C.
In
the event the city determines a project requiring a planning permit
is exempt from payment of the mitigation fees, whether because it
is not a covered activity or for other appropriate reasons, no mitigation
fees shall be required for the project.
D.
The
city may collect the mitigation fees on behalf of the Conservancy
if authorized to do so by the Conservancy. Any appeals relating fee
determinations shall be heard by the city pursuant to the process
established for hearing appeals of the planning permit associated
with the fee determination.
E.
On
at least a quarterly basis through and including December of each
calendar year, the city shall provide the Conservancy with information
regarding applications and approvals for take authorization under
the Yolo HCP/NCCP, including take associated with projects that are
exempt from the fees and/or conditions of the Yolo HCP/NCCP. The quarterly
reporting shall also include the same information regarding public
agency projects and associated take.
(Ord. 18-9 § 2)
The city may collect duly adopted service fees from project
applicants to compensate for the city's costs associated with its
administration and implementation of the Yolo HCP/NCCP and related
permitting process. The amount and method of calculation of the service
fees shall be set by resolution of the city council. Any such fees
shall be in addition to, and not a deduction from, the mitigation
fees adopted by the Conservancy.
(Ord. 18-9 § 2)
Upon payment in full of the mitigation fees and approval of
planning permits incorporating all applicable Yolo HCP/NCCP conditions
of approval, the project applicant shall receive authorized take coverage
for the covered activity in accordance with the terms of the HCP/NCCP,
the implementing agreement, and the take permits.
(Ord. 18-9 § 2)
The city may adopt guidelines to assist with the implementation
and administration of all aspects of this title.
(Ord. 18-9 § 2)
In the event of a conflict between any term or requirement of
this title, the Yolo HCP/NCCP, the implementing agreement or the take
permits, the terms or requirements of the take permits shall govern.
(Ord. 18-9 § 2)
This title shall be operative upon the occurrence of all of
the following: amendment to the Conservancy's joint powers agreement
authorizing the Conservancy to levy mitigation fees; the Conservancy's
actual adoption of the mitigation fees; the full execution of the
implementing agreement; the adoption of the Yolo HCP/NCCP and implementing
ordinances by each of the cities and the county; and the issuance
of the take permits by the U.S. Fish and Wildlife Service and the
California Department of Fish and Wildlife.
(Ord. 18-9 § 2)
