Because there can be mixed traditional commercial, industrial
and residential uses within the same project, for LDMF assessment
purposes only, the LDMF which is applicable to commercial or industrial
projects shall be calculated by reference to the project area of each
parcel upon which the commercial or industrial portions shall be sited.
If the mixed use includes residential units, the LDMF applicable to
the parcels upon which residential units are to be sited shall be
calculated by reference to the appropriate residential LDMF category.
If the mixed use occurs on the same parcel, the LDMF which is applicable
to commercial or industrial projects shall be calculated by reference
to the project area of the parcel. A mitigation fee schedule which
contains the LDMF which is applicable to each of the five LDMF categories
shall be adopted and may, from time to time, be amended by resolution.
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The amount of the LDMF required to be paid for a commercial
or industrial project shall be based on the project area, as calculated
by city staff based on the subdivision map, plot plan, and/or other
information submitted to or required by the city.
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Projects not meeting the standard exemption criteria above,
that made verifiable payments, as part of a legal settlement, to specifically
fund acquisition of habitat for a species listed as "endangered" under
the federal Endangered Species Act are required to pay the LDMF but
are eligible to receive a refund, on a pro rata per acre basis based
on the actual acreage being assessed the fee. Any such projects and
proposed lots to be exempted must be registered in accordance with
the Commission's procedures by September 1, 2011.
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