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 article 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; and
(b)
To replace of 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 countywide conservation
strategy, including identification of priority acquisition areas in
riparian zones or other locations with important species habitat;
and
(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
(Ord. 2530 § 2, 2018)
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 Conservancy (as of the
adoption of the ordinance codified in this article, 611 North Street,
Woodland, CA 95695), and online at www.yolohabitatconservancy.org.
(Ord. 2530 § 2, 2018)
The definitions set forth in this section shall govern the application
and interpretation of this article. Words and phrases not defined
in this Section shall be interpreted so as to give this article 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, 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, a
tentative map, parcel map, conditional use permit, or development
agreement, 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. 2530 § 2, 2018)
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 director of community development and sustainability.
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. 2530 § 2, 2018)
(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 of
Davis no later than the date of issuance by the City of Davis 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 of Davis at the time of 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 of Davis 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 of Davis determines a project requiring a planning
permit is exempt from payment of the mitigation fees, whether because
it is not a covered activity or because it is expressly exempt from
mitigation fees pursuant to Chapter 8 (Section 8.4.1.1) of the Yolo
HCP/NCCP, no mitigation fees shall be required for the project. Notwithstanding
the applicability of an exemption, if appropriate based on facts and
circumstances relevant to the project, the City of Davis shall advise
the applicant of the potential need for any federal, state, or other
permits or approvals relating to rare species or associated habitats.
(d)
Any appeals relating fee determinations shall be heard by the City
of Davis 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 of Davis 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. 2530 § 2, 2018)
The City of Davis may collect duly adopted service fees from
project applicants to compensate for the City of Davis'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. 2530 § 2, 2018)
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 take
permits, the Yolo HCP/NCCP, and the implementing agreement.
(Ord. 2530 § 2, 2018)
The director of the department of community development and
sustainability may adopt guidelines to assist with the implementation
and administration of all aspects of this article.
(Ord. 2530 § 2, 2018)
In the event of a conflict between any term or requirement of
this article, the take permits, the Yolo HCP/NCCP, and the implementing
agreement, the term or requirement of the take permits shall govern.
(Ord. 2530 § 2, 2018)
This article shall be operative upon the occurrence of all of
the following: amendment of the Conservancy's joint powers agreement
relating to plan implementation (including mitigation fees); the Conservancy's
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. 2530 § 2, 2018)
