Chapter 18.12
YOLO HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN
Sections:
18.12.020 Incorporation by reference.
18.12.040 Application to covered activities.
18.12.070 Authorized take coverage.
18.12.010 Purpose.
The Yolo Habitat Conservation Plan/Natural Communities Conservation Plan (“Yolo HCP/NCCP”) has been developed to provide for the conservation of twelve (12) sensitive species and the natural communities and agricultural land on which they depend, and to provide a streamlined permitting process to address the effects of 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 chapter 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 countywide 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. 2018-02 § 2 (part))
18.12.020 Incorporation by reference.
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 chapter, 611 North Street, Woodland, CA 95695), the offices of the city and online at www.yolohabitatconservancy.org. (Ord. 2018-02 § 2 (part))
18.12.030 Definitions.
The definitions set forth in this section shall govern the application and interpretation of this chapter. Words and phrases not defined in this section shall be interpreted so as to give this chapter its most reasonable application.
A. “Building permit” 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.
B. “Conservancy” 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.
C. “Covered activity” and “covered activities” mean the activities and projects described in Chapter 3 of the Yolo HCP/NCCP proposed for implementation within the plan area and not otherwise exempted from the requirements of the Yolo HCP/NCCP.
D. “Covered species” means the species, listed and nonlisted, 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.
E. “Implementing agreement” 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.
F. “Mitigation fees” 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.
G. “Plan area” 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 six hundred fifty-three thousand five hundred forty-nine (653,549) acres and also includes one thousand one hundred seventy-four (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.
H. “Planning permit(s)” means any discretionary permit that authorizes a ground-disturbing activity for a covered activity, including but not limited to approval of 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.
I. “Project applicant(s)” 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.
J. “Take” 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).
K. “Take permits” 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).
L. “Yolo HCP/NCCP” shall mean the Yolo Habitat Conservation Plan/Natural Communities Conservation Plan. (Ord. 2018-02 § 2 (part))
18.12.040 Application to covered activities.
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. 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. 2018-02 § 2 (part))
18.12.050 Mitigation fees.
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 no later than the date of 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 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 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 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 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 to 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. 2018-02 § 2 (part))
18.12.060 Service fees.
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. 2018-02 § 2 (part))
18.12.070 Authorized take coverage.
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. 2018-02 § 2 (part))
18.12.080 Guidelines.
The director of community development may adopt guidelines to assist with the implementation and administration of all aspects of this chapter. (Ord. 2018-02 § 2 (part))
18.12.090 Interpretation.
In the event of a conflict between any term or requirement of this chapter, the take permits, the Yolo HCP/NCCP, and the implementing agreement, the term or requirement of the take permits shall govern. (Ord. 2018-02 § 2 (part))
18.12.100 Operative date.
This chapter 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. 2018-02 § 2 (part))