Chapter 19.19 — HABITAT CONSERVATION PLAN

STUDY AREA Section

• 19.19.001 Purpose
• 19.19.002 Definitions
• 19.19.003 Designation of San Benito County habitat conservation plan preliminary study area
• 19.19.004 Implementation of fee
• 19.19.005 Payment of fee
• 19.19.006 Termination of fees
• 19.19.007 Disposition of fees
• 19.19.008 Adoption of regulations

(A) The purpose of this chapter is to provide a method for financing development and implementation of a habitat conservation plan and a § 10(a) permit under the Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.) for the San Benito County habitat conservation plan study area. It is the further purpose of this chapter to provide a method for mitigation of adverse impacts to federally protected endangered species caused by development of habitat during the preparation of a habitat conservation plan, and provide for habitat mitigation as identified in the habitat conservation plan. (B) This chapter provides for the establishment of fees which, upon payment, will satisfy U.S. Fish and Wildlife Service, as well as county, mitigation requirements for endangered species and their habitats which may occur within the area of the county designated herein pending completion and adoption of a habitat conservation plan and issuance of a § 10(a) permit. (1966 Code, § 7A.1-1) (Ord. 541, § 1)

As used in this chapter, the following words and phrases are defined as follows. ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. DEVELOPMENT. The construction, conversion, structural alteration, relocation or enlargement of any structure or any activity requiring a permit from or the approval by the county which physically disturbs a site, including grading of any parcel of real property within the habitat conservation plan study area. FEE ASSESSMENT AREA. The land within the San Benito County habitat conservation plan study area and described in § 19.19.003. HABITAT CONSERVATION PLAN (HCP). A plan prepared pursuant to the provisions of 16 U.S.C. § 1539. INTERIM MITIGATION. Fees collected from development for the purpose of financing the HCP and funding habitat acquisition and/or habitat enhancement for protected plant and/or animal species. MINERAL DEVELOPMENT. Application and development for the purpose of oil, gas and mineral extraction or enhancement of mineral extraction. PERMIT. Written governmental approval or authorization issued by an authorized county official empowering the holder thereof to a certain land use entitlement permitted by the San Benito County zoning, building or grading ordinances. STRUCTURE. Covered or enclosed habitable space. UNDEVELOPED. Land not previously occupied by a building or used for a purpose subject to interim mitigation fees or land for which a permit was not issued prior to the effective date of the ordinance codified in this chapter.

(1966 Code, § 7A.1-2) (Ord. 541, § 2)

(A) All those certain lands located in the unincorporated areas of the County of San Benito, State of California, as hereinafter particularly described, are hereby constituted and shall be designated as the habitat conservation plan preliminary study area. The habitat conservation plan preliminary study area is described as set forth in Exhibit A (map) of the ordinance codified in this chapter. (B) Including any areas bounded by a street of influence, the boundary is then to extend to the outer right-of-way of the street, or streets, but excluding any area within the incorporated Cities of Hollister and San Juan Bautista. (1966 Code, § 7A.1-3) (Ord. 541, § 3)

(A) (1) During the time the interim mitigation fee is in effect, prior to the approval of any permit within the boundaries of the HCP study area, the county will collect an interim mitigation fee payable at the Planning Department office. The fee shall be collected in two stages, at the map stage and the building permit stage. The fees that must be paid prior to recordation of a final or parcel map will be as follows:

Building Lot Size Fee Per Lot 1 acre or less $150 1.1 acre to 5 acre $300 5.1 acre or larger $600

(2) The fees to be paid at the time of a building permit shall be $0.15 per square foot of structure. Any site that does not

have the fees paid at the subdivision stage must pay the full fee at the time of the building permit. Commercial, industrial and other development projects that would have the effect of converting raw land to developed uses shall pay $550 per developed acre prior to alteration of the habitat. Conversion of lands from agricultural use to other more intensive agricultural uses must be mitigated through the payment of a $10 per acre fee and $0.02 per square foot for agriculturally related structures. Payment of the interim mitigation fee will satisfy county conditions of approval placed on development projects with regard to adverse impact mitigation for federally endangered species which have not previously been satisfied. (B) Interim mitigation fees will not be required for the following: (1) Additions, remodels or reconstructions totaling not more than 50% of the square footage of the preexisting development; (2) Development of any parcel of less than one-half gross acre where at least half of the adjacent parcels have been previously developed as of the date of enactment of the ordinance codified in this chapter; and (3) Development of any parcel for which the United States Fish and Wildlife Service has approved other mitigating procedures or which is otherwise exempt from the provisions of the Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.). (C) For purposes of this chapter, the foregoing are deemed to have no significant adverse impact on any endangered species. (1966 Code, § 7A.1-4) (Ord. 541, § 4)

The fee may be paid by cash, pledged certificate of deposit, irrevocable letter of credit or performance surety bond if the project applicant wishes to pay the interim mitigation fee prior to recordation of the final tract or parcel map. All but cash shall be made payable upon demand by the Director of Planning. (1966 Code, § 7A.1-5) (Ord. 541, § 5)

The interim mitigation fee shall remain in effect until a § 10(a) permit is issued by the Department of the Interior to the county. (1966 Code, § 7A.1-6) (Ord. 541, § 6)

The county will hold interim mitigation fees collected by it in a separate trust for payment of HCP development costs and

habitat mitigation as identified in the HCP. (1966 Code, § 7A.1-7) (Ord. 541, § 7)

The Board of Supervisors may, from time to time, by resolution adopt regulations for the administration and implementation of this chapter not inconsistent with it. The regulations, and any amendments thereto, shall be adopted after a duly noticed public hearing. (1966 Code, § 7A.1-8) (Ord. 541, § 8)