Part 3 — APPLICATION AND IMPLEMENTATION

All project applicants for covered activities within the local plan area shall comply with the conditions on covered activities in Chapter 6 of the HCP/NCCP. Each planning permit application for a covered activity in the local plan area shall include details of the methods and timing in which the project will comply with the HCP/NCCP in the form and manner required by the director of planning, building and code enforcement. Applicable conditions on covered activities from Chapter 6 of the HCP/NCCP as well as other measures required to implement the conservation strategy of the HCP/NCCP shall be included in each planning permit approval for a covered activity.

(Ord. 29203.)

A.

As a condition of each land use approval for a covered activity in the local plan area, the mitigation fees shall be paid in full by the private project applicant to the city no later than the date of issuance by the city of a building permit. The mitigation fees shall be paid to the implementing entity at the time of issuance of the first building permit if more than one building permit is required for the project.

B.

If the implementing entity authorizes another manner of compensation in lieu of the mitigation fees (such as a land donation in lieu of payment of the mitigation fees), the project applicant shall provide the city with written documentation from the implementing entity 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 the project subject to the planning permit to be exempt from payment of the mitigation fees, no mitigation fees shall be required for the project.

D.

The city may collect the mitigation fees on behalf of the implementing entity if authorized to do so by the implementing entity.

(Ord. 29203.)

Upon payment in full of the mitigation fees and approval of planning permits incorporating all applicable 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. 29203.)

The city may collect service fees from project applicants to compensate for the city's costs associated with its administration and implementation of the HCP/NCCP and related permitting process.

(Ord. 29203.)

The city manager, in conjunction with the director of planning, building and code enforcement, may adopt guidelines to assist in the implementation and administration of all aspects of this chapter.

(Ord. 29203.)

In the event of a conflict between any term or requirement of this chapter, the HCP/NCCP, the implementing agreement or the take permits, the term or requirement of the take permits shall govern.

(Ord. 29203.)

This chapter shall be operative upon adoption by the implementing entity of the mitigation fees and the issuance of the take permits by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife.

(Ord. 29203.)