Sutter County Municipal Code Ch. 1370 The Natomas Basin Habitat Conservation Plan Mitigation Fee

The purpose of this chapter is to establish a habitat conservation plan Mitigation Fee relating to the mitigation of the loss of plant and animal species and their habitat in connection with development of land within the boundaries of the Natomas Basin Habitat Conservation Plan. This chapter is intended to implement the Natomas Basin Habitat Conservation Plan and the Implementation Agreement entered into between Sutter County, the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife and the Natomas Basin Conservancy, which Plan and Agreement were adopted by the Board of Supervisors on May 13, 2003, and which provide a method and alternatives by which landowners may satisfy local, State and Federal mandated mitigation requirements in order to develop their properties and to construct required infrastructure in the Plan area. The fee established by this chapter is one which landowner(s) may elect to pay in-lieu of satisfying Federal and State Endangered Species Acts by other methods as described in that Plan and Agreement.

(Ord. No. 1686, § 1, 9-14-2021)

(a) Habitat Conservation Plan. The multi-species Natomas Basin Habitat Conservation Plan together with the Implementation Agreement which accompanies that Plan, adopted by the Board of Supervisors on May 13, 2003, as said Plan may be amended from time to time.

(b) Mitigation Fees or "Fee". The mitigation fees as defined in Exhibit A: Definitions of the Implementation Agreement for participation in the Plan where such participation has been elected by a landowner, the amount of which may change from time to time pursuant to the Plan provisions.

(c) Implementation Agreement. The Implementation Agreement for the Natomas Basin Habitat Conservation Plan, entered into between the County of Sutter, the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service, as adopted by the Board of Supervisors together with the Habitat Conservation Plan on May 13, 2003 as said Agreement may be amended from time to time.

(d) Permit Area. Shall be defined as specified in Exhibit A: Definitions of the Implementation Agreement.

(e) Urban Development. Shall be defined as specified in Exhibit A: Definitions of the Implementation Agreement.

(f) Urban Development Permit and Urban Development Permittee. Shall be as defined as defined in the Habitat Conservation Plan.

(Ord. No. 1686, § 1, 9-14-2021)

The Mitigation Fee established pursuant to this chapter is a fee which landowners may elect to pay in lieu of satisfying the requirements of Federal and State Endangered Species Acts and of the mitigation monitoring programs. Landowners seeking to develop property within the Permit Area may elect not to pay the fee and to address said requirements by other means specified in the Habitat Conservation Plan.

(a) A Mitigation Fee is established pursuant to the provisions of this Chapter.

(b) The Board of Supervisors, by resolution, shall establish the specific initial and subsequent amounts of the Mitigation Fee. In addition, the Board of Supervisors, by resolution, may adopt additional provisions, procedures and policies to implement the fees established by this Chapter. The amount of the fees, and such policies, guidelines and procedures shall be consistent with the requirements of the Mitigation Plan.

(Ord. No. 1686, § 1, 9-14-2021)

(a) The Mitigation Fee shall apply to real property which is within the Permit Area and for which an urban development permit is required under that plan. A landowner may elect to pay the fee in-lieu of compliance with the plan or pursuant to one of the other available alternatives under said Plan.

(b) Except as may be expressly provided in this Chapter, no urban development permit shall be issued by the County of Sutter for land within the Permit Area unless and until the Mitigation Fee has been paid to the County or the applicant has otherwise complied with the Habitat Conservation Plan by electing one of the alternative methods of compliance specified therein.

(c) Notwithstanding anything to the contrary set forth in subsection (a) of this section or in any other provision in this Chapter, the Mitigation Fee shall apply to any urban development project (1) which has received approval of a tentative map or other approval, whether discretionary or nondiscretionary, from the County of Sutter where the approval of the same has been conditioned upon payment of the development impact fees, or (2) which is subject to a development agreement between the landowner and County of Sutter which requires payment of development impact fees, or (3) which is located within the Permit Area and is subject to development agreement which requires the payment of development impact fees related to impacts upon species covered by the Federal and State Endangered Species Acts.

(Ord. No. 1686, § 1, 9-14-2021)

(a) If a landowner elects to pay the Mitigation Fee, said payment shall be made prior to disturbance for an Urban Development Permit.

(b) With respect to urban development projects completed or commenced as of the effective date of the ordinance enacting the provisions of this chapter, and which are subject to the provision of Section 1370-040(c) of this Chapter, the Development Services Director may enter into agreements with landowners regarding the amount, time and manner of payment of fees payable with respect to such urban development projects, so long as the Mitigation Fee is paid in a manner and at a time compliant with the Habitat Conservation Plan.

(Ord. No. 1686, § 1, 9-14-2021)

The Board of Supervisors, by resolution, may establish policies, guidelines and procedures regarding credits and reimbursements which may apply to the Mitigation Fee. Said policies, guidelines and procedures shall be subject to the terms of any written agreement entered into by the County of Sutter and landowners concerning credits against and reimbursement of fees relating to the Habitat Conservation Plan's Covered Species, but in all cases, these arrangements will comply with the Habitat Conservation Plan.

(Ord. No. 1686, § 1, 9-14-2021)

Consistent with the terms of the Habitat Conservation Plan, the amount of the Mitigation Fee established by this Chapter may be revised periodically by resolution of the Board of Supervisors.

(Ord. No. 1686, § 1, 9-14-2021)

The Natomas Basin Habitat Conservation Fund is created and established. The Mitigation Fee collected pursuant to this Chapter shall be deposited in the Natomas Basin Mitigation Fund. Revenue collected and deposited in such fund shall be used for the purpose of:

(a) Transferring collected Mitigation fees to the Natomas Basin Conservancy, as specified in Section 3.1.9 of the Implementation Agreement.

(b) Providing reimbursements as described in Section 1370-060 of this Chapter.

(c) All monies, including any accrued interest, shall be transferred to the Natomas Basin Conservancy, a California non-profit public benefit corporation and the designated plan operator of the Natomas Basin Habitat Conservation Plan.

(Ord. No. 1686, § 1, 9-14-2021)

The provisions of this chapter shall not release any owner of residential or nonresidential property located within the Permit Area from the obligation of paying other applicable fees relating to development of property, including, without limitation, the application fees, processing fees, other mitigation fees, and development impact fees within the control of the County of Sutter, from complying with any public facility improvement requirements which are imposed pursuant to applicable law, including, without limitation, the provision of this Code, and from complying with any requirement to dedicate property for public use pursuant to applicable law, including without limitation, the other provisions of this Code and the Government Code, at the time of approval of a development agreement, tentative subdivision map, tentative large-lot map, certificate of compliance, building permit or other land use entitlement.

(Ord. No. 1686, § 1, 9-14-2021)