The record
“16.130.080 USE OF IMPACT MITIGATION FEE FUNDS. (a) The City shall establish a separate interest-bearing fund within the city Treasury, in which monies collected pursuant to this Chapter shall be deposited. … (c) Pursuant to the terms and conditions of said Agreement, said lands shall be held in perpetuity for Swainson's Hawk foraging habitat.”
a CEQA-identified significant impact on Swainson's hawk foraging habitat plus one of five named entitlements
“16.130.030 APPLICABILITY. (a) This Chapter shall apply to any project that has been determined through the CEQA process to result in a potential significant impact or potential significant cumulative impact on Swainson's Hawk foraging habitat for which mitigation measures have been identified as necessary to reduce that impact to a less than significant level, and for which any of the following requests are being sought: (1) any request for a change in land use designation from an Agricultural Designation to an Urban Designation, or (2) any request to subdivide five (5) acres or more of contiguous land zoned AR-1 or AR-2, or (3) any request for a land use entitlement for a non-agricultural use of land zoned with an Agricultural Designation or (4) any request for a land use entitlement for a non-agricultural use of land five (5) acres or more in size zoned AR-1 or AR-2, or (5) any public improvement project proposed by any department or agency of the City of Elk Grove on land with an Agricultural Designation.”
2004-07-21 (Ord. 22-2004, urgency); chapter inherited from Sacramento County Code (SCC 1093, 1997; SCC 1107, 1998)
“ORDINANCE NO. 22-2004 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING CHAPTER 16.130 OF THE ELK GROVE MUNICIPAL CODE RELATING TO SWAINSON'S HAWK IMPACT MITIGATION … PASSED AND ADOPTED by the City Council of the City of Elk Grove this 21st day of July 2004.”
“Prior to any site disturbance, such as clearing or grubbing, or the issuance of any permits for grading, building, or other site improvements, whichever occurs first, the project applicant shall Submit payment of Swainson's hawk impact mitigation fee per acre of habitat impacted (payment shall be at a 1:1 ratio) to the City of Elk Grove in the amount set forth in Chapter 16.130 of the City of Elk Grove Code”
a project of 40 acres or more must preserve land instead of paying
“Note - A project (defined as the total combined gross acreage of a parcel or parcels included in a development proposal subject to CEQA review, such as an entire Specific Plan) of 40 acres or greater is required to provide direct land preservation in perpetuity as opposed to paying the Swainson's Hawk fee.”
preserving 1.0 acre of similar habitat per acre lost, by fee title or conservation easement, in place of the fee
“the project applicant shall preserve 1.0 acre of similar habitat for each acre lost. This land shall be protected through a fee title or conservation easement acceptable to the CDFG and the City of Elk Grove as set forth In Chapter 16.130.040(a)”