The city manager is authorized to issue grading permits within the North Natomas Community Plan Area and the South Natomas Community Plan Area only if the city manager finds that the applicant meets all the requirements of subsections A, B, C and D of this section.
A. The applicant has paid to the city (in addition to the "catch-up fee" required by Ordinance No. 2002-018) the full amount of the habitat-conservation fees that have been assessed by the city pursuant to the April 2003 Natomas Basin Habitat Conservation Plan and are then in effect (HCP Fees), including the entire amount and all elements of any increased HCP fees adopted by the Natomas Basin Conservancy ("NBC") and by the city pursuant to a validly enacted ordinance or resolution. The city anticipates receiving an adopted fee increase proposal from the NBC for consideration and adoption. The city shall not issue any grading permit until such time as the entire amount of, and all elements of, the anticipated HCP fee increase become effective or the city has otherwise secured from the applicant a written and unconditional agreement to pay the entire amount of, and all elements of, the increased HCP fees. All HCP fee increases will be included within the obligations to be covered by the agreement required under subsection D of this section.
B. If the applicant prepaid its HCP fees in an amount less than the HCP fees in effect when the grading permit is issued, the applicant has paid a catch-up fee in accordance with Ordinance No. 2002-018 and has paid an amount equal to its fair share of the amount of any HCP fee increase, on a peracre basis, as reasonably determined by the city.
C. In lieu of the land-acquisition component of any HCP fee required to be paid under subsections A and B of this section, the applicant has transferred to the city or to the NBC fee title or a conservation easement in perpetuity for mitigation land, at the ratio of 0.5 acre of mitigation land for each acre for which the city issues a grading permit, and the applicant has paid other components of the applicable fees. If the number of acres transferred by an applicant to the city or to NBC exceeds the number of acres required to comply with the 0.5:1 mitigation formula set forth in the April 2003 Natomas Basin Habitat Conservation Plan (NBHCP), the city shall grant the applicant a credit against the landacquisition component of any HCP fee to be paid in the future or, at the applicant's option, the city (either directly or through the NBC) shall pay the applicant, in cash, an agreed-upon amount not to exceed the fair market value of the excess acres of land transferred to the city or to NBC.
D. The applicant has executed an agreement, in a form acceptable to and approved by the city attorney, that requires the applicant and its successors in interest to do the following:
1. Comply with all provisions of the NBHCP;
2. Comply with the Incidental Take Permit and the State Incidental Take Authorization issued in conjunction with the NBHCP;
3. Pay all applicable fee increases and additions, whether adopted by the city before or within six months after issuance of the grading permit (but an applicant who has been specifically and expressly asked by the city manager or designee to pay HCP fees earlier than the date of issuance of a grading permit, and who in fact makes the requested early payment, shall not be subject to the "catch up" provisions of this clause); and
4. Release, defend, and fully indemnify the city and its officers, employees, and agents from and against all costs and damages, including attorney's fees, that may arise in connection with the city's issuance of a grading permit to the applicant, including, but not limited to, claims (procedural or substantive) that relate to HCP fee increases adopted by the city and arise under California's Mitigation Fee Act (title 7, division 1 of the Government Code, at chapters 6, 7, 8, and 9). (Ord. 2003-031 § 1; Ord. 2002-023 § 1; Ord. 2001-021 § 2)