18.40.040   Applicability of fee.
   A.   The habitat conservation 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 pursuant to one of the other available alternatives under said plan.
   B.   Except as may be expressly provided in this chapter, including, without limitation, those provisions for a deferral in the payment of fees, no urban development permit shall be issued by the city for land within the permit area unless and until the habitat conservation fee has been paid to the city 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 habitat conservation fee shall apply to any urban development project (1) which has heretofore received a tentative map approval or other approval, whether discretionary or nondiscretionary, from the city where the approval of the same has been conditioned upon payment of the development impact fees established as a result of the implementation of the North Natomas financing plan, or (2) which is subject to a development agreement between the land-owner and city which requires the payment of development impact fees established as a result of the implementation of the North Natomas financing plan, or (3) which is located within the South Natomas community plan area and is subject to any other agreement which requires the payment of development impact fees related to impacts upon species covered by the federal or state Endangered Species Acts. (Prior code § 84.10.1003)