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Exhibit B <br />ORDINANCE Exhibit A - Page 50 of 55 <br />habitat and/or fisheries issues. The city will meet with the consultant and direct preparation of <br />the habitat management plan. The city must review and accept the habitat management plan as <br />complete before issuing any approvals for the proposed development. In the event of a dispute <br />regarding appropriate content in the habitat management plan, the city may require additional <br />studies or additional supporting information as provided for by this chapter. <br />2. A biological assessment which meets the requirements of federal and state agencies may be <br />accepted as meeting these requirements. <br />3. The HMP shall be evaluated by city, state and federal agencies with permit jurisdiction or <br />expertise, as required by this section, and the director shall consider all comments submitted by <br />state and federal agencies, and require necessary revisions to the HMP, if any, prior to accepting <br />the HMP as final. <br />4. The director shall condition approvals of activities allowed within or adjacent to a habitat <br />conservation area or its buffers, as necessary to minimize or mitigate any potential adverse <br />impacts to the habitat conservation area and affected species. Mitigation measures shall be <br />based upon the analysis, conclusions, and recommendations contained in the HMP. At a <br />minimum, all requirements and mitigation measures necessary to avoid reducing the likelihood <br />that the species will maintain and reproduce over the long term shall be required as permit <br />conditions for the development proposal. <br />H. Compensation for Impacts within the One-Hundred-Year Floodplain. <br />1. Compensation must be provided for any effects to floodwater storage and fish habitat <br />function within the one-hundred-year floodplain. Indirect adverse effects of development in the <br />floodplain (effects to stormwater, riparian vegetation, bank stability, channel migration, <br />hyporheic zones, wetlands, etc.) must be mitigated such that equivalent or better salmon <br />habitat protection is provided. <br />2. The mitigation plan shall stipulate avoidance and conservation measures, as are needed to <br />ensure that there is no net adverse effect during any phase of the project. Outside the floodway <br />or riparian habitat zone, the mitigation plan shall include such avoidance, minimization, <br />restoration, conservation or compensation measures to mitigate all impacts. <br />3. Calculation of impacts and mitigation shall be performed in accordance with Planning <br />Director Interpretation No. 2011-1, or as amended. <br />4. The following priorities for mitigation of impacts to fish habitat within the one-hundred-year <br />floodplain shall be considered in the habitat assessment and mitigation plan, with the long-term <br />goal of improving functions and values of fish habitat in the estuary over existing conditions: <br />a. Assignment (purchase) of equivalent mitigation credits from an established <br />mitigation bank within the estuary; <br />b. Creation or restoration of the functions and values of fish habitat in an area that is <br />available to fish more frequently than the habitat being impacted; <br />c. Creation or restoration of off-channel refuge habitat;