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Ordinance 3676-19
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Ordinance 3676-19
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Ordinances
Ordinance Number
3676-19
Date
5/15/2019
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minimize or compensate for project effects on the species under review.The following items should <br /> be addressed: <br /> i. Provide specific recommendations, as appropriate,to reduce or eliminate the adverse effects of the <br /> proposed activity. Potential measures include:timing restrictions for all or some of the activities; <br /> removal); best management practices, etc.; <br /> ii. Include a description of proposed monitoring of the species, its habitat,and mitigation <br /> effectiveness. <br /> the significant features present. <br /> e2. 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 /> protective covenant or tract as required by Section 19.37.220 of this chapter. <br /> H. Compensation for impacts within the 100-year floodplain. <br /> 1. Compensation must be provided for any effects to floodwater storage and fish habitat function <br /> within the 100-year floodplain. Indirect adverse effects of development in the floodplain (effects <br /> to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, <br /> etc.) must be mitigated such that equivalent or better salmon 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 impact <br /> for the situation. <br /> 3. Calculation of impacts and mitigation shall be performed in accordance with Planning Director <br /> Interpretation No. 2011-1,or as amended. <br /> 4. The following priorities for mitigation of impacts to fish habitat within the 100-year floodplain <br /> shall be considered in the habitat assessment and mitigation plan,with the long term goal of <br /> improving functions and values of fish habitat in the estuary over existing conditions: <br /> a. Assignment(purchase) of equivalent mitigation credits from an established mitigation bank <br /> within the estuary. <br /> b. Creation or restoration of the functions and values of fish habitat in an area that is available <br /> to fish more frequently than the habitat being impacted; <br /> EMC Title 19.37 (Critical Areas) Page 57 <br />
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