(2)AR 011607 Endangered Species - Laserfiche WebLink

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Additionally, the proposed ordinance specifies that a permit shall not be denied if the proposed conservation habitat use is designed in conjunction with the assistance and concurrence of the U.S. Fish and Wildlife Service and/or the California Department of Fish and Game. Moreover, the City's exercise of some oversight authority in the habitat conservation process does not inhibit species protection. The United States Fish and Wildlife Service specifically recognize the importance of concurrent local regulation of conservation activities. According to the Service's Conservation Bank Guidance: Conservation banks covered by this policy are those established to meet the requirements of the ESA. State or local laws may also impose requirements that can be met by the measures provided for in a conservation bank. When that is the case, the Service requires that the relevant state or local government entity be given an opportunity to participate in the development of a conservation banking agreement and to become a party to it. The Service will coordinate its requirements with those of State or local government entities to the extent possible in order to minimize expenses, burdens, or duplicative requirements for bank sponsors, project proponents, and other governmental agencies. Although the Service will encourage the appropriate State and local governmental agencies to participate in the development of conservation banking agreements and to become parties to them, the failure of such other agencies to participate in developing, or to sign an agreement that otherwise meets the requirements of this policy and of the ESA, shall not preclude the Service from entering into such an agreement. (Conservation Bank Guidance, at pp. 11-12 (emphasis added).) Thus, federal, state and local regulation of conservation activities may properly overlap. Further, the proposed ordinance specifically states: "The City does not desire to, nor could it legally interfere with the Service's activities under the Federal Endangered Species Act." No Exceptions Apply That Would Preclude Reliance On Any Categorical Exemption Section 15300.2 of the State CEQA Guidelines provides that categorical exemptions may not apply in some circumstances. Those circumstances, plus an analysis of their applicability, are provided below: (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.