(2)AR 011607 Endangered Species - Laserfiche WebLink

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Further, no condition may be imposed on the habitat conservation use that the wildlife agency concludes would adversely affect an endangered species or unreasonably interfere with a legitimate habitat conservation use. (Section 18.31.040(D).) Finally, adding another layer of regulation should not unduly burden a conservation proponent, since the proposed ordinance provides that the conditional use permit process would occur, to the extent possible, concurrently with the approval process of other agencies. (Section 18.31.040(G).) o Landowner Does Not Work With Wildlife Agencies. The proposed ordinance also allows conservation that is sanctioned by some other authoritative source, such as a university. (Section 18.31.040(C)(3).) This provision allows the conservation use to proceed even if the wildlife agencies do not participate due to financial resources limitations, for example. The purpose for requiring an authoritative source to sanction the use is to ensure that the species' habitat needs are adequately addressed in the proposed conservation use. o Landowner Has No External Cooperation. In the event a landowner wishes to set aside land for purely altruistic reasons, but does not cooperate with the wildlife agencies or any other authoritative source, the proposed ordinance provides the City with the authority to impose reasonable habitat management measures. The exercise of the City's authority in this regard could be necessary to protect species, as the Service noted in its Conservation Bank Guidance, "listed species and their habitat cannot be conserved without management of the conservation property." Moreover, no evidence suggests that there are any landowners in the City desiring to establish habitat conservation uses who would be unwilling to work with wildlife agencies to do so. • Finally, because of the potential for economic returns for conservation made possible by conservation banking, evidence suggests that landowners would most likely pursue conservation in coordination with a wildlife agency. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. • No designated scenic highways exist within the City. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.