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Plan Interpretations
| Number | Title | Summary | Approval Date |
|---|---|---|---|
| 2013-001 | "Covered Project" Determination: 5,000-Square-Foot Exemption | Projects adding less than 5,000 square feet are not subject to the Habitat Plan; no active tracking will occur. |
June 30, 2014 |
2013-002 |
"Covered Project" Determination: 2-Acre Threshold - Private Development Map |
The 2-acres threshold is based on the permanently disturbed footprint. |
June 30, 2014 |
| 2013-003 | The Operative Date is October 14, 2013, and the deadline for permit ossuance is 1 year from the issuance of Federal and State permits--July 31, 2013. |
June 30, 2014 | |
| 2013-004 | A project does not qualify for the pipeline if it has direct impacts on Habitat Plan covered species. If a project only has indirect impacts, such as increased nitrogen deposition, it could qualify as a pipeline project. |
June 30, 2014 | |
2013-005 |
Parcels that span more than one Fee Zone will pay fees according to the number of acres in each zone. | June 30, 2014 | |
| 2013-006 | If all ESA compliance, or equivalent, is complete and signed off by the Wildlife Agencies, the project is not subject to the Habitat Plan conditions and fees. | June 30, 2014 | |
| 2013-007 | The Habitat Plan allows for CESA or ESA compliance to occur without going through the Habitat Plan if written confirmation is provided to the Habitat Agency. |
June 24, 2015 |
|
| 2013-008 | The Private Development Areas Map will be updated throughout the permit term to reflect new information collected during Plan implementation. |
June 30, 2014 | |
2013-011 |
Additional information is required to identify when surveys may be required for Contra Costa goldfields and ring-tailed cat. |
June 24, 2015 | |
2013-012 |
Covered Activities: Fee and Impact Assessment on Linear Public Projects |
Fees and impacts for covered activities of linear public projects shall be based on the “project footprint” both inside and outside the urban service area. |
November 15, 2013 |
2013-014 |
Private stock ponds are a covered activity under the Habitat Plan only if the project proponent receives a ministerial or discretionary permit for this activity from the County or Cities. |
June 24, 2015 | |
2013-018 |
The amount of each natural community conserved, restored, or created must be equal to or greater than the impact on the natural community as a proportion of the total impact expected from all covered activities. |
June 24, 2015 | |
2014-002 |
Condition 11 in the Habitat Plan identifies three types of streams: perennial stream, intermittent streams and ephemeral streams. |
June 24, 2015 | |
| 2014-003 | Riparian and Stream Setback Condition (Condition 11) Exceptions |
Under Condition 11, applicants can request an exception to the riparian and stream setback requirements | June 24, 2015 |
| 2014-004 | Santa Clara Valley Habitat Plan Study Area Determination |
Habitat Plan study area, expanded study area for burrowing owl conservation, and permit area boundaries sometimes vary between the Habitat Agency’s Geobrowser GIS data and the Habitat Plan text |
June 24, 2015 |
2014-005 |
Coverage for Projects that Occur Partially Outside of the Permit Area |
Projects that lie partially outside the permit area may be covered in their entirety if they meet specified criteria. |
June 24, 2015 |
2015-001 |
Trails and Ranch Road – Application of Temporary or Permanent Fees |
Based on Plan guidance, the designation of temporary or permanent fees is determined by the scope of the impact. In most cases, the fees applied would be temporary. |
June 24, 2015 |
| 2016-001 | Grading Violations and Abatements- Payment of Habitat Plan Fees | When a Grading Violation occurs, abatement activities typically require payment of Habitat Plan fees. This memo provides guidance on how to apply and calculate Habitat Plan fees for grading abatement. | May 10, 2016 |
| 2016-002 | Condition 18 - San Joaquin Kit Fox Den Treatment Requirements | Administrative Modification to Condition 18 to clarify that the destruction of unoccupied dens is only applicable within the development footprint. | October 21, 2016 |
| 2017-001 | Habitat Plan Consistency with Oak Woodlands Conservation Act | If a project that impacts oak woodlands receives coverage under the Habitat Plan, it is exempt from the mitigation requirements of the Oak Woodlands Conservation Act. | April 10, 2017 |
| 2017-002a | Covered Plant Survey Timing | Flexibility in survey timing for covered plant species that can be detected outside of the blooming period. | May 10, 2017 |
| 2017-002b | Definition of a Covered Plant Occurrence and Tracking Occurrences | Guidance for covered plant surveys, occurrence definition, and tracking. | September 29, 2017 |
| 2017-002c | Assessing Impacts to Covered Plant Occurrences | Guidance for assessing impacts to covered plant occurrences | May 30, 2017 |
| 2017-003 | Riparian Habitat Temporary Impact Fee Determination | Fee assessment for riparian impacts resulting from projects that propose restoration of degraded habitat. | July 3, 2017 |
| 2017-004 | Coyote Brush Classification | Coyote brush scrub as a distinct classification of the chaparral and northern coastal shrub natural community | November 22, 2017 |
| 2017-005 | Fee Zone Determination | Identification and verification of applicable project Fee Zones | December 6, 2017 |
| 2017-006 | 1600/LSAA Clarification | Guidance for Habitat Plan-covered projects that require CDFW Lake or Streambed Alteration Agreement (Section 1600) | March 14, 2018 |
| 2021-01 | Stream Setback Applicability |
Clarification to address redevelopment projects and temporary impacts within a stream/riparian setback |
October 19, 2021 |