The purpose of this article is to implement the Placer County Conservation Program in order to provide a regulatory framework for promoting the protection and recovery of natural resources, including covered species and aquatic resources of Placer County, while streamlining the permitting process for both publicly funded and privately funded planned development within the county of Placer. The Placer County Conservation Program includes the Western Placer County Habitat Conservation Plan and Natural Community Conservation Plan ("HCP/NCCP"), the Western Placer County Aquatic Resource Program ("CARP"), and the Western Placer County In-Lieu Fee Program. The HCP/NCCP was developed by the county of Placer, the city of Lincoln, the Placer County Water Agency (PCWA), and the South Placer Regional Transportation Authority (SPRTA), in cooperation with the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the California Department of Fish and Wildlife (CDFW), and in consultation with stakeholder groups and the general public. The CARP was developed by the county, the city, PCWA, and SPRTA in cooperation with the United States Army Corps of Engineers (USACE), the United States Environmental Protection Agency (USEPA), and the Central Valley Regional Water Quality Control Board (CVRWQCB), and in consultation with stakeholder groups and the general public. The In-Lieu Fee Program was developed by the county in association with the USACE, the USEPA, and the CVRWQCB, and in consultation with stakeholder groups and the general public.
The following regulations only apply to covered activities on public and private property within the area described in Section 19.10.050.
(Ord. 6040-B § 1, 2020)
The HCP/NCCP and CARP are incorporated by reference as though fully set forth herein. Complete copies of the HCP/NCCP and CARP are available for inspection at the office of the county clerk, the community development resource agency, the county's website and the Placer Conservation Authority's website.
(Ord. 6040-B § 1, 2020)
This chapter shall be known as and may be cited and referred to as the "Placer County Conservation Program (PCCP) ordinance."
(Ord. 6040-B § 1, 2020)
The definitions set forth in this section shall govern the application and interpretation of Article 19.10. Words and phrases not defined in this section shall be interpreted to give this ordinance its most reasonable application.
"Aquatic resources" or "aquatic resources of Placer County"
include waters of the United States, waters of the state, stream systems, and constituent habitats for aquatic/wetland complex(es), vernal pool complex(es) and riverine/riparian complex(es) within the stream system, and includes all definitions described in Chapter 3 of the HCP/NCCP (Physical and Biological Resources) and Chapter 3 of the CARP (Placer County Aquatic Resources Protected by the CARP).
"Building permit"
means a permit for the construction, assembly, or installation of a structure that requires attachment to the ground and as further described in Chapter 15, Article 15.04 (Building and Construction Code).
"County aquatic resource program" or "CARP"
means the western Placer County aquatic resource program that will protect streams, wetlands, and other aquatic resources and fulfills some or all of the requirements of the Federal Clean Water Act (CWA) and analogous state laws and regulations as adopted by the board of supervisors on September 1, 2020, and any amendments thereto.
"Covered activity"
means a covered activity as described in Chapter 2 of the HCP/NCCP. Covered activities may be development projects, county programs or operations and maintenance activities. To be covered under state and federal permits issued for the PCCP, covered activities must meet avoidance, minimization, and compensatory mitigation requirements as set forth in the HCP/NCCP for certain species of fish and wildlife and their habitat and as set forth in the CARP to protect aquatic resources.
"Covered species"
means a species, listed or non-listed, whose conservation and management is provided for in the HCP/NCCP and for which incidental take is authorized by a wildlife agency pursuant to a take permit.
"Development project"
means any project or activity within the PCCP plan area that requires a land conversion authorization.
"Habitat conservation plan and natural community conservation plan" or "HCP/NCCP"
mean the joint western Placer County habitat conservation plan and natural community conservation plan that will protect fish and wildlife and their habitats and fulfill the requirements of the Federal Endangered Species Act ("ESA") (16 U.S.C. Sections 1531— 1544), and the California Natural Community Conservation Planning Act ("NCCPA") (Fish and Game Code Sections 2800—2835), as adopted by the county on September 1, 2020, and any amendments thereto.
"Implementing agreement"
means the agreement made and entered into by and among the county of Placer, the city of Lincoln, PCWA, SPRTA, USFWS, NMFS, and CDFW that defines the parties' respective roles and responsibilities and provides a common understanding of actions that will be undertaken to implement the HCP/NCCP.
"In-lieu fee program" or "ILF"
means the western Placer County in-lieu fee program approved by the Placer County board of supervisors on December 4, 2018, and interagency review team dated March 14, 2019 and any amendments thereto. The ILF provides an option for compensatory mitigation for impacts to aquatic resources authorized under individual, nationwide, and programmatic permits, certifications, and other approvals or authorizations under the Federal Clean Water Act.
"Land conversion authorization"
means any permit or approval that authorizes a ground disturbing activity, including, but not limited to, grading permits, grading plans, improvement plans, and building permits. Approvals for county-sponsored capital improvement projects and operations and maintenance activities are also land conversion authorizations.
"Open space and fire hazard management fee"
means the open space and fire hazard management fee adopted by the county (Chapter 19, Article 19.30)and based on the most recent applicable open space and fire hazard management fee nexus study.
"Open space and fire hazard management fee area"
means the geographic area within which the open space and fire hazard management fee will be assessed, as set forth in Section 19.30.030.
"Placer Conservation Authority" or "PCA"
means the joint exercise of powers agency formed on March 25, 2020, by and among the county of Placer and the city of Lincoln pursuant to the Joint Powers Act, Government Code Section 6500 et seq.
"Placer County Conservation Program" or "PCCP"
means the program described and implemented pursuant to Chapter 19, Article 19.10 (Placer County Conservation Program).
"Placer County Conservation Program development fees"
means the fees adopted by the county in accordance with Chapter 9, Section 9.4 of the HCP/NCCP, and the PCCP development fee nexus study in support thereof, and any amendments and adjustments to those fees. PCCP development fees consist of the following types of fees:
1. 
Land conversion fee(s);
2. 
Special habitat fee(s); and
3. 
Temporary effect fee(s).
"Project applicant"
means any person or entity applying for a land conversion authorization for a covered activity.
"Reserve system"
means the reserve system that will be assembled through the HCP/NCCP and the CARP to provide for the conservation of covered species and aquatic resources. The reserve system will be a large system of interconnected land blocks located in the western and northern valley and northern foothills of Placer County, estimated to be between around forty-seven thousand three hundred acres (47,300) acres and will include existing and newly acquired lands that are part of the PCCP reserves, and that are adaptively managed consistent with the PCCP. The reserve system will be capable of protecting, managing, restoring, and creating the natural and semi-natural communities and habitats that support the covered species.
"Stream system"
The stream system is the stream channel itself (wet or dry) and the surrounding areas as follows:
1. 
Any area subject to flooding in a 100 year event as defined by the Federal Emergency Management Agency (FEMA)or as determined by a hydrologic analysis prepared by a licensed engineer (whichever is more accurate), or the area in #2 below, whichever is greater.
2. 
The outermost limit of a variable-width boundary measured outward from the edge of the ordinary high-water mark (OHWM) on streams mapped in the National Hydrography Dataset (NHD) (so-called blueline streams) as listed in Table 1. The OHWM corresponds to the waterline of the full channel and is defined in 33 Code of Federal Regulations (CFR) Section 328.3(e). When the criteria specified by 33 CFR Section 328.3 is not present in the field or does not provide a clear demarcation of the OHWM based upon determination by the community development resource agency director, the location of the OHWM will be based upon the two-year event.
3. 
The area within 50 feet of a stream, as measured from the OHWM as described above, not named on Table 1, but which is shown as a "blueline" stream on United States Geological Survey (USGS) Quad maps as specified in California Public Resources Code Section 4528 and as located on the NHD.
4. 
When a stream is not shown on the NHD but is present on a project site, the stream and stream system will be mapped based upon the following criteria:
a. 
To provide hydraulic continuity between mapped streams in the upper watershed and mapped streams in the lower watershed. This is necessary because land alteration may have erased original stream traces;
b. 
If the watercourse is artificial (such as canals, channels, and flood water conveyances) and the watercourse serves in lieu of a natural stream to maintain hydraulic continuity with the watershed above, and where the channel is in an unlined, earthen condition;
c. 
If the stream is determined to be perennial; or
d. 
If the stream is determined to provide habitat for salmonids.
5. 
Streams will be truncated at the point where the watershed falls below 40 acres in extent in order to avoid defining the stream system around minor drainages.
6. 
The 50 foot boundary may be adjusted based on site survey.
Table 1
BASIC BOUNDARY WIDTHS FOR SPECIFIED STREAM REACHES
Stream Name Listed from North to South and from West to East
Basic Boundary in Feet Measured from OHWM
Bear River downstream of Camp Far West Dam
600
Bear River upstream of Camp Far West Reservoir
400
Yankee Slough downstream of Sheridan Lincoln Blvd. crossing
200
Yankee Slough upstream of Sheridan Lincoln Blvd. crossing
100
Yankee Slough North Fork to Riosa Road
100
Raccoon Creek downstream of the Doty Ravine Confluence
600
Raccoon Creek between the Doty Ravine Confluence and McCourtney Road
300
Raccoon Creek between McCourtney Road and Garden Bar Road
200
Raccoon Creek upstream of Garden Bar Road
100
Orr Creek
100
Dry Creek tributary to Raccoon Creek
100
Rock Creek
100
Deadman Canyon
100
Doty Ravine downstream of Caps Ravine
300
Doty Ravine upstream of Caps Ravine
100
Caps Ravine
100
Sailors Ravine
100
Markham Ravine downstream of Dowd Road
200
Markham Ravine between Dowd Road and Sheridan-Lincoln Blvd
100
Markham Ravine North Fork
100
Auburn Ravine downstream of Moore Road crossing
600
Auburn Ravine between Moore Road and Lincoln Blvd
400
Auburn Ravine between Lincoln Blvd and Fowler Road
300
Auburn Ravine between Fowler Road and Auburn WWTP
200
Auburn Ravine upstream of Auburn WWTP
100
North Ravine
100
Dutch Ravine
100
Orchard Creek downstream of State Route 65
200
Orchard Creek upstream of State Route 65
100
Ingram Slough
100
King Slough
100
Pleasant Grove Creek – West of Reason Farms
400
Curry Creek downstream of Baseline Road
200
Curry Creek upstream of Baseline Road
100
Dry Creek downstream of Cook-Riolo Road
400
Dry Creek from Cook-Riolo to Roseville City Limits
300
Secret Ravine
200
Secret Ravine North Tributary
100
Secret Ravine South Tributary
100
Secret Ravine along Boardman Canal
100
Miners Ravine downstream of King Road
200
Miners Ravine upstream of King Road
100
Linda Creek downstream of Barton Road
200
Linda Creek upstream of Barton Road
100
Strap Ravine
100
Antelope Creek upstream of Loomis Town Limits
100
Mormon Ravine
100
Stream Reaches not Specified Above
50
"Take" and "taking"
have the same meaning provided by the ESA and its implementing regulations with regard to activities subject to the ESA, and also have the same meaning provided in Section 86 of the California Fish and Game Code with regard to activities subject to the California Endangered Species Act ("CESA") (Fish and Game Code Section 2050 et seq.), and the NCCPA.
"Take permit"
means a federal incidental take permit issued by the USFWS or the NMFS pursuant to Section 10(a)(1)(B) of the ESA, and the state take authorization issued by CDFW pursuant to Section 2835 of the California Fish and Game Code, to the county of Placer.
"Wetland"
means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Most wetlands are considered waters of the United States, but isolated wetlands are not regulated by the U.S. Army Corps of Engineers (USACE). The county of Placer regulates wetlands and isolated waters when a development project is a covered activity. In Placer County, wetlands are palustrine systems and generally include swamps, marshes, bogs, and similar areas.
"Wildlife agencies"
means those agencies that are charged with the regulation of wildlife within the county of Placer, and include, but are not limited to, the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the California Department of Fish and Wildlife (CDFW).
(Ord. 6040-B § 1, 2020)
A. 
This article shall apply to all development projects that are covered activities within the HCP/NCCP plan area, consisting of plan area A and plan area B, as further defined and described in Chapter 1, Section 1.2.1 (Plan Area) of the HCP/NCCP. A comprehensive list of covered activities is provided in Chapter 2 of the HCP/NCCP. This article does not apply to the following:
1. 
Any development project that is not a covered activity under the HCP/NCCP as set forth in Chapter 2, Section 2.7 (Activities not Covered by this Plan).
2. 
Any development project which the CDFW, USFWS and NMFS have determined is not subject to the CESA and the ESA, has already received the necessary take authorizations under the CESA and the ESA, or has otherwise complied with the CESA and the ESA. Under these circumstances, a development project will not require coverage under the PCCP if the proponent provides the following:
a. 
A letter(s) from USFWS, NMFS, and/or CDFW that specifically refers to the development project and states that it is not likely to result in take of any federal or state-listed species individually or cumulatively and the results for full protocol surveys, approved by CDFW, for state-listed species with the potential to occur on the site show that no such species or species habitat occurs on the site; or
b. 
A copy of an incidental take permit issued by CDFW for the activity and copies of incidental take statements or incidental take permits issued by USFWS and/or the NMFS that authorize the proposed covered activity; or
c. 
A combination of the letters as described in paragraph (a) above and/or incidental take authorizations described in (b) from USFWS, NMFS and/or CDFW with jurisdiction.
3. 
Certain minor development projects that are not expected to have adverse effects on covered species as described in Section 2.7of the HCP/NCCP (Activities not Covered by this Plan) at category 11 (minor activities). Such minor development projects must generally obtain any necessary authorizations or permits directly from the wildlife agencies under CESA, ESA, or CEQA. However, with approval of the PCA, proponents of such minor development projects may opt in for coverage under the HCP/NCCP pursuant to Section 8.9.6 of the HCP/NCCP (Coverage Option for Certain Minor Activities).
4. 
Development projects that have approved county entitlements prior to the adoption of this article, unless one or more of the following occurs after adoption of this article: (a) the entitlement is subsequently amended through a discretionary review process resulting in covered activities that increase the amount or severity or impacts to habitat; or (b) the entitlement's term expires; or (c) a project applicant with such approved entitlements elects to participate in the program set forth in this article.
B. 
This article establishes requirements and application procedures whereby project applicants may receive authorization for the incidental take of covered species under state and federal law and authorization for impacts to aquatic resources of Placer County, subject to the applicant's compliance with all of the terms and conditions required by this chapter, including compliance with applicable terms and conditions of the HCP/NCCP, the implementing agreement, and the CARP.
(Ord. 6040-B § 1, 2020)
All project applicants for development projects that are subject to this article shall comply with the conditions on covered activities in Chapter 6 of the HCP/NCCP and, if applicable, Chapter 6 of the CARP. Applicable conditions on covered activities from Chapter 6 of the HCP/NCCP and Chapter 6 of the CARP, if applicable, shall be included as conditions of approval in each land conversion authorization approval for such development projects.
(Ord. 6040-B § 1, 2020)
Applications for land conversion authorizations required by this article shall be filed with all development projects. Every such application shall be accompanied by a completed HCP/NCCP authorization application, as set forth by this section (derived from HCP/NCCP Chapter 6, Section 6.2) and shall include any additional contents and requirements set forth by the community development resource agency director.
A. 
HCP/NCCP Application Requirements. All covered activities that require a land conversion authorization application shall submit the necessary forms and background data, including, but not limited to, the following:
1. 
Universal Project Application Form. This form provides basic contact information for owner and applicant. For applications requiring a review for covered activities or aquatic resources of Placer County, the project description shall include pertinent information for coverage under the HCP/NCCP.
2. 
Project Description and Site Plan/Map. Comprehensive project description and site plan/map with a north arrow drawn at an appropriate scale. The site plan/map must also comply with requirements in Chapters 15 (Building and Development), 16 (Subdivisions), 17 (Zoning) and 18 (Environmental Review). The site plan/map must also include the location of permanent, direct, indirect, and temporary effects shown on the plan/map. Cross-section view drawing may be required as well. A vicinity map shall also be provided.
3. 
Natural Community Types On Site and Baseline Consistency. Provide documentation of natural community types on site or affected by the project based on the most recent natural community information provided by Placer County, the Placer Conservation Authority, and other applicable biological surveys.
4. 
HCP/NCCP Aquatic Features. Identify HCP/NCCP aquatic features present on the project site, including any areas within a vernal pool constituent habitat immediate watershed. This should include an aquatic resources of Placer County delineation and stream system boundary identification on a topographic map.
5. 
Mapping the Stream System and Salmonid Streams. Evaluate the project site for the presence of a 100 year floodplain, U.S. Geological Survey blue-line streams, or salmonid habitat streams and map them if present.
6. 
Biological Resources Effects Assessment. Determination of project effects on biological resources addressed by the HCP/NCCP (covered species and natural communities), as determined by a qualified biologist. Biological resources that will be evaluated include the natural community type, stream system, and covered species habitat. If more than 0.01 acres of aquatic resources of Placer County are present on site, a delineation of aquatic resources shall be provided consistent with CARP Section 5.2.3.2.
7. 
Results of Applicable Species Surveys. Documentation describing the planning surveys conducted during the planning phase and survey results. Survey requirements are defined in the species conditions found in Chapter 6, Section 6.3.5 of the HCP/NCCP.
8. 
Proposed Assessment of Land In Lieu of Fees. Required if the project includes land that will be offered for dedication in lieu of development fees, or as a contribution to the reserve system.
9. 
Avoidance and Minimization Requirements. Documentation of any applicable avoidance and minimization requirements that will be implemented, including pre-construction surveys and construction monitoring requirements.
10. 
Cultural Resource Information. This information must include technical documents or reports prepared for the development project consistent with Section 8.1 of the cultural resources management plan, Chapter 18, Article 18.37 (Cultural and Tribal Resources) and Placer County Code, Chapter 15, Article 15.60 (Cultural Resources Preservation). If the development project includes aquatic resources of Placer County and a cultural resource report has been prepared that meets current USACE standards that report should be submitted with the HCP/NCCP application materials.
11. 
California Environmental Quality Act compliance documents if complete.
B. 
CARP Application Requirements. If the project has the potential to result in direct and indirect impacts to aquatic resources of Placer County, an applicant shall provide the following information in addition to the requirements in subsection A.
1. 
Topographic map(s) and recent aerial photography that depict the project footprint overlaid on the habitat types including, but not limited to those within the stream system and aquatic features, the connectivity of aquatic features on the landscape and anticipated temporary and permanent impacts. The map should include all components for each project, for example: access roads, staging areas, stockpile locations, temporary disturbance areas, and permanent footprints.
2. 
A description of the methods used to avoid and minimize impacts to protected resources to the extent practicable (project design, stream structural setbacks, etc.).
3. 
A delineation of aquatic resources of Placer County, including the stream system boundary, consistent with the USACE guidelines for delineations of waters of the United States, overlaid on a topographic map.
4. 
Assessment of impacts to aquatic resources including amount of fill in cubic yards to waters of the United States.
5. 
The results of any cultural resource assessment conducted by the Placer Conservation Authority or county staff of any materials provided to comply with subsection (A)(10) (Cultural Resource Information).
6. 
Avoidance and minimization measures.
7. 
Description on how the project proposes to fulfill compensatory mitigation requirements through any one, or a combination, of the following:
a. 
Payment of in-lieu fees to the In-lieu fee program (ILF).
b. 
Contribution of land in lieu of paying ILF fees, in accordance with the HCP/NCCP.
c. 
Purchase of mitigation bank credits, in accordance with the HCP/NCCP.
C. 
Determination of Completeness. The community development resource agency director shall review application packages for completeness before the land conversion authorization application for the development project can be deemed complete. The determination of completeness shall include a baseline consistency determination as required by the HCP/NCCP (See Chapter 6, Section 6.2.4.3.2 Baseline Land-Cover Map Consistency Finding).
(Ord. 6040-B § 1, 2020)
A. 
The PCCP development fees are hereby adopted in accordance with Chapter 9 of the HCP/NCCP for the purpose of mitigating impacts to open space, to habitat and species covered by the HCP/NCCP, and to aquatic resources of Placer County covered by the CARP. Development fee revenues will be used to fund the program costs described in Chapter 9, Section 9.3 of the HCP/NCCP (Cost Estimate Methodology and Assumptions) through revenues described in Section 9.4 of the HCP/NCCP (Funding Sources and Assurances). Because the tasks and actions set forth in the HCP/NCCP encompass the tasks and actions set forth in the CARP, the development fees set forth in the HCP/NCCP will fund both HCP/NCCP and CARP tasks and actions.
B. 
The community development resource agency shall collect PCCP development fees for the purpose of implementing the PCCP. The PCCP development fees shall be adopted and may be increased, decreased, or changed in scope at a public hearing based on data indicating the cost or estimated cost required to provide the service for which the fee or services charges are to be levied.
C. 
The amounts and method of calculating the PCCP development fees, including the land conversion fee, the special habitat fees, and the temporary effect fee, shall be adopted by board of supervisors fee resolution. The amount of the PCCP development fees shall be adjusted periodically based on determinations and assessments by the PCA in accordance with Chapter 9, Section 9.4.1.7 (Adjustment of Development Fees), of the HCP/NCCP. The adjusted PCCP development fee amounts shall be adopted by board of supervisors fee resolution.
D. 
Payment of applicable PCCP development fees shall be required for all development projects subject to this article. Each land conversion authorization for such development projects shall require the project applicant to pay such fees in full to the county according to the payment schedule determined by the county. The county shall determine the PCCP development fee payment schedule for each such development project as follows:
1. 
For development projects that are approved as a single-phased project, PCCP development fees shall be paid in full prior to the issuance of the first land conversion authorization or building permit;
2. 
For development projects that are approved as multi-phased projects, the PCCP development fees shall be paid prior to the issuance of the first land conversion authorization for each phase, in proportion to the extent of land conversion associated with each phase, and prior to any ground-disturbing activities in each phase; and
3. 
For development projects that require both land conversion authorizations and building permits, the county may allow for the splitting of land conversion fee payments, in which an initial payment is made prior to the issuance of the first land conversion authorization, in proportion to the extent of land conversion associated with such land conversion authorization, and subsequent payment(s) are made prior to the issuance of building permits, in accordance with Chapter 9, Section 9.4.1.8.1 of the HCP/NCCP (Timing of Development Fee Payment). Any such splitting of fee payments would require the following:
a. 
The initial payment equals no less than 50% of the total fee obligation and thereby sufficient to fund one-time costs associated with reserve acquisition, post-permit endowment, and plan preparation costs as determined by the PCA (securing this share of the total fee obligation concurrent with initial effects),
b. 
Subsequent payment(s) equal no more than 50% of the total fee obligation and thereby limited to funding on-going operating costs during the term of the take permits,
c. 
Each subsequent payment is based on the PCCP development fee amounts in effect at time of the subsequent payment (not the amounts in effect at time of the initial payment),
d. 
The project applicant must provide a performance bond or other security guaranteeing the entire fee obligation will be paid within three years from the date of the initial fee payment.
E. 
If the PCA authorizes another manner of compensatory mitigation in lieu of some or all of the PCCP development fees pursuant to Chapter 9, Section 9.4.1 (e.g., a land donation, or establishing a special tax or assessment, in lieu of payment of a portion of the PCCP development fees), the project applicant shall provide the county with written documentation from the PCA of compliance with such alternative manner of payment and the dollar equivalent amount of such alternative manner of compensatory mitigation, and the amount of the PCCP development fees owed for the development project shall be reduced accordingly.
F. 
Any fee amounts paid for a development project pursuant to Placer County Code Chapter 19, Article 19.30 (Open Space and Fire Hazard Management Fee and Article 19.50 (Woodland Conservation) shall be credited against the land conversion fee and special habitats fee(s) amounts owed for the project.
G. 
All PCCP development fees collected shall be transmitted to the PCA quarterly, within 30 days of the end of the quarter within which the fee was collected, for deposit into a separate account or fund, and for the investment, accounting and expenditure in accordance with the provisions of this article and the Mitigation Fee Act.
H. 
Implementation of conservation actions described in Chapter 5 of the HCP/NCCP (Conservation Strategy) are exempt from all PCCP Development Fees.
(Ord. 6040-B § 1, 2020)
Any public or private project proponent subject to the PCCP land conversion fee may propose dedication of land to the reserve system in lieu of payment of a portion of the land conversion fee. The option to dedicate land in lieu of payment only applies to the land conversion fee and not any special habitat fee or temporary effect fee.
A. 
Land Dedication Agreement. Any land dedication in lieu of a fee obligation shall require a land dedication agreement with the PCA. The PCA and the project proponent must execute the agreement before commencement of covered activities to which the credit will be applied. The land dedication agreement shall specify the terms contained in this section and conform to the requirements in Section 9.4.1.10 of the HCP/NCCP (Land Provided in Lieu of Development Fees).
(Ord. 6040-B § 1, 2020)
A. 
Any public or private project proponent subject to special habitat fees may propose to restore, manage, and monitor their own aquatic resource, stream, or riparian mitigation site (on or off site) in lieu of paying all or part of the applicable special habitat fee. For project proponent-initiated aquatic resource, stream, or riparian mitigation, restoration construction must be initiated prior to construction of the covered activity; the mitigation must be consistent with the requirements of HCP/NCCP Chapter 6 (Program Participation and Conditions on Covered Activities); the site must be protected by a conservation easement; and management and monitoring must be funded in perpetuity. Any proposal to initiate restoration in lieu of special habitat fees must comply with Section 9.4.1.4.2 of the HCP/NCCP.
B. 
Applicants for development projects may purchase appropriate special habitat restoration credits in a mitigation bank in the HCP/NCCP that has been approved separately by USFWS and CDFW to service the HCP/NCCP (see Section 8.4.7 of the HCP/NCCP, Private Mitigation and Conservation Banks, for more details).
(Ord. 6040-B § 1, 2020)
Upon approval of a land conversion authorization incorporating all applicable HCP/NCCP and CARP conditions of approval, and payment of PCCP development fees in accordance with Section 19.10.090, the planning director shall extend the following to the project applicant:
A. 
Authorized take coverage for the development project in accordance with the terms of the HCP/NCCP and the implementing agreement; and
B. 
Authorization to impact aquatic resources of Placer County in accordance with the terms of the CARP.
(Ord. 6040-B § 1, 2020)
Decisions of the planning director, community development resource agency director, public works director, facilities management director, the zoning administrator, the environmental review committee, the parcel review committee, the design/site review committee, the development review committee and the planning commission made pursuant to this article may be appealed by an applicant or by any aggrieved person as provided by this section.
A. 
Filing of Appeals
1. 
Appeals on decisions made pursuant to this article shall be made to the planning commission. Rulings of the planning commission may be appealed to the board of supervisors.
2. 
Appeals must be made in writing, shall specify the decision or portion of the decision being appealed, shall include a detailed state of the factual and/or legal grounds upon which the appeal is being taken and shall include other information required by the appeal body, and may include any explanatory materials the appellant may wish to furnish.
3. 
Filing of Appeals. An appeal must be filed within 10 calendar days from the date of the decision that is the subject of the appeal. Appeals filed more than 10 days after the decision shall not be accepted by the clerk of the appeal body. The written appeal shall be accompanied by an appeal fee as set from time to time by the board of supervisors.
B. 
Effect of Filing. In the event of an appeal, the decision being appealed shall be set aside and of no effect until final action by the appeal body pursuant to this section.
C. 
Who May Appeal. An appeal may be filed by any person affected by an action or interpretation of this article. If an action is the result of a public hearing, a hearing decision may be appealed by anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the county in writing of the nature of his/her concerns before the hearing.
D. 
Time Limits on Appeals. Upon receipt of an appeal in proper form, the clerk of the planning commission or clerk of the board of supervisors, as applicable, shall schedule the matter for consideration by the appropriate appeal body. The appeal body shall commence a public hearing on the appeal within 90 days of its proper filing, or within such other time period as may be mutually agreed upon by the appellant, in writing, and the appeal body, in writing. If the public hearing is not commenced within 90 days, or an alternative time period is not agreed upon by the appellant and the appeal body, the decision rendered by the last hearing body shall be deemed affirmed.
(Ord. 6040-B § 1, 2020)
The community development resource agency director shall be authorized to enforce the provisions of this article by civil or administrative action as permitted by law and the Placer County Code.
(Ord. 6040-B § 1, 2020)
If any part of this article is for any reason held to be invalid by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining portion of this article, and the board hereby declares that it would have adopted each provision of this article irrespective of the validity of any other provision.
(Ord. 6040-B § 1, 2020)