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/N
CCP"), the Western
Placer County Aquatic Resource Program ("CARP"), and the Western Placer
County In-Lieu Fee Program. The HCP/N
CCP 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/N
CCP and CARP are incorporated by reference as though
fully set forth herein. Complete copies of the HCP/N
CCP 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 (P
CCP) 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/N
CCP (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/N
CCP. Covered activities may be development projects, county programs or operations and maintenance activities. To be covered under state and federal permits issued for the P
CCP, covered activities must meet avoidance, minimization, and compensatory mitigation requirements as set forth in the HCP/N
CCP 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/N
CCP 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 P
CCP 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 ("N
CCPA") (
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/N
CCP.
"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.
"Placer County Conservation Program development fees"
means the fees adopted by the county in accordance with Chapter
9, Section 9.4 of the HCP/N
CCP, and the P
CCP development fee nexus
study in support thereof, and any amendments and adjustments to those
fees. P
CCP development fees consist of the following types of fees:
2.
Special habitat fee(s); and
"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/N
CCP 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 P
CCP reserves,
and that are adaptively managed consistent with the P
CCP. 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 N
CCPA.
"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)
The planning director shall administer and apply the provisions
of this article for the county.
(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/N
CCP and, if applicable, Chapter 6 of the
CARP. Applicable conditions on covered activities from Chapter 6 of
the HCP/N
CCP 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/N
CCP authorization
application, as set forth by this section (derived from HCP/N
CCP Chapter
6, Section 6.2) and shall include any additional contents and requirements
set forth by the community development resource agency director.
A. HCP/N
CCP
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/N
CCP.
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/N
CCP
Aquatic Features. Identify HCP/N
CCP 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/N
CCP (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/N
CCP.
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/N
CCP
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/N
CCP.
c. Purchase of mitigation bank credits, in accordance with the HCP/N
CCP.
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/N
CCP (See
Chapter 6, Section 6.2.4.3.2 Baseline Land-Cover Map Consistency Finding).
(Ord. 6040-B § 1, 2020)
Any public or private project proponent subject to the P
CCP
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/N
CCP
(Land Provided in Lieu of Development Fees).
(Ord. 6040-B § 1, 2020)
Upon approval of a land conversion authorization incorporating all applicable HCP/N
CCP and CARP conditions of approval, and payment of P
CCP 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/N
CCP 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)