The purpose of this article is to adopt and implement the open space and fire hazard management fee to complement funding provided by Placer County Conservation Program (PCCP) development fees by ensuring that development projects that are exempt from payment of the PCCP development fees, but which nonetheless benefit from the protection of open space and management of fire hazards under the PCCP, contribute a fair share of funding for such open space protection and fire hazard management.
(Ord. 6040-B § 2, 2020)
The definitions set forth in Section 19.10.040 shall govern the application and interpretation of this article. Words and phrases not defined in the section shall be interpreted so as to give this article its most reasonable application.
(Ord. 6040-B § 2, 2020)
A. 
This article shall apply to all development projects located within the open space and fire hazard management fee area that are not required to pay a PCCP development fee.
B. 
The geographic area within which the open space and fire hazard management fee will be assessed (the "open space and fire hazard management fee area") is the area described as "foothills" as set forth in the resolution of adoption. The open space and fire hazard management fee area generally comprises the foothills of western Placer County.
(Ord. 6040-B § 2, 2020)
The community development resource agency director shall administer and apply the provisions of this article for the county.
(Ord. 6040-B § 2, 2020)
A. 
The community development resource agency shall collect open space and fire hazard management fees for the purpose of financing tasks and actions to protect open space and manage fire hazards in the open space and fire hazard management fee area. The open space and fire hazard management 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.
B. 
The amounts and method of calculating the open space and fire hazard management fee shall be adopted by fee resolution. The amount of the open space and fire hazard management fee shall be adjusted periodically using the calculations and assessments performed by the Placer Conservation Authority (PCA) for the adjustment of PCCP development fees pursuant to the Habitat Conservation Plan/Natural Communities Conservation Plan (HCP/NCCP). The adjusted open space and fire hazard management fee amounts shall be adopted by fee resolution.
C. 
The community development resource agency director shall assess the open space and fire hazard management fee on development projects located in the open space and fire hazard management fee area (see Section 19.30.030). Payment of the open space and fire hazard management fee shall be required for all development projects subject to this chapter. For residential development projects, the open space and fire hazard management fee shall be assessed on all net new residential dwelling units. For development projects located on non-residential land use districts (general plan and/or zoning), the open space and fire hazard management fee shall only be assessed on vacant parcels based upon the total acreage of the parcel(s) on which the development projects are sited. For mixed-use projects that include residential and non-residential land uses, the greater of the above two fees shall apply. Each land conversion authorization for such development projects shall require the project applicant to pay such fees in full to the county prior to the issuance of the first land conversion authorization or the issuance of a building permit, as determined by the community development resource agency director.
D. 
All open space and fire hazard management 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.
(Ord. 6040-B § 2, 2020)
Project Exemptions. The open space and fire hazard management fees do not apply to the following development projects.
A. 
Residential accessory structures.
B. 
Additions or modifications to existing single-family and multifamily residential dwellings, unless additional dwelling units are added (e.g., construction of an attached secondary dwelling or construction of additional multifamily units) so long as the fee is permissible in accordance with state law.
C. 
Implementation of conservation actions that are described in Chapter 5 of the HCP/NCCP are exempt from all open space and fire hazard management fees.
D. 
All temporary dwellings described in Placer County Code Chapter 17, Section 17.56.280 (Temporary dwellings).
(Ord. 6040-B § 2, 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 § 2, 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 § 2, 2020)