The following types of construction shall be exempt from the provisions of this chapter:
(A) Reconstruction or improvements that were damaged or destroyed by fire or other natural causes, provided that the reconstruction or improvements do not result in additional usable square footage;
(B) Rehabilitation or remodeling to an existing development project, provided that the rehabilitation or remodeling does not result in additional usable square footage;
(C) Accessory dwelling units, but only to the extent such fee is exempted under state law;
(D) Junior accessory dwelling units, but only to the extent such fee is exempted under state law;
(E) Existing structures where the use is changed from an existing permitted use to a different permitted use, provided that no additional improvements are constructed and does not result in additional usable square footage;
(F) Certain agricultural operations as allowed by the MSHCP, as amended;
(G) Vesting tentative tract maps entered into pursuant to Cal. Gov't Code §§ 66452 et seq. (also Cal. Gov't Code §§ 66498.1 et seq.) and development projects which are the subject of a development agreement entered into pursuant to Cal. Gov't Code §§ 65864 et seq., prior to the effective date of County Ordinance No. 810.2, wherein the imposition of new fees are expressly prohibited; provided that if the term of such a vesting map or development agreement is extended by amendment or by any other manner after the effective date of County Ordinance No. 810.2, the MSHCP fee shall be imposed.
(H) Except as exempted above, all projects are required to make a mitigation payment/contribution and where no mitigation payment process is specified, the project will pay the updated per acre mitigation fee.
(Ord. 2022-364, passed 11-16-2022)