(a) This Chapter shall not apply to the following:
(1) Any project which is exempt from CEQA.
(2) The adoption or amendment of the General Plan.
(3) The adoption or amendment of any Ordinance, including but not limited to the Zoning Ordinance.
(4) Any Take Authorization Area approved by the Board of Supervisors and the Wildlife Agencies as part of the County Subarea Plan, as shown on Attachment B of Document No. 0769999 on file with the Clerk of the Board or any approved Habitat Loss Permit issued pursuant to 16 U.S.C. Sec. 1533 (d).
(5) Any project for which and to the extent that a Vesting Tentative Map approved prior to October 22, 1997 or a Public Benefit Agreement approved prior to October 22, 1997, confers vested rights under County Ordinance or State law to proceed with development notwithstanding the enactment of this Chapter. Projects subject to this exemption must comply with all provisions of State and Federal law.
(6) Any project for which the Board of Supervisors has determined that application of this Ordinance would result in the applicant being deprived of all reasonable economic use of the property in violation of Federal or State Constitutional prohibitions against the taking of property without just compensation.
(7) Brushing and Clearing on existing parcels 10 acres and under in size containing a dwelling unit as of October 22, 1997.
(8) A public facility or public project, determined to be essential by the County, including but not limited to a County Park or County recreational facility, provided that the County decision making body considering an application for such a project makes the following findings:
a) The facility or project is consistent with the County General Plan, the MSCP Plan and Subarea Plan, as approved by the Board of Supervisors;
b) All feasible mitigation measures have been incorporated into the facility or project, and there are no feasible, less environmentally damaging locations, alignments or non-structural alternatives that would meet project objectives;
c) Where the facility or project encroaches into a wetland or floodplain, mitigation measures are required that result in a net gain in wetland and/or riparian habitat;
d) Where the facility or project encroaches into steep slopes, native vegetation will be used to revegetate and landscape cut and fill areas;
e) No mature riparian woodland is destroyed or reduced in size due to otherwise allowed encroachments; and
f) All Critical Populations of Sensitive Plant Species Within the MSCP Subarea, (Attachment C of Document No. 0769999 on file with the Clerk of the Board); Rare, Narrow Endemic Animal Species Within the MSCP Subarea, (Attachment D of Document No. 0769999 on file with the Clerk of the Board); Narrow, Endemic Plant Species Within the MSCP subarea, (Attachment E of Document No. 0769999 on file with the Clerk of the Board); and San Diego County Sensitive Plant Species, as defined herein will be avoided as required by, and consistent with, the terms of the Subarea Plan.
(9) Any sand, gravel or mineral extraction project provided that the authority considering an application for such project makes the following findings and the following mitigation measures are required as conditions of any use permit approved for such project:
a) The facility or project is consistent with the County General Plan, the MSCP Plan, and the Subarea Plan as approved by the Board of Supervisors;
b) All feasible mitigation measures have been incorporated that meet the standards for mitigation required by CEQA and the State Surface Mining and Reclamation Act of 1975;
c) Any wetland buffer area shall be restored to protect environmental values of adjacent wetlands;
d) In a floodplain, reclamation shall result in a net gain in functional wetlands and riparian habitat in or adjacent to the area of extraction;
e) Native vegetation shall be used on steep slope lands to revegetate and landscape cut areas and fill areas in order to substantially restore the original habitat value, and slopes shall be graded to produce contours and soils which reflect a landform that is consistent with the approved Reclamation Plan;
f) Mature riparian woodland may not be destroyed or reduced in size due to sand, gravel and mineral extraction; and
g) All Critical Populations of Sensitive Plant Species Within the MSCP Subarea, (Attachment C of Document No. 0769999 on file with the Clerk of the Board); Rare, Narrow Endemic Animal Species Within the MSCP Subarea, (Attachment D of Document No. 0769999 on file with the Clerk of the Board); Narrow Endemic Plant Species Within the MSCP subarea, (Attachment E of Document No. 0769999 on file with the Clerk of the Board); and San Diego County Sensitive Plant Species, as defined herein will be avoided as required by, and consistent with, the terms of the Subarea Plan.
Use of the extraction area after reclamation shall be subject to all requirements of this Chapter.
(10) Agriculturally related clearing within the MSCP Subarea, provided that such grading and clearing meets all the following requirements:
a) The land is not located within the Preapproved Mitigation Area shown on the Wildlife Agencies' Preapproved Mitigation Map, Attachment F of Document No. 0769999 on file with the Clerk of the Board.
b) The applicant has farmed the land during three of the last five years and intends to retain the land in agriculture for the next five years or the applicant intends to establish an agricultural operation on the particular parcel of land within one year and to retain the land in agriculture for at least ten years.
c) The land is not located within a floodplain.
An applicant for an agricultural clearing project meeting these requirements shall provide evidence in writing of the facts that support a) - c) above. In addition, the number of acres and location of the land for which the exemption is sought shall be provided. As part of the application the applicant shall sign an agreement to maintain the land in agriculture for the applicable holding period set forth in (10)b).
(11) Parcels ten acres and under in size zoned for single family residential uses shall be allowed to conduct clearing without complying with the provisions of this Chapter in the following circumstances. To qualify for this exemption, a finding must be made that the clearing will not interfere with the assembly of the Multiple Species Conservation Plan Preserve according to the terms of the MSCP Plan and the Subarea Plan. The total number of acres cleared per parcel may not exceed the amounts set forth below.
a) Parcels located within the Pre-Approved Mitigation Area shown on Attachment F of Document No. 0769999 on file with the Clerk of the Board, that are ten acres and under in size and zoned for single family residential uses may clear a total of two acres without complying with the terms of this Chapter. Clearing required pursuant to applicable fire safety regulations shall not be counted in computing the number of acres cleared.
b) Parcels located outside the Pre-Approved Mitigation Area that are ten acres and under in size and zoned for single family residential uses may clear a total of five acres without complying with the terms of this Chapter. Clearing required pursuant to applicable fire safety regulations shall not be counted in computing the number of acres cleared.
c) Projects which qualify for this exemption shall provide the following information to the Department of Planning and Development Services:
1) The location of the parcel to be cleared.
2) The zoning of the parcel to be cleared.
3) The size of the parcel to be cleared.
4) The number and location of the number of acres to be cleared.
(12) Fuel management for fire protection, fire prevention, control or suppression purposes when authorized or required in writing by the fire authority having jurisdiction consistent with the Memorandum of Understanding between the Fish and Wildlife Service of the United States Department of the Interior, the California Department of Fish and Wildlife, the California Department of Forestry, the San Diego County Fire Chiefs’ Association and the Fire District’s Association of San Diego County.
(b) Certificates of Participation. Projects which have received their discretionary approvals from the County prior to November 22, 1997 may, at the option of the project proponent apply for Certificates of Participation using the process set forth below:
The County shall review such applications to determine if the project conforms to the standards of the County Subarea Plan and this Chapter. If the review results in a determination that the project conforms to those standards, the County will issue draft Findings of Conformance for a 45-day review period by the Wildlife Agencies. Unless written objections related to the Findings of Conformance are received from the Wildlife Agencies by the end of the 45-day review period, the County will issue the Certificate of Participation. If the County finds that the proposed project does not meet the standards set forth in the Subarea Plan and this Chapter, the project proponent will be informed of the deficiencies and proper procedures for achieving and assuring conformance to the requirements.
(Added by Ord. No. 9632 (N.S.), effective 4-23-04; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10705 (N.S.), effective 1-8-21)