For purposes of this chapter, the following types of development shall not be required to pay a mitigation fee:
A. Reconstruction of any structure damaged or destroyed by fire or other natural causes;
B. Rehabilitation or remodeling of existing structures or existing off site improvements;
C. Development of any parcel which has previously been approved and issued a separate section 10(a) permit under the federal endangered species act of 1973 for the desert tortoise. Such lands are covered by and are subject to the terms and conditions of a separate habitat conservation plan and incidental take permit approved and issued by the United States fish and wildlife services. Such lands are not covered by or subject to the incidental take permit. (Ord. 479, 3-11-2014)