For purposes of this chapter, the following words and phrases shall have the following meanings:
(a) Biological Assessment: A field survey which evaluates the quality of the habitat and assesses the presence or absence of the coastal California gnatcatcher, and which is performed in accordance with guidelines established by the U.S. Fish and Wildlife Service.
(b) Director: The Director of Planning and Development Services; or the Director of Public Works for habitat loss permits associated with grading or improvement plans reviewed by the Department of Public Works in connection with the issuance of a permit or approval.
(c) Habitat Loss Permit: A permit issued by the Director authorizing the disturbance or removal of coastal sage scrub whether or not occupied by the California gnatcatcher.
(d) Mitigation Plan: A plan proposed by the applicant for a Habitat Loss Permit which will result in no net loss of coastal sage scrub habitat value as defined by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife and which is consistent with the NCCP Conservation Guidelines and Process Guidelines. The plan shall identify a funding source and shall provide a form of security acceptable to the Director to ensure that the plan will be accomplished.
(e) NCCP Conservation Guidelines and Process Guidelines: Those documents entitled "Southern California Coastal Sage Scrub Natural Community Conservation Planning Conservation Guidelines" and "Southern California Coastal Sage Scrub Natural Community Conservation Planning Process Guidelines," both dated November, 1993, which are on file with the Clerk of the Board of Supervisors as Document No. 758984. Said documents are referred to as the "State's NCCP Conservation and Process Guidelines" by the special rule promulgated by the U.S. Fish and Wildlife Service for the coastal California Gnatcatcher under Section 4(d) of the Endangered Species Act of 1973, published at Section 17.41(b) of Part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations.
(Added by Ord. No. 8365 (N.S.), effective 3-2-94; amended by Ord. No. 9698 (N.S.), effective 1-14-05, operative 2-14-05; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10705 (N.S.), effective 1-8-21)
Prior to approval or issuance of any of the following types of land development applications affecting only land located outside of that area identified as the "County of San Diego MSCP Subarea" on the map which is "Attachment A" to Ordinance No. 8845 (N.S.) of the San Diego County Board of Supervisors, (the "MSCP Biological Mitigation Ordinance"), the issuing authority shall determine whether any portion of the property subject to such permit contains the Coastal sage scrub habitat type:
(b) Improvement Plan submitted to the Director of Public Works in connection with any land development project; or
(c) Clearing Permit pursuant to Section 87.501 of this Code.
If the property is determined to contain the Coastal sage scrub habitat type, the land development permit or approval shall not be issued unless a Habitat Loss Permit has first been issued by the Director. If the Director is the issuing authority for the land development permit or approval, the Habitat Loss Permit may be issued concurrently with the land development permit or approval.
(Added by Ord. No. 8365 (N.S.), effective 3-2-94; amended by Ord. No. 8380 (N.S.), effective 4-29-94; amended by Ord. No. 9547 (N.S.), effective 5-9-03)
The Director shall follow the procedures and comply with the standards set forth in the NCCP Conservation Guidelines and Process Guidelines, in processing and determining whether to issue the Habitat Loss Permit. A biological assessment and mitigation plan shall be submitted as part of the application for a Habitat Loss Permit.
(Added by Ord. No. 8365 (N.S.), effective 3-2-94)
Notwithstanding Section 86.102, no Habitat Loss Permit shall be required for:
(a) Any project for which it is determined by the Board of Supervisors that application of this Ordinance would result in the applicant being deprived of all reasonable economic use of property without compensation, in violation of Federal or State Constitutional prohibitions.
(b) Any project for which the Director makes a finding with the concurrence of the U.S. Fish and Wildlife Service that:
1. A final map was approved prior to March 2, 1994 and is listed on Schedule A, attached hereto; and
2. The property is not occupied by the Coastal California gnatcatcher; and
3. Issuance of the permit referenced in Section 86.102 pursuant to the final or parcel map will not preclude the development of preserves in the future.
(c) Any project which has been issued incidental take authorizations pursuant to Section 7 or Section 10(a) of the Federal Endangered Species Act, 16 U.S.C. Section 1531 et seq.
(d) Any project located within the Multiple Species Conservation Plan Program Subarea, adopted by the Board of Supervisors on October 22, 1997, as shown on the Boundary Map attached hereto as Exhibit A.
(e) Any project which qualifies for the de minimus exemption as set forth in the direction from the U.S. Fish and Wildlife Service and the California Department of Fish and Game letter dated March 17, 2004.
(Added by Ord. No. 8365 (N.S.), effective 3-2-94; amended by Ord. No. 8608 (N.S.), effective 12-15-95; amended by Ord. No. 8846 (N.S.), effective 12-5-97; amended by Ord. No. 9671 (N.S.), effective 8-13-04)