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)