SEC. 86.102. PERMIT REQUIRED.

   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:

   (a)   Grading plan approval pursuant to Section 87.204 of this Code, other than for Minor Grading pursuant to Section 87.206 of this Code;

   (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)

SEC. 86.103. VOLUNTARY APPLICANTS.

   Any governmental agency, public utility, or person who voluntarily determines to apply for a Habitat Loss Permit may submit an application for such a Permit.

(Added by Ord. No. 8365 (N.S.), effective 3-2-94)

SEC. 86.104. PROCEDURES AND STANDARDS.

   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)

SEC. 86.105. EXEMPTIONS.

   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)